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HomeMy WebLinkAbout2005 11-14 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 00 P.M. Monday, November 14, 2005 Council Chambers, City Hall Meeting No. 05 -24 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country David Bartol- Temporary Appointment Vote Swear In C. ROLL CALL Mayor's Address on Protocol: "Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments /questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments." 11�e1 > >:16IT /e111010MII.litl i Minutes from the City Council Meeting- October 24, 2005 E. APPROVAL OF AGENDA F. APPOINTMENTS /PRESENTATIONS 1�81•1, III l i ,1•7-11 All matters listed underthe 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. Annual Gambling Resolution — North Tartan Area Girls Basketball at Broadway Bar & Pizza 3. Consider Approval of 2006 SCORE Funding Application 4. Final Plat — Woodhill (Dahl Avenue, south of Linwood Avenue) 5. Home Occupation License Review — David Grupa Photography (1994 Duluth Street) 6. Conditional Use Permit Review — Oversized Accessory Building (1236 Kohlman Avenue East) 7. Conditional Use Permit Review — Ponds of Battle Creek Golf Course (601 Century Avenue South) 8. Conditional Use Permit Review — Woodlynn Ponds Townhomes (Chisholm Court, south of County Road D) 9. Senior Administrative Assistant 10. Cafeteria Plan Master Plan Revisions 11. Welfare Plan & Integral Part Trust Revisions 12. Budget Transfer from Contingency Account to Fire Account for New Heating and AC Unit 13. Adjust City Publishing Budget 14. 2006 Employee Insurance Renewal 15. Healthcare Savings Plan Document (HRA) 17 411111[am71 *e1N1.[41 7:00 p.m. Edgerton Manor Building Addition Setback Variance (2021 Edgerton Street) AWARD OF BIDS Applewood Park Change Orders 111.1 a1.16y:1 :Ili lyl.l * &` K. NEW BUSINESS 1. Canvass of Election Results 2. Calling for a Special Election 3. Consideration of Ballot Question - Intoxicating Liquor License Increase 4. Liquor License On -Sale Change of Manager - The Olive Garden - Gjon Prendi 5. Liquor License On -Sale Change of Manager — Noodles & Company — Matthew Hinrichs 6. Liquor Off -Sale Change of Manager — A -1 Liquor — Guneet Arneja 7. Dahl Avenue Improvements — City Project 05 -10 — Resolution Considering Dismissal of Assessment Objection Related to Property Ownership 8. Valley View Avenue Drainage Concerns — City Project 05 -36 — Consider Authorizing Storm Water Ponding Investigation and Authorize Project Funding 9. Kennard Street Improvements (Beam to County Road D) - Project 03 -04 - Resolution for Modification of Existing Landscape Contract, Change Order No. 2 10. Special Assessment Agreement and Release of Master Development Agreement: Ramsey County Library (Southlawn Drive - Legacy Village) L. VISITOR PRESENTATIONS M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS Council Meeting Date for Second Meeting in December 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 (651) 249 -2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the Cityof 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. DRAFT -- MINUTES Agenda Item D1 MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 24, 2005 Council Chambers, Municipal Building Meeting No. 05 -23 9 A CALL TO ORDER PLEDGE OF ALLEGIANCE C. ROLL CALL 0 Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF MINUTES 1. Minutes from the October 10, 2005 City Council Meeting Councilmember Koppen moved to Council Meeting as amended. Seconded by Councilmember Rossbach Ayes-All 2. Minutes from the October 17, 2005 Special City Council Meeting Councilmember Koppen moved to approve the minutes from the October 17, 2005 Special City Council Meeting. Seconded by Councilmember Juenemann Ayes-All C F. APPROVAL OF AGENDA Councilmember Koppen moved to approve the agenda as amended. M1. Mayor's Forum M2. South Leg Meeting M3. Paramedic Service M4. Paid Per Call Firefighter M5. Ramsey County League of Local Government N1. Council Appointment Seconded by Councilmember Juenemann Ayes-All APPOINTMENTS /PRESENTATIONS 1. Proclamation — World Town Planning Day a. City Manager Fursman presented the report. the minutes from the October 10. 2005 City Council Meeting 10 -24 -05 b. City Manager Fursman read the proclamation announcing November 8 as World Planning Day. 2. D and D Towing Gift to Police Department a. City Manager Fursman presented the report. b. Dean Mathisen, 2096 McKnight Road, North St. Paul, Mr. Mathisen presented the Police Department with a donation in honor of his father who passed away on October 8, 2005. G. CONSENT AGENDA Councilmember Juenemann moved to approve consent agenda items 1 -11. Seconded by Councilmember Koppen Ayes -All 1. Approval of Claims ACCOUNTS PAYABLE: $ 7,904.03 Checks # 68153 thru # 68154 dated 10/05/05 $ 673,909.31 Checks #68155 thru # 68218 dated 10/11/05 $ 759,634.25 Disbursements via debits to checking account dated 9/30/05 thru 10/06/05 $ 380.25 Checks # 68219 dated 10/13/05 $ 340,438.57 Checks # 68220 thru # 68271 dated 10/18/05 $ 284,210.83 Disbursements via debits to checking account dated 10/07/05 thru 10/13/05 $ 2,066,477.24 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated 10 -07- $ 461,592.86 05 $ 2,406.75 Payroll Deduction check # 102805 thru # 102807 dated 10 -07 -05 2 City Council Meeting 10 -24 -05 $ 463,999.61 Total Payroll $ 2,530,476.85 GRAND TOTAL 2. Conditional Use Permit Review — Sibley Cove Apartments (1996 County Road D) Moved to review the conditional use permit (CUP) for the Sibley Cove Apartments at 1996 County Road D again in June, 2006, or sooner if the owner proposes a major change to the site. 3. Conditional Use Permit Review — Hmong Alliance Church (1770 McMenemy Street) Moved to approve the conditional use permit for the St. Paul Hmong Alliance Church at 1770 McMenemy Street again in one year. 4. Increase in Records, Elections and License Department Service Charges Approved the following revisions in the Records, Elections, and License Service Charges: RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual 2004 2005 2006 Volume Fee Fee Fee Adult Use & Sexually-Oriented Business 0 $508 $515 $525 Alarm Installation Permit 20 49 50 51 Alarm System License 165 49 50 51 Amusement Park License 1 341 345 352 Auctioneer License 1 94 95 97 Bench Permit 1st Bench 1 61 62 63 Additional Benches 18 37 37 38 Business Registration License 125 0 35 36 Carnival License 3 335 339 346 Cat License - fee for two years ' 100 18 19 19 Catering Food Vehicle License 1st Vehicle 2 114 115 117 Each Additional Vehicle 1 77 78 80 Fleet 1 305 309 315 3 City Council Meeting 10 -24 -05 Christmas Tree Sales License 8 202 205 209 Cigarette and Tobacco License 65 86 87 89 Coin Op. Amusement Device Base Fee 38 200 203 207 Per Device 447 50 51 52 Contractors License 600 114 115 117 Currency Exchange License 1 313 317 323 Dog Kennels - New License 1 74 75 77 Dog Kennels - Renewal License 2 39 40 41 Dog License - Fee for two years ' 700 18 19 19 Food Establishment License 126 590 598 610 Golf Course License 4 289 293 299 Home Occupations - Renewal 5 55 56 57 Itinerant Food Establishment License 12 67 68 69 Liquor License - Investigation Fee: Investigations in state 2 Investigations out of state 8 0 500 902 500 914 500 932 Liquor License - Temporary On -Sale - Per Day 179 181 185 Motels: 1 - 15 Units 16 - 35 Units 36 - 100 Units Over 100 Units 1 2 1 2 109 148 272 313 110 150 276 317 112 153 282 323 Motor Vehicle Repair License 49 141 143 146 Nonperishable Food Vehicle License 1st Vehicle Each Additional Vehicle Fleet 2 1 1 67 40 155 68 41 157 69 42 160 Pawn Shop 1 9,140 9,260 9,260 Pending Assessment Search 170 42 43 44 Personal Service Business Premise License -New 1 635 643 656 Personal Service Business Premise License - Renewal 3 226 229 234 Personal Service Worker - City Council Meeting 10 -24 -05 Investigation Fee 1 118 120 122 Personal Service Worker - License 13 195 198 202 Potentially Haz. Food Vehicle Licensing 1st Vehicle 3 160 162 165 Each Additional Vehicle Fleet 1 1 77 456 78 462 80 471 Second Hand Dealer License 4 321 325 332 Service Station License 1st Pump Each Additional Pump 17 101 161 14 163 14 166 14 Sewer Connection Permit 145 83 84 86 Solicitor License Base Charge Each Solicitor 2 2 151 52 153 53 156 54 Special Food Handling Establishment 35 90 91 93 Swimming Pool License - Commercial Indoor Outdoor Combined 10 22 2 104 104 141 105 105 143 107 107 146 Tavern License 1 51 52 53 Taxicab License Base Charge Each Driver 1 1 71 53 24 72 54 24 73 55 24 Temporary Food and Beer License 31 47 48 49 Temporary Gambling Permit - Per Day 3 50 51 52 Theater License - Indoor 14 204 207 211 Theater License - Outdoor 0 500 507 517 Trailer Rental License 1st Five Trailers Each Additional License 3 40 13 41 13 42 13 Used Car Dealer License 11 292 296 302 5. 2005 Budget Adjustments for Debt Service and Capital Project Funds Approved the 2005 Budget Adjustments for Debt Service and Capital Project Funds. City Council Meeting 10 -24 -05 6. Traffic Control Signal Agreement 88640M for TH 61 at Arcade Street and Roselawn Avenue — Park Entrance Adopted the following resolution approving Traffic Control Signal Agreement No. 88640M between the Minnesota Department of Transportation and the City of Maplewood: RESOLUTION 05 -10 -156 BE IT RESOLVED that the City of Maplewood enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance and operation of the existing traffic control signal with Street Lights, Interconnect and Signing on Trunk Highway 61 at Arcade Street /Roselawn Avenue -Park Entrance in accordance with the terms and conditions set forth and contained in Agreement No. 88640M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. MINNESOTA TRANSPORTATION DEPARTMENT TRAFFIC CONTROL SIGNAL AGREEMENT NO. 88640M BETWEEN THE STATE OF MINNESOTA, DEPARTMENT OF TRANSPORTATION AND THE CITY OF MAPLEWOOD FOR Maintenance and Operation of the existing Traffic Control Signal with Street lights, Interconnect and Signing on Trunk Highway 61 at Arcade Street /Roselawn Avenue -Park Entrance, in Maplewood, Ramsey County, Minnesota. C.S. 6222 Prepared by Metropolitan District Traffic Engineering ESTIMATED AMOUNT RECEIVABLE None PARTIES AMOUNT ENCUMBERED None Otherwise Covered City Council Meeting 10 -24 -05 THIS AGREEMENT is entered into by the Minnesota Department of Transportation, (State), and the City of Maplewood, (City). RECITALS Minnesota Statutes Section 161.20 authorizes the Commissioner of Transportation to enter into agreements with any governmental authority for the purposes of constructing, maintaining and improving the Trunk Highway system. The Ramsey County Public Works Department has turned back the road formerly known as County State Aid Highway No. 60 (Arcade Street) /Roselawn Avenue -Park Entrance to the City. This road is currently known as Arcade Street/Roselawn Avenue -Park Entrance. The parties desire to provide the maintenance and operation for the existing traffic control signal, including street lights, interconnect and signing (Traffic Control Signal), on Trunk Highway 61 at Arcade Street/ Roselawn Avenue -Park Entrance. Due to Ramsey County no longer having jurisdiction over any legs of this intersection, Ramsey County will no longer perform the minor maintenance or pay for the monthly electrical power for the existing Traffic Control Signal, at the location provided for above. The City and the State will participate in the maintenance and operation of the existing Traffic Control Signal. CONTRACT 1. The responsibility for the existing Traffic Control Signal is as follows: a) the City will, at its cost and expense: (1) relamp the existing traffic control signal; (2) clean and paint the existing traffic control signal, cabinet and luminaire mast arm extensions; (3) maintain the luminaires and all their components, including replacement of the luminaire if necessary; and (4) relamp the street lights; and b) The State will, at its cost and expense, maintain the signing and interconnect and perform all other existing traffic control signal and street light maintenance. 2. The City will, at its cost and expense, pay all monthly electrical service expenses necessary to operate the existing Traffic Control Signal. 3. Each party will be solely responsible for its own acts and omissions, and the results thereof, to the extent authorized by law. The State's liability is governed by the Minnesota Tort Claims Act, Minnesota Statutes Section 3.736. The City's liability is governed by Minnesota Statutes Chapter 466 and other applicable law. Each party will be solely responsible for its own employees for any Workers Compensation Claims. 4. All timing of the existing Traffic Control Signal will be determined by the State, and no changes may be made except with the approval of the State. 5. Upon execution and approval by the City and the State, this agreement will supersede and terminate the maintenance and operation terms in Agreement No. 77076, Dated July 14, 1998, regarding the intersection of Trunk Highway 61 at County State Aid Highway No. 60 ( Arcade Street)/ Roselawn Avenue Park Entrance, between Ramsey County, Maplewood, and the State. 6. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 7. If any party fails to enforce any provisions of this Agreement, that failure does not waive the provision or its right to enforce it. 8. This Agreement contains all negotiations and agreements between the parties. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 9. Minnesota law governs this contract. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. City Council Meeting 10 -24 -05 10. This Agreement is effective on the date the State obtains all required signatures under Minnesota Statutes 16C.05, Subdivision 2, and will remain in effect until terminated by written agreement of the parties. Currency Exchange License Renewal — Cashway Checking — 3035 White Bear Avenue Approved the annual renewal license for Cashway Checking. Temporary Gambling Resolution — Presentation of the Blessed Virgin Mary Adopted the following resolution approving the temporary gambling resolution for the Presentation of the Blessed Virgin Mary, 1725 Kennard Street, Maplewood, MN: RESOLUTION 05 -10 -157 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, 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. IT Budget Transfer Approved the Finance Director to make the appropriate budget adjustments for 2005 by moving $45,000 from the IT Fund Reserves. 10. Legacy Village Release of Obligation Adopted the following Release of Obligations Under Master Development Agreement: CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RELEASE OF OBLIGATIONS UNDER MASTER DEVELOPMENT AGREEMENT KENNARD PROFESSIONAL BUILDING, LLC I. Recital. 1.1 The Effective Date of this Agreement is , 2005. 1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ( "City "), Legacy Holdings -MW LLC, a Minnesota limited liability company ( "Master Developer ") and Kennard Professional Building, LLC, a Minnesota limited liability company ( "Successor Developer "). City Council Meeting 10 -24 -05 1.3 City and Master Developer are parties to a Master Development Agreement with an effective date of September 8, 2003, recorded November 21, 2003 as Document No. 3704070 in the Office of the Ramsey County Recorder and recorded November 21, 2003 as Document No. 1791278 in the Office of the Ramsey County Registrar of Titles, as amended by First Amendment to Development Agreement with an effective date of February 9, 2004 and as amended by a Second Amendment to Development Agreement with an effective date of April 26, 2005 ( "Master Development Agreement "). 1.4 Various real estate parcels are subject to the Master Development Agreement and Successor Developer has entered into an Agreement with Master Developer to purchase one of the parcels subject to the Master Development Agreement for the purpose of developing a corporate /commercial facility (the "Kennard Development "). Such parcel is referred to as the western part of "Phase 7 — Outlot G" in the Master Development Agreement but is now legally described as: That part of Lot 2, Block 2, LEGACY VILLAGE OF MAPLEWOOD, according to the recorded plat thereof, lying westerly of a line described as follows: Commencing at the northeast corner of said Lot 2; thence South 89 degrees 46 minutes 12 seconds West, along north line of said Lot 2, a distance of 594.65 feetto the beginning of the line to be described; thence South 0 degrees 14 minutes 51 seconds East a distance of 357.70 feetto the south line of said Lot 2, and said line there terminating. 1.5 In connection with the acquisition of the Subject Parcel, Successor Developer has requested that the Subject Parcel and the Successor Developer be released from the terms and conditions of the Master Developer Agreement pursuant to Section 9.2(c) of the Master Development Agreement and Master Developer has requested to be released from the terms and conditions of the Master Development Agreement as to the Subject Parcel pursuant to Section 9.3 of the Master Development Agreement. 1.6 City has approved the Subject Parcel for use consistent with the proposed Kennard Development, on that basis, City is willing to release both the Successor Developer and Master Developer from the terms and conditions of the Master Development Agreement subject to Master Developer's acknowledgement of its obligations under Section 6.2 of the Master Development Agreementto pay a part of the special assessments attributable to the Subject Parcel as set forth on Exhibit F to the Master Development Agreement and its continuing obligations as to other parcels that remain subjectto the Master Development Agreement. 1.7 THEREFORE, IT IS AGREED AS FOLLOWS: II. Agreement. 2.1 Because City has approved the Kennard Development as set forth above, City agrees that: (a) The Subject Parcel is released from the Master Development Agreement and therefore the Master Development Agreement no longer encumbers the Subject Parcel. (b) Successor Developer has no liability or obligations under the Master Development Agreement; provided however, this Agreement does not release the Successor Developer from its obligations to timely pay City fees and charges due in the ordinary course of development and building construction. 2.2 Successor Developer will commence and complete the Kennard Development as approved by the City. 2.3 From and after the effective date set forth above, Master Developer is released from its obligations under the Master Development Agreement as to the Subject Parcel subject to the following: City Council Meeting 10 -24 -05 (a) Master Developer will comply with the terms of Section 6.2 of the Master Development Agreement in connection with the payment of special assessments attributable to the Subject Parcel; and (b) Master Developer remains liable under the Master Development Agreement as to all other parcels subject to the Master Development Agreement that are not released hereby or previously released. This document drafted by: Briggs and Morgan, P.A. (DJC) W2200 First National Bank Bldg. 332 Minnesota Street St. Paul, MN 55101 11. Legacy Village Assessments Adopted the following Special Assessment Escrow Agreement: See attachment A H. PUBLIC HEARINGS 7:00 p.m. Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10: a. Assessment Hearing b. Approve Resolution for Adoption of Assessment Roll a. City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. C. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: William Kayser, 6408 81 "Avenue North, Brooklyn Park d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution adopting the assessment roll for the Dahl Avenue Street and Utility Improvements for Woodhill Development: RESOLUTION 05 -10 -158 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on October 24` 2005, calling for a Public Hearing, the assessment roll for the Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, no property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: No property owners have filed objections as of October 17, 2005. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: City Council Meeting 10 -24 -05 10 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on November 14` 2005, as to their recommendations for adjustments. 2. The assessment roll for the Dahl Avenue Street and Utility Improvements for Woodhill Development as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 23 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 23 2005, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county no later than November 24` 2005. Such assessments shall be collected and paid over the same manner as other municipal taxes. RESOLUTION 05 -10 -159 BE IT RESOLVED that the City of Maplewood enter into an agreement with the State of Minnesota, Department of Transportation for the following purposes, to wit: For maintenance and operation of the existing traffic control signal with Street Lights, Interconnect and Signing on Trunk Highway 61 at Arcade Street/Roselawn Avenue- Park Entrance in accordance with the terms and conditions set forth and contained in Agreement No. 88640M, a copy of which was before the Council. BE IT FURTHER RESOLVED that the proper City officers be and hereby are authorized to execute such agreement and any amendments, and thereby assume for and on behalf of the City all of the contractual obligations contained therein. Seconded by Councilmember Rossbach Ayes -All AWARD OF BIDS None UNFINISHED BUSINESS Second Reading Special Election Ordinance City Council Meeting 10 -24 -05 11 City Manager Fursman presented the report. City Clerk Guilfoile presented specifics from the report. Councilmember Koppen moved to adopt the following second reading of the Special Election Ordinance No. 866: ORDINANCE 866 Filling a Council Vacancy A. The council shall appoint an eligible person to fill a vacancy on the city council as soon as is practicable after the vacancy occurs. The person appointed shall serve for the unexpired portion of the term unless a special election is required hereunder or by state law. B. Special Election — In the event a vacancy is declared pursuant to state law, the city council shall by resolution declare such a vacancy to exist. If the unexpired term is for a period of six months or less, the council shall appoint an eligible person to serve for the remainder of the unexpired term. In the event the unexpired term is greater than six months, the council shall hold a special election to fill the unexpired term. The special election shall be held as soon as the vacancy is declared as is practical under state law, no special primary election shall occur in cases of special elections held pursuant to this section. The ordinance will be published on November 2n in the official newspaper and will then be in effect. K. NEW BUSINESS 1. Ramsey County Public Library (3025 Southlawn Drive) a. Land Use Plan Change (BC (business commercial) to L (Library)) (3 votes) b. Conditional Use Permit for Planned Unit Development (PUD) Revision a. City Manager Fursman presented the report. b. Assistant City Manager Coleman presented specifics of the report. C. City Attorney Kelly informed the council that the land use plan change requires a super majority vote. With the one vacant council seat, that would mean 3 votes are needed for approval. d. Commissioner Fischer representing the Planning Commission Report. e. The following persons were heard: Susan Niemitz, Director Ramsey County Library Tim Karle, HDA Architects Jason Thomas, representing the Hartford Group Councilmember Rossbach moved to adopt the resolution approving a comprehensive land use plan amendment from BC (business commercial) to L (library) for the proposed Ramsey County Library to locate within Legacy Village along Southlawn Drive. Approval is based on the following reasons: LAND USE PLAN CHANGE RESOLUTION 05 -10 -160 WHEREAS, the Hartford Group applied for a change to the City's land use plan from BC (business commercial) to L (library) for the construction of a library for Ramsey County. City Council Meeting 10 -24 -05 12 WHEREAS, this change applies to the property located at the southwest corner of Legacy Parkway and Southlawn Drive. The legal description is: Lots 1 and 2, Block 4, Legacy Village of Maplewood WHEREAS, the history of this change is as follows: On October 3, 2005, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. On October 24, 2005, the city council discussed the land use plan change. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above described change for the following reasons: Libraries are desired and beneficial facilities in both residential and commercial areas. The proposed library would not negatively affect the approved tax - abatement financing plan for Legacy Village. Seconded by Councilmember Koppen Ayes -All Councilmember Rossbach moved to adopt the following resolution approving a PUD (planned unit development) revision for Legacy Village to allow the proposed Ramsey County Library on Southlawn Drive south of Legacy Parkway. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION 05 -10 -161 WHEREAS, the Hartford Group applied for a conditional use permit revision to amend the PUD (planned unit development) for Legacy Village for the construction of a proposed Ramsey County library. WHEREAS, this permit applies to the property at the southwest corner of Legacy Parkway and Southlawn Drive. The legal description is: Lots 1 and 2, Block 4, Legacy Village of Maplewood WHEREAS, the history of this conditional use permit is as follows: On October 3, 2005, the planning commission recommended that the city council approve this permit. The planning commission held a public hearing. City staff published a notice in the paper and sent notices to the surrounding property owners as required by law. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission considered the recommendations of city staff and the public. 2. The city council reviewed this request on October 24, 2005 and considered the recommendations of the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described conditional use permit because: City Council Meeting 10 -24 -05 13 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. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1. Compliance with the following PUD revisions: 6) Library Sernmersial Site (Outlot D): a. This T he ^^n^•^'^' site is planned in concept only within the PUD and will come in for design review and approval at a later date, but the use is allowed as long as the provisions of the BC zoning district and conditions outlined here are met; b. The library ^^^ of t he ``UildiRg^ An t he GArnmerGial site should be sited close to the corner of Southlawn Drive and Legacy Parkway, within 30' of the C^, t h l awn ^•'� ' -P. right -of -way or as close as practicable c. Allowed signage should only be wall signage or ground- mounted monument signs no more than 12' in height; d. The architectural character and exterior building materials must be in keeping with the nearby senior assisted living building, townhomes and other buildings if present; e. Access to the site will be off Legacy Parkway and onto Southlawn if approved by the city engineer; j_ All ground- mounted and roof - mounted mechanical equipment will be completely screened from eye -level view of adjacent streets and adjacent properties, including the park and trail around the ponding area to the west; City Council Meeting 10 -24 -05 14 h. There must be sidewalks connecting entries to a b ildiRg° ^^ °'+^ *^ Legacy Parkway, Southlawn Drive and the path around the pond to the west. an d 4^ „4 ^4 E . E. SuGh siQev.�P;.ks must be separat th pa rki Rg 'At at Gurh'Pvel ^^' ^^•k'^^ let level; The developer must enter into a development agreement with the city to dedicate a trail along the south side of the property to connect the existing park trail to a future sidewalk along Southlawn Drive. The developer must construct these trails and sidewalks, and any others deemed necessary by the city engineer. Uses on the site are encouraged to take advantage of the park and trail system around the ponding area to the west by providing outdoor seating, plazas, overlooks or similar features; L Overstory trees must be planted along the north side of Legacy Parkway and the west side of Southlawn Drive an average of 30' -40' on center. City Council Meeting 10 -24 -05 15 2. The developer shall comply with the requirements of the city's wetland - protection ordinance. 3. All construction shall follow the site plan (review pending) approved by the city. The director of community development may approve minor changes. 4. The proposed construction shall 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. 5. The city council shall review this permit in one year. 6. If the proposed library has any impact on the terms of the development agreement for Legacy Village, the applicant or county shall pay for any costs associated with the library proposal. Seconded by Councilmember Koppen Ayes -All No Parking Zones — Twin Cities Hmong Alliance Church (1234 County Road B (at Atlantic Street)) City Manager Fursman presented the report. Assistant City Manager Coleman presented specifics from the report. Dr. Steven Mouacheupao, 2717 Longview Drive, North St. Paul Police Chief Lukin expressed his fire safety concerns. Mayor Cardinal moved to table the item until the November 28` City Council Meeting until the Church Pastor returns from out of the country. Seconded by Councilmember Rossbach Ayes -Mayor Cardinal, Councilmembers Koppen and Rossbach Nay - Councilmember Juenemann The following persons were heard: Gerry Markie, 1247 Leland Road, Maplewood Rebecca Groveland, Duluth Street, Maplewood AN Her— no address stated David Bartol, 1249 Frisbee, Maplewood Cher Chou Mor, Assistant Pastor of Hmong Alliance Church Metro Transit Park and Ride Facility — City Project 05 -32 — Resolution Requesting Traffic Study at County Road B /Rice Street and Improvements to Rice Street/TH 36 Bridge City Manager Fursman presented the report City Engineer AN presented the specifics of the report Councilmember Rossbach moved to adopt the following resolution requesting a traffic study by Metro Transit at the Rice Street /County Road B intersection prior to site approvals for the park and Ride Facility at this intersection and a petition to our local legislative leaders to expedite the improvements to the Rice Street Bridge over TH 36: RESOLUTION 05 -10 -162 REQUESTING TRAFFIC STUDY AND INTERCHANGE IMPROVEMENTS COUNTY ROAD B /RICE STREET /TH 36 WHEREAS, traffic flow at the intersection of County Road B and Rice Street is impeded by the configuration of the Rice Street Bridge over Highway 36 and the number of intersections in close proximity to the bridge, and City Council Meeting 10 -24 -05 16 WHEREAS, business in this area including St. Jude Medical, Inc., Joe's Sporting Goods, and Cub Foods generate substantial traffic flows on County Road B, and WHEREAS, most traffic utilizing the aforementioned businesses are impacted by the impediments at Rice and County Road B, and WHEREAS, Metro Transit is contemplating the creation of a park and ride lot on the Northeast corner of the intersection of County Road B and Rice Street, and WHEREAS, the park and ride lot will accommodate over 400 vehicles in addition to the bus traffic that will serve this site, and WHEREAS, the vast majority of these vehicles will further exacerbate the existing problems at the County Road B and Rice Street intersection, and WHEREAS, it is believed that further conflicts at the County Road B and Rice Street intersection will have negative impacts on existing businesses in this area, and WHEREAS, the business community in this area is valuable to Maplewood, Ramsey County, and the State of Minnesota due to its creation of quality jobs and the importance of the products it produces, and WHEREAS, future expansion of these businesses will be jeopardized if employees and customers are negatively impacted by poor traffic flow at the intersection of County Road B and Rice Street, NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Maplewood that: Metro Transit conduct a traffic study on the intersection of County Road B and Rice Street that documents existing traffic impediments, measures the impact of the proposed park and ride lot, and factors in any growth of existing business whose traffic flow utilizes this intersection prior to any consideration of the project by the Maplewood City Council or the award of any contracts by Metro Transit. 2. The Maplewood City Council, Metro Transit, the area businesses, our local senators and representatives and Ramsey County hereby petition the Minnesota Department of Transportation and Governor Pawlenty for funding to reconstruct the Rice Street Bridge over Highway 36 as soon as possible to resolve the existing traffic problems at the intersection of County Road B and Rice Street to enable the construction of a new park and ride lot to serve the area's transit needs as well as making it feasible for existing properties and businesses to continue expanding in Maplewood and Little Canada. Seconded by Council member Juenemann Ayes -All Public Works Building Expansion — City Project 03 -19 — Approve Proposal Request AS No. 8 and Authorize Budget Transfer City Manager Fursman presented the report. City Engineer AN presented the specifics of the report Councilmember Koppen moved to approve the Proposal Request No. 8 from Jorgenson Construction, Inc. for the Public Works Building Expansion in the amount of $8,857 and authorized the Finance Director to transfer the same amount from the Fleet Management Fund to the Public Works Building Expansion Fund. City Council Meeting 10 -24 -05 17 Seconded by Councilmember Juenemann Ayes -Mayor Cardinal, Councilmembers Juenemann and Koppen Nay - Councilmember Rossbach Staff Changes for Building Inspections —Approve Addition of Two Positions (Apprentice Building Inspector and Civil Engineer 1) and Authorize Budget Revisions for 2005/2006 City Manager Fursman presented the report. David Fischer presented specifics from the report Assistant City Engineer AN and Assistant City Manager Coleman answered questions from council. Councilmember Juenemann moved the following staff recommendation to approve the addition of two staff position additions: A. Approve the addition of a full -time apprentice building inspector position as a two -year position as of November 14, 2005. The city will review the need for this position based on the volume of work (quantity of inspections) and the supporting revenue at the end of 2006 and 2007 and after each apprentice building inspector leaves the city. B. Approve the addition of a second full -time Civil Engineer I position as a two -year position as of November 14, 2005. This position will be budgeted 75% to the engineering division (general fund) and 25% to the environmental utility fund. The position will be reviewed with building inspection and engineering revenue numbers at the end of 2006 and again at the end of 2007 to insure a positive budget impact occurs. C. Approve the following budget changes for these positions: 1. Transfer $6,830 from the 2005 General Fund Contingency Reserve into the Building Inspections program budget to cover the cost of this position for the remainder of 2005. 2. Add $55,360 to the Building Inspections program budget for 2006. ($51,880 is needed for the position and $3,480 to maintain an additional vehicle). 3. Add $8,730 to the Engineering program budget for 2006, by adding $39,448 to Engineering Expenditures and $30,718 to Engineering Revenue. 4. Add $18,030 in Employee Services to the Storm Sewer program (Environmental Utility) budget for 2006. Seconded by Mayor Cardinal Ayes-All Strategic Team Development City Manager Fursman presented the report and specifics of the report. Councilmember Rossbach moved to approve the transfer of $6,900 from the contingency fund to the executive department for the purposed strategic development function. Seconded by Councilmember Juenemann Ayes—All City Council Meeting 10 -24 -05 18 L. VISITOR PRESENTATIONS None M. COUNCIL PRESENTATIONS Mayor's Forum -A Mayor's Forum will not be held in November. South Leg Meeting -The next meeting will be held on November 10` at Fire Station #4 with the topic being Development in Maplewood. Paramedic Service- Deputy Police Chief Banick clarified that all newly hired police offices are required to attend paramedic training as a condition of their employment. Paid per Call Firefighters -Fire Chief Lukin stated the paid per call fire fighters are city employees, the Fire Fighters Relief Association are not. Ramsey County League of Local Government -The next meeting is Thursday, October 27` with the topic being Communication between School Districts and Cities. The meeting will start at 7:00 p.m. will be held at the White Bear School District Service Center. N. ADMINISTRATIVE PRESENTATIONS Council Appointment -The council completed the interview process and have narrowed down the candidates from 9 to 1. David Bartol was voted as the number one candidate after Mayor Cardinal broke a three way tie of the applicants. The temporary appointment will be officially appointed on November 14` 2005. O. ADJOURNMENT Councilmember Juenemann moved to adjourn at 9:40 p.m. Seconded by Councilmember Koppen Ayes -All City Council Meeting 10 -24 -05 19 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: November 14, 2005 AGENDA NO. G -1 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. ACCOUNTSPAYABLE S 30,211.36 Checks # 68272 thru # 68274 dated 10/19/05 thru 10 /20/05 S 138,163.48 Checks # 68275 thru # 68327 dated 10 /25/05 S 120,754.99 Disbursements via debits to checking account dated 10/14/05 thru 10/21/05 S 116,720.00 Checks # 68328 thru # 68329 dated 10/24/05 thru 10/27/05 S 1,137,207.77 Checks # 68330 thru #68387 dated 11101105 S 305,477.38 Disbursements via debits to checking account dated 10/21/05 thru 10/27/05 S 59.35 EFT # 68388 thru # 68389 dated 11/08/05 S 501,431.23 Checks # 68390 thru # 68444 dated 11/04/05 thru 11/08/05 S 123,680.44 Disbursements via debits to checking account dated 11/28 /05 thru 11/03/05 S 2,473,706.00 Total Accounts Payable PAYROLL S 554,101.37 Payroll Checks and Direct Deposits dated 10 /21/05 S 2,406.75 Payroll Deduction check # 102987 thm # 102989 dated 10/21/05 S 450,954.73 Payroll Checks and Direct Deposits dated 11/04/05 S 2,406.75 Payroll Deduction check # 103109 thm # 1031 It dated 11/04/05 S 1,009,869.60 Total Payroll S 3,483,575.60 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file attachments P'. \EXCELWPRCLM51200S05 AprClms 10 21 , 10 28 and 11 -04 vchlist Check Register Page: 1 10/21/2005 CITY OF MAPLEWOOD Check Date Vendor Description /Account Amount 68272 10/19/2005 03462 NELSON DODGE -GMC 2006 GMC YUKON 1500 28,811.36 68273 10/20/2005 03240 BARTZ, PAUL POLICE OFFICER FOR MCC 10/20 120.00 68274 10/20/2005 03521 G ALEXANDER KOLAND ARTIST FOR MCC SHOW 10/20 1,280.00 68275 10/25/2005 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 9/24- 947.70 68276 10/25/2005 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 117.60 68277 10/25/2005 00096 BP/AMOCO OIL COMPANY FUEL 268.84 68278 10/25/2005 03486 BUBERL BLACK DIRT INC BLACK DIRT 15.98 68279 10/25/2005 03508 COLBURN CARPENTRY INC REF GRADING ESC - 2446 KING 500.00 68280 10/25/2005 03281 CORBETT, CAITLIN HAZELWOOD PARK LIGHT 640.00 68281 10/25/2005 03522 CYLKOWSKI, GREG YOUTH SOCCER REFEREE 75.00 68282 10/25/2005 03523 CYLKOWSKI, LANCE YOUTH SOCCER REFEREE 50.00 68283 10/25/2005 00363 DLT SOLUTIONS, INC. AUTODESK CONTRACT RENEWAL 4,496.00 68284 10/25/2005 02743 DOBLAR, RICHARD REIMB FOR MEAL 10 -3 8.00 68285 10/25/2005 01973 ERICKSON OIL PRODUCTS INC CAR WASHES - SEP 64.00 68286 10/25/2005 00003 ESCROW REFUND REF KIRSTIN JACOBSON - 500.00 68287 10/25/2005 00003 ESCROW REFUND REF SHARON SANDEEN - 200.00 68288 10/25/2005 03365 FRANZEN, NICK REIMB INTERNET & MILEAGE 6/24- 188.78 68289 10/25/2005 01852 GUARANTEED CLEAN MAINTENANCE FLOOR STRIPPING & CARPET 289.68 68290 10/25/2005 00652 HEINZ, STEVE REIMB MEALS & LODGING 10/10- 229.67 68291 10/25/2005 03524 HUBIG, STEPHEN YOUTH SOCCER REFEREE 11.00 68292 10/25/2005 00748 JAGOE, CAROL REIMB FOR MILEAGE 10/12 14.75 68293 10/25/2005 00788 KARTS, FLINT REIMB FOR MEALS 10/3 -10/5 23.50 68294 10/25/2005 00857 LEAGUE OF MINNESOTA CITIES CONFERENCE REGISTRATION 600.00 68295 10/25/2005 02248 LINN, BRYAN REIMB FOR UNIFORM 8/18 119.96 68296 10/25/2005 03525 LUBKE, DON YOUTH SOCCER REFEREE 60.00 68297 10/25/2005 02336 M A TAYLOR INC FITNESS PROGRAM CONSULTANT 1,735.00 68298 10/25/2005 00945 MASYS CORP STRATUS SOFTWARE MAI NT - 738.68 68299 10/25/2005 00986 METROPOLITAN COUNCIL MONTHLY SAC - SEP 90,436.50 68300 10/25/2005 01035 MN CHAPTER IAAI TRAINING 12/6 -12/8 250.00 68301 10/25/2005 01126 MN NCPERS LIFE INSURANCE PERA LIFE INSURANCE 300.00 68302 10/25/2005 01175 NORTH ST PAUL, CITY OF ELECTRIC & SEWER 2,658.01 68303 10/25/2005 02300 OAKDALE LOCKSMITHS EMERGENCY MGMT KEYS 477.12 68304 10/25/2005 00001 ONE TIME VENDOR REIMB JEFF JELINEK - DRIVEWAY 1,946.00 68305 10/25/2005 00001 ONE TIME VENDOR REIMB JUDY WIDHOLM - 207.09 68306 10/25/2005 00001 ONE TIME VENDOR REIMB STEPHEN SHARP - 125.00 68307 10/25/2005 00001 ONE TIME VENDOR REF JODY CUSHMAN - PRMT# 05- 115.50 68308 10/25/2005 00001 ONE TIME VENDOR REF MULKI ABDI -AMB 04001254 90.00 68309 10/25/2005 00001 ONE TIME VENDOR REF MICHELLE NEPHEW - 59.50 68310 10/25/2005 03373 OWENS, THOMAS REF GRADING ESC - 575 RIPLEY 566.71 68311 10/25/2005 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 364.55 68312 10/25/2005 03151 PETTY CASH REPLENISH PETTY CASH 131.34 68313 10/25/2005 01269 PIPE SERVICES CORP SANITARY SEWER INSP 3,997.50 68314 10/25/2005 00396 PUBLIC SAFETY, DEPT OF TRANSFER TITLE CN 05011362 17.50 68315 10/25/2005 01331 RABBETT, KEVIN REIMB MEAL FOR CITIZEN PATROL 29.50 68316 10/25/2005 01344 RAMSEY COUNTY PARKS & REC. DEER PROCESSING FOR FOOD 1,000.00 68317 10/25/2005 01359 REGAL AUTO WASH DETAIL XX CAR WASHES - SEP 59.52 68318 10/25/2005 01360 REINHART FOODSERVICE MERCH FOR RESALE & PANCAKE 364.44 PANCAKE BREAKFAST 69.01 68319 10/25/2005 01504 ST PAUL, CITY OF RADIO SERV & MAINT - SEP 1,459.90 CRIME LAB SRVS - SEP 580.00 2 vchlist Check Register Page: 2 10/21/2005 10:43:38 AM CITY OF MAPLEWOOD Check Date 68320 10/25/2005 02919 TSCHIDA, CHRIS 68321 10/25/2005 01580 TSE, INC. 68322 10/25/2005 01734 WALSH, WILLIAM P. 68323 10/25/2005 01750 WATSON CO INC, THE 68324 10/25/2005 01757 WELCHLIN, CABOT 68325 10/25/2005 02605 WESTBERG, RICK 68326 10/25/2005 03526 WILLIAM SCHOENROCK & SON INC 68327 10/25/2005 01190 XCEL ENERGY 56 Checks in this report Description /Account Amount COORDINATE SOCCER REFEREES 1,000.00 GROUNDSKEEPING SRVS 7/10 - 2,810.21 GROUNDSKEEPING SRVS 8/22 - 861.53 COMMERCIAL PLUMBING INSP 591.68 MERCH FOR RESALE 157.40 REIMB FOR TUITION & BOOKS 589.16 REF GRADING ESC - 2574 2,528.42 SAND BLASTING PUMP 68.00 ELECTRIC UTILITY 12,358.25 Total checks: 168,374.84 3 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 10/13/05 10/14/05 MN State Treasurer 10/11/05 10/14/05 MN Dept of Revenue 10/14/05 10/17/05 MN State Treasurer 10/14/05 10/17/05 MN Dept of Natural Resources 10/17/05 10/18/05 MN State Treasurer 10/18/05 10/19/05 MN State Treasurer 10/11/05 10/19/05 MN Dept of Revenue 10/14/05 10/19/05 US Bank VISA One Card* 10/19/05 10/20/05 MN State Treasurer 10/14/05 10/20/05 Elan Financial Services* TOTAL Description Drivers License /Deputy Registrar MN Care Tax Drivers License /Deputy Registrar DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Sales Tax Purchasing card items Drivers License /Deputy Registrar Purchasing card items *Detailed listing of VISA purchases is attached. Amount 10, 908.10 4,161.04 9,286.25 548.50 15,132.70 12, 539.13 7,329.00 37,707.90 8,367.46 14,774.91 120,754.99 53 LTA 69_T0TmT-XikTr*00Ti1 US o i1;3DID]FjKll&li[67AEFi ll&l Posting Date Merchant Name Trans Amount Name 2005/10/03 ORIENTAL TRADING CO 76.40 MANDY ANZALDI 2005/10/03 CUB FOODS, INC. 15.41 MANDY ANZALDI 2005/10/05 VALU THRIFT STORE 32.91 MANDY ANZALDI 2005/10/10 FACTORY CARD OUTLET #284 19.33 MANDY ANZALDI 2005/10/12 ORIENTAL TRADING CO 64.40 MANDY ANZALDI 2005/10/06 PERFORMANCE TRANSM1 1,676.45 JOHN BANICK 2005/10/14 UNIFORMS UNLIMITED INC 76.00 JOHN BANICK 2005/10/14 NARDINI FIRE EQUIPMENT 98.00 JOHN BANICK 2005/10/03 CRAMER BLDG SERVICES INC 781.11 JIM BEHAN 2005/10/03 DEY DISTRIBUTING, INC. 229.26 JIM BEHAN 2005/10/03 METRO MECHANICAL 01 OF 01 675.00 JIM BEHAN 2005/10/03 METRO MECHANICAL 01 OF 01 697.99 JIM BEHAN 2005/10/05 DAVIS LOCK & SAFE 25.56 JIM BEHAN 2005/10/12 VERIZON WRLS 12KW 45.30 JIM BEHAN 2005/10/06 TWIN CITIES MAGIC & COSTU 12.83 OAKLEY BIESANZ 2005/10/13 KNOWLANS #2 2.99 OAKLEY BIESANZ 2005/10/06 MILLS FLEET FARM #27 13.96 ROGER BREHEIM 2005/10/06 MENARDS 3059 10.18 ROGER BREHEIM 2005/10/13 BEST BUY 00000109 80.39 ROGER BREHEIM 2005/10/14 CUB FOODS, INC. 23.99 ROGER BREHEIM 2005/10/06 ATLAS AUTO PARTS (50.00) TROY BRINK 2005/10/06 ATLAS AUTO PARTS 50.00 TROY BRINK 2005/10/14 JERRY'S UPHOLSTERY 200.00 TROY BRINK 2005/10/07 DGI *DYNAMIC GRAPHICS 79.00 HEIDI CAREY 2005/10/12 OFFICE MAX 00002204 33.17 HEIDI CAREY 2005/10/12 FEDEX KINKO'S #0617 138.02 HEIDI CAREY 2005/10/12 NAMEBANK 138.55 HEIDI CAREY 2005/10/04 WMS *WASTE MGMT WMEZPAY 857.14 LINDA CROSSON 2005/10/03 BERGMANN'S GREENHOUSES 36.00 ROBERTA DARST 2005/10/03 COUNTRY SUN FARM & GREENH 11.50 ROBERTA DARST 2005/10/10 VIDEO SERVICES OF AMERICA 100.86 ROBERTA DARST 2005/10/12 SENSIBLE LAND USE COAL 30.00 ROBERTA DARST 2005/10/05 FAMOUS DAVE'S #2006 8.00 RICHARD DOBLAR 2005/10/06 THE HOME DEPOT 2801 97.94 LARRY FARR 2005/10/06 THE HOME DEPOT 2801 229.71 LARRY FARR 2005/10/06 GOLDEN VALLEY SUPPLY CO 46.22 LARRY FARR 2005/10/14 TARGET 00011858 13.99 SHANN FINWALL 2005/10/03 COURTYARD BY MARRIOTT -DET 14.67 DAVID FISHER 2005/10/03 ZOOM CAFE 9.89 DAVID FISHER 2005/10/03 ZOOM CAFE 5.50 DAVID FISHER 2005/10/04 SWEET WATER TAVERN 7.95 DAVID FISHER 2005/10/03 ANCHOR BAR 7.50 DAVID FISHER 2005/10/04 COURTYARD BY MARRIOTT -DET 1,352.40 DAVID FISHER 2005/10/05 WMS *WASTE MGMT WMEZPAY 350.33 DAVID FISHER 2005/10/05 WMS *WASTE MGMT WMEZPAY 350.33 DAVID FISHER 2005/10/10 G & K SERVICES 006 238.83 DAVID FISHER 2005/10/13 DEEP ROCK WATER 106.34 DAVID FISHER 2005/10/13 DEEP ROCK WATER 83.27 DAVID FISHER 2005/10/11 VIDEOTRONIX INC 163.13 MYCHAL FOWLDS 2005/10/14 GOLDCOM INC 66.22 MYCHAL FOWLDS 2005/10/03 INSIGHT PUBLIC SECTOR (51.73) NICK FRANZEN 2005/10/03 INSIGHT PUBLIC SECTOR 375.47 NICK FRANZEN 2005/10/10 APPLE COMPUTER 31.94 NICK FRANZEN 5 Posting Date Merchant Name Trans Amount Name 2005/10/10 BROCKWHITE -180 106.50 VIRGINIAGAYNOR 2005/10/12 MILLS FLEET FARM #14 138.39 VIRGINIAGAYNOR 2005/10/13 HENRIKSEN ACE HARDWARE 14.14 VIRGINIAGAYNOR 2005/10/14 THE HOME DEPOT 2801 112.05 VIRGINIAGAYNOR 2005/10/06 INTL ASSOC OF FIRE CHIEFS 170.00 CLARENCE GERVAIS 2005/10/14 CREATIVE PROMOTIONS INTER 1,183.58 CLARENCE GERVAIS 2005/10/12 FEDEX KINKO'S #0617 56.42 JEAN GLASS 2005/10/03 TOLEDO PHYS ED SUPPLY 412.34 MIKE GRAF 2005/10/03 THE UPS STORE #2171 36.96 MIKE GRAF 2005/10/10 THE HOME DEPOT 2810 25.33 MIKE GRAF 2005/10/10 SPORTS IMPORTS 133.92 MIKE GRAF 2005/10/07 JOANN ETC #1902 7.20 JANET M GREW HAYMAN 2005/10/03 DAYSTAR DISTRIBUTING INC 129.00 LORI HANSON 2005/10/07 DS *DRUGSTORE.COM 61.50 LORI HANSON 2005/10/07 HOULE FARM GARDEN & 42.00 GARY HINNENKAMP 2005/10/14 OFFICE MAX 00002204 14.35 STEVE HURLEY 2005/10/11 AGGREGATE AND READY MI 335.00 SCOTT JACOBSON 2005/10/03 DALCO ENTERPRISES, INC 762.56 DAVID JAHN 2005/10/13 DALCO ENTERPRISES, INC 87.59 DAVID JAHN 2005/10/07 HENRIKSEN ACE HARDWARE 10.19 DAVID JAHN 2005/10/05 APPLEBEE'S OAK00161208 8.00 KEVIN JOHNSON 2005/10/05 FAMOUS DAVE'S #2006 8.00 KEVIN JOHNSON 2005/10/07 CARBONE'S PIZZA 32.00 KEVIN JOHNSON 2005/10/04 T J T- SHIRTS 463.00 MARY B KOEHNEN 2005/10/14 SUBWAY 11.69 DAVID KVAM 2005/10/04 TARGET 00011858 4.50 SHERYL L LE 2005/10/03 THE HOME DEPOT 2801 28.74 RANDY LINDBLOM 2005/10/03 HIRSHFIELD'S MAPLEWOOD 11.44 DENNIS LINDORFF 2005/10/12 MENARDS 3022 75.85 DENNIS LINDORFF 2005/10/13 HEJNY RENTAL 47.93 DENNIS LINDORFF 2005/10/05 FEDEX KINKO'S #0617 268.38 STEVE LUKIN 2005/10/06 DE LAGE LANDEN OP01 OF 01 326.54 STEVE LUKIN 2005/10/06 FEDEX KINKO'S #0617 136.32 STEVE LUKIN 2005/10/11 COMMUNICATION BRIEFINGS A 97.00 STEVE LUKIN 2005/10/13 SPRINT *WIRELESS SVCS 888.38 STEVE LUKIN 2005/10/03 BACHMANS MAPLEWD 004 68.15 MARK MARUSKA 2005/10/04 LTG POWER EQUIPMENT 49.08 MARK MARUSKA 2005/10/05 VASKO SOLID WASTE INC 343.00 MARK MARUSKA 2005/10/05 HENRIKSEN ACE HARDWARE 114.62 MARK MARUSKA 2005/10/10 G & K SERVICES 006 467.35 MARK MARUSKA 2005/10/12 WASTE MANAGEMENT 917.25 MARK MARUSKA 2005/10/14 HIRSHFIELD'S MAPLEWOOD 337.10 MARK MARUSKA 2005/10/14 BECKER ARENA PRODUCTS 57.51 MARK MARUSKA 2005/10/14 BECKER ARENA PRODUCTS 3,986.72 MARK MARUSKA 2005/10/06 FRATTALLONE'S ACE HDWE 8.31 JON A MELANDER 2005/10/13 TRUGREEN CHEMLAWN 0000 755.09 ED NADEAU 2005/10/03 EARL F ANDERSEN INC 335.24 BRYAN NAGEL 2005/10/14 GERTENS 83.07 JOHN NAUGHTON 2005/10/05 OFFICE MAX 00002204 23.42 AMY NIVEN 2005/10/03 MOGREN LANDSCAPING SUPPLY 1,079.38 ERICK OSWALD 2005/10/05 S & T OFFICE PRODUCTS 106.97 KATHLEEN PECK HALL 2005/10/05 S & T OFFICE PRODUCTS 52.25 KATHLEEN PECK HALL 2005/10/03 MEDCO SUPPLY 45.70 PHILIP F POWELL 2005/10/06 FACTS - TUITION PYMT 396.33 PHILIP F POWELL 2005/10/10 INKJETSUPERSTORE COM 130.52 PHILIP F POWELL 2005/10/10 EBUYER.COM US 82.39 PHILIP F POWELL 2 Posting Date Merchant Name Trans Amount Name 2005/10/10 FITZCO INC 60.22 PHILIP F POWELL 2005/10/13 ADORAMA INC 179.11 PHILIP F POWELL 2005/10/12 MIKES LP GAS INC 42.55 PHILIP F POWELL 2005/10/13 ROTECK COM LABELS 38.75 PHILIP F POWELL 2005/10/14 WOLF CAMERA #1530 16.80 PHILIP F POWELL 2005/10/14 OFFICE MAX 00002204 70.26 PHILIP F POWELL 2005/10/14 CIRCUIT CITY SS #3137 138.40 PHILIP F POWELL 2005/10/14 BATTERIES PLUS 42.69 PHILIP F POWELL 2005/10/03 MENARDS 3059 19.84 ROBERT PRECHTEL 2005/10/03 TARGET 00011858 46.57 ROBERT PRECHTEL 2005/10/03 CUB FOODS, INC. 15.12 ROBERT PRECHTEL 2005/10/07 HENRIKSEN ACE HARDWARE 4.44 ROBERT PRECHTEL 2005/10/07 PHILIPS MEDICAL SYSTEMS 218.64 ROBERT PRECHTEL 2005/10/10 EMERGENCY MEDICAL PROD 677.34 ROBERT PRECHTEL 2005/10/13 ALPHA SOURCE INC 127.50 ROBERT PRECHTEL 2005/10/13 CHD *C AND H DISTRIBTRS 357.97 ROBERT PRECHTEL 2005/10/03 SPRINT *WIRELESS SVCS 663.23 WILLIAM J PRIEFER 2005/10/03 HENRIKSEN ACE HARDWARE 7.66 STEVEN PRIEM 2005/10/03 TOUSLEY FORD 127200039 165.87 STEVEN PRIEM 2005/10/03 GILLUND ENTERPRIZES 63.53 STEVEN PRIEM 2005/10/03 BRAAS COMPANY KERSHAW 29.05 STEVEN PRIEM 2005/10/05 WHITE BEAR DODGE INC 376.26 STEVEN PRIEM 2005/10/03 SUNRAY BTB 137.22 STEVEN PRIEM 2005/10/04 GOPHER BEARING COMPANY IN 69.68 STEVEN PRIEM 2005/10/05 TOUSLEY FORD 127200039 43.16 STEVEN PRIEM 2005/10/05 BOYER FORD TRUCKS INC 110.53 STEVEN PRIEM 2005/10/06 FASTENAL CO MO TO 134.70 STEVEN PRIEM 2005/10/06 KATH AUTO PARTS 10.00 STEVEN PRIEM 2005/10/06 PAM OIL INC 73.18 STEVEN PRIEM 2005/10/10 FACTORY MOTOR PARTS 50.04 STEVEN PRIEM 2005/10/10 FACTORY MOTOR PARTS 43.51 STEVEN PRIEM 2005/10/10 BOYER FORD TRUCKS INC 176.05 STEVEN PRIEM 2005/10/10 FACTORY MOTOR PARTS 48.49 STEVEN PRIEM 2005/10/12 FACTORY MOTOR PARTS 32.22 STEVEN PRIEM 2005/10/13 RAPID WIRELESS - BURNSVL 220.00 STEVEN PRIEM 2005/10/13 O'REILLY #1569 142.83 STEVEN PRIEM 2005/10/14 AMERICAN FASTENER00 OF 00 27.74 STEVEN PRIEM 2005/10/14 CATCO PARTS & SERV #1 1,358.58 STEVEN PRIEM 2005/10/14 BOYER FORD TRUCKS INC 313.08 STEVEN PRIEM 2005/10/14 POMPS TIRE SERVICE 351.45 STEVEN PRIEM 2005/10/05 THE STAR TRIBUNE - ADVERTIS 655.36 TERRIE RAMEAUX 2005/10/11 MN OCCUPATIONAL HEALTH 72.50 TERRIE RAMEAUX 2005/10/14 MINNESOTA SAFETY COUNC 195.00 TERRIE RAMEAUX 2005/10/04 HILLYARD INC MINNEAPOLIS 50.08 MICHAEL REILLY 2005/10/06 HILLYARD INC MINNEAPOLIS 240.18 MICHAEL REILLY 2005/10/06 TARGET 00011858 54.59 AUDRA ROBBINS 2005/10/12 MICHAELS #2744 21.88 AUDRA ROBBINS 2005/10/06 THE HOME DEPOT 2801 35.02 ROBERT RUNNING 2005/10/14 CENTURY COMMUNITY TECHNIC 270.00 ROBERT RUNNING 2005/10/13 MENARDS 3022 4.56 JAMES SCHINDELDECKER 2005/10/03 ACTIVE - MRPA 326.65 RUSSELL L SCHMIDT 2005/10/07 ROTHHAMMER INTERNATIONAL 235.65 RUSSELL L SCHMIDT 2005/10/07 ROTHHAMMER INTERNATIONAL 2.83 RUSSELL L SCHMIDT 2005/10/11 MENARDS 3022 45.21 GERALD SEEGER 2005/10/07 VERIZON WRLS OT 12KW 3.89 ANDREA SINDT 2005/10/11 S & T OFFICE PRODUCTS 86.74 ANDREA SINDT 7 Posting Date Merchant Name Trans Amount Name 2005/10/11 RON'S VIRTUE PRINTI 307.48 ANDREA SINDT 2005/10/14 KWE *KIPLINGEREDITORS 84.00 ANDREASINDT 2005/10/06 JOANN ETC #1970 7.40 CHRISTINE SOUTTER 2005/10/13 A2Z LOCK AND KEY INC 55.00 SCOTT STEFFEN 2005/10/03 DE LAGE LANDEN OP01 OF 01 511.20 JOANNE M SVENDSEN 2005/10/03 CUB FOODS, INC. 24.94 JOANNE M SVENDSEN 2005/10/03 LOFFLER BUSINESS SYSTE 367.43 JOANNE M SVENDSEN 2005/10/05 S & T OFFICE PRODUCTS 52.87 JOANNE M SVENDSEN 2005/10/06 OFFICE MAX 00007013 110.74 JOANNE M SVENDSEN 2005/10/07 TARGET 00011858 24.94 JOANNE M SVENDSEN 2005/10/10 CUB FOODS, INC. 46.27 JOANNE M SVENDSEN 2005/10/10 TARGET 00011858 (13.82) JOANNE M SVENDSEN 2005/10/10 TARGET 00011858 8.50 JOANNE M SVENDSEN 2005/10/10 TARGET 00006627 30.30 JOANNE M SVENDSEN 2005/10/03 GRUBER'S POWER EQUIPME 95.85 RONALD SVENDSEN 2005/10/07 NARDINI FIRE EQUIPMENT 18.11 RONALD SVENDSEN 2005/10/10 PANERA BREAD #3459 23.98 RUSTIN SVENDSEN 2005/10/07 EAT INC 14.25 RUSTIN SVENDSEN 2005/10/10 MINN FIRE SVC CERT BOARD 55.00 RUSTIN SVENDSEN 2005/10/03 VIKING ELECTRIC -ST. PAUL 94.39 LYLE SWANSON 2005/10/03 EXCELLCOM 42.59 LYLE SWANSON 2005/10/03 STATE SUPPLY CO. INC 20.87 LYLE SWANSON 2005/10/04 MUSKA LIGHTING CENTER 79.54 LYLE SWANSON 2005/10/12 THE HOME DEPOT 2801 4.24 LYLE SWANSON 2005/10/12 TWIN CITY FILTER SERV. 109.32 LYLE SWANSON 2005/10/03 T- MOBILE 115.93 DOUGLAS J TAUBMAN 2005/10/07 HENRIKSEN ACE HARDWARE 4.94 DOUGLAS J TAUBMAN 2005/10/12 QWESTCOMM *TN651 60.63 JUDY TETZLAFF 2005/10/03 MADDEN'S PINE BEACH WE 431.32 DAVID J THOMALLA 2005/10/05 NORTHERN WATERWORKS SUPP 323.76 JOSEPH WATERS 2005/10/10 MCDONALD'S F3117 20.05 JOSEPH WATERS 2005 /10/10 RAINBOW FOODS 00088617 22.77 JOSEPH WATERS 2005/10/10 QUIZNO OF MAPLEWOOD 63.87 JOSEPH WATERS 2005/10/06 TC *G.NEIL 0.50 SUSAN ZWIEG 2005/10/06 MENARDS 3059 8.50 SUSAN ZWIEG 37.707.90 0 Transaction Review 10/18/2005 For Transactions posted between 10/01/2005 to 10/14/2005 Post Date Vendor Name Settlement Amt Cardholder Name 10/10/2005 VERIZON WRLS I2KW 122.40 R CHARLES AHL 10 /10 /2005 G & K SERVICES 006 595.85 BRUCE K ANDERSON 10/03/2005 SHRED -IT 48.95 JOHN BANICK 10/06/2005 DON' PAINT & BODY SHOP 730.62 JOHN BANICK 10/06/2005 DON' PAINT & BODY SHOP 730.62 JOHN BANICK 10/07/2005 UNIFORMS UNLIMITED INC 1,254.33 JOHN BANICK 10/06/2005 STATE SUPPLY CO. INC 63.99 JIM BEHAN 10/07/2005 S & T OFFICE PRODUCTS 64.27 HEIDI CAREY 10 /10 /2005 S & T OFFICE PRODUCTS 27.15 HEIDI CAREY 10 /10 /2005 S & T OFFICE PRODUCTS 20.47 HEIDI CAREY 10 /10 /2005 S & T OFFICE PRODUCTS -64.27 HEIDI CAREY 10/12/2005 VERIZON WRLS I2KW 180.80 DANIEL F FAUST 10 /05/2005 S & T OFFICE PRODUCTS 157.23 PATRICIA FRY 10 /10 /2005 S & T OFFICE PRODUCTS 9.36 PATRICIA FRY 10 /10 /2005 S & T OFFICE PRODUCTS 14.48 PATRICIA FRY 10/04/2005 SPRINTPCS AUTOPYMT RCI 53.41 RICHARD FURSMAN 10/11/2005 PROPERTYKEY.COM, INC. 50.00 KAREN GUILFOFEE 10/12/2005 VERIZON WRLS I2KW 32.60 KAREN E GUILFO FEE 10/13/2005 XPEDX 3,564.68 LORI HANSEN 10/14/2005 S & T OFFICE PRODUCTS 53.65 LORI HANSON 10/05/2005 MENARDS 3059 14.33 ROLAND HELEY 10/04/2005 ADT SECURITY SERVICES 157.28 STEVE HURLEY 10/13/2005 SPRINT WIRELESS SVCS 52.83 STEVE HURLEY 10/03/2005 DE LAGE LANDEN OPOI OF 01 206.61 ANN E HUTCHINSON 10/13/2005 SPRINT WIRELESS SVCS 44.23 ANN E HUTCHINSON 10/04/2005 ARMSTRONG RANCH KENNELS 41.54 DAVID KVAM 10/03/2005 VERIZON WRLS I2KW 45.30 SHERYL L LE 10/12/2005 WASTE MANAGEMENT 267.89 STEVE LUKIN 10/06/2005 HELENA CHEM CO 51191 75.62 BRYAN NAGEL 10 /10 /2005 G & K SERVICES 006 371.50 AMY NIVEN 10 /10 /2005 G & K SERVICES 006 120.50 AMY NIVEN 10 /10 /2005 G & K SERVICES 006 227.00 AMY NIVEN 10 /10 /2005 G & K SERVICES 006 359.92 AMY NIVEN 10 /10 /2005 G & K SERVICES 006 176.80 AMY NIVEN 10 /10 /2005 G & K SERVICES 006 83.05 AMY NIVEN 10/13/2005 S & T OFFICE PRODUCTS 125.51 AMY NIVEN 10/11/2005 PROPERTYKEY.COM, INC. 50.00 DENNIS PECK 10/06/2005 #1 FACTORY MTR PRTS - 100.00 STEVENPRIEM 10 /10 /2005 ZARNOTH BRUSH WORKS INC 823.62 STEVEN PRIEM 10 /10 /2005 DIGITAL AGE 888 - 529 -98 24.99 TERRIE RAMEAUX 10/12/2005 PIONEER PRESS ADVERTISIN 1,183.00 TERRIE RAMEAUX 10 /10 /2005 DALCO ENTERPRISES, INC 938.44 MICHAEL REILLY 10/03/2005 SHRED -IT 61.00 DEB SCHMIDT 10/03/2005 T- MOBILE 46.24 SCOTT SCHULTZ 10 /10 /2005 G & K SERVICES 006 44.48 GERALD SEEGER 10 /10 /2005 HIRSHFIELD'S MAPLEWOOD 47.90 LYLE SWANSON 10/11/2005 QWESTCOMM TN612 253.90 JUDY TETZLAFF 10/11/2005 QWESTCOMM TN612 103.26 JUDY TETZLAFF 10/11/2005 QWESTCOMM TN612 73.70 JUDY TETZLAFF 10/11/2005 QWESTCOMM TN612 103.26 JUDY TETZLAFF 10/11/2005 QWESTCOMM TN612 103.26 JUDY TETZLAFF 10/11/2005 QWESTCOMM TN612 103.26 JUDY TETZLAFF 0 ' Post Date Vendor Name 10/11/2005 QWESTCOMM TN612 10/11/2005 QWESTCOMM TN612 10/11/2005 QWESTCOMM TN612 10/11/2005 QWESTCOMM TN612 Settlement Amt Cardholder Name 372.92 JUDY TETZLAFF 147.40 JUDY TETZLAFF 73.70 JUDY TETZLAFF 240.08 JUDY TETZLAFF 14,774.91 10 vchlist Check Register Page: 1 10/28/2005 CITY OF MAPLEWOOD Check Date Vendor Description /Accoun Amount 68328 10/24/2005 01371 ROAD RESCUE, INC. 2005 MODULAR AMBULANCE- 106,720.00 68329 10/27/2005 02840 XARIS PROPERTIES LLC TEMP CONSTRUCTION 10,000.00 68330 11/1/2005 00058 AICHELE, CRAIG REIMB FOR MILEAGE 10/4 -10/19 57.23 68331 11/1/2005 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 10/8 - 1,516.68 68332 11/1/2005 00174 BELDE, STAN K -9 MAINTENANCE - NOV 35.00 68333 11/1/2005 02662 BENDTSEN, LISA REIMB FOR SWIMSUIT 48.35 68334 11/1/2005 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM 127,083.00 68335 11/1/2005 00198 BOARD OF WATER COMMISSIONERS WATER UTILITY 2,289.82 68336 11/1/2005 01922 BREHEIM, ROGER CELL PHONE REIMBURSEMENT- 15.00 68337 11/1/2005 00215 BRIDGCO DOCKS & LIFTS INC BOARDWALK CROSSINGS FOR 19,180.65 68338 11/1/2005 00262 CARLE, JEANETTE REIMB FOR MILEAGE & MEAL 5/6- 28.47 68339 11/1/2005 02929 CNAGLAC LONG TERM CARE INS 907.04 68340 11/1/2005 03200 COFFEY, KEVIN REIMB FOR MEAL & FUEL 9/11 -9/14 44.40 68341 11/1/2005 00384 DE LAGE LANDEN FINANCIAL SRVS RICOH COPIER LEASE - NOV 161.88 68342 11/1/2005 03243 ENVIRONMENTAL WOOD SUPPLY LLC DISPOSAL OF TREE TRUNKS 20.00 68343 11/1/2005 00477 ESS BROTHERS & SONS INC PROJ 03 -18 GRATE 159.75 PROJ 03 -39 STORM LID 264.12 68344 11/1/2005 00519 FLEXIBLE PIPE TOOL CO. CONCAVE ROOT SAW BLADE 15" 156.93 68345 11/1/2005 02113 FURSMAN, RICHARD REIMB FOR MILEAGE 8/31 -10/21 138.53 68346 11/1/2005 00555 GAYNOR, VIRGINIA REIMB FOR MILEAGE - NC 1/6- 185.41 REIMB FOR MILEAGE 1/5 TO 7/14 121.66 REIMB FOR PARKING & MILEAGE 99.69 68347 11/1/2005 00589 GRAF, DAVE KARATE INSTRUCTOR 81.25 68348 11/1/2005 03529 GREYSTONE CONSTRUCTION CO PROJ 03 -19 SALT STORAGE BLDG 83,323.55 68349 11/1/2005 01039 HEALTH, DEPT OF MEMBERSHIP #RS485 45.00 68350 11/1/2005 00668 HIEBERT, STEVEN K -9 MAINTENANCE - NOV 35.00 68351 11/1/2005 03330 HOISINGTON KOEGLER GROUP INC PROJ 04 -56 GLADSTONE PROJ 6,939.99 68352 11/1/2005 02136 JOHNSON, DOUGLAS REIMB FOR FUEL & NATL 161.30 68353 11/1/2005 02196 JORGENSON CONST INC PROJ 03 -19 PUBLIC WORKS BLDG 600,624.20 68354 11/1/2005 00827 L M C I T INSURANCE PREMIUM 718.00 68355 11/1/2005 02248 LINN, BRYAN REIMB FOR MILEAGE 10/17 -10/19 22.38 68356 11/1/2005 01043 M E H A MEMBERSHIP 30.00 68357 11/1/2005 00902 M E M A MEMBERSHIPS 95.00 68358 11/1/2005 03332 MC CARTY, GLEN REIMB MEALS, PARKING, CLINICAL 162.91 REIMB MEALS & PARKING 10/19 - 26.09 68359 11/1/2005 03417 MCFARLAND, P.C., THOMAS F RR ABANDONMENT ATTORNEY 4,320.41 68360 11/1/2005 01819 MCLEOD USA LOCAL PHONE SRV 9/16 -10/15 2,051.76 68361 11/1/2005 02364 MET LIFE MONTHLY DENTAL PREMIUM 9,646.73 68362 11/1/2005 00985 METROPOLITAN COUNCIL WASTEWATER - NOV 185,478.30 68363 11/1/2005 01079 MN CHIEFS OF POLICE ASSN TRAINING 11/29/05 58.58 68364 11/1/2005 01085 MN LIFE INSURANCE MONTHLY PREMIUM 3,902.00 68365 11/1/2005 01089 MN UC FUND QUARTERLY UNEMPLOYMENT - 1,827.75 68366 11/1/2005 00395 NATURAL RESOURCES, DEPT OF OEHRLINE LAKE PERMIT APP FEE 150.00 68367 11/1/2005 01174 NORTH ST PAUL- MAPLEWOOD- ROTARY MEMBERSHIP 175.00 68368 11/1/2005 02886 OERTEL ARCHITECTS PUBLIC WORKS BLDG ARCHITECT 34,546.84 68369 11/1/2005 00001 ONE TIME VENDOR REF QWEST- PR #04 -15 DAMAGE 183.05 68370 11/1/2005 00001 ONE TIME VENDOR REF B OSBORN - CLASS 100.00 68371 11/1/2005 00001 ONE TIME VENDOR REF TAMMY MCLAURIN - CANC 66.00 68372 11/1/2005 00001 ONE TIME VENDOR REF LAURA STILP - MCC 45.00 68373 11/1/2005 01560 ONYX WASTE SRVS MIDWEST INC RECYCLING - SEP 17,659.80 11 vchlist Check Register Page: 2 10/28/2005 CITY OF MAPLEWOOD Check Date Vendor Description /Accoun Amount 68374 11/1/2005 02304 PACOLT, MARSHA REIMB 1,152.46 68375 11/1/2005 00396 PUBLIC SAFETY, DEPT OF TRAINING 10/11 250.00 68376 11/1/2005 00396 PUBLIC SAFETY, DEPT OF INTOXILYZER RECERTIFICATION 45.00 68377 11/1/2005 03530 FILING, DAVID SHOP MANUALS 1,230.00 68378 11/1/2005 01387 ROSSINI, DR. JAMES FITNESS PROGRAM - OCT 100.00 68379 11/1/2005 01504 ST PAUL, CITY OF MEDICAL SUPPLIES 2,184.07 68380 11/1/2005 01564 SUZANNE'S CUISINE, INC. BOARD /COMMISSION EVENT 1,110.80 68381 11/1/2005 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS 491.41 68382 11/1/2005 01580 TSE, INC. JANITORIAL SERVICES 8/22 -9/16 907.50 68383 11/1/2005 00529 UNION SECURITY INSURANCE CO MONTHLY LTD PREMIUM 2,389.07 STD PLAN 4043120 -0 -1 - NOV 1,543.25 68384 11/1/2005 01734 WALSH, WILLIAM P. OVERPAID PLUMBING PERMITS - 170.00 OVERPAID PLUMBING PERMITS -80.96 COMMERCIAL PLUMBING INSP 369.65 68385 11/1/2005 01789 WOODBURY, CITY OF SAFE & SOBER GRANT FUNDS 6,317.75 68386 11/1/2005 01190 XCEL ENERGY GAS UTILITY 477.84 68387 11/1/2005 01798 YOCUM OIL CO. UNL MID -GRADE 89 OCTANE GAS 13,900.43 60 Checks in this report Total checks : 1,253,927.77 12 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 10/20/05 10/21/05 10/11/05 10/20/05 10/21/05 10/21/05 10/21/05 10/21/05 10/24/05 10/21/05 10/21/05 10/21/05 10/25/05 10/25/05 10/26/05 10/24/05 10/21/05 10/21/05 10/21/05 10/21/05 10/21/05 10/24/05 10/24/05 10/24/05 10/25/05 10/25/05 10/25/05 10/25/05 10/26/05 10/26/05 10/27/05 10/27/05 MN State Treasurer ICMA (Vantagepointe) MN Dept of Revenue MN Dept of Natural Resources Orchard Trust MN State Treasurer U.S. Treasurer P.E.R.A. MN State Treasurer MN State Treasurer Labor Unions Federal Reserve Bank MN State Treasurer Pitney Bowes MN State Treasurer ARC Administration TOTAL Description Drivers License /Deputy Registrar Deferred Compensation Fuel Tax DNR electronic licenses Deferred Compensation Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Drivers License /Deputy Registrar State Payroll Tax Union Dues Savings Bonds Drivers License /Deputy Registrar Postage Drivers License /Deputy Registrar DCRP & Flex plan payments Amount 11, 708.47 8,145.47 325.20 399.50 25,417.62 10, 065.75 118,883.43 54,268.15 18,193.89 22,572.07 2,392.07 100.00 17, 605.16 2,985.00 11, 207.25 1,208.35 305,477.38 13 vchlist Check Register Page: 1 11/04/2005 CITY OF MAPLEWOOD Check Date 68388 11/8/2005 02113 FURSMAN, RICHARD 68389 11/8/2005 00555 GAYNOR, VIRGINIA 2 Checks in this report Description /Accoun Amount REIMB FOR PARKING 9/27 & 9/28 REIMB FOR MILEAGE 7/14 -8/5 Total checks 18.00 41.35 59.35 14 vchlist Check Register Page: 1 11/04/2005 CITY OF MAPLEWOOD Check Date Vendor Description /Accoun Amount 68390 11/8/2005 02106 ADVANCED BUSINESS SYSTEMS, INC TYPEWRITER PRINT WHEEL 43.82 68391 11/8/2005 01809 AGGREGATE INDUSTRIES NCR INC CONCRETE 19.22 68392 11/8/2005 00058 AICHELE, CRAIG REIMB FOR TOOLS - 2005 350.00 68393 11/8/2005 01811 BERNATELLO'S PIZZA INC MERCH FOR RESALE 176.40 68394 11/8/2005 00202 BOHL, JOHN REIMB FOR MEALS 10/25 POLICE 19.57 68395 11/8/2005 00211 BRAUN INTERTEC CORP. PROJ 02 -08 PROF SRVS THRU 10/7 239.50 68396 11/8/2005 02585 CENTRAL INTERNAL MEDICINE STRESS TEST 150.00 68397 11/8/2005 00283 CENTURY COLLEGE FIREFIGHTER TRAINING 655.55 FIRE FIGHTER TUITION 1,301.10 68398 11/8/2005 02746 CLOVER SUPER FOODS INC MERCH FOR RESALE 143.77 68399 11/8/2005 02743 DOBLAR, RICHARD REIMB FOR TUITION & BOOKS 499.20 68400 11/8/2005 00413 DON MARTY'S LANDSCAPING INSTALL SOD 3,950.00 68401 11/8/2005 00412 DONALD SALVERDA & ASSOCIATES MGMT PROGRAM BOOKS 92.54 68402 11/8/2005 03463 EBERT CONSTRUCTION APPLEWOOD PARK 56,801.24 68403 11/8/2005 00003 ESCROW REFUND REF GRADING ESC - 2659 500.00 68404 11/8/2005 00585 GOPHER STATE ONE -CALL BILLABLE TICKETS - SEP 791.10 68405 11/8/2005 03537 HUBIN, KEN REIMB FOR UNIFORM 10/31 217.91 68406 11/8/2005 00483 IDEACOM MID - AMERICA PHONE SERVICE & LABOR 267.00 PHONE SERVICE & LABOR 498.00 68407 11/4/2005 00767 JOHNSON, KEVIN A POLICE OFFICER FOR MCC EVENT 120.00 68408 11/8/2005 00809 KONG, TOMMY REIMB FOR PARKING 10/11 5.00 68409 11/8/2005 03532 LOUIS C KNIPPENBERG REF GRADING ESC - 2296 2,506.78 68410 11/8/2005 03535 MAGELLAN EXECUTIVE RESOURCES STRATEGIC TEAM DEVELOPMENT 3,900.00 68411 11/4/2005 03261 MAPLEWOOD PRAYER BREAKFAST PRAYER BREAKFAST 20.00 68412 11/4/2005 00959 MCLAUGHLIN, BILLY WINE FEST ENTERTAINER 11/5 300.00 68413 11/8/2005 01012 MILLER, NICK REF NICK MILLER - MEMBERSHIP 25.00 68414 11/4/2005 01977 MN PUBLIC WORKS ASSOCIATION FALL CONFERENCE 11/16 & 11/17 199.00 68415 11/8/2005 01028 MN STATE TREASURER STAX MONTHLY SURTAX - OCT 5,750.23 68416 11/8/2005 03193 NOBLE NURSERY RETAIL INC PROJ 03 -04 KENNARD ST IMPRV 7,806.30 68417 11/8/2005 01202 NYSTROM PUBLISHING CO INC CITY NEWS - NOV 2,281.00 68418 11/8/2005 01218 ON SITE SANITATION EQUIPMENT RENTAL 133.96 68419 11/8/2005 00001 ONE TIME VENDOR REF MARK STENE - MEMBERSHIP 125.00 68420 11/8/2005 03201 OPHEIM, JOHN REIMB FOR SUPPLIES 40.96 68421 11/8/2005 02630 PEARSON BROS INC PROJ 05 -21 SEAL COAT PROJECT 107,515.75 68422 11/8/2005 03528 PELTIER, STEVEN REF GRADING ESC - 1236 1,004.88 68423 11/8/2005 01254 PEPSI -COLA COMPANY MERCH FOR RESALE 469.70 68424 11/8/2005 02563 PHILLIPS MEDICAL SYSTEMS MRX PRINTER PAPER 99.58 68425 11/8/2005 01302 PRIEM, STEVEN REIMB TOOL ALLOW 2005 & 429.54 68426 11/8/2005 00396 PUBLIC SAFETY, DEPT OF TRAINING REGISTRATION FEE 120.00 68427 11/8/2005 01340 REGIONS HOSPITAL PHARMACY STOCK REPORT 251.64 68428 11/8/2005 01360 REINHART FOODSERVICE MERCH FOR RESALE 148.28 68429 11/8/2005 01418 SAM'S CLUB DIRECT BIRTHDAY PROGRAM CAKES 47.61 PROGRAM SUPPLIES 163.71 BIRTHDAY PROGRAM CAKES 28.74 BIRTHDAY CAKE & CANDY 31.85 PROGRAM SUPPLIES 286.61 COFFEE 249.09 VENDING MACHINE SUPPLIES 228.81 MERCH FOR RESALE 102.60 MERCH FOR RESALE 269.97 BIRTHDAY PROGRAM CAKES 24.82 15 vchlist Check Register Page: 2 11/04/2005 CITY OF MAPLEWOOD Check Date Vendor Description /Accoun Amount 68429 11/8/2005 01418 SAM'S CLUB DIRECT (Continued) CHILDCARE SUPPLIES 6.67 68430 11/8/2005 03073 SANDERS WACKER BERGLY INC LANDSCAPE ARCH SRVS - SEP 980.00 68431 11/8/2005 03215 SHAFER CONTRACTING CO INC PROJ 03- 07/04 -25 HWY 61 IMPRV 277,996.12 68432 11/8/2005 03398 SHAMROCK GROUP MERCH FOR RESALE 59.00 68433 11/8/2005 01463 SISTER ROSALIND GEFRE MCC MASSAGES - SEP 2,238.00 68434 11/8/2005 01504 ST PAUL, CITY OF WATER USAGE - 3RD QTR 612.23 68435 11/8/2005 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 6,548.20 68436 11/8/2005 01568 SWANSON, LYLE REF LYLE SWANSON - 25.00 68437 11/8/2005 01572 SYSTEMS SUPPLY, INC. BR TONER & HP LJ1000 TONER 288.23 68438 11/8/2005 02464 US BANK PAYING AGENT FEES 158.13 68439 11/8/2005 03419 VERSA -LOK RETAINING WALL SYS RETAINING WALL SUPPLIES 1,849.25 68440 11/8/2005 01734 WALSH, WILLIAM P. COMMERCIAL PLUMBING INSP 980.40 68441 11/8/2005 01750 WATSON CO INC, THE MERCH FOR RESALE 157.40 68442 11/8/2005 02410 WELLS FARGO LEASING INC COPIER LEASE 10/9 -11/9 1,467.57 68443 11/8/2005 03378 WOEHRLE, MATT REIMB TOOL ALLOW 2005 & 274.10 68444 11/8/2005 01190 XCEL ENERGY GAS UTILITY 6,388.60 55 Checks in this report Total checks : 501,431.23 16 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Pavee 10/27/05 10/28/05 MN State Treasurer 10/21/05 10/28/05 WI Dept of Revenue 10/27/05 10/28/05 MN Dept of Natural Resources 10/28/05 10/31/05 MN State Treasurer 10/31/05 11/01/05 MN State Treasurer 10/31/05 11/01/05 US Bank 11/01/05 11/02/05 MN State Treasurer 10/31/05 11/02/05 Discover 10/28/05 11/02/05 US Bank VISA One Card* 11/02/05 11/03/05 MN State Treasurer 10/28/05 11/03/05 Elan Financial Services* 1111c•1raIIIIII Description Drivers License /Deputy Registrar State Payroll Tax DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Credit Card fees Drivers License /Deputy Registrar Credit Card fees Purchasing card items Drivers License /Deputy Registrar Purchasing card items *Detailed listing of VISA purchases is attached. Amount 12,236.99 1,621.36 259.50 11,640.25 18,853.80 1,097.90 22,168.25 158.84 37,858.20 16,525.33 1,260.02 123,680.44 17 Transactions 10 -15 -05 to 10- 28 -05. sting Date Merchant Name 2005/10/20 BATTERIES PLUS 2005/10/17 TARGET 00011858 2005/10/17 FACTORY CARD OUTLET #284 2005/10/20 CUB FOODS, INC. 2005/10/17 WEBER & TROSETH INC 2005/10/27 AUTO GLASS SPECIALISTS -MN 2005/10/18 NUCO2 01 OF 01 2005/10/18 NUCO2 01 OF 01 2005/10/18 NUCO2 01 OF 01 2005/10/18 NUCO2 01 OF 01 2005/10/18 NUCO2 01 OF 01 2005/10/18 NUCO2 01 OF 01 2005/10/17 PARK SUPPLY INC 2005/10/20 MUSKA LIGHTING CENTER 2005/10/21 PARK SUPPLY INC 2005/10/21 ELECTRIC MOTOR REPAIR INC 2005/10/24 KRUEGER INTERNATIONAL 2005/10/27 ALL MAIN STREET ELECTRIC 2005/10/28 PORT -A- WELDING INC 2005/10/28 STATE SUPPLY CO. INC 2005/10/24 BEST WESTERN HOTELS 2005/10/17 HENRIKSEN ACE HARDWARE 2005/10/24 CITI -CARGO 2005/10/27 SEARS ROEBUCK 1122 2005/10/27 THE HOME DEPOT 2801 2005/10/28 VERSA -LOK CONTRACTOR SAL 2005/10/19 FEDEX KINKO'S #0617 2005/10/20 FEDEX KINKO'S #0617 2005/10/24 YELLOW BOOK USA 2005/10/25 DEX EAST - LOCKBOX 2005/10/25 NAMEBANK 2005/10/17 NWAAIR 0122124188299 2005/10/24 MARRIOTT SAN ANTONIO HTL 2005/10/25 GE CAPITAL 2005/10/27 TIME WARNER CABLE 2005/10/21 S & T OFFICE PRODUCTS 2005/10/19 RED WING SHOE STORE 2005/10/17 IRON AGE CORP 2005/10/21 THE HOME DEPOT 2801 2005/10/21 OAKDALE RENTAL CENTER 2005/10/27 NORTHWEST LASERS INC 2005/10/21 THE HOME DEPOT 2801 2005/10/21 THE HOME DEPOT 2801 2005/10/21 THE HOME DEPOT 2801 2005/10/26 B J MULCAHY COMPANY INC 2005/10/26 STAGE TECHNOLOGY 2005/10/28 HUNT ELECTRIC CORPORATION 2005/10/17 HOLIDAY STATIONSTORE 2005/10/28 OFFICE MAX 00002204 2005/10/24 INSIGHT PUBLIC SECTOR 2005/10/28 DELL CATALOG SALES, L.P. 2005/10/20 PITNEY BOWES INVOICE 2005/10/20 PITNEY BOWES INVOICE 2005/10/19 BATTERIES PLUS Trans Amount Name $205.91 SCOTTANDREWS $12.38 MANDY ANZALDI $4.98 MANDY ANZALDI $2.65 MANDY ANZALDI $155.57 JOHN BANICK $209.03 JOHN BANICK $87.33 JIM BEHAN $87.33 JIM BEHAN $57.30 JIM BEHAN $87.33 JIM BEHAN $54.96 JIM BEHAN $80.73 JIM BEHAN $154.91 JIM BEHAN $894.05 JIM BEHAN $54.36 JIM BEHAN $237.87 JIM BEHAN $367.65 JIM BEHAN $1,850.00 JIM BEHAN $241.15 JIM BEHAN $74.59 JIM BEHAN $194.88 RON BOURQUIN $14.02 ROGER BREHEIM $106.50 ROGER BREHEIM $638.99 ROGER BREHEIM $56.42 ROGER BREHEIM $101.56 TROY BRINK $25.24 HEIDI CAREY $92.02 HEIDI CAREY $602.42 HEIDI CAREY $65.03 HEIDI CAREY $134.11 HEIDI CAREY $358.90 LINDACROSSON $1,050.75 LINDACROSSON $158.69 LINDACROSSON $109.79 LINDACROSSON $32.79 ROBERTA DARST $152.15 THOMAS DEBILZAN $126.45 DOUG EDGE $52.21 DOUG EDGE $306.72 DOUG EDGE $16.05 ANDREW ENGSTROM ($7.43) LARRY FARR $42.48 LARRY FARR $7.43 LARRY FARR $352.52 LARRY FARR $15.25 LARRY FARR $1,778.64 LARRY FARR $2.58 SHANN FINWALL $58.59 MYCHAL FOWLDS $195.90 NICK FRANZEN $428.32 NICK FRANZEN $1,266.00 PATRICIA FRY $142.00 PATRICIA FRY $18.09 RICHARD FURSMAN Em Posting Date Merchant Name Trans Amount Name 2005/10/21 WALGREEN 00031229 $4.22 VIRGINIA GAYNOR 2005/10/21 WALGREEN 00031229 $5.31 VIRGINIA GAYNOR 2005/10/25 KNOWLANS #2 $9.35 VIRGINIA GAYNOR 2005/10/19 CREATIVE PROMOTIONS INTER $1,791.44 CLARENCE GERVAIS 2005/10/24 BEST WESTERN HOTELS $194.88 CLARENCE GERVAIS 2005/10/27 OFFICE MAX 00002204 $27.43 CLARENCE GERVAIS 2005/10/28 OFFICE MAX 00002204 $3.94 CLARENCE GERVAIS 2005/10/28 OFFICE MAX 00002204 $5.31 CLARENCE GERVAIS 2005/10/28 OFFICE MAX 00002204 $6.70 CLARENCE GERVAIS 2005/10/28 SCHOOL TECH INC ($359.80) MIKE GRAF 2005/10/17 THE HOME DEPOT 2810 $14.54 JANET M GREW HAYMAN 2005/10/19 HOULE FARM GARDEN & $3.00 JANET M GREW HAYMAN 2005/10/21 SUBWAY SANDWICHES AND SA $159.59 JANET M GREW HAYMAN 2005/10/28 XPEDX $342.74 LORI HANSEN 2005/10/24 AMERICAN IRRIGATION $41.14 GARY HINNENKAMP 2005/10/24 FASTENAL CO RETAIL $24.52 GARY HINNENKAMP 2005/10/25 THE METAL DOCTOR INC $349.54 GARY HINNENKAMP 2005/10/25 HYDROLOGIC WATER MANAGEME $35.24 GARY HINNENKAMP 2005/10/27 HEJNY RENTAL $352.01 GARY HINNENKAMP 2005/10/28 TARGET 00011858 $27.67 RON HORWATH 2005/10/20 HEJNY RENTAL $90.53 ANN E HUTCHINSON 2005/10/24 RAINBOW FOODS 00088526 $83.11 ANN E HUTCHINSON 2005/10/24 MICHAELS #2744 $6.37 ANN E HUTCHINSON 2005/10/24 MICHAELS #2744 $15.92 ANN E HUTCHINSON 2005/10/27 MENARDS 3059 $22.23 ANN E HUTCHINSON 2005/10/20 DALCO ENTERPRISES, INC $419.30 DAVID JAHN 2005/10/28 TARGET 00011858 $47.29 DAVID JAHN 2005/10/20 T J T- SHIRTS $61.00 MARY B KOEHNEN 2005/10/17 MCDONALD'S F6493 $129.03 DUWAYNE KONEWKO 2005/10/17 MSP AIRPORT PA20002002 $48.00 DAVID KVAM 2005/10/17 ALLIE'S DELI $8.70 DAVID KVAM 2005/10/17 MARRIOTT 33769 JW DC $34.05 DAVID KVAM 2005/10/18 ANOKA HENNEPIN COLLEGE $175.00 DAVID KVAM 2005/10/28 SIRCHIE FINGERPRINT LABS $165.25 DAVID KVAM 2005/10/24 CUB FOODS, INC. $18.17 SHERYL L LE 2005/10/17 FRATTALLONE'S ACE HDWE $5.31 MICHAEL LIDBERG 2005/10/27 FRATTALLONE'S ACE HDWE $23.42 MICHAEL LIDBERG 2005/10/26 MENARDS 3022 $74.59 DENNIS LINDORFF 2005/10/28 HEJNY RENTAL $55.91 DENNIS LINDORFF 2005/10/17 AIRGAS NORTH CENTRAL INT $2,529.10 STEVE LUKIN 2005/10/17 AIRGAS NORTH CENTRAL INT $404.49 STEVE LUKIN 2005/10/17 VERIZON WRLS 12KW $61.66 STEVE LUKIN 2005/10/21 SBC PAGING $17.69 STEVE LUKIN 2005/10/26 METRO SALES INC $252.97 STEVE LUKIN 2005/10/17 VERIZON WRLS 12KW $43.24 MARK MARUSKA 2005/10/21 HUGOS TREE CARE $415.35 MARK MARUSKA 2005/10/24 ON SITE SANITATION INC $83.25 MARK MARUSKA 2005/10/17 HOLIDAY STATIONSTORE $7.08 JON A MELANDER 2005/10/20 THE HOME DEPOT 2801 $15.94 JOHN NAUGHTON 2005/10/20 RYCO SUPPLY COMPANY $26.73 JEAN NELSON 2005/10/25 COUNTRY INN & SUITES $740.66 JULIE OLSON 2005/10/17 UNITED RENTALS $74.55 ERICK OSWALD 2005/10/25 QWEST *COMMUNICATION $673.00 MARSHA PACOLT 2005/10/17 WOLF CAMERA #1530 $114.76 PHILIP F POWELL 2005/10/17 FACTS - ENROLLMENT FEE $2.00 PHILIP F POWELL 2005/10/17 MENARDS 3022 $36.33 PHILIP F POWELL 19 Posting Date Merchant Name Trans Amount Name 2005/10/20 HENRIKSEN ACE HARDWARE $25.20 PHILIP F POWELL 2005/10/21 BATTERY UNIVERSE $199.85 PHILIP F POWELL 2005/10/24 WOLF CAMERA #1530 $11.27 PHILIP F POWELL 2005/10/27 OFFICE MAX 00002204 $127.77 PHILIP F POWELL 2005/10/19 PHILIPS MEDICAL SYSTEMS $99.58 ROBERT PRECHTEL 2005/10/24 CHD *C AND H DISTRIBTRS ($25.18) ROBERT PRECHTEL 2005/10/24 CHD *C AND H DISTRIBTRS ($17.52) ROBERT PRECHTEL 2005/10/26 TRI -ANIM HEALTH SERVICES $700.00 ROBERT PRECHTEL 2005/10/27 COSSETTAS $12.28 ROBERT PRECHTEL 2005/10/24 BROWN TRAFFIC PRODUCTS $881.82 WILLIAM PRIEBE 2005/10/17 BOYER FORD TRUCKS INC $590.64 STEVEN PRIEM 2005/10/17 O'REILLY #1569 $11.31 STEVEN PRIEM 2005/10/17 TOUSLEY FORD 127200039 $408.54 STEVEN PRIEM 2005/10/17 BOYER FORD TRUCKS INC $38.63 STEVEN PRIEM 2005/10/17 BAUER BUILT TRE33200023 2005/10/17 BAUER BUILT TRE33200023 2005/10/17 JOHN FRYE DISTRIBUTING 2005/10/17 KATH AUTO PARTS 2005/10/17 KATH AUTO PARTS 2005/10/19 O'RE I LLY #1569 2005/10/19 RED WING SHOE STORE 2005/10/20 KATH AUTO PARTS 2005/10/21 TOUSLEY FORD 127200039 2005/10/24 TRUCK UTILITIES INC 2005/10/24 TRUCK UTILITIES INC 2005/10/24 TRUCK UTILITIES IN00 OF 00 2005/10/24 POLAR CHEVROLET 2005/10/24 KATH AUTO PARTS NSP 2005/10/24 KATH AUTO PARTS NSP 2005/10/24 PARTS ASSOCIATES INC 2005/10/25 KATH AUTO PARTS NSP 2005/10/25 KATH AUTO PARTS NSP 2005/10/27 DELEGARD TOOL COM00 OF 00 2005/10/28 KATH AUTO PARTS NSP 2005/10/17 CUB FOODS, INC. 2005/10/24 UNIFORMS UNLIMITED INC 2005/10/24 SPRINT *WIRELESS SVCS 2005/10/21 WONDERLIC 2005/10/20 HILLYARD INC MINNEAPOLIS 2005/10/24 HILLYARD INC MINNEAPOLIS 2005/10/26 MENARDS 3059 2005/10/17 TOYS R US #6046 2005/10/19 MICHAELS #3701 2005/10/24 HOLLYWOOD VIDEO 2005/10/26 TARGET 00011858 2005/10/26 CAMP SNOOPY ADMISSIONS 2005/10/27 CUB FOODS, INC. 2005/10/17 OFFICE MAX 00002204 2005/10/20 NORTHERN TOOL EQUIPMNT 2005/10/26 CURTIS 1000 2005/10/17 HEJNY RENTAL 2005/10/17 HEJNY RENTAL 2005/10/21 MENARDS 3022 2005/10/24 MENARDS 3022 2005/10/24 MENARDS 3022 2005/10/18 T- MOBILE $351.45 STEVEN PRIEM $585.75 STEVEN PRIEM $28.74 STEVEN PRIEM $20.00 STEVEN PRIEM $57.68 STEVEN PRIEM ($17.72) STEVEN PRIEM $161.50 STEVEN PRIEM $37.25 STEVEN PRIEM $127.40 STEVEN PRIEM ($218.76) STEVEN PRIEM $218.76 STEVEN PRIEM $150.62 STEVEN PRIEM $7.69 STEVEN PRIEM $204.88 STEVEN PRIEM $7.66 STEVEN PRIEM $42.59 STEVEN PRIEM ($27.70) STEVEN PRIEM $3.47 STEVEN PRIEM $101.04 STEVEN PRIEM ($1.65) STEVEN PRIEM $11.09 KEVIN RABBETT $69.00 KEVIN RABBETT $2,071.97 KEVIN RABBETT $276.37 TERRIE RAMEAUX $592.47 MICHAEL REILLY $274.26 MICHAEL REILLY $66.49 MICHAEL REILLY $144.63 AUDRA ROBBINS $37.12 $42.58 $81.35 $407.34 $23.11 $10.51 $18.09 $99.34 $122.42 $11.98 $36.96 $24.83 $10.18 $78.70 AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS AUDRA ROBBINS JAMES SCHINDELDECKER JAMES SCHINDELDECKER DEB SCHMIDT RUSSELL L SCHMIDT RUSSELL L SCHMIDT GERALD SEEGER GERALD SEEGER GERALD SEEGER ANDREA SINDT 20 Posting Date Merchant Name Trans Amount Name 2005/10/26 S & T OFFICE PRODUCTS ($9.35) ANDREA SINDT 2005/10/26 S & T OFFICE PRODUCTS $138.65 ANDREA SINDT 2005/10/27 S & T OFFICE PRODUCTS $9.35 ANDREA SINDT 2005/10/28 T- MOBILE $29.76 ANDREASINDT 2005/10/24 ACTION RENTAL $148.73 PAULINE STAPLES 2005/10/17 CUB FOODS, INC. $34.31 JOANNE M SVENDSEN 2005/10/17 S & T OFFICE PRODUCTS $71.22 JOANNE M SVENDSEN 2005/10/17 DE LAGE LANDEN OP01 OF 01 $511.20 JOANNE M SVENDSEN 2005/10/21 TARGET 00011858 $3.18 JOANNE M SVENDSEN 2005/10/24 DE LAGE LANDEN OPERATIONA ($511.20) JOANNE M SVENDSEN 2005/10/24 CUB FOODS, INC. $2.50 JOANNE M SVENDSEN 2005/10/24 CUB FOODS, INC. 2005/10/26 METRO SALES INC 2005/10/17 ASPEN MILLS 8005717343 2005/10/17 ASPEN MILLS 8005717343 2005/10/17 ASPEN MILLS 8005717343 2005/10/17 ASPEN MILLS 8005717343 2005/10/17 ASPEN MILLS 8005717343 2005/10/17 CRAWFORD DOOR SALES CO OF 2005/10/24 BEST WESTERN HOTELS 2005/10/25 LIFE LINK III 2005/10/17 STATE SUPPLY CO. INC 2005/10/25 MENARDS 3059 2005/10/26 HENRIKSEN ACE HARDWARE 2005/10/27 ALL MAIN STREET ELECTRIC 2005/10/28 FOREST PRODUCTS SUPPLY 2005/10/17 MERMAID 2005/10/27 BEST WESTERN HOTELS 2005/10/17 VIKING #1090 2005/10/20 THE GALLERY COLLECTION 2005/10/24 TC *AMST PRINT LITHO $41.31 JOANNE M SVENDSEN $732.90 JOANNE M SVENDSEN $26.02 RUSTIN SVENDSEN $223.62 RUSTIN SVENDSEN $328.50 RUSTIN SVENDSEN $116.49 RUSTIN SVENDSEN $116.50 RUSTIN SVENDSEN $1,142.50 RUSTIN SVENDSEN $307.88 RUSTIN SVENDSEN ($100.00) RUSTIN SVENDSEN $86.21 LYLE SWANSON $11.21 LYLE SWANSON $546.23 LYLE SWANSON $96.00 LYLE SWANSON $106.50 LYLE SWANSON $23.85 DAVID J THOMALLA $138.88 DAVID J THOMALLA $82.60 SUSAN ZWIEG $149.42 SUSAN ZWIEG $200.71 SUSAN ZWIEG $37,858.20 21 Transaction Review For Transactions posted between 10/15/2005 to 10/28/2005 Post Date 10/19/2005 10/24/2005 10/21/2005 10/17/2005 10/28/2005 10/21/2005 10/28/2005 10/21/2005 10/17/2005 10/27/2005 10/20/2005 10/25/2005 10/20/2005 10/19/2005 10/28/2005 10/24/2005 Vendor Name DPMS INC DPMS INC ANDON BALLOONS INC -2 SHRED -IT S & T OFFICE PRODUCTS VERIZON WRLS 0334101 S & T OFFICE PRODUCTS SPRINT WIRELESS SVCS VERIZON WRLS I2KW METROCALL ARCH WIRE CINTAS FIRST AID #0431 FEDEX 841 - 5 1463 27 25 CINTAS FIRST AID #0431 S & T OFFICE PRODUCTS CIC REFUND QWESTCOMM TN651 Settlement Amt Cardholder Name 11/4/2005 -18.00 SCOTT ANDREWS - 158.27 SCOTTANDREWS 79.88 MANDY ANZALDI 113.22 JOHN BANICK 41.90 PATRICIA FRY 181.88 KAREN E GUILFOILE 206.60 LORI HANSON 213.22 STEVE HURLEY 64.97 ED NADEAU 3 9.3 9 ED NADEAU 28.91 BRYAN NAGEL 15.20 PHILIP F POWELL 27.37 WILLIAM J PRIEFER 75.36 DEB SCHMIDT -9.45 AUSTIN SVENDSEN 357.84 JUDY TETZLAFF 1,260.02 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 23 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 10/21/05 CARDINAL, ROBERT 422.42 dd 10/21/05 .IUENEMANN, KATHLEEN 371.77 dd 10/21/05 KOPPEN, MARVIN 371.77 dd 10/21/05 ROSSBACH, WILLIAM 371.77 dd 10/21/05 COLEMAN, MELINDA 4,096.10 dd 10/21/05 DARST, ROBERTA 1,690.85 dd 10/21/05 FURSMAN, RICHARD 5,053.62 dd 10/21/05 FARR, LARRY 1,767.48 dd 10/21/05 SWANSON, LYLE 1,693.00 dd 10/21/05 LE,.IENNIFER 146.25 dd 10/21/05 LE, SHERYL 4,001.34 dd 10/21/05 RAMEAUX, THERESE 2,376.42 dd 10/21/05 FAUST, DANIEL 4,166.98 dd 10/21/05 SCHMIDT, DEBORAH 1,456.57 dd 10/21/05 ANDERSON, CAROLE 385.32 dd 10/21/05 BAUMAN, GAYLE 3,434.43 dd 10/21/05 JACKSON, MARY 1,819.77 dd 10/21/05 KELSEY, CONNIE 1,072.29 dd 10/21/05 TETZLAFF,.IUDY 1,819.77 dd 10/21/05 FRY, PATRICIA 1,689.36 dd 10/21/05 GUILFOILE, KAREN 2,883.18 dd 10/21/05 OSTER, ANDREA 1,764.46 dd 10/21/05 CARLE,.IEANETTE 1,633.97 dd 10/21/05 .IAGOE, CAROL 1,631.66 dd 10/21/05 JOHNSON, BONNIE 1,022.16 dd 10/21/05 MECHELKE, SHERRIE 1,056.14 dd 10/21/05 MOY, PAMELA 938.25 dd 10/21/05 OLSON, SANDRA 1,045.80 dd 10/21/05 WEAVER, KRISTINE 1,787.76 dd 10/21/05 BANICK,.IOHN 3,871.15 dd 10/21/05 CORCORAN, THERESA 1,629.35 dd 10/21/05 POWELL, PHILIP 2,267.65 dd 10/21/05 RICHIE, CAROLE 1,636.28 dd 10/21/05 SPANGLER, EDNA 308.00 dd 10/21/05 THOMALLA, DAVID 4,287.27 dd 10/21/05 ABEL, CLINT 2,527.87 dd 10/21/05 ALDRIDGE, MARK 2,615.48 dd 10/21/05 ANDREWS, SCOTT 3,222.47 dd 10/21/05 BAKKE, LONN 2,531.92 dd 10/21/05 BELDE, STANLEY 2,699.16 dd 10/21/05 BIERDEMAN, BRIAN 2,372.60 dd 10/21/05 BOHL,.IOHN 2,577.33 dd 10/21/05 BUSACK, DANIEL 2,373.74 dd 10/21/05 COFFEY, KEVIN 2,126.75 23 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 24 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 10/21/05 CROTTY, KERRY 2,474.71 dd 10/21/05 DOBLAR, RICHARD 3,409.89 dd 10/21/05 DUNN, ALICE 2,437.38 dd 10/21/05 GABRIEL, ANTHONY 1,932.16 dd 10/21/05 HEINZ, STEPHEN 2,634.72 dd 10/21/05 HILBERT, STEVEN 2,943.81 dd 10/21/05 JOHNSON, KEVIN 3,855.93 dd 10/21/05 KALKA, THOMAS 636.28 dd 10/21/05 KARTS, FLINT 3,494.87 dd 10/21/05 KONG, TOMMY 2,438.02 dd 10/21/05 KROLL, BRETT 2,450.00 dd 10/21/05 KVAM, DAVID 3,420.42 dd 10/21/05 LANGNER, TODD 1,599.34 dd 10/21/05 LARSON, DANIEL 402.57 dd 10/21/05 LU,.IOHNNIE 2,857.12 dd 10/21/05 MARINO,.IASON 2,749.98 dd 10/21/05 MARTIN,.IERROLD 2,532.34 dd 10/21/05 MCCARTY, GLEN 2,043.10 dd 10/21/05 METRY, ALESIA 2,539.04 dd 10/21/05 NYE, MICHAEL 1,857.32 dd 10/21/05 OLSON,.IULIE 2,645.16 dd 10/21/05 RABBETT, KEVIN 3,483.05 dd 10/21/05 RHUDE, MATTHEW 1,613.91 dd 10/21/05 STEFFEN, SCOTT 3,057.80 dd 10/21/05 STEINER,.IOSEPH 666.68 dd 10/21/05 SYPNIEWSKI, WILLIAM 1,599.34 dd 10/21/05 SZCZEPANSKI, THOMAS 3,689.00 dd 10/21/05 WENZEL,.IAY 2,385.12 dd 10/21/05 XIONG, KAO 2,285.15 dd 10/21/05 BARTZ, PAUL 3,310.64 dd 10/21/05 BERGERON,.IOSEPH 3,504.51 dd 10/21/05 DUGAS, MICHAEL 3,132.95 dd 10/21/05 ERICKSON, VIRGINIA 2,529.24 dd 10/21/05 FLOR, TIMOTHY 3,469.39 dd 10/21/05 FRASER,.IOHN 2,703.11 dd 10/21/05 LANGNER, SCOTT 2,154.04 dd 10/21/05 PALMA, STEVEN 2,934.24 dd 10/21/05 THEISEN, PAUL 2,312.14 dd 10/21/05 THIENES, PAUL 2,623.21 dd 10/21/05 BECK, PATRICK 1,020.55 dd 10/21/05 BECK, YANCEY 653.04 dd 10/21/05 BECKER, SHANE 1,534.87 dd 10/21/05 CARLSON, BRIAN 1,872.62 dd 10/21/05 DAWSON, RICHARD 2,161.23 dd 10/21/05 DUELLMAN, KIRK 2,054.93 dd 10/21/05 EVERSON,PAUL 2,542.08 24 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 25 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 10/21/05 FITZGERALD, EDWARD 1,035.85 dd 10/21/05 GARZA, BRANDON 785.18 dd 10/21/05 G.IERTSON, MARK 20.44 dd 10/21/05 GOODWIN,.IEFFREY 147.52 dd 10/21/05 HALWEG,.IODI 1,974.37 dd 10/21/05 HEFFERNAN, PATRICK 2,126.83 dd 10/21/05 HEMQUIST, MICHAEL 1,746.13 dd 10/21/05 H.IELLE, ERIK 1,387.65 dd 10/21/05 JOHNSON, DOUGLAS 2,094.12 dd 10/21/05 KNAPP, BRETT 1,792.42 dd 10/21/05 LAW, ROBERT 673.84 dd 10/21/05 MYERS, TODD 1,974.37 dd 10/21/05 NOVAK,.IEROME 2,202.40 dd 10/21/05 NOWICKI, PAUL 2,266.17 dd 10/21/05 OPHEIM,.IOHN 2,046.76 dd 10/21/05 PARSONS, KURT 2,631.89 dd 10/21/05 PETERSON, MARK 892.12 dd 10/21/05 PETERSON, ROBERT 2,261.07 dd 10/21/05 PILLAR, MICHAEL 369.00 dd 10/21/05 PRECHTEL, ROBERT 2,309.68 dd 10/21/05 REYNOSO, ANGEL 919.08 dd 10/21/05 RIEMENSCHNEIDER, RONALD 1,270.67 dd 10/21/05 SCHOLEN, CHRISTOPHER 1,050.50 dd 10/21/05 STANWAY, ROBERT 523.40 dd 10/21/05 SVENDSEN, RONALD 2,446.90 dd 10/21/05 SWARD, WILLIAM 597.16 dd 10/21/05 WATERS,.IOSEPH 2,655.39 dd 10/21/05 WEIDELL, CLIFFORD 394.76 dd 10/21/05 WHELEHAN,ROBERT 1,496.15 dd 10/21/05 GERVAIS -.IR, CLARENCE 2,785.12 dd 10/21/05 BAUER, MICHELLE 1,688.19 dd 10/21/05 FLAUGHER,.IAYME 1,946.70 dd 10/21/05 HERMANSON, CHAD 1,579.41 dd 10/21/05 HUBIN, KENNARD 1,828.25 dd 10/21/05 KNAPP, BRETT 1,699.90 dd 10/21/05 LINN, BRYAN 1,895.20 dd 10/21/05 PACOLT, MARSHA 2,456.34 dd 10/21/05 RABINE,.IANET 1,862.95 dd 10/21/05 STAHNKE,.IULIE 1,876.75 dd 10/21/05 LUKIN, STEVEN 3,899.17 dd 10/21/05 SVENDSEN, RUSTIN 3,125.43 dd 10/21/05 ZWIEG, SUSAN 1,874.78 dd 10/21/05 DOLLERSCHELL, ROBERT 284.84 dd 10/21/05 AHL, R. CHARLES 4,369.68 dd 10/21/05 BREHEIM, ROGER 1,844.37 dd 10/21/05 GROHS,.IUDITH 1,769.08 25 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD M. CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 10/21/05 KONEWKO, DUWAYNE 5,833.57 dd 10/21/05 NIVEN,AMY 1,198.62 dd 10/21/05 PRIEFER, WILLIAM 2,629.38 dd 10/21/05 BRINK, TROY 1,731.89 dd 10/21/05 DEBILZAN, THOMAS 1,839.75 dd 10/21/05 EDGE, DOUGLAS 2,176.05 dd 10/21/05 .ZONES, DONALD 2,176.05 dd 10/21/05 MEYER, GERALD 1,913.79 dd 10/21/05 NAGEL, BRYAN 2,557.89 dd 10/21/05 OSWALD, ERICK 2,365.78 dd 10/21/05 RUNNING, ROBERT 1,812.39 dd 10/21/05 TEVLIN, TODD 2,614.08 dd 10/21/05 DUCHARME,.IOHN 2,345.26 dd 10/21/05 ENGSTROM, ANDREW 1,570.15 dd 10/21/05 ISAKSON, CHAD 103.95 dd 10/21/05 JACOBSON, SCOTT 1,784.50 dd 10/21/05 KNUTSON, LOIS 1,377.82 dd 10/21/05 LABEREE, ERIN 3,051.56 dd 10/21/05 LINDBLOM, RANDAL 2,689.82 dd 10/21/05 PECK, DENNIS 2,352.19 dd 10/21/05 PRIEBE, WILLIAM 2,347.57 dd 10/21/05 VERMEERSCH, CHARLES 2,231.75 dd 10/21/05 ANDERSON, BRUCE 4,062.32 dd 10/21/05 CAREY, HEIDI 2,070.15 dd 10/21/05 HALL, KATHLEEN 1,766.77 dd 10/21/05 LUND, ERIC 300.00 dd 10/21/05 MARUSKA, MARK 2,674.70 dd 10/21/05 NAUGHTON,.IOHN 1,719.75 dd 10/21/05 SCHINDELDECKER,.IAMES 1,842.06 dd 10/21/05 BIESANZ, OAKLEY 1,545.26 dd 10/21/05 HAYMAN,.IANET 996.65 dd 10/21/05 HUTCHINSON, ANN 2,262.70 dd 10/21/05 NELSON,.IEAN 1,069.27 dd 10/21/05 SEEGER, GERALD 590.89 dd 10/21/05 GAYNOR,VIRGINIA 1,975.75 dd 10/21/05 EKSTRAND, THOMAS 3,043.04 dd 10/21/05 KROLL, LISA 1,219.00 dd 10/21/05 LIVINGSTON,.IOYCE 979.01 dd 10/21/05 SINDT, ANDREA 1,647.75 dd 10/21/05 THOMPSON, DEBRA 651.74 dd 10/21/05 YOUNG, TAMELA 1,531.75 dd 10/21/05 FINWALL, SHANN 2,208.00 dd 10/21/05 ROBERTS, KENNETH 2,503.60 dd 10/21/05 CARVER, NICHOLAS 2,770.29 dd 10/21/05 FISHER, DAVID 3,276.22 dd 10/21/05 RICE, MICHAEL 1,954.95 M. CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 27 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 10/21/05 SWAN, DAVID 2,050.95 dd 10/21/05 SWETT, PAUL 1,267.50 dd 10/21/05 WORK, ALICIA 178.50 dd 10/21/05 WORK, ALICIA 237.50 dd 10/21/05 FINN, GREGORY 2,213.26 dd 10/21/05 FRANK, PETER 500.00 dd 10/21/05 GALLANT, CHARLENE 176.00 dd 10/21/05 GALLANT, CHARLENE 198.00 dd 10/21/05 GRAF, MICHAEL 1,941.83 dd 10/21/05 KELLY, LISA 1,320.98 dd 10/21/05 LUSHANKO, ADAM 45.00 dd 10/21/05 OHLHAUSER, MEGHAN 318.75 dd 10/21/05 OHLHAUSER, MEGHAN 312.38 dd 10/21/05 ROBBINS, AUDRA 2,116.03 dd 10/21/05 SHERRILL, CAITLIN 375.00 dd 10/21/05 SHERRILL, CAITLIN 229.50 dd 10/21/05 TAUBMAN, DOUGLAS 2,854.34 dd 10/21/05 UNDERHILL, KRISTEN 300.00 dd 10/21/05 UNDERHILL, KRISTEN 290.00 dd 10/21/05 GERMAIN, DAVID 1,848.99 dd 10/21/05 NORDQUIST, RICHARD 1,875.54 dd 10/21/05 SCHULTZ, SCOTT 2,175.89 dd 10/21/05 ANZALDI, MANDY 1,236.32 dd 10/21/05 COLEMAN, PHILIP 250.00 dd 10/21/05 COLLINS, ASHLEY 128.00 dd 10/21/05 CRAWFORD -.IR, RAYMOND 320.00 dd 10/21/05 CROSSON, LINDA 2,610.43 dd 10/21/05 EVANS, CHRISTINE 740.74 dd 10/21/05 HOFMEISTER, MARY 737.54 dd 10/21/05 PEL000IN, PENNYE 499.62 dd 10/21/05 SCHMIDT, RUSSELL 2,026.22 dd 10/21/05 SCHULZE, BRIAN 681.98 dd 10/21/05 STAPLES, PAULINE 2,968.83 dd 10/21/05 ZIELINSKEJUDY 46.25 dd 10/21/05 ABRAHAMSON, DANIEL 111.75 dd 10/21/05 ANDREA,.IOHANNA 48.94 dd 10/21/05 BENDTSEN, LISA 69.65 dd 10/21/05 BRENEMAN, NEIL 359.95 dd 10/21/05 BUCKLEY, BRITTANY 35.75 dd 10/21/05 DUNN, RYAN 660.75 dd 10/21/05 ERICKSON- CLARK, CAROL 90.40 dd 10/21/05 ESTRADA, KIEL 96.00 dd 10/21/05 EVANS, KRISTIN 105.00 dd 10/21/05 FIERRO WESTBERG, MELINDA 59.50 dd 10/21/05 FONTAINE, KIM 813.83 dd 10/21/05 HORWATH, RONALD 1,996.55 27 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 10/21/05 KERSCHNER,.IOLENE 577.95 dd 10/21/05 KOEHNEN, AMY 100.20 dd 10/21/05 KOEHNEN, MARY 1,366.64 dd 10/21/05 KRONHOLM, KATHRYN 446.99 dd 10/21/05 MATHEWS, LEAH 59.50 dd 10/21/05 NELSON, SIERRA 136.00 dd 10/21/05 OVERBY,ANNA 80.00 dd 10/21/05 PROESCH, ANDY 471.78 dd 10/21/05 SCHULTZ, MATTHEW 22.75 dd 10/21/05 SMITH, ANN 168.75 dd 10/21/05 TRUE, CAROLINE 52.80 dd 10/21/05 TUPY, HEIDE 161.60 dd 10/21/05 TUPY, MARCUS 241.50 dd 10/21/05 WERNER, REBECCA 63.00 dd 10/21/05 GROPPOLI, LINDA 319.20 dd 10/21/05 BEHAN,.IAMES 1,718.61 dd 10/21/05 LONETTEJAMES 1,046.82 dd 10/21/05 PATTERSON,ALBERT 1,085.24 dd 10/21/05 PRINS, KELLY 988.62 dd 10/21/05 REILLY, MICHAEL 1,626.95 dd 10/21/05 SCHOENECKER, LEIGH 161.93 dd 10/21/05 AICHELE, CRAIG 1,885.36 dd 10/21/05 PRIEM, STEVEN 2,126.26 dd 10/21/05 WOEHRLE, MATTHEW 1,557.35 dd 10/21/05 BERGO, CHAD 2,276.71 dd 10/21/05 FOWLDS, MYCHAL 2,085.54 dd 10/21/05 FRANZEN, NICHOLAS 1,757.69 dd 10/21/05 HURLEY, STEPHEN 3,276.22 wf 2039 10110105 FARLEY,.IAMIE 510.00 wf 102818 10/21/05 JAHN, DAVID 1,592.46 wf 102819 10/21/05 MORIN,TROY 153.00 wf 102820 10/21/05 MORSON,.IOHN 396.00 wf 102821 10/21/05 MATHEYS, ALANA 1,999.02 wf 102822 10/21/05 HANSEN, LORI 1,869.94 wf 102823 10/21/05 PALANK, MARY 1,631.66 wf 102824 10/21/05 SVENDSEN,.IOANNE 2,049.25 wf 102825 10/21/05 SHORTREED, MICHAEL 3,839.83 wf 102826 10/21/05 WELCHLIN, CABOT 2,418.62 wf 102827 10/21/05 ACOSTA, MARK 1,074.65 wf 102828 10/21/05 AMBORN,.IASON 1,117.17 wf 102829 10/21/05 ANDERSON, BRIAN 1,781.12 wf 102830 10/21/05 BAHL, DAVID 1,331.65 wf 102831 10/21/05 BAUMAN,ANDREW 872.97 wf 102832 10/21/05 BOURQUIN, RON 1,461.11 wf 102833 10/21/05 BUCHE,.IOETTE 2,075.54 wf 102834 10/21/05 CAPISTRANT,.IOHN 820.52 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 9 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 102835 10/21/05 CARLSON, CAMERON 507.20 wf 102836 10/21/05 CAVE, GEORGE 650.81 wf 102837 10/21/05 CHRISTENSEN, CHARLES 3.08 wf 102838 10/21/05 CRAWLEY, BRIAN 16.52 wf 102839 10/21/05 CROMETT, MARK 1,354.43 wf 102840 10/21/05 DIETZ, EDWARD 883.90 wf 102841 10/21/05 DITTEL, MICHAEL 1,390.63 wf 102842 10/21/05 DUELLMAN, AMY 1,068.77 wf 102843 10/21/05 DUELLMAN,.IOSEPH 333.00 wf 102844 10/21/05 FASULO, WALTER 1,151.41 wf 102845 10/21/05 FETTERS,.IEFFREY 16.24 wf 102846 10/21/05 GERARD,.IAMIE 1,995.99 wf 102847 10/21/05 HAKSETH, NATHAN 1,382.13 wf 102848 10/21/05 HALE,.IOSEPH 1,229.51 wf 102849 10/21/05 HERLUND, RICK 1,615.20 wf 102850 10/21/05 HUTCHINSON,.IAMES 1,067.02 wf 102851 10/21/05 KALKA, THOMAS 1,894.03 wf 102852 10/21/05 KANE, ROBERT 2,622.72 wf 102853 10/21/05 KARNOWSKI, SANDRA 2,848.96 wf 102854 10/21/05 KOEHN, CORY 564.50 wf 102855 10/21/05 KONDER, RONALD 1,116.57 wf 102856 10/21/05 KORTUS, WILLIAM 990.56 wf 102857 10/21/05 LIDBERG, MICHAEL 1,296.28 wf 102858 10/21/05 LINN, BRYAN 10.08 wf 102859 10/21/05 LOCHEN, MICHAEL 1,942.50 wf 102860 10/21/05 MALLORY, GORDON 1,906.61 wf 102861 10/21/05 MARTY, MARK 4,218.41 wf 102862 10/21/05 MATTS,.IEREMY 4.20 wf 102863 10/21/05 MCGOVERN,.IOHN 1,046.56 wf 102864 10/21/05 MELANDER,.ION 2,125.55 wf 102865 10/21/05 MELLEN, RICHARD 1,615.51 wf 102866 10/21/05 MILLER, NICHOLAS 967.20 wf 102867 10/21/05 MONK,.IOHN 356.25 wf 102868 10/21/05 NALIPINSKI, STEPHEN 1,004.40 wf 102869 10/21/05 NOLAN, PAUL 1,480.75 wf 102870 10/21/05 QUIST,.IESSE 3.36 wf 102871 10/21/05 RAVENWALD, CORINNE 1,470.32 wf 102872 10/21/05 RICE, DANIEL 1,292.71 wf 102873 10/21/05 RIDER,.IEFFREY 1,485.08 wf 102874 10/21/05 ROBERTSON, STEVEN 773.92 wf 102875 10/21/05 ROMANIK,.IAMES 1,766.02 wf 102876 10/21/05 SACKETT,.IAMES 899.98 wf 102877 10/21/05 SCHADT,.IEFFREY 772.92 wf 102878 10/21/05 SCHULTZ, THOMAS 378.39 wf 102879 10/21/05 SEDLACEK,.IEFFREY 7.70 wf 102880 10/21/05 SINGER, SCOTT 4.62 9 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Z CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 102881 10/21/05 SKOK, STEPHEN 1,206.07 wf 102882 10/21/05 SMITH, RICHARD 561.64 wf 102883 10/21/05 SOLHEID, DALE 801.68 wf 102884 10/21/05 STELLA,.IAMES 1,279.95 wf 102885 10/21/05 STENE, MARK 1,025.83 wf 102886 10/21/05 WHITE,.IOEL 979.59 wf 102887 10/21/05 FREBERG, RONALD 1,912.10 wf 102888 10/21/05 .IAROSCH,.IONATHAN 408.00 wf 102889 10/21/05 EDSON,DAVID 1,878.96 wf 102890 10/21/05 HELEY, ROLAND 1,877.88 wf 102891 10/21/05 HINNENKAMP, GARY 1,852.71 wf 102892 10/21/05 LINDORFF, DENNIS 1,844.37 wf 102893 10/21/05 NOVAK, MICHAEL 1,804.55 wf 102894 10/21/05 BERGREN, KIRSTEN 146.25 wf 102895 10/21/05 GERNES, CAROLE 272.50 wf 102896 10/21/05 SOUTTER, CHRISTINE 685.94 wf 102897 10/21/05 DANNER, BRENDA 384.76 wf 102898 10/21/05 ALMQUIST, DEANNA 96.00 wf 102899 10/21/05 BAKER, BRITTANY 48.00 wf 102900 10/21/05 BERGER, STEPHANIE 142.00 wf 102900 10/21/05 BERGER, STEPHANIE 176.00 wf 102901 10/21/05 ERICKSON, AMY 96.00 wf 102901 10/21/05 ERICKSON, AMY 72.00 wf 102902 10/21/05 FRANK, STEVE 280.00 wf 102903 10/21/05 GREER, ABIGAIL 60.00 wf 102903 10/21/05 GREER, ABIGAIL 48.00 wf 102904 10/21/05 HANSEN, ALEXANDER 13.00 wf 102905 10/21/05 HOBBS, KENDRA 72.00 wf 102906 10/21/05 JOHNSON, ALEXANDER 39.00 wf 102907 10/21/05 KLEM,.IOSH 20.00 wf 102908 10/21/05 KOHLMAN,.IENNIFER 51.20 wf 102908 10/21/05 KOHLMAN,.IENNIFER 76.80 wf 102909 10/21/05 KYRK, HALEY 102.00 wf 102910 10/21/05 LANG, THOMAS 60.00 wf 102911 10/21/05 LIUKONEN, MATTHEW 37.50 wf 102912 10/21/05 LO, CHUEPHENG 120.00 wf 102913 10/21/05 MERRITT, MICHAEL 33.00 wf 102914 10/21/05 NYBERG, MICHELLE 156.00 wf 102915 10/21/05 OLSON, KRISTIN 48.00 wf 102915 10/21/05 OLSON, KRISTIN 36.00 wf 102916 10/21/05 PREW, WILLIAM 108.00 wf 102917 10/21/05 SHOBERG, KART 76.31 wf 102917 10/21/05 SHOBERG, KART 55.69 wf 102918 10/21/05 HAAG, MARK 1,882.25 wf 102919 10/21/05 NADEAU, EDWARD 2,972.99 wf 102920 10/21/05 GLASS,.IEAN 1,814.45 Z CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 31 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 102921 10/21/05 HER, CHONG 385.00 wf 102922 10/21/05 NAGEL, BROOKE 213.68 wf 102923 10/21/05 TOLBERT, FRANCINE 250.00 wf 102924 10/21/05 ANDERSON, CALEB 9.50 wf 102925 10/21/05 ANDERSON,.IOSHUA 97.50 wf 102926 10/21/05 ANDERSON,.IUSTIN 97.50 wf 102927 10/21/05 ANDERSON, RYAN 32.50 wf 102928 10/21/05 ARNEVIK, ERICA 35.00 wf 102929 10/21/05 BOTHWELL, ERINN 62.70 wf 102930 10/21/05 BOTHWELL, KRISTIN 137.48 wf 102931 10/21/05 BRENEMAN, SEAN 156.40 wf 102932 10/21/05 BRUSOE, CRISTINA 84.50 wf 102933 10/21/05 CLARK, PAMELA 68.00 wf 102934 10/21/05 COSTA,.IOSEPH 365.63 wf 102935 10/21/05 DEMPSEY, BETH 116.50 wf 102936 10/21/05 FENGER,.IUSTIN 237.15 wf 102937 10/21/05 GRANT, MELISSA 32.70 wf 102938 10/21/05 GRUEN IAGEN, LINDA 600.75 wf 102939 10/21/05 HAGSTROM, EMILY 125.50 wf 102940 10/21/05 HEINN, REBECCA 96.00 wf 102941 10/21/05 LEMAY, KATHERINE 79.31 wf 102942 10/21/05 LUTZ, CHRISTINA 160.38 wf 102943 10/21/05 MCCANN, NATALIE 103.00 wf 102944 10/21/05 MELLEN, CHRISTOPHER 23.63 wf 102945 10/21/05 MORIS, RACHEL 23.63 wf 102946 10/21/05 NWANOKWALE, MORDY 100.75 wf 102947 10/21/05 PETERSON, ANNA 51.00 wf 102948 10/21/05 RICHTER, NANCY 136.00 wf 102949 10/21/05 ROSTRON, ROBERT 37.38 wf 102950 10/21/05 RYDEEN, ARIEL 158.40 wf 102951 10/21/05 SCHMIDT, EMILY 108.13 wf 102952 10/21/05 SCHOENECKER, SAMANTHA 54.40 wf 102953 10/21/05 SCHOMMER, SUMMERS 68.75 wf 102954 10/21/05 SCHRAMM, BRITTANY 85.00 wf 102955 10/21/05 SCHREINER, MICHELLE 207.10 wf 102956 10/21/05 SMITLEY, SHARON 383.20 wf 102957 10/21/05 STAHNKE, AMY 210.35 wf 102958 10/21/05 WARNER, CAROLYN 191.60 wf 102959 10/21/05 WEDES, CARYL 140.10 wf 102960 10/21/05 WELTER, ELIZABETH 154.00 wf 102961 10/21/05 WHITE, NICOLE 814.77 wf 102962 10/21/05 WILLIAMS, KRISTINE 86.13 wf 102963 10/21/05 WOLFGRAM, MARY 65.00 wf 102964 10/21/05 WOODMAN, ALICE 207.20 wf 102965 10/21/05 BOSLEY, CAROL 294.30 wf 102966 10/21/05 LEWIS, AMY 115.50 31 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 102967 10/21/05 OIL, REBECCA 38.59 wf 102968 10/21/05 PARAYNO, GUAI 238.03 wf 102969 10/21/05 SATTLER, MELINDA 89.10 wf 102970 10/21/05 VAN HALE, PAULA 167.70 wf 102971 10/21/05 ANDERSON, MATT 113.05 wf 102972 10/21/05 BALDWIN,.IANA 63.30 wf 102973 10/21/05 BERLIN, SARAH 101.60 wf 102974 10/21/05 BIRKHOLZ, TYLER 120.65 wf 102975 10/21/05 BOYD, DANIEL 44.45 wf 102976 10/21/05 DOUGLASS, TOM 1,269.17 wf 102977 10/21/05 GADOW, ANNA 50.80 wf 102978 10/21/05 HER, PHENG 200.45 wf 102979 10/21/05 O'GRADY, VICTORIA 90.35 wf 102980 10/21/05 SIMPSON,.IOSEPH 103.60 wf 102981 10/21/05 SIMPSON, KIMBERLYN 132.05 wf 102982 10/21/05 THEESFELD, CALEB 83.40 wf 102983 10/21/05 YANG, HUE 25.40 wf 102984 10/21/05 YANG, KAY 118.15 wf 102985 10/21/05 YANG, TIM 56.53 wf 102986 10/21/05 VUE, FOR PAO 200.03 554,101.37 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 33 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 11/04/05 CARDINAL, ROBERT 422.42 dd 11/04/05 .IUENEMANN, KATHLEEN 371.77 dd 11/04/05 KOPPEN, MARVIN 371.77 dd 11/04/05 ROSSBACH, WILLIAM 371.77 dd 11/04/05 COLEMAN, MELINDA 4,271.10 dd 11/04/05 DARST, ROBERTA 1,729.33 dd 11/04/05 FURSMAN, RICHARD 5,053.62 dd 11/04/05 FARR, LARRY 1,767.48 dd 11/04/05 SWANSON, LYLE 1,662.77 dd 11/04/05 LE,.IENNIFER 175.50 dd 11/04/05 LE, SHERYL 4,126.34 dd 11/04/05 MORSON,.IOHN 704.00 dd 11/04/05 RAMEAUX, THERESE 2,549.46 dd 11/04/05 FAUST, DANIEL 4,291.97 dd 11/04/05 SCHMIDT, DEBORAH 1,456.56 dd 11/04/05 ANDERSON, CAROLE 219.05 dd 11/04/05 BAUMAN, GAYLE 3,434.43 dd 11/04/05 JACKSON, MARY 1,819.77 dd 11/04/05 KELSEY, CONNIE 805.43 dd 11/04/05 TETZLAFF,.IUDY 1,819.78 dd 11/04/05 FRY, PATRICIA 1,689.36 dd 11/04/05 GUILFOILE, KAREN 3,008.18 dd 11/04/05 OSTER, ANDREA 1,764.46 dd 11/04/05 CARLE,.IEANETTE 1,685.93 dd 11/04/05 .IAGOE, CAROL 1,631.66 dd 11/04/05 JOHNSON, BONNIE 1,039.46 dd 11/04/05 MECHELKE, SHERRIE 1,068.33 dd 11/04/05 MOY, PAMELA 795.98 dd 11/04/05 OLSON, SANDRA 1,167.02 dd 11/04/05 WEAVER, KRISTINE 1,787.76 dd 11/04/05 BANICK,.IOHN 3,871.15 dd 11/04/05 CORCORAN, THERESA 1,629.35 dd 11/04/05 POWELL, PHILIP 2,267.65 dd 11/04/05 RICHIE, CAROLE 1,680.82 dd 11/04/05 SPANGLER, EDNA 308.00 dd 11/04/05 THOMALLA, DAVID 4,287.27 dd 11/04/05 ABEL, CLINT 2,406.51 dd 11/04/05 ALDRIDGE, MARK 2,833.88 dd 11/04/05 ANDREWS, SCOTT 3,335.21 dd 11/04/05 BAKKE, LONN 2,566.24 dd 11/04/05 BELDE, STANLEY 2,703.53 dd 11/04/05 BIERDEMAN, BRIAN 2,573.71 dd 11/04/05 BOHL,.IOHN 2,690.69 dd 11/04/05 BUSACK, DANIEL 2,416.60 33 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 34 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 11/04/05 COFFEY, KEVIN 2,089.31 dd 11/04/05 CROTTY, KERRY 2,474.71 dd 11/04/05 DOBLAR, RICHARD 3,348.54 dd 11/04/05 DUNN, ALICE 2,808.66 dd 11/04/05 GABRIEL, ANTHONY 2,498.08 dd 11/04/05 HEINZ, STEPHEN 3,088.17 dd 11/04/05 HILBERT, STEVEN 2,855.72 dd 11/04/05 JOHNSON, KEVIN 3,052.66 dd 11/04/05 KALKA, THOMAS 636.28 dd 11/04/05 KARTS, FLINT 3,468.60 dd 11/04/05 KONG, TOMMY 2,298.74 dd 11/04/05 KROLL, BRETT 2,503.57 dd 11/04/05 KVAM, DAVID 3,420.42 dd 11/04/05 LANGNER, TODD 1,599.34 dd 11/04/05 LARSON, DANIEL 402.57 dd 11/04/05 LU,.IOHNNIE 2,767.84 dd 11/04/05 MARINO,.IASON 2,482.14 dd 11/04/05 MARTIN,.IERROLD 2,442.49 dd 11/04/05 MCCARTY, GLEN 2,043.10 dd 11/04/05 METRY, ALESIA 2,580.65 dd 11/04/05 NYE, MICHAEL 1,921.19 dd 11/04/05 OLSON,.IULIE 2,470.16 dd 11/04/05 RABBETT, KEVIN 3,483.05 dd 11/04/05 RHUDE, MATTHEW 1,715.86 dd 11/04/05 STEFFEN, SCOTT 3,111.03 dd 11/04/05 STEINER,.IOSEPH 666.68 dd 11/04/05 SYPNIEWSKI, WILLIAM 1,599.34 dd 11/04/05 SZCZEPANSKI, THOMAS 2,532.70 dd 11/04/05 WENZEL,.IAY 2,706.53 dd 11/04/05 XIONG, KAO 2,347.56 dd 11/04/05 BARTZ, PAUL 2,807.23 dd 11/04/05 BERGERON,.IOSEPH 3,307.03 dd 11/04/05 DUGAS, MICHAEL 2,980.07 dd 11/04/05 ERICKSON, VIRGINIA 2,529.24 dd 11/04/05 FLOR, TIMOTHY 2,775.99 dd 11/04/05 FRASER,.IOHN 2,946.48 dd 11/04/05 LANGNER, SCOTT 2,154.04 dd 11/04/05 PALMA, STEVEN 2,715.20 dd 11/04/05 THEISEN, PAUL 2,154.04 dd 11/04/05 THIENES, PAUL 2,540.94 dd 11/04/05 CARLSON, BRIAN 1,943.85 dd 11/04/05 DAWSON, RICHARD 2,233.04 dd 11/04/05 DUELLMAN, KIRK 2,111.05 dd 11/04/05 EVERSON,PAUL 2,190.98 dd 11/04/05 HALWEG,.IODI 1,898.06 dd 11/04/05 JOHNSON, DOUGLAS 2,105.12 34 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 35 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 11/04/05 MYERS, TODD 2,096.49 dd 11/04/05 NOVAK,.IEROME 2,276.65 dd 11/04/05 PARSONS, KURT 2,158.31 dd 11/04/05 PETERSON, ROBERT 2,329.30 dd 11/04/05 PRECHTEL, ROBERT 2,998.25 dd 11/04/05 SVENDSEN, RONALD 2,394.70 dd 11/04/05 GERVAIS -.IR, CLARENCE 2,785.12 dd 11/04/05 BAUER, MICHELLE 1,939.08 dd 11/04/05 FLAUGHER,.IAYME 1,964.79 dd 11/04/05 HERMANSON, CHAD 1,665.66 dd 11/04/05 HUBIN, KENNARD 1,614.95 dd 11/04/05 KNAPP, BRETT 1,558.15 dd 11/04/05 LINN, BRYAN 1,895.20 dd 11/04/05 PACOLT, MARSHA 2,456.34 dd 11/04/05 RABINE,.IANET 1,862.95 dd 11/04/05 SCHAULS, ADAM 136.50 dd 11/04/05 STAHNKE,.IULIE 1,877.35 dd 11/04/05 LUKIN, STEVEN 3,899.17 dd 11/04/05 SVENDSEN, RUSTIN 3,125.43 dd 11/04/05 ZWIEG, SUSAN 1,762.15 dd 11/04/05 DOLLERSCHELL, ROBERT 284.84 dd 11/04/05 AHL, R. CHARLES 4,544.72 dd 11/04/05 BREHEIM, ROGER 1,844.37 dd 11/04/05 GROHS,.IUDITH 1,769.08 dd 11/04/05 KONEWKO, DUWAYNE 2,970.52 dd 11/04/05 NIVEN,AMY 1,208.32 dd 11/04/05 PRIEFER, WILLIAM 2,629.38 dd 11/04/05 BRINK, TROY 1,670.95 dd 11/04/05 DEBILZAN, THOMAS 1,839.75 dd 11/04/05 EDGE, DOUGLAS 1,863.75 dd 11/04/05 .ZONES, DONALD 1,855.75 dd 11/04/05 MEYER, GERALD 1,913.79 dd 11/04/05 NAGEL, BRYAN 2,298.96 dd 11/04/05 OSWALD, ERICK 2,133.36 dd 11/04/05 RUNNING, ROBERT 1,748.55 dd 11/04/05 TEVLIN, TODD 1,729.75 dd 11/04/05 DUCHARME,.IOHN 2,345.27 dd 11/04/05 ENGSTROM, ANDREW 1,608.15 dd 11/04/05 ISAKSON, CHAD 196.35 dd 11/04/05 JACOBSON, SCOTT 1,698.77 dd 11/04/05 KNUTSON, LOIS 1,377.82 dd 11/04/05 LABEREE, ERIN 2,798.30 dd 11/04/05 LINDBLOM, RANDAL 2,625.22 dd 11/04/05 PECK, DENNIS 2,352.19 dd 11/04/05 PRIEBE, WILLIAM 2,347.57 dd 11/04/05 VERMEERSCH, CHARLES 2,231.75 35 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD Z CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 11/04/05 ANDERSON, BRUCE 4,237.32 dd 11/04/05 CAREY, HEIDI 2,070.15 dd 11/04/05 HALL, KATHLEEN 1,766.77 dd 11/04/05 LUND, ERIC 252.00 dd 11/04/05 MARUSKA, MARK 2,674.70 dd 11/04/05 NAUGHTON,.IOHN 1,719.75 dd 11/04/05 SCHINDELDECKER,.IAMES 1,842.06 dd 11/04/05 BIESANZ, OAKLEY 1,545.26 dd 11/04/05 HAYMAN,.IANET 1,406.69 dd 11/04/05 HUTCHINSON, ANN 2,262.70 dd 11/04/05 NELSON,.IEAN 1,128.64 dd 11/04/05 SEEGER, GERALD 624.63 dd 11/04/05 GAYNOR,VIRGINIA 2,023.99 dd 11/04/05 EKSTRAND, THOMAS 3,043.04 dd 11/04/05 KROLL, LISA 1,228.24 dd 11/04/05 LIVINGSTON,.IOYCE 979.01 dd 11/04/05 SINDT, ANDREA 1,647.75 dd 11/04/05 THOMPSON, DEBRA 815.01 dd 11/04/05 YOUNG, TAMELA 1,523.75 dd 11/04/05 FINWALL, SHANN 2,208.00 dd 11/04/05 ROBERTS, KENNETH 2,525.79 dd 11/04/05 CARVER, NICHOLAS 2,770.29 dd 11/04/05 FISHER, DAVID 3,276.22 dd 11/04/05 RICE, MICHAEL 1,954.95 dd 11/04/05 SWAN, DAVID 2,050.95 dd 11/04/05 SWETT, PAUL 504.00 dd 11/04/05 WORK, ALICIA 218.89 dd 11/04/05 FINN, GREGORY 2,213.26 dd 11/04/05 FRANK, PETER 250.00 dd 11/04/05 GALLANT, CHARLENE 210.00 dd 11/04/05 GRAF, MICHAEL 1,941.83 dd 11/04/05 KELLY, LISA 1,316.03 dd 11/04/05 OHLHAUSER, MEGHAN 318.76 dd 11/04/05 ROBBINS, AUDRA 2,116.03 dd 11/04/05 SHERRILL, CAITLIN 317.25 dd 11/04/05 TAUBMAN, DOUGLAS 2,854.34 dd 11/04/05 UNDERHILL, KRISTEN 238.00 dd 11/04/05 GERMAIN, DAVID 1,848.99 dd 11/04/05 NORDQUIST, RICHARD 1,839.75 dd 11/04/05 SCHULTZ, SCOTT 2,127.93 dd 11/04/05 ANZALDI, MANDY 1,356.34 dd 11/04/05 COLEMAN, PHILIP 245.00 dd 11/04/05 COLLINS, ASHLEY 124.00 dd 11/04/05 CRAWFORD -.IR, RAYMOND 103.00 dd 11/04/05 CROSSON, LINDA 2,610.43 dd 11/04/05 EVANS, CHRISTINE 662.90 Z CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 37 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT dd 11/04/05 HOFMEISTER, MARY 711.27 dd 11/04/05 PEL000IN, PENNYE 416.74 dd 11/04/05 SCHMIDT, RUSSELL 2,026.22 dd 11/04/05 SCHULZE, BRIAN 717.52 dd 11/04/05 STAPLES, PAULINE 2,940.03 dd 11/04/05 ZIELINSKEJUDY 55.50 dd 11/04/05 BENDTSEN, LISA 69.65 dd 11/04/05 BRENEMAN, NEIL 422.14 dd 11/04/05 BRUSOE, CRISTINA 97.50 dd 11/04/05 BUCKLEY, BRITTANY 68.25 dd 11/04/05 DUNN, RYAN 759.15 dd 11/04/05 ERICKSON- CLARK, CAROL 90.40 dd 11/04/05 EVANS, KRISTIN 105.00 dd 11/04/05 FIERRO WESTBERG, MELINDA 83.30 dd 11/04/05 FONTAINE, KIM 806.54 dd 11/04/05 HORWATH, RONALD 1,996.55 dd 11/04/05 KERSCHNER,.IOLENE 533.60 dd 11/04/05 KOEHNEN, AMY 75.15 dd 11/04/05 KOEHNEN, MARY 1,374.87 dd 11/04/05 KRONHOLM, KATHRYN 510.83 dd 11/04/05 MATHEWS, LEAH 45.50 dd 11/04/05 NELSON, SIERRA 155.50 dd 11/04/05 OVERBY,ANNA 60.00 dd 11/04/05 PROESCH, ANDY 324.04 dd 11/04/05 SCHULTZ, MATTHEW 45.50 dd 11/04/05 SMITH, ANN 285.94 dd 11/04/05 TRUE, CAROLINE 39.60 dd 11/04/05 TUPY, HEIDE 101.00 dd 11/04/05 TUPY, MARCUS 215.25 dd 11/04/05 WERNER, REBECCA 63.00 dd 11/04/05 GROPPOLI, LINDA 331.20 dd 11/04/05 BEHAN,.IAMES 1,718.62 dd 11/04/05 LONETTEJAMES 1,046.82 dd 11/04/05 PATTERSON,ALBERT 1,085.24 dd 11/04/05 PRINS, KELLY 988.62 dd 11/04/05 REILLY, MICHAEL 1,626.95 dd 11/04/05 SCHOENECKER, LEIGH 163.51 dd 11/04/05 AICHELE, CRAIG 1,909.11 dd 11/04/05 PRIEM, STEVEN 2,069.35 dd 11/04/05 WOEHRLE, MATTHEW 1,559.51 dd 11/04/05 BERGO, CHAD 2,276.71 dd 11/04/05 FOWLDS, MYCHAL 2,085.54 dd 11/04/05 FRANZEN, NICHOLAS 1,932.95 dd 11/04/05 HURLEY, STEPHEN 3,401.22 wf 103002 11/04/05 WORKMAN, ROBERT 50.00 wf 103003 11/04/05 JAHN, DAVID 1,592.46 37 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD S: CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 103004 11/04/05 MORIN,TROY 195.50 wf 103005 11/04/05 MATHEYS, ALANA 1,999.02 wf 103006 11/04/05 HANSEN, LORI 1,969.35 wf 103007 11/04/05 PALANK, MARY 1,631.66 wf 103008 11/04/05 SVENDSEN,.IOANNE 2,098.41 wf 103009 11/04/05 SHORTREED, MICHAEL 3,977.05 wf 103010 11/04/05 WELCHLIN, CABOT 2,429.96 wf 103011 11/04/05 BAUMAN,ANDREW 176.00 wf 103012 11/04/05 FREBERG, RONALD 2,111.20 wf 103013 11/04/05 .IAROSCH,.IONATHAN 231.20 wf 103014 11/04/05 EDSON,DAVID 1,877.88 wf 103015 11/04/05 HELEY, ROLAND 1,877.88 wf 103016 11/04/05 HINNENKAMP, GARY 1,861.35 wf 103017 11/04/05 LINDORFF, DENNIS 1,844.37 wf 103018 11/04/05 NOVAK, MICHAEL 1,804.55 wf 103019 11/04/05 BERGREN, KIRSTEN 73.13 wf 103020 11/04/05 GERNES, CAROLE 251.75 wf 103021 11/04/05 SOUTTER, CHRISTINE 541.25 wf 103022 11/04/05 DANNER, BRENDA 523.14 wf 103023 11/04/05 BAKER, BRITTANY 36.00 wf 103024 11/04/05 BERGER, STEPHANIE 188.00 wf 103025 11/04/05 ERICKSON, AMY 36.00 wf 103026 11/04/05 FRANK, STEVE 80.00 wf 103027 11/04/05 GRAF, ASHLEY 102.00 wf 103028 11/04/05 HOBBS, KENDRA 36.00 wf 103029 11/04/05 JOHNSON, ALEXANDER 26.00 wf 103030 11/04/05 KLEM,.IOSH 60.00 wf 103031 11/04/05 KOHLMAN,.IENNIFER 54.00 wf 103032 11/04/05 KYRK, HALEY 66.00 wf 103033 11/04/05 LO, CHUEPHENG 40.00 wf 103034 11/04/05 NYBERG, MICHELLE 48.00 wf 103035 11/04/05 OLSON, KRISTIN 48.00 wf 103036 11/04/05 SHOBERG, KART 162.94 wf 103037 11/04/05 SWANSON, AMANDA 68.00 wf 103038 11/04/05 HAAG, MARK 1,770.15 wf 103039 11/04/05 NADEAU, EDWARD 2,972.99 wf 103040 11/04/05 DREWES, DEENA 48.10 wf 103041 11/04/05 GLASS,.IEAN 1,814.45 wf 103042 11/04/05 HER, CHONG 385.00 wf 103043 11/04/05 NAGEL, BROOKE 350.35 wf 103044 11/04/05 SHEA,.IENNIFER 15.80 wf 103045 11/04/05 TOLBERT, FRANCINE 364.00 wf 103046 11/04/05 ANDERSON, CALEB 19.00 wf 103047 11/04/05 ANDERSON,.IOSHUA 136.89 wf 103048 11/04/05 ANDERSON,.IUSTIN 155.73 wf 103049 11/04/05 ARNEVIK, ERICA 17.50 S: CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 0 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 103050 11/04/05 BRENEMAN, SEAN 142.00 wf 103051 11/04/05 CLARK, PAMELA 82.00 wf 103052 11/04/05 COSTA,.IOSEPH 201.68 wf 103053 11/04/05 DEMPSEY, BETH 163.10 wf 103054 11/04/05 FENGER,.IUSTIN 280.45 wf 103055 11/04/05 GRANT, MELISSA 327.10 wf 103056 11/04/05 GRUEN IAGEN, LINDA 624.70 wf 103057 11/04/05 HAGSTROM, EMILY 247.63 wf 103058 11/04/05 HEINN, REBECCA 96.00 wf 103059 11/04/05 LEMAY, KATHERINE 119.50 wf 103060 11/04/05 LUTZ, CHRISTINA 141.00 wf 103061 11/04/05 MCCANN, NATALIE 85.50 wf 103062 11/04/05 MELLEN, CHRISTOPHER 23.63 wf 103063 11/04/05 MORIS, RACHEL 60.75 wf 103064 11/04/05 NWANOKWALE, MORDY 133.25 wf 103065 11/04/05 PETERSON, ANNA 79.90 wf 103066 11/04/05 RICHTER, NANCY 51.00 wf 103067 11/04/05 RYDEEN, ARIEL 84.60 wf 103068 11/04/05 SCHMIDT, EMILY 171.93 wf 103069 11/04/05 SCHOMMER, SUMMERS 44.38 wf 103070 11/04/05 SCHRAMM, BRITTANY 72.00 wf 103071 11/04/05 SCHREINER, MICHELLE 198.12 wf 103072 11/04/05 SIMPSON, KIMBERLYN 147.00 wf 103073 11/04/05 SIVALD, SHANNON 36.25 wf 103074 11/04/05 SMITLEY, SHARON 383.20 wf 103075 11/04/05 STAHNKE, AMY 193.30 wf 103076 11/04/05 WARNER, CAROLYN 239.50 wf 103077 11/04/05 WEDES, CARYL 140.10 wf 103078 11/04/05 WELTER, ELIZABETH 151.25 wf 103079 11/04/05 WHITE, NICOLE 759.86 wf 103080 11/04/05 WILLIAMS, KRISTINE 45.50 wf 103081 11/04/05 WOLFGRAM, MARY 120.25 wf 103082 11/04/05 WOODMAN, ALICE 184.80 wf 103083 11/04/05 BOSLEY, CAROL 310.50 wf 103084 11/04/05 BREITBACH, GARY 588.00 wf 103085 11/04/05 LEWIS, AMY 78.75 wf 103086 11/04/05 ODDEN,.IESSICA 9.19 wf 103087 11/04/05 OIL, REBECCA 131.88 wf 103088 11/04/05 PARAYNO, GUAI 261.73 wf 103089 11/04/05 SATTLER, MELINDA 79.20 wf 103090 11/04/05 STODGHILL, AMANDA 230.63 wf 103091 11/04/05 VAN HALE, PAULA 150.15 wf 103092 11/04/05 ANDERSON, MATT 91.44 wf 103093 11/04/05 BALDWIN,.IANA 33.01 wf 103094 11/04/05 BERLIN, SARAH 61.91 wf 103095 11/04/05 BIRKHOLZ, TYLER 61.91 0 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 40 CHECK 4 CHECK DATE EMPLOYEE NAME AMOUNT wf 103096 11/04/05 BOYD, DANIEL 30.16 wf 103097 11/04/05 DOUGLASS, TOM 1,149.92 wf 103098 11/04/05 GADOW, ANNA 84.14 wf 103099 11/04/05 HER, PHENG 307.70 wf 103100 11/04/05 O'GRADY, VICTORIA 130.31 wf 103101 11/04/05 OLSON, CHRISTINE 4.99 wf 103102 11/04/05 SIMPSON,.IOSEPH 68.16 wf 103103 11/04/05 THEESFELD, CALEB 33.01 wf 103104 11/04/05 YANG, HUE 93.66 wf 103105 11/04/05 YANG, KAY 123.36 wf 103106 11/04/05 YANG, TIM 189.53 wf 103107 11/04/05 VUE, FOR PAO 58.74 wf 103108 11/04/05 XIONG, HLAO 33.34 450,954.73 40 Agenda G - 2 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: November 5, 2005 RE: Lawful Gambling Renewal Bill Larson has applied for the annual renewal premise permit application for lawful gambling for the North Tartan Area Girls Basketball Booster Club. The Booster Club continues to hold their gambling at Broadway Bar & Pizza located at 1900 County Road D East. For approval to be granted it is requested that the city council approve the following resolution: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the North Tartan Area Girls Basketball Booster Club, 2009 East County Road D, 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. Agenda Item G3 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer DuWayne Konewko, Environmental Manager SUBJECT: Consider Approval of 2006 SCORE Funding Application DATE: November 2, 2005 INTRODUCTION: Attached is the 2006 SCORE application. The amount is $67,442. The money is a grant from the county to repay the city for a portion of the recycling costs. Ramsey County is requesting that the city council approve the application. RECOMMENDATION Approve the 2006 SCORE application. Attachments: 1. 2006 Score Application SAINT PAUL - RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SECTION 2006 SCORE FUNDING GRANT APPLICATION CITY /TOWNSHIP Maplewood CONTACT PERSON DuWayne Konewko ADDRESS 1902 County Road B East, Maplewood, MN. 55109 PHONE 651.249.2330 FAX 651.249.2409 A. DESCRIPTION OF 2006 RESIDENTIAL RECYCLING PROGRAM 1. In 2006, will any collection services be provided under a contract? Yes _X_ No a. If so, provide contractor(s), address, and contact name. Eureka Recycling - Alex Danovitch - Director of Business Development, 2828 Kennedy Street NE, Minneapolis, MN. 55413 b. Which type of households are expected to receive service under the contract? Single - family: _X Duplex: _X_ Triplex: _X_ 4plex: _X_ Townhome: X Condominium: X Manufactured Home Park: X Multi -unit buildings (up to _all_ units): _X_ c. What is the total number of households expected to receive service under the contract? Single - family thru 4 -plex: 11,400 - Multi -unit buildings with 5 or more units: 120 buildings - 4,500 households d. What materials will be collected? List each sorting category for 2006 and materials collected in that category. (If different materials will be collected or different sorts are required based on type of housing, please describe differences.) Two sort collection - Sorting Category #1 - newspaper /junk mail /phone books /magazines /cardboard /office paper /boxboard. Sorting Category #2 - glass bottles /plastic bottles 1 & 2 /aluminum cans /steel cans. e. What is the collection frequency? (If frequency is different based on type of housing, please describe differences.) Maplewood will be changing from an every other week collection frequency to a weekly collection frequency. The effective date of the change is January 1, 2006. The City will be divided into five districts representing each day of the week. Recycling collection services will occur Monday thru Friday. 2. How will the municipality assure materials are collected in 2006 from those households that will not receive recycling collection services under a municipally- arranged contract? (e.g., ordinance provisions, licensing requirements, other mechanism) What materials are required to be collected, and at what frequency? The Maplewood City Council adopted an Ordinance Requiring Recycling Services For Residential Properties With Two Or More Units. The ordinance will be effective starting January 1, 2006. The ordinance requires all property owners to ensure recycling services are available to the tenants that reside there. The same materials itemized in the response to question #1d will be required to be collected. The frequency will vary with each multi -unit property depending on size and participation - Service will occur at least weekly and in some cases twice a week. 3. How will the municipality assure that all recyclables collected from residential properties are recycled, whether collected by the municipality's contracted vendor or another service provider? The City will examine the monthly statements from City contractor (Eureka Recycling) and those units that are not serviced by City contractor will be required to submit semi annual reports to the City disclosing the locations of the recycling facilities. 4. What changes are planned or anticipated for 2006? The City is changing recycling vendors effective January 1, 2006. The City entered into a five year contract with Eureka Recycling. The City will be providing weekly collection services (represents a change from bi - weekly) to the residents of the City. The City will focus on increasing participation with the multi- family properties. The City will also be working with the City of Maplewood's Environmental Committee to educate and increase recycling tonnage with the single family properties. 5. How are recycling services in 2006 to be paid for, beyond any use of SCORE funds? What long- term funding source is in place for recycling services? The City has a recycling line item on the utility bills. All single family and multi -unit properties pay a monthly fee for recycling services. The current recycling fee is $6.05 per quarter per unit. The recycling rate will not change for 2006. 6. Describe the municipality's source reduction and recycling promotional efforts. List types of materials to be used, intended audiences, and method and frequency of distribution. The City utilizes the Maplewood City Newsletter (monthly publication) and the City's website to promote and encourage source reduction and recycling. The City will also be utilizing direct mailing for the purpose of educating the residents of the City. The Environmental Committee has also been very involved in promoting source reduction and recycling within the City. In 2006, the City of Maplewood will be forming an internal committee to assist the City in its recycling and source reduction efforts. 7. What measurable goals do you have for source reduction and recycling activities in 2006? At least ONE measurable goal must be listed. Please describe how you will measure progress toward those goals and how activities will be evaluated. One goal would be to increase recycling tonnage by 10% for 2006 by switching from an every other week service program to a weekly program. Another goal would be to increase participation at multi -unit complexes. Both of these goals would be measured by comparing existing figures from 2005 and 2006. 8. If any activities will be conducted by a contractor or subcontractor, what provisions will be made to monitor and audit those activities? The City does not anticipate the use of a subcontractor for recycling services. B. SCORE GRANT REQUEST 1. Please describe how a SCORE grant would enhance or improve source reduction and recycling efforts in your community. List specific activities for which SCORE funding would be used. The SCORE grant monies for 2006 will be used for partial payment of recycling contractor costs. 2. Please show how you intend to allocate your 2006 SCORE grant. Detail how you intend to use SCORE funds within each applicable budget area. Attach a copy of your 2006 municipal budget for all recycling activities, including all funding sources. If the budget has not been adopted by your governing body, attach the most current draft budget. * Please refer to the attached proposed budget for 2006 for the Recycling Program. * PROPOSED SCORE BUDGET —SCORE EXPENSES ONLY ADMINISTRATION: $ PROMOTION ACTIVITIES $ Please detail: EQUIPMENT $ Please detail: COLLECTION OF RECYCLABLE5 $ 67,442 Please detail: The SCORE grant funds will be used for partial payment to Eureka Recycling for collection of recyclables in the City of Maplewood. TOTAL SCORE GRANT $ 67,442 C. IN -HOUSE RECYCLING PROGRAM Please describe the recycling program for materials generated at municipal facilities, per requirements in Minn. 5tat. 5ec. 115A.151. List materials collected and service provider(s). If any materials are brought to a drop -off center or otherwise not handled by a collection service, list those materials and describe how they are transferred. The City of Maplewood and all other municipal buildings including parks, fire stations, and the Maplewood Community Center will be utilizing a two sort collection process. The municipal facilities recycling collection process will mirror the residential process. Eureka Recycling will also be providing service to these buildings and will be utilizing there processing facility as well. Two sort collection - Sorting Category #1 - newspaper /junk mail /phone books /magazines /cardboard /office paper /boxboard. Sorting Category #2 - glass bottles /plastic bottles 1 & 2 /aluminum cans /steel cans. D. RESOLUTION Please attach a resolution from your governing body requesting the funding allocation or a certified copy of the official proceedings at which the request was approved. SCORE grants agreements cannot be issued without such an attachment. A copy of the City Council minutes will be mailed to Ramsey County upon approval (targeting the fourth Monday in November for discussion with council). NAME OF PER5ON AUTHORIZED TO SUBMIT GRANT: DuWayne Konewko TYPE OR PRINT SIGNATURE Environmental Manager TITLE October 31, 2005 DATE Agenda Item G4 IMI:IM[a]:L1ki Bill MI TO: City Manager FROM: Ken Roberts, Planner SUBJECT: Final Plat PROJECT: Woodhill LOCATION: Dahl Avenue, south of Linwood Avenue DATE: November 4, 2005 INTRODUCTION Bruce Nedegaard is requesting that the city council approve the final plat for Woodhill. Mr. Nedegaard represents the developer and builder, Woodhill LLC. This final plat will create 15 lots for single dwellings and two outlots for the existing wetlands and pipelines. It will be south of Linwood Avenue on a new cul -de -sac called Dahl Avenue. (See the maps on pages two - five.) BACKGROUND On February 23, 2004, the city council approved the following for the Woodhill PUD: A conditional use permit (CUP) for a planned unit development (PUD) for a 15 -unit housing development. 2. The preliminary plat to create the lots in the development. 3. A zoning map change from F (farm residence) to R -1 (single dwellings). (See the city council minutes starting on page six.) DISCUSSION The contractor is progressing with the construction of the plat. To date, the contractor has completed the site grading, has installed the utilities, the curb and gutter and base course of bituminous for the street. The developer has finished all the conditions the council required for final plat approval. RECOMMENDATION Approve the final plat for Woodhill date - stamped October 26, 2005. This approval is subject to the county recording the deeds, deed restrictions and covenants required by the city and the developer meeting all the conditions of the city engineer. p:sec13 -28 /woodhill fn plat - 2005.doc Attachments: Location Map Zoning Map Proposed Final plat Approved Preliminary Plat February 23, 2004 City Council Minutes Proposed Final Plat (Separate Attachment) Attachment 2 m • w +T. � ea . )2 Q f r e N •fz � � � I � �.....j aY1 O jjn,�JOOD WE ` Woodhill Site s _ Imo} ;; �rv^ Si 1 ^J cD a s 4 Zoning Map , 2516 Linwood Avenue O 4 N •fz � � � I � �.....j aY1 O jjn,�JOOD WE ` Woodhill Site s _ Imo} ;; �rv^ Si 1 ^J cD a s 4 Zoning Map , 2516 Linwood Avenue Attachment 3 G R,F OF x Nla or 1'x8 Va Of T>� M s+ U4 OF WOODHILL na', SEMON I] TOWNSkfS d9; RtiNCE T2 RnmEEY cat.TTi', CAST MGXMOWL'MEIZ7 - - - - - - ----7 _r - - - _ - - - - - - -- —, --------------- NU 94 824.65 �OR: i{ UNE OF OF LN11 j 7 M, I r I 34'47"E 823.61 4'W IA OF ��VA OF STC. 13, T. M of ME w OF� VICINITY MAP ---------- ---------- NW 1/4 NE 1j'+ ------------- -------------- sE: - 1 4 K 1 / ------------- — ------- ------ PROPOSED FINAL PLAT DEVELOPEF1 ENGINEER SURVEYOR ARCHITECT allm£4 1 VL'N Y ­13 LINWOOD AVE. E 7 - ltnnl- r7l, BLOCK I ----------- OE om 2 7 Flo 7 1 ---------- -1 3 4 17 sr, 27 BL: WK 2 PH 4 WOODHILL 3 M2 el ka4 R NEDEGAARD CUSTOM HOMES VAPLrWC00, MN PRELIMINARY PLAY OUTLOT 8 PH 4 WOODHILL 3 M2 el ka4 R NEDEGAARD CUSTOM HOMES VAPLrWC00, MN PRELIMINARY PLAY PH 4 MINUTES Attachment 5 MAPLEWOOD CITY COUNCIL 7:08 P.M., Monday, February 23, 2004 Council Chambers, Municipal Building Meeting No. 04 -04 A. 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 7:08 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Marvin Koppen, Councilmember Present Kathleen Juenemann, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach. Councilmember Present 2. 9:15 p.m. Woodhill Subdivision (2516 Linwood Avenue) Conditional Use Permit for Planned Unit Development Preliminary Plat Zoning Map Change (F to R -1) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. Commissioner Dierich presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Bruce Nedegaard, representing Nedegaard Custom Homes Mary Dierich, speaking as a private concerned citizen e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit for a planned unit development for the 15 -unit Woodhill development on the south side of Linwood Avenue: CONDITIONAL USE PERMIT RESOLUTION 04 -02 -034 WHEREAS, Mr. Bruce Nedegaard applied for a conditional use permit (CUP) for the Woodhill residential planned unit development (PUD). WHEREAS, this permit applies to the 15 -lot Woodhill development the city received on January 2, 2004. The legal description is: The North one -half of the West one -half of the NW '/a of the NE '/a of Section, Township 28, Range 22, according to the US Survey thereof: and City Conncil Meeting 02 -23 -04 1 The North one -half of the West one -half of the West one -half of the East one -half of the NW '/a of the NE '/a of Section 13, Township 28, Range 22, according to the US Government Survey thereof, in Section 13, Township 28, Range 22, Ramsey County, Minnesota. (The property to be known as Lots 1 -6, Block 1 and Lots 1 -9, Block 2 of Woodhill) WHEREAS, the history of this conditional use permit is as follows: On February 2, 2004, the planning commission recommended that the city council approve this permit. On February 23, 2004, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. 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: 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. The use would not create excessive additional costs for public facilities or services. 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 the following conditions: All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site to show: City Conncil Meeting 02 -23 -04 (1) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. (2) Revised storm water pond locations and storm water system designs as suggested or required by the watershed district or city engineer. The ponds shall meet the city's design standards. 2. The proposed construction of the plat must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 1. Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the city engineer's memo dated January 22, 2004. 2. The approved setbacks for the principal structures in the Woodhill development shall be: a. Front -yard setback (from a public street right -of -way): minimum - 20 feet, maximum — 45 feet b. Front -yard setback (public side street right -of -way): minimum - 20 feet, maximum - none c. Rear -yard setback: 30 feet from any adjacent residential property line b. Side -yard setback: minimum - 10 feet from a property line and 20 feet minimum between buildings. i. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, install all retaining walls as required and any other site improvements required by the city engineer and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. C. Remove the house, any debris or junk from the site. 6. The city council shall review this permit in one year. Seconded by Councilmember Rossbach Ayes -All Councilmember Koppen moved to approve the Woodhill preliminary plat (Received by the citv on February 12. 2004). The developer shall complete the followina before the city council approves the final plat: 1. Sign an agreement with the city that guarantees that the developer or contractor will a. Complete all grading for overall site drainage, complete all retaining walls, site landscaping and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. City Conncil Meeting 02 -23 -04 c. Have Xcel Energy install Group V rate street lights in two locations - primarily at the street intersections and at the west end of the cul -de -sac. The exact style and location shall be subject to the city engineer's approval. d. Provide all required and necessary easements (including all utility easements and ten -foot drainage and utility easements along the front and rear lot lines of each lot and five -foot drainage and utility easements along the side lot lines of each lot). e. Install permanent signs around the edge of the wetland buffer easements. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, building, 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 building permits in this plat. f. Install survey monuments along the wetland and wetland buffer boundaries. g. Pay the city for the cost of traffic - control, street identification, wetland buffer and no parking signs. h. Provide all required and necessary easements, including any off -site easements. i. Demolish or remove the existing house and garage from the site, and remove all other buildings, fencing, trailers, scrap metal, debris and junk from the site. j. Cap and seal all wells on site that the owners are not using; and remove septic systems or drainfields, subject to Minnesota rules and guidelines. k. Complete all curb on Linwood Avenue on the north side of the site. This is to replace the existing driveways on Linwood Avenue, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated January 22, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detailed to the satisfaction of the city engineer. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that: a. Reduce the grading on sites where the developer can save large trees. This shall include following the project plans submitted to the city on February 12, 2004. The house pad locations on Lots 5, 6, 7 and 8, Block 2 shall meet the approved development setback requirements to more closely match the other house setbacks and orientation on the street. b. Meet the 100 -foot setback from the pipelines for Lot 6, Block 1 and Lot 1, Block 2. 9 City Conncil Meeting 02 -23 -04 (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3:1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with (6) wood -fiber blanket, be seeded with a no- maintenance vegetation and be stabilized before the city approves the final plat. (7) Include the tree plan that: a. Shows where the developer will remove, save or replace large trees. This plan shall include an inventory of all existing large trees on the site. b. Shows no tree removal beyond the approved grading and tree limits. (7) All retaining walls on the plans. Any retaining walls taller than 4 feet require a building permit from the city. (8) Sedimentation basins or ponds as required by the watershed district or by the city engineer. (9) No grading beyond the plat boundary without temporary grading easements from the affected property owner(s). (10) As little grading as possible north and south of the proposed street. This is to keep as many of the existing trees on the site as is reasonably possible. (11) The pipelines and the 8- foot -wide trail from the cul -de -sac to the south property line. c. The street and utility plans shall show: (1) The street with a width of 28 feet (with parking on one side), shall be a 9 -ton design with a maximum street grade of eight percent and the maximum street grade within 75 feet of the intersection at two percent. (2) The new street (Dahl Avenue) with continuous concrete ribbon curb, except where the city engineer determines that concrete curbing is necessary. (3) The completion or replacement of the curb on the south side of Linwood Avenue and the restoration and sodding of the boulevards. (4) Repair of Linwood Avenue (curb, street and boulevard) after the developer connects to the public utilities and builds the new street. (5) A set of utility services to the eastern part of the property at 2480 Linwood Avenue and public utility services to each new lot. (6) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (7) All utility excavations located within the proposed right -of -ways or within easements. The develpJp?er shall acquire easements for all utilities that would be outside the project idea. City Conncil Meeting 02 -23 -04 (8) The plan and profiles of the proposed utilities. (9) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (10) The cul -de -sac with a minimum pavement radius of at least 42 feet. (11) Label Linwood Avenue and the new street as Dahl Avenue on all construction and project plans. The drainage plan shall ensure that there is no increase in the rate of storm water run -off leaving the site above the current (predevelopment) levels. The developer's engineer shall: (1) Verify inlet and pipe capacities. (2) Submit drainage design calculations. e. A landscape plan for the areas along the street, including the rainwater gardens and the cul -de -sac island. The coniferous trees shall be at least six feet tall and any deciduous trees shall be at least 2'/ inches in diameter. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along all property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines. c. Label any common areas as outlots. d. Label the new street as Dahl Avenue on all plans. e. As may be necessary to ensure that houses on Lot 6, Block 1 and Lot 1, Block 2 would be at least 100 feet from the pipelines. 4. Pay for costs related to the engineering department's review of the construction plans. 5. Secure and provide all required easements for the development including wetland buffer easements and any off -site drainage and utility easements. These shall include, but not be limited to, an easement for the culvert draining the pond at the northwest corner of the plat. 6. The developer shall complete all site grading and retaining wall construction. The city engineer shall include in the developer's agreement any grading that the developer or contractor has not completed before final plat approval. 7. Sign a developer's agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, install all retaining walls, install the landscaping for the rainwater gardens and the cul -de -sac island, install all other City Conncil Meeting 02 -23 -04 necessary improvements and meet all city requirements. b.* Place temporary orange safety fencing and signs at the grading limits. c. Provide for the repair of Linwood Avenue (street, curb and boulevard) after the developer connects to the public utilities. d. Meet all the requirements of the city engineer. Submit the homeowners' association bylaws and rules to the director of community development. These are to assure that there will be one responsible party for the maintenance of the common areas, landscaping and retaining walls. 9. Record the following with the final plat: a. All homeowners' association documents. b. A covenant or deed restriction with the final plat that prohibits any driveways on Lots 1 through 6, Block 1 and Lot 9, Block 2 from going onto Linwood Avenue. c. A covenant or deed restriction that prohibits any further subdivision or splitting of the lots or parcels in the plat that would create additional building sites unless approved by the city council. d. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. e. Deeds transferring the ownership of Outlots A and B to the city. The city will accept ownership of these outlots in lieu of charging PAC (park access charges) with the building permits. f. All wetland and wetland buffer easements. The applicant shall submit the language for these dedications and restrictions to the city for approval before recording. Obtain a permit from the Ramsey - Washington Metro Watershed District for grading. 10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (M PCA). 11. Submit to city staff a copy of the written permission from the pipeline company for any grading or construction within the pipeline easement. 12. The property owner shall submit a petition to the city requesting the installation of the public improvements. 13. If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these conditions before the city issues a grading permit or approves the final plat. 12 City Conncil Meeting 02 -23 -04 Seconded by Councilmember Rossbach Ayes-All Councilmember Koppen moved to adopt the following zoning map change resolution from F (farm Residence) to R -1 (single Dwelling Residential) for the proposed Woodhill plat on the south side of Linwood Avenue: I"kaLIIki "M /e1all71-11ki [r]AN *161141 PL Kill fflyz* v WHEREAS, Maplewood city staff is proposing to change the Maplewood zoning map from Farm Residence (F) to Single - Family Residential (R -1). WHEREAS, this change applies to the property located at 2516 Linwood Avenue in the north one -half of Section 13, Township 29, Range 22, in Maplewood, Minnesota. WHEREAS, the property owner is proposing to plat the property into 15 lots for single dwellings. WHEREAS, the proposed development is known as Woodhill and the new legal description will be: Lots 1 through 6, Block 1, and Lots 1 through 9, Block 2, Woodhill. WHEREAS, the history of this change is as follows: On February 2, 2004, the planning commission recommended that the city council approve the zoning map change. On February 23, 2004, the city council held a public hearing. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners. The council conducted the public hearing whereby all public present were given a chance to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described change in the zoning map for the following reasons: 1. The proposed change is consistent with the spirit, purpose and intent of the zoning code. 2. The proposed change will not substantially injure or detract from the use of neighboring property or from the character of the neighborhood, and that the use of the property adjacent to the area included in the proposed change or plan is adequately safeguarded. 3. The proposed change will serve the best interests and conveniences of the community, where applicable, and the public welfare. 4. The proposed change would have no negative effect upon the logical, efficient, and economical extension of public services and facilities, such as public water, sewers, police and fire protection and schools. 5. The owner has plans to develop this property for lots for single - family houses. Seconded by Councilmember Rossbach Ayes-All 13 City Council 02 -23 -04 Agenda Item G5 MEMORANDUM TO: City Manager FROM: Kevin Christiansen, Planning Intern SUBJECT: Home Occupation License Review APPLICANT: Mr. David Grupa LOCATION: 1994 Duluth Street DATE: November 2. 2005 I.III III :is] 1111101 [a]. City staff is requesting that the city council review a home occupation license. The city council approved this license for Mr. Grupa to operate a digital photography studio in the detached garage located on his property at 1994 Duluth Street. Mr. Grupa was required by the city to obtain a building permit to remodel the structure in order to operate the business. Mr. Grupa also will be making exterior improvements in the backyard of the residence to accommodate clients. These improvements will include a six -foot fence for screening and landscaping. (Please see the maps beginning on page 2). BACKGROUND On November 8, 2004, the city council first considered this request and tabled action on it to allow the applicant to make changes to the proposal. November 22, 2004, city council approved the home occupation license for Mr. Grupa of Duluth Street to have a photography studio in the detached garage. This approval was subject to several conditions of approval. (See the council minutes starting on page 5). DISCUSSION Mr. Grupa was issued a building permit by the city to remodel his garage on 3/4/05. The remodeling of the detached garage for the purpose of a digital photography studio is complete and it meets the city conditions for the home occupation license. However, adequate screening has not been constructed in the backyard. City staff has not received any complaints regarding the operation of the business. The remodeling of the garage was finished late in the fall, not allowing time for the installation of a 6- foot -high solid fence screening before the winter months. Mr. Grupa plans to use the backyard for photography, therefore city staff recommends reviewing the home occupation license in June, 2006. RECOMMENDATION Review the home occupation license for the property at 1994 Duluth Street in June, 2006. This will allow Mr. Grupa time to install the fencing in order to use the backyard for photography. P/sec16/1994 Duluth Home Occupation PC /Review 05 Attachments: 1. Location Map 2. Zoning Map 3. Site Plan 4. 11 -22 -04 City Council Minutes LOcafi Mai.; Attachment 1 :229 .x.£ 121W -: za _ 121 - m a. - 122h -.. .. SHRY C x 2009 r c ,.. i � 3 1210 Huss ° £ # #..: 1227 ° 1215 ..,.. L.. 1211 ' GG. e*s'',. x:: w 1589 2 x x �„ s £ x # ". Ave RYAN £ !931 A = �*•:x,� r 3 1 ? ?4 12% 1 3 x 1 r 121^ x LOcafi Mai.; u L Keller Golf Course 2108 2993' } co ,, 4 1218 1216. y i 1ON 8 1f :.°"— NMI 1219 J m u RY A'`s AVE Attachment 3 M- I I r C WOMPI MINUTES Attachment 4 MAPLEWOOD CITY COUNCIL 7:05 P.M. Monday, November 22, 2004 Council Chambers, City Hall Meeting No. 04 -26 I0 C. J. CALL TO ORDER: A meeting of the City Council was held in the Council Chambers, at the City Hall, and was called to order at 7:05 P.M. by Mayor Cardinal. PLEDGE OF ALLEGIANCE ROLL CALL Robert Cardinal, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present Jackie Monahan - Junek, Councilmember Present Will Rossbach, Councilmember Present UNFINISHED BUSINESS Home Occupation License -David Grupa Photography (1994 Duluth Street) a. City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. C. David Grupa, the applicant, provided further specifics and answered questions from the council. d. Wayne Nelson, homeowner at 1995 Duluth Street, addressed the council. Councilmember Monahan -Junk moved to approve the home occupation license for Mr. Grupa of 1994 Duluth Street to have a photography studio. This approval shall be subject to the following conditions: 1. Meet all conditions of the city's home occupation ordinance. This includes: a. No traffic shall be generated by a home occupation in greater volume than would normally be expected in a residential neighborhood. b. The need for off - street parking shall not exceed more than three off - street parking spaces for home occupation at any given time, in addition to the parking spaces required by the residents. c. No equipment or process shall be used in such home occupation that creates noise, vibration, light, glare, fumes, smoke, dust, odors or electrical interference detectable to the normal senses off the lot. d. There shall be no fire, safety or health hazards. e. The studio shall not exceed 514 square feet in area. 61 City Council 11 -22 -04 2. Customer hours for this home occupation are limited to: Monday through Friday 10 a.m. to 7 p.m. and Saturday 10 a.m. to 5 p.m. 3. There shall be no more than 25 appointments at the business per week. 4. All customers or visitors to the business shall park on the driveway. 5. Provide a five -pound ABC dry chemical fire extinguisher in the garage. 6. The garage and studio wiring shall meet the state electrical code. 7. Provide a 3 -foot egress exit door out of the garage. 8. Obtain a building permit before construction. 9. The remodeling of the exterior of the north and west sides of the garage shall be consistent with the adjacent properties as to not indicate the presence of a home occupation business. 10. Provide screening along the south border of the backyard from the southeast corner of the house to the south edge of the lot line and extending at least 10 feet along the east lot line. This screening is to ensure privacy and lessen the intrusion for the residence located at 1211 Ryan Avenue. This screening should be in the form of a 6- foot -high solid fence or with the planting of thick shrubs or large trees. 11. There shall be no processing or developing of film on site. 12. The city council may add additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. 13. The city council shall review this home occupation license again in one year. 14. The owner shall return the garage door to operational use after the end of the home occupation. Seconded by Councilmember Koppen Ayes -All [:1 City Council 11 -22 -04 Agenda Item G.6 MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Oversized Accessory Building Conditional Use Permit Review APPLICANT: Steven Peltier LOCATION: 1236 Kohlman Avenue DATE: November 7. 2005 II.11 d:is] Bill" d[a]. The two conditional use permits (CUP) for the property at 1236 Kohlman Avenue are due for review. The CUPS were required to allow the owner, Steven Peltier, to expand a nonconforming residential use within a light manufacturing zoning district by constructing an oversized accessory structure on the property. The accessory structure was approved at 1,344 square feet in area, which is 558 square feet over the allowable size requirements. Q 6.18111 :9 [a]. Mr. Peltier has completed the construction of the accessory structure. Because the property is located within the shoreland overlay district of Kohlman Lake, a condition of approval was that Mr. Peltier construct a 560 square foot concrete parking pad in front of the garage, with the remainder of the driveway as gravel, and that two rainwater gardens be constructed and planted with native plants on the north and south side of the accessory structure. Upon inspection of the site staff finds that the concrete pad and rainwater gardens have been constructed and the native plants installed. However, it appears that the grading for the construction of the accessory structure has left the hill located on the southeast corner of the property eroded and in need of a retaining wall or plantings to prevent further erosion. City staff will work with Mr. Peltier to ensure this is accomplished in a timely manner. The city council should also review the two CUPS again in one year to ensure the rainwater gardens are maintained and functioning properly and that all other conditions of approval are met. RECOMMENDATION Approve Steven Peltier's two conditional use permits for the property at 1236 Kohlman Avenue for the expansion of a nonconforming residential property and the construction of an oversized accessory structure at 1236 Kohlman Avenue. The city should review the conditional use permits again in one year. P:sec4 \1236 Kohlman Avenue \2005 CUP Review Attachments: 1. Location Map 2. Site Plan 3. Grading /Drainage Plan 4. Elevations Attachment 1 MIN N S aa` Jj � O 0 0� o Q O❑ Q D o ❑� a D aE-F 0 1236 Kohlman Avenue o 0 ❑o rE Steven Peltier °� o P o 0 0 —L E 0 �) �5 o o TO D 00 El o ❑ E-1 ❑ Location Map Attachment 2 A Mbft*4*�, "4. K4ca ccn Iwr*44 aocr, teza..+y w s. 8 �►d 3tnc�s R y, I I 1 I ; i I � I c+aa*w +acAroba LtI. rs.a.ad. �j� b n 'li a • Attachment 3 LA 9 is f fl , :!SjdE "4:[Ew 9 bNiA 1( 1� +ID MC4 Y1 cx P0041)Q 1 EAST C5iir--) Elevations 2. Customer hours for this home occupation are limited to: Monday through Friday 10 a.m. to 7 p.m. and Saturday 10 a.m. to 5 p.m. 3. There shall be no more than 25 appointments at the business per week. 4. All customers or visitors to the business shall park on the driveway. 5. Provide a five -pound ABC dry chemical fire extinguisher in the garage. 6. The garage and studio wiring shall meet the state electrical code. 7. Provide a 3 -foot egress exit door out of the garage. 8. Obtain a building permit before construction. 9. The remodeling of the exterior of the north and west sides of the garage shall be consistent with the adjacent properties as to not indicate the presence of a home occupation business. 10. Provide screening along the south border of the backyard from the southeast corner of the house to the south edge of the lot line and extending at least 10 feet along the east lot line. This screening is to ensure privacy and lessen the intrusion for the residence located at 1211 Ryan Avenue. This screening should be in the form of a 6- foot -high solid fence or with the planting of thick shrubs or large trees. 11. There shall be no processing or developing of film on site. 12. The city council may add additional requirements that it deems necessary to ensure that the operation of the home occupation will be compatible with nearby land uses. 13. The city council shall review this home occupation license again in one year. 14. The owner shall return the garage door to operational use after the end of the home occupation. Seconded by Councilmember Koppen Ayes -All DI City Council 11 -22 -04 Agenda Item G7 MI :IM[a]:L1ki I Bill M TO: City Manager FROM: Kevin Christiansen, Planning Intern SUBJECT: Conditional Use Permit Review LOCATION: 601 Century Avenue South (south of Lower Afton Road) PROJECT: Ponds of Battle Creek Golf Course DATE: November 1, 2005 INTRODUCTION The conditional use permit (CUP) for the Ponds of Battle Creek Golf Course, 601 Century Avenue South, is due for review. The CUP is for a golf course in an F (farm residence) zoning district. (See the maps on pages two through four the city council minutes starting on page five.) 1- 7e[83:(H:Zo1ll1.U7 On November 13, 2001, the city council approved a CUP and the design plans for the golf course. (See the council minutes starting on page five.) On November 13, 2002, the council reviewed this permit and agreed to review it again in one year. On November 10, 2003, the council reviewed this permit and agreed to review it again in one year. On November 8, 2004, the city council reviewed this permit and agreed to review it again in one year. Q 6Y811Jr :9 [a]. The county opened the practice and driving range in August 2003 and opened the course for play in the spring of 2004. After the county opened the driving range, both the city and the county received complaints about the lights being poorly aimed and for being too bright. Kevin Finley of the Ramsey County Parks Department had the lights evaluated by their engineers and contractor. As a result of this review, they made several adjustments and changes to the lights to meet the city's outdoor lighting ordinance. The lighting problems have been resolved and city staff has not received any complaints since the county made the changes to the lights. INx8101MIMI:Iki ULAI[a]ki The council should only review this permit again if a problem arises or if the owner proposes a significant change to the site or to the golf course. Kr /p:sec 12 -28 /ponds golf review.05 Attachments: 1. Location Map 2. Neighborhood Map 3. Site Plan 4. 11 -13 -01 city council minutes Attachment 1 gS h Maintenance �o Building Site LONDIN LN Cr6 ]qwP rk z Rp �� W p0� _ O AV e K ING , ST ¢ MAILAND.RD PONDS OF ° BATTLE CREEK o MaOaod ark GOLF COURSE w w VSta Hills Park U F E� i „ HILLWOOD DR ;L _ o f G L INWOOD AVE <: o 0 Park TIMBER CT O O o 7 PHVLIS CT A SC HALLER WAL EV_VI� EW.AVE� � a � LOCATION MAP Attachment 2 NEIGHBORHOOD MAP Attachment 3 x 6T. PAUL POLICE r:lRING RANGE LINWOOD Avwvv= ......... .. .......... . uj z uj Q y. uJ u y q' 14�� 72 M I ARE, MINUTES Attachment 4 MAPLEWOOD CITY COUNCIL 7:00 P.M., Tuesday, November 13, 2001 Council Chambers, Municipal Building Meeting No. 01 -27 A. CALL TO ORDER: A meeting of the City Council was held in the Maplewood Room, at the Municipal Building, and was called to order at 7:00 P.M. by Mayor Cardinal. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Robert Cardinal, Mayor Present Sherry Allenspach, Councilmember Present Kenneth V. Collins, Councilmember Present Marvin C. Koppen, Councilmember Present Julie A. Wasiluk, Councilmember Present 3. 7:15 P.M. Ramsey County Productive Day Golf Course (Century Avenue and Lower Afton Road) a. Conditional Use Permit b. Design Approval a. Mayor Cardinal convened the meeting for a public hearing. b. City Manager Fursman introduced the staff report. C. Assistant Community Development Director Ekstrand presented the specifics of the report. d. Commissioner Dale Trippler presented the Planning Commission report. e. Boardmember Matt Ledvina presented the Community Design Review Board report f. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: GaylePoradek, 376 O'Day Street, Maplewood Tom Loven, 589 S. Sterling Street, Maplewood Kevin Finley, Ramsey County Parks and Recreation g. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to approved the following resolution for a Conditional Use Permit and Design approval for the Ramsey County Productive Day Golf Course: 5 1 RESOLUTION 01 -11 -109 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Ramsey County applied for a conditional use permit to construct a nine -hole golf course. WHEREAS, Section 36 -52(4) of the city code requires a conditional use permit for golf courses in an F (farm residence) district and Section 36- 437(1) requires a conditional use permit for any public service or public building use. WHEREAS, this permit applies to the property located on the west side of Century Avenue between Lower Afton Road and Linwood Avenue. The legal description is: THE E '/ OF THE SE '' /QAND THE SE ' / 4 OF THE NE ' / 4 OF SECTION 12, TOWNSHIP 28, RANGE 22, RAMSEY COUNTY. MINNESOTA. WHEREAS, the history of this conditional use permit is as follows: 1. On October 15, 2001, the planning commission recommended that the city council approve this permit. 2. On November 13, 2001, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. 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 approve the above - described conditional use permit, because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 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. 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. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the approved site plan. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. If Ramsey County sells this golf course to a private individual or company, they must request an amendment to the Maplewood Comprehensive Plan to change the plan for this site from G (government) to P (park) or OS (open space). 5. The applicant shall dedicate wetland- buffer easements around each wetland on the golf course property. These easements shall describe the boundaries of the buffers and prohibit any building, mowing, cutting, filling or dumping within the buffers. The applicant shall record the deeds for these easements before the city will issue grading and building permits. (code requirement) The applicant shall check with the city staff for the width of each buffer easement prior to drafting any easement documentation. 6. The applicant shall install wetland buffer signs that prohibit any building, mowing, cutting, filling or dumping within each wetland buffer. (code requirement) 7. The driving range lights shall not be on later than 10:30 p.m. B. Approve the plans (date- stamped September 13, 2001 and September 20, 2001) for the proposed Productive Day Golf Course on the west side of Century Avenue between Lower Afton Road and Linwood Avenue, based on the findings required by the code. The property owner, Ramsey County, shall do the following: 1. Repeat this review in two years if the city has not issued a permit for this project. 2. Provide the following for staff approval before the city issues grading or building permits: a. A detailed grading, drainage and erosion control plan, subject to the city engineer's approval. b. A final landscape plan that clearly depicts the perimeter landscaping across from or behind all dwellings. The applicant shall work with all adjacent homeowners to develop this plan to meet citizens' needs. c. A final, detailed photometric plan for all proposed outdoor lighting. d. A revised site plan showing a right -turn lane into the site from Century Avenue and a signed and striped crossing area between the maintenance building and the golf course. e. The dedication of wetland -buffer easements around each wetland on the golf course property. These easements shall describe the boundaries of the buffers and prohibit any building, mowing, cutting, filling or dumping within the buffers. The applicant shall record the deeds for these easements before the city will issue grading and building permits. The applicant shall check with the city staff for the width of each buffer easement prior to drafting any easement documentation. 3. Complete the following before opening the golf course for business and occupying the clubhouse building: a. Install a reflectorized stop sign at the exit from the Century Avenue driveway. b. Construct a trash dumpster enclosure for any outside trash containers for this facility. (code requirement) The enclosures must be 100 percent opaque, match the color of the building and have a closeable gate that extends to the ground. c. Install all required landscaping around the driveway, parking lot and clubhouse. It is understood that the landscaping of the golf course will take place over a five -year time period. d. Install wetland buffer signs that prohibit any building, mowing, cutting, filling or dumping within each wetland buffer. (code requirement) 4. If any required work is not done on or around the clubhouse, clubhouse parking lot, maintenance building and maintenance building parking lot, the city may allow temporary occupancy if: a. The city determines that the work is not essential to the public health, safety or welfare. The city receives cash escrow or an irrevocable letter of credit for the required work. The amount shall be 150 percent of the cost of the unfinished work. c. The city receives an agreement that will allow the city to complete any unfinished work. 5. All work shall follow the approved plans. The director of community development may approve minor changes. 6. Signs shall comply with the requirements of the sign code and are not part of this approval. 7. Black vinyl- covered chain link fencing is approved around the golf course. The applicant may install a lesser amount but should attempt to install fencing according to the wishes of abutting property owners. Seconded by Councilmember Wasiluk Ayes-All Seconded by Councilmember Koppen Ayes - All MEMORANDUM TO: City Manager FROM: Tom Ekstrand. Senior Planner Agenda Item G8 SUBJECT: Woodlynn Ponds Townhomes — Planned Unit Development Review DATE: October 24, 2005 INTRODUCTION The conditional use permit (CUP) for the Woodlynn Ponds Townhomes planned unit development (PUD) is due for its one -year annual review. The PUD allows this 26 -unit townhome development with 10 buildings fronting on a private roadway running south from County Road D to the Xcel power line easement. There are also three twin homes fronting on Woodlynn Avenue south of the Xcel easement. Refer to the attachments. BACKGROUND July 8, 2003: The community design review board approved the design plans. July 14, 2003: The city council approved the preliminary plat, a wetland- encroachment variance, a planned unit development and the design plans for Woodlynn Ponds. Refer to the attached PUD conditions. September 8, 2003: The city council approved the final plat. July 12, 2004: The city council reviewed this PUD and required review again in one year. DISCUSSION City code requires that the city council review CUPS annually to check on project status. This development is under construction and nine of 13 buildings are built. Staff has been working with the developer and the various builders in this development to monitor the completion of site requirements (landscaping, pond completion and weed control). Mendota Homes started this project. After they obtained their city approvals and recorded the plat, they sold several of the lots to Wilkinson Construction. The remaining lots were then purchased by GM Homes. Wilkinson Construction has had difficulty with completing their units and properties. GM Homes has done an excellent job and have, themselves, been trying to work with Wilkinson to complete Wilkinson's home sites. Since last years review, there have been instances of slow completion of buildings, some problems with weed control and problems with the proper completion of drainage ponds. The city's assistant city engineer, Erin Laberee, has been working to make sure that corrections are made for grading and drainage plan compliance. Improvements have been made, but this project will require periodic review and continual monitoring by city staff. Staff is holding escrow to ensure that the contractors finish all required site work. We will continue to hold this escrow until the completion of the project. Staff recommends council review of this project again next summer to check on its progress and compliance with plans and city requirements. RECOMMENDATION Review the conditional use permit for the Woodlynn Ponds Townhomes PUD in July, 2006. p:sec2N \Woodlynn Ponds CUP Rev T05 Attachments: 1. Location Map 2. PUD Development Plan 3. July 14, 2003 PUD Conditions �C 1 COUN rY ROAD D Attachment 1 m Jill 111 11111 III milli PRELIMINARY PLAT OF WOODLYN PONDS FOR: MENDOTA HOMES INC, -- - - - - - - - - - - E ro 4J < lilt I I PRELIMINARY PLAT OF WOODLYN PONDS FOR: MENDOTA HOMES INC, RECEIVED �� MAY 2 2003 liM fog z - ----------- I ------- ------- Al -- - - - - - - - - - - Q gn 1 RECEIVED �� MAY 2 2003 liM fog z - ----------- I ------- ------- Al Attachment 3 WHEREAS, Section 36- 438 {b} of the city code provides a means to allow flexibility in design by the planned unit development process. WHEREAS, this permit applies to the property at 2090 County Road D East. The legal description is: TRACT A, REGISTERED LAND SURVEY NO. 463, RAMSEY COUNTY, MINNESOTA. WHEREAS, the history of this conditional use permit is as follows: 1. On June 16, 2003, the planning commission recommended that the city council approve this permit. 2. On July 22, 2003, the city council held a public hearing, The city staff published a notice in the paper and sent notices to the surrounding property owners. 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 approve 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. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the plans date - stamped May 20, 2003. The city council may approve major changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall provide a noise evaluation for this site to determine if freeway noise would impact their proposed units above the maximum noise levels required by the MnPCA. If freeway noise does exceed these levels, the applicant shall reduce the outside noise within the units. 5. The homeowners association documents shall state that the visitor parking lot shall be kept open for visitor parking and shall not be a storage area for RVs, trailers, campers and the like. 6. The applicant shall post the north -south private roadway for no parking on both sides. The applicant shall make buyers aware, by a statement in the homeowners association documentation hat the city will periodically burn the prairie grass on the abutting Maplewood Open space property. Seconded by Mayor Cardinal Ayes -All Councilmember Koppen moved to adopt the preliminary plat for the Woodlyn Ponds Twin Homes. The developer shall complete the following before the city council apprpves the final plat. Sign an agreement with the city that guarantees that the developer or contractor will: a. Complete all grading for overall site drainage, complete all public improvements and meet all city requirements. b. Pay the city for the cost of traffic - control, street identification and no- parking signs. c. Provide all required and necessary easements, including ten -foot drainage and utility easements around the perimeter of the property, the wetland buffer easement and the ltl- foot_ pedestrian easement along the north of the property. d. Cap and seal any wells on site. e. Have Xcel Energy install street lights. The exact location and type of light shall be subject to the city engineer's approval. f. Install permanent signs around the edge of the wetland buffer easement. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, grading oidumping 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 building permits in this plat. g. Install survey monuments along the wetland boundaries. 2. *Have the city engineer approve final construction and engineering plans. These plans sh�l Agenda Item G9 AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: Senior Administrative Assistant DATE: November 3, 2005 One of the outcomes of our recent clerical classification study was a recommendation to create the non -union title of Senior Administrative Assistant and to reclassify the City Manager /Human Resource /City Council secretary position to this new title. After discussion with the outside consultant, you accepted the consultant's recommendation and decided to establish the salary range at 7% above that of Administrative Assistant (formerly the secretary title). Although the consultant did not know the history of the position until after he made his recommendation, this position had historically been paid at a higher level than secretary and the title used in the past was Executive Secretary. So, in effect, this is a return to what it had been classified in the past. Based on a salary range of 7% above the secretary (now called Administrative Assistant) salary range, the 2005 salary range would be $17.97 - $22.95 which is equal to $37,378 - $47,736 per year. RECOMMENDATION It is recommended that the City Council adopt the 2005 salary range of $37,378 - $47,736 per year for the new classification of Senior Administrative Assistant effective at the beginning of the next pay - period. Agenda Item G10 AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: Cafeteria Plan Revisions DATE: November4, 2005 This year the IRS issued a new ruling affecting Cafeteria Plans that are established in accordance with the provisions of Sections 105 (accident and health plans), 79 (group term life plans), 125 cafeteria plans and 129 (dependent care plans) of the Internal Revenue Code of 1986, as amended. The ruling allows the City to create a grace period where employees who have money in their accounts at the end of a plan year can continue to incur expenses and be reimbursed from their account for an additional two and '/ months. Currently, only expenses incurred during the actual plan year (January 1 - December 31) are eligible for reimbursement from an employee's account. This will extend that period to March 15` of each year. This grace period would apply to our Healthcare Reimbursement and Dependent -care Reimbursement Programs, creating additional flexibility for employees and minimizing the risk of forfeiture. I have worked with our outside Plan Administrator to revise our Master Plan Document and Summary Plan Description to incorporate this new grace period. There will be a "run -out" period of 30 days after March 15` where expenses incurred by March 15 can be submitted for reimbursement. RECOMMENDATION It is recommended that the City Council adopt the revised and restated Master Plan Document for the Maplewood Cafeteria Plan effective September 1, 2005. Agenda Item G11 AGENDA REPORT TO: City Manager FROM: Human Resource Director RE: RHS Trust and Welfare Plan Revisions DATE: November 7. 2005 The IRS issued a ruling this past summer that impacts our Integral Part Trust and Retiree Medical and Dental Expense Reimbursement Plan (Employee Welfare Benefit Plan). These are the two plans we have in place that allow us to establish Retiree Health Savings Plans with our employee groups. We currently have four employee groups with a Retiree Health Savings Plan in place. The IRS ruling changed our earlier understanding of who is eligible to receive the account balance if a participant should die when they have money in their account. If this should happen, the money automatically transfers to the participant's spouse and if none, to their eligible dependents, if any to be used in the same manner as the participant could have used the money. That has not changed. However, the IRS has now ruled that the account balance cannot be transferred to anyone else and must stay in the plan. Therefore, if a participant with an account balance dies and does not have a spouse or eligible dependents, the money must remain in the plan. This revision requires a change to both the Integral Part Trust and Welfare Benefit Plan documents to provide that the money will remain in the plan to be distributed to all plan members on an equal dollar basis. If we do not make these revisions before the end of the year, the plans will lose their tax - free status. ICMA has separately requested a ruling on this issue and if they receive a ruling that allows us to change back our plans - to allow other beneficiaries - we will do so at that time. The required changes have been made and the revised documents are attached. RECOMMENDATION It is recommended that the City Council adopt the revised Integral Part Trust document and Retiree Welfare Benefit Plan. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE I PREAMBLE THIS INSTRUMENT made and published by the City of Maplewood called "Employer ") on the 24th day of June, 2002, creates the City of Maplewood Retiree Medical and Dental Expense Reimbursement Plan, as follows: 1.01 Establishment of Plan The Employer named above hereby establishes a Retiree Medical and Dental Expense Reimbursement Plan as of the 1 st day of July, 2002. 1.02 Purpose of Plan This Plan has been established to reimburse the eligible Retirees of the Employer for medical and dental expenses incurred by them, their Spouses and Dependents, pursuant to the Employer's VantageCare Retiree Health Savings (RHS) Plan. ARTICLE II DEFINITIONS The following words and phrases as used herein shall have the following meanings, unless a different meaning is plainly required by the context: 2.01 `Benefits" means any amounts paid to a Participant in the Plan as reimbursement for Eligible Medical and Dental Expenses incurred by the Participants, their spouses or their dependents during a Plan Year. 2.02 "Code" means the Internal Revenue Code of 1986, as amended. 2.03 "Dependent" means any individual who is a dependent of the Participant within the meaning of Code Sec. 152. 2.04 "Eligible Medical or Dental Expenses" means those expenses designated by the Employer as eligible for reimbursement in the VantageCare Retiree Health Savings Plan Adoption Agreement. 2.05 "Employer" means the unit of state or local government creating this Plan, or any affiliate or successor thereof that likewise adopts this Plan. 2.06 "Entry Date" means the first day the Participant meets the eligibility requirements of Article III as of such Date. 2.07 "Participant" means any former employee who has met the eligibility requirements set forth in Article III. VANTAGECARE RETIREE HEALTH SAVINGS PLAN 2.08 "Plan Administrator" means the Employer or other person appointed by the Employer who has the authority and responsibility to manage and direct the operation and administration of the Plan. 2.09 "Plan Year" means the annual accounting period of the Plan, which begins on the 1 st day of July, 2002, and ends on the 31 s ' day of December, 2002, with respect to the first Plan Year, and thereafter as long as this Plan remains in effect, the period that begins on January 1, and ends on December 31. 2.10 "Retiree" means any individual who, while in the service of the Employer, was considered to be in a legal employer - employee relationship with the Employer for federal withholding tax purposes, and who was part of the classification of employees designated as covered by the Employer's VantageCare Retiree Health Savings Plan. 2.11 "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which Participants have their primary place of residence. All other defined terms in this Plan shall have the meanings specified in the various Articles of the Plan in which they appear. ARTICLE III ELIGIBILITY 3.01 General Requirements Each Retiree who meets the eligibility requirements outlined in the Employer's VantageCare Retiree Health Savings Plan shall be eligible to participate in this Plan. ARTICLE IV AMOUNT OF BENEFITS 4.01 Annual Benefits Provided by the Plan Each Participant shall be entitled to reimbursement for documented, Eligible Medical or Dental Expenses incurred during the Plan Year in an annual amount not to exceed the account balance of the Participant in the Employer's VantageCare Retiree Health Savings Plan. 4.02 Cost of Coverage The expense of providing the benefits set out in Section 4.01 shall be contributed as outlined in the Employer's VantageCare Retiree Health Savings Plan. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE V PAYMENT OF BENEFITS 5.01 Eligibility for Benefits A. Each Participant in the Plan shall be entitled to a benefit hereunder for all Eligible Medical and Dental Expenses incurred by the Participant on or after the Entry Date of his or her participation, (and after the effective date of the Plan) subject to the limitations contained in Article V, regardless whether the mental or physical condition for which the Participant makes application for benefits under this Plan was detected, diagnosed, or treated before the Participant become covered by the Plan. B. In order to be eligible for benefits, the Participant must meet the benefit eligibility criteria outlined in the Employer's VantageCare Retiree Health Savings Plan Adoption Agreement. C. A Participant who dies or becomes totally and permanently disabled (as defined by the Social Security Administration) will become immediately eligible to receive medical benefit payments from the Plan. Pursuant to Section 9.02 and Employer's VantageCare Retirement Health Savings Plan Adoption Agreement, the surviving Spouse and Dependents shall become immediately eligible to receive or to continue receiving medical benefit payments from the Plan upon the death of the Participant. 5.02 Claims for Benefits No benefit shall be paid hereunder unless a Participant, or their Spouse or Dependent, has first submitted a written claim for benefits to the Plan Administrator on a form specified by the Plan Administrator, and pursuant to the procedures set out in Article VI, below. Upon receipt of a properly documented claim, the Plan Administrator shall pay the Participant, Spouse or Dependent the benefits provided under this Plan as soon as is administratively feasible. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE VI PLAN ADMINISTRATION 6.01 Allocation of Authority The Employer shall control and manage the operation and administration of the Plan. The Employer shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to remedy possible ambiguities, inconsistencies, or omissions. All determinations of the Employer with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Employer shall have the following powers and duties: (a) To decide on questions concerning the Plan and the eligibility of any Employee to participate in the Plan, in accordance with the provisions of the Plan; (b) To determine the amount of benefits that shall be payable to any person in accordance with the provisions of the Plan; to inform the Plan Administrator, as appropriate, of the amount of such Benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; and (c) To designate other persons to carry out any duty or power which would otherwise be a fiduciary responsibility of the Plan Administrator, under the terms of the Plan. (d) To require any person to furnish such reasonable information as it may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan; (e) To make and enforce such rules and regulations and prescribe the use of such forms as they shall deem necessary for the efficient administration of the Plan. 6.02 Provision for Third -Party Plan Service Providers The Plan Administrator, subject to approval of the Employer, may employ the services of such persons as it may deem necessary or desirable in connection with the operation of the Plan. The Plan Administrator, the Employer (and any person to whom it may delegate any duty or power in connection with the administration of the Plan), and all persons connected therewith may rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, accountant, (including Employees who are actuaries or accountants), consultant, third party administration service provider, legal counsel, or other specialist, and they shall be fully protected in respect to any action VANTAGECARE RETIREE HEALTH SAVINGS PLAN taken, not taken, or permitted in good faith in reliance thereon. All actions so taken or permitted shall be conclusive and binding as to all persons. 6.03 Several Fiduciary Liability To the extent permitted by law, neither the Plan Administrator nor any other person shall incur any liability for any acts or for failure to act except for this own willful misconduct or willful breach of this Plan. 6.04 Compensation of Plan Administrator Unless otherwise agreed to by the Employer, the Plan Administrator shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the performance of these duties shall be paid by the Employer. 6.05 Bonding Unless otherwise determined by the Employer, or unless required by any Federal or State law, the Plan Administrator shall not be required to give any bond or other security in any jurisdiction in connection with the administration of this Plan. 6.06 Payment of Administrative Expenses All reasonable expenses incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party administrative service provider, actuary, consultant, accountant, attorney, specialist, or other person or organization that may be employed by the Plan Administrator in connection with the administration thereof, shall be paid by the Employer, provided, however that Participants shall bear the monthly cost (if any) charged by a third party administrator for maintenance of their Benefit Accounts. 6.07 Timeliness of Payments Payments shall be made as soon as administratively feasible after the required forms and documentation have been received by the Plan Administrator. 6.08 Annual Statements The Plan Administrator shall furnish each Participant with an annual statement of his medical and dental expense reimbursement account within ninety (90) days after the close of each Plan Year. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE VII CLAIMS PROCEDURE 7.01 Procedure if Benefits are Denied Under the Plan Any Participant, Spouse or Dependent, or their duly authorized representative, may file a claim for a plan benefit to which the claimant believes that he or she is entitled. Such a claim must be in writing on a form provided by the Plan Administrator and delivered to the Plan Administrator, in person or by mail, postage paid. Within thirty (30) days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed ninety (90) days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 30 -day period. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial of a claim is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to review pursuant to Sections 7.03 and 7.04. 7.02 Requirement for Written Notice of Claim Denial The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice setting forth in a manner calculated to be understood by the claimant: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on which the denial is based; (c) A description of any additional material or information necessary for the claimant to perfect the claim and an explanation of why such material is necessary, and (d) An explanation of the Plan's claim review procedure. 7.03 Right to Request Hearing on Benefit Denial Within sixty (60) days after the receipt by a claimant of written notification of the denial (in whole or in part) of the claim, a claimant or their duly authorized representative, upon written application to the Plan Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may review pertinent documents, and may submit issues and comments in writing. VANTAGECARE RETIREE HEALTH SAVINGS PLAN 7.04 Disposition of Disputed Claims Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on the review. The decision on review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision and specific references to the pertinent plan provisions on which the decision is based. The decision on review shall be made not later than sixty (60) days after the Plan Administrator's receipt of a request for a review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered not later than one hundred - twenty (120) days after receipt of a request for review. If an extension is necessary, the claimant shall be given written notice of the extension prior to the expiration of the initial sixty (60) day period. If notice of the decision on the review is not furnished in accordance with this Section, the claim shall be deemed denied and the claimant shall be permitted to exercise his right to legal remedy pursuant to Section 7.05. 7.05 Preservation of Other Remedies After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from pursuing any other legal or equitable remedy otherwise available. ARTICLE VIII AMENDMENT OR TERMINATION OF PLAN 8.01 Permanency While the Employer fully expects that this Plan will continue indefinitely, due to unforeseen, future business contingencies, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 8.02 and 8.03, below. 8.02 Employer's Right to Amend The Employer reserves the right to amend the Plan at any time and from time -to -time, and retroactively if deemed necessary or appropriate to meet the requirements of the Code, or any similar provisions of subsequent revenue or other laws, or the rules and regulations in effect under any of such laws or to conform with governmental regulations or other policies, to modify or amend in whole or in part any or all of the provisions of the Plan or as deemed appropriate by the Employer, subject to requirements to negotiate with designated union representatives. 8.03 Employer's Right to Terminate The Employer reserves the right to discontinue or terminate the Plan at any time without prejudice. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE IX GENERAL PROVISIONS 9.01 No Employment Rights Conferred Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be continued in the employment of the Employer. 9.02 Payments to Beneficiary Any benefits otherwise payable to a Participant following the date of death of such Participant shall be paid as outlined in the Employer's VantageCare Retiree Health Savings Plan Adoption Agreement. 9.03 Nonalienation of Benefits No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is made to subject any such benefit to the debts, contracts, liabilities, engagements or torts of the person entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall cease and terminate in the discretion of the Plan Administrator, and it may hold or apply the same or any part thereof to the benefit of any dependent or beneficiary of such person, in such manner and proportion as the Plan Administrator may deem proper. 9.04 Mental or Physical Incompetency If the Plan Administrator determines that any person entitled to payments under the Plan is incompetent by reason of physical or mental disability, the Plan Administrator may cause all payments thereafter becoming due to such person to be made to any other person on the Participant's behalf, without responsibility to follow the application of amounts so paid. Payments made pursuant to this Section shall completely discharge the Plan Administrator and the Employer. VANTAGECARE RETIREE HEALTH SAVINGS PLAN 9.05 Inability to Locate Payee If the Plan Administrator is unable to make payment to any Participant or other person to whom a payment is due under the Plan because the Plan Administrator cannot ascertain the identity or whereabouts of such Participant or other person after reasonable efforts have been made to identify or locate such person (including a notice of the payment so due mailed to the last Imown address of such Participant or other person as shown on the records of the Employer), such payment and all subsequent payments otherwise due to such Participant or other person shall be escheated under the laws of the State of the last known address of the Participant or other persons eligible for benefits. 9.06 Requirement of Proper Forms All communication in connection with the Plan made by a Participant shall become effective only when duly executed on forms provided by and filed with the Plan Administrator. 9.07 Source of Payments The Employer shall be the sole source of benefits under the Plan. No Employee or beneficiary shall have any right to, or interest in, any assets of the Employer upon termination of employment or otherwise, except as provided from time to time under the Plan, and then only to the extent of the benefits payable under the Plan to such Employee or beneficiary. 9.08 Tax Effects Neither the Employer nor the Plan Administrator makes any warranty or other representation as to whether any payments received by a Participant, Spouse or Dependent hereunder will be treated as includible in gross income for federal or state income tax purposes. 9.09 Multiple Functions Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. 9.10 Headings The Article and Section headings contained herein are for convenience of reference only, and shall not be construed as defining or limiting the matter contained thereunder. VANTAGECARE RETIREE HEALTH SAVINGS PLAN 9.11 Applicable Laws The provisions of the Plan shall be construed, administered and enforced according to the laws of the State of Minnesota. 9.12 Severability Should any part of this plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. IN WITNESS WHEREOF, we have executed this revised Plan Agreement effective 11- 14-05. (Employer) C ATTEST VANTAGECARE RETIREE HEALTH SAVINGS PLAN DECLARATION OF TRUST OF THE City of Maplewood INTEGRAL PART TRUST Declaration of Trust made as of the 29th day of June, 2002, by the City of Maplewood, Minnesota a municipal corporation, serving as Trustee (hereinafter referred to as the "Employer "). RECITALS: WHEREAS, the Employer is a political subdivision of the State of Minnesota exempt from federal income tax under the Internal Revenue Code of 1986: and WHEREAS, the Employer provides for the security and welfare of its eligible employees (hereinafter referred to as "Participants "), their Spouses and Dependents by the maintenance of one or more post- retirement welfare benefit plans, programs or arrangements which provide for life, sickness, medical, disability, severance and other similar benefits through insurance and self- funded reimbursement plans (collectively the "Plan "); and WHEREAS, it is an essential function and integral part of the exempt activities of the Employer to assist Participants, their Spouses and Dependents by making contributions to and accumulating assets in the trust, a segregated fund, for post- retirement welfare benefits under the plan; and WHEREAS, the authority to conduct the general operation and administration of the Plan is vested in the Employer or its designee, who has the authority and shall be subject to the duties with respect to the trust specified in the Declaration of Trust; and WHEREAS, the Employer wishes to establish this trust to hold assets and income of the Plan for the exclusive benefit of Plan Participants, their Spouses and Dependents; and NOW, THEREFORE, the parties hereto do hereby establish this trust, to be known as the Declaration of Trust of the City of Maplewood Integral Part Trust (hereinafter referred to as the "Trust "), and agree that the following constitute the Declaration of Trust (hereinafter referred to as the "Declaration "): ARTICLE I DEFINITIONS 1.1 Definitions. For the purposes of this Declaration, the following terms shall have the respective meanings set forth below unless otherwise expressly provided. (a) "Account" means the individual recordlceeping account maintained under the Plan to record the interest of a Participant in the Plan in accordance with section 7.3. VANTAGECARE RETIREE HEALTH SAVINGS PLAN (b) "Account Transfer" means a transfer of the Participant's Account upon his or her death to be used for the payment of benefits for the Participant's Spouse and Dependents. (c) "Administrator" means the Employer. The Employer may contract for such administrative services as are necessary to implement the Plan. (d) `Beneficiary" means the Spouse and eligible Dependents, who will receive any benefits payable hereunder in the event of the Participant's death. (e) "Code" means the Internal Revenue Code of 1986, as amended from time to time. (f) "Covered Employment Classification" means the group or groups of Participants eligible to have contributions to this Plan made on their behalf, as specified by the Employer. (g) "Dependent "and "Eligible Dependent" means an individual who is a person described in Code Section 152(a). (h) "Investment Fund" means any separate investment option or vehicle selected by the Employer in which all or a portion of the Trust assets may be separately invested as herein provided. The Trustee shall not be required to select any Investment Fund. (i) "Nonforfeitable Interest" means the interest of the Participant or the Participant's Spouse or eligible Dependent (whichever is applicable) in the percentage of Participant's Employer's contribution which has vested pursuant to the vesting schedule specified in the Employer's Plan. (j) "Spouse" means the Participant's lawful spouse as determined under the laws of the state in which the Participant has his primary place of residence. (k) "Trust" means the trust established by this Declaration. (1) "Trustee" means the person or persons appointed by the Employer to serve in that capacity. ARTICLE II ESTABLISHMENT OF TRUST 2.1 The Trust is hereby established as of the date set forth above for the exclusive benefit of Participants, their Spouses and eligible Dependents. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE III CONSTRUCTION 3.1 This Trust and its validity, construction and effect shall be governed by the laws of the State of Minnesota. 3.2 Pronouns and other similar words used herein in the masculine gender shall be read as the feminine gender where appropriate, and the singular form of words shall be read as the plural where appropriate. 3.3 If any provision of this Trust shall be held illegal or invalid for any reason, such determination shall not affect the remaining provisions, and such provisions shall be construed to effectuate the purpose of this Trust. ARTICLE IV BENEFITS 4.1 Benefits. This Trust may provide benefits to the Participant, the Participant's Spouse and eligible Dependents pursuant to the terms of the Plan. 4.2 Form of Benefits. This Trust may reimburse the Participant, his /her Spouse or eligible Dependents for insurance premiums or other payments expended for permissible benefits described under the Plan. This trust may reimburse the Employer, or the Administrator for insurance premiums. ARTICLE V GENERAL DUTIES 5.1 It shall be the duty of the Trustee to hold title to assets held in respect of the Plan in the Trustee's name as directed by the Employer or its designees in writing. The Trustee shall not be under any duty to compute the amount of contributions to be paid by the Employer or to take any steps to collect such amounts as may be due to be held in trust under the Plan. The Trustee shall not be responsible for the custody, investment, safekeeping or disposition of any assets comprising the Trust, to the extent such functions are performed by the Employer or the Administrator, or both. 5.2 It shall be the duty of the Employer, subject to the provisions of the Plan, to pay over to the Administrator, or other person or entity designated hereunder from time to time, the Employer's contributions under the Plan and to inform the Administrator in writing as to the identity and value of the assets titled in the Trustee's name hereunder and to keep accurate books and records with respect to participants of the Plan. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE VI INVESTMENTS 6.1 The Employer may appoint one or more investment managers to manage and control all or part of the assets of the Trust. 6.2 The Trustee shall not have any discretion or authority with regard to the investment of the Trust and shall act solely as a directed Trustee of the assets of which it holds title. To the extent directed by the Employer (or Participants, their Spouse and eligible Dependents to the extent provided herein) the Trustee is authorized and empowered with the following powers, rights and duties, each of which the Trustee shall exercise in a nondiscretionary manner: (a) To cause stocks, bonds, securities, or other investments to be registered in its name as Trustee or in the name of a nominee, or to take and keep the same unregistered; (b) To employ such agents and legal counsel as it deems advisable or proper in connection with its duties and to pay such agents and legal counsel a reasonable fee. The Trustee shall not be liable for the acts of such agents and counsel or for the acts done in good faith and in reliance upon the advice of such agents and legal counsel, provided it has used reasonable care in selecting such agents and legal counsel; (c) To exercise where applicable and appropriate any rights of ownership in any contracts of insurance in which any part of the Trust may be invested and to pay the premiums thereon; and (d) At the direction of the Employer (or Participants, their Spouses, their Dependents, or the investment manager, as the case may be) to sell, write options on, convey or transfer, invest and reinvest any part thereof in each and every kind of property, whether real, personal or mixed, tangible or intangible, whether income or non- income producing and wherever situated, including but not limited to, time deposits (including time deposits in the Trustee or its affiliates, or any successor thereto, if the deposits bear a reasonable rate of interest), shares of common and preferred stock, mortgages, bonds, leases, notes, debentures, equipment or collateral trust certificates, rights, warrants, convertible or exchangeable securities and other corporate, individual or government securities or obligations, annuity, retirement or other insurance contracts, mutual funds (including funds for which the Trustee or its affiliates serve as investment advisor, custodian or in a similar or related capacity), or in units of any other common, collective or commingled trust fund. VANTAGECARE RETIREE HEALTH SAVINGS PLAN 6.3 Notwithstanding anything to the contrary herein, the assets of the Plan shall be held by the Trustee as titleholder only. Persons holding custody or possession of assets titled to the Trust shall include the Employer, the Administrator, the investment manager, and any agents and subagents, but not the Trustee (except in cases in which the Employer is the Trustee). The Trustee shall not be responsible or liable for any loss or expense which may arise from or result from compliance with any direction from the Employer, the Administrator, the investment manager or such agents to take title to any assets nor shall the Trustee be responsible or liable for any loss or expense which may result from the Trustee's refusal or failure to comply with any direction to hold title, except if the same shall involve or result from the Trustee's negligence or intentional misconduct. The Trustee may refuse to comply with any direction from the Employer, the Administrator, the investment manager, or such agents in the event that the Trustee, in its sole and absolute discretion, deems such direction illegal. 6.4 The Employer hereby indemnifies and holds the Trustee harmless from any and all actions, claims, demands, liabilities, losses, damages or reasonable expenses of whatsoever land and nature in connection with or arising out of (i) any action taken or omitted in good faith by the Trustee in accordance with the directions of the Employer or it agents and subagents hereunder, or (ii) any disbursements of any part of the Trust made by the Trustee in accordance with the directions of the Employer, or (iii) any action taken by or omitted in good faith by the Trustee with respect to an investment managed by an investment manager in accordance with any direction of the investment manager or any inaction with respect to any such investment in the absence of directions from the investment manager. Notwithstanding anything to the contrary herein, the Employer shall have no responsibility to the Trustee under the foregoing indemnification if the Trustee fails negligently, intentionally or recklessly to perform any of the duties undertaken by it under the provisions of this Trust. 6.5 Notwithstanding anything to the contrary herein, the Employer or, if so designated by the Employer, the Administrator and the investment manager or another agent of the Employer, will be responsible for valuing all assets so acquired for all purposes of the Trust and of holding, investing, trading and disposing of the same. The Employer will indemnify and hold the Trustee harmless against any and all claims, actions, demands, liabilities, losses, damages, or expenses of whatsoever kind and nature, which arise from or are related to any use of such valuation by the Trustee or holding, trading, or disposition of such assets. 6.6 The Trustee shall and hereby does indemnify and hold harmless the Employer from any and all actions, claims, demands, liabilities, losses, damages and reasonable expenses of whatsoever land and nature in connection with or arising out of (a) the Trustee's failure to follow the directions of the Employer, the Administrator, the investment manager, or agents thereof, except as permitted by the last sentence of Section 6.3 above; (b) any disbursements made without the direction of the Employer, the Administrator, the investment manager or agents thereof, and (c) the Trustee's negligence, willful misconduct, or recklessness with respect to the Trustee's duties under this Declaration. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE VII CONTRIBUTIONS 7.1 Employer Contributions. The Employer shall contribute to the Trust such amounts as specified in the Plan or by resolution. 7.2 Accrued Leave and Personal Holiday. Contributions up to an amount equal to the value of accrued sick leave, vacation leave, annual leave and/or personal holidays are permitted under the Plan. The Employer's Plan must provide a formula for determining the value of the Participant's contribution of accrued leave. The Employer's Plan must contain a forfeiture provision that will prevent Participants from receiving the accrued leave in cash in lieu of a contribution to the Trust. 7.3 Accounts. Employer contributions and contributions of accrued sick leave or vacation leave, or both, all investment income and realized and unrealized gains and losses, and forfeitures allocable thereto will be deposited into an Account in the name of the Participant for the exclusive benefit of the Participant, his Spouse or eligible Dependents. The assets in each Participant's Account may be invested in Investment Funds as directed by the Participant from among the Investment Funds selected by the Employer. 7.4 Receipt of Contributions. The Employer or, if so designated by the Employer, the Administrator or investment manager or another agent of the Employer, shall receive all contributions paid or delivered to it hereunder and shall hold, invest, reinvest and administer such contributions pursuant to this Declaration, without distinction between principal and income. The Trustee shall not be responsible for the calculation or collection of any contribution under the Plan, but shall hold title to property received in respect of the Plan in the Trustee's name as directed by the Employer or its designee pursuant to this Declaration. 7.5 No amount in any Account maintained under this Trust shall be subject to transfer, assignment, or alienation, whether voluntary or involuntary, in favor of any creditor, transferee, or assignee of the Employer, the Trustee, any Participant, his Spouse, or eligible Dependent. 7.6 Upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE VIII OTHER PLANS 8.1 If the Employer hereafter adopts one or more other plans providing life, sickness, accident, medical, disability, severance, or other benefits and designates the Trust hereby created as part of such other plan, the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer shall, subject to the terms of this Declaration, accept and hold hereunder contributions to such other plans. In that event (a) the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, may commingle for investment purposes the contributions received under such other plan or plans with the contributions previously received by the Trust, but the books and records of the Employer or, if so designated by the Employer, the Administrator or an investment manager or another agent of the Employer, shall at all times show the portion of the Trust Fund allocable to each plan; (b) the term "Plan" as used herein shall be deemed to refer separately to each other plan; and (c) the term "Employer" as used herein shall be deemed to refer to the person or group of persons which have been designated by the terms of such other plans as having the authority to control and manage the operation and administration of such other plan. ARTICLE IX DISBURSEMENTS AND EXPENSES 9.1 The Employer or its designee shall make such payments from the Trust at such time to such persons and in such amounts as shall be authorized by the provisions of the Plan provided, however, that no payment shall be made, either during the existence of or upon the discontinuance of the Plan (subject to Section 7.6), which would cause any part of the Trust to be used for or diverted to purposes other than the exclusive benefit of the Participants, their Spouses and eligible Dependents pursuant to the provisions of the Plan. 9.2 All payments of benefits under the Plan shall be made exclusively from the assets of the Accounts of the Participants to whom or to whose Spouse or eligible Dependents such payments are to be made, and no person shall be entitled to look to any other source for such payments. 9.3 The Employer, Trustee and Administrator may be reimbursed for expenses reasonably incurred by them in the administration of the Trust. All such expenses, including, without limitation, reasonable fees of accountants and legal counsel to the extent not otherwise reimbursed, shall constitute a charge against and shall be paid from the Trust upon the direction of the Employer. VANTAGECARE RETIREE HEALTH SAVINGS PLAN ARTICLE X ACCOUNTING 10.1 The Trustee shall not be required to keep accounts of the investments, receipts, disbursements, and other transactions of the Trust, except as necessary to perform its title - holding function hereunder. All accounts, books, and records relating thereto shall be maintained by the Employer or its designee. 10.2 As promptly as possible following the close of each year, the Trustee shall file with the Employer a written account setting forth assets titled to the Trust as reported to the Trustee by the Employer or its designee. ARTICLE XI MISCELLANEOUS PROVISIONS 11.1 Neither the Trustee nor any affiliate thereof shall be required to give any bond or to qualify before, be appointed by, or account to any court of law in the exercise of its powers hereunder. 11.2 No person transferring title or receiving a transfer of title from the Trustee shall be obligated to look to the propriety of the acts of the Trustee in connection therewith. 11.3 The Employer may engage the Trustee as its agent in the performance of any duties required of the Employer under the Plan, but such agency shall not be deemed to increase the responsibility or liability of the Trustee under this Declaration. 11.4 The Employer shall have the right at all reasonable times during the term of this Declaration and for three (3) years after the termination of this Declaration to examine, audit, inspect, review, extract information from, and copy all books, records, accounts, and other documents of the Trustee relating to this Declaration and the Trustees' performance hereunder. ARTICLE XII AMENDMENT AND TERMINATION 12.1 The Employer reserves the right to alter, amend, or (subject to Section 9.1) terminate this Declaration at any time for any reason without the consent of the Trustee or any other person, provided that no amendment affecting the rights, duties, or responsibilities of the Trustee shall be adopted without the exception of the Trustee to the amendment. Any such amendment shall become effective as of the date provided in the amendment, if requiring the Trustee's execution, or on delivery of the amendment to the Trustee, if the Trustee's execution is not required. VANTAGECARE RETIREE HEALTH SAVINGS PLAN 12.2 Upon termination of this Declaration and upon the satisfaction of all liabilities under the Plan to provide such benefits, any amount of Employer contributions, plus accrued earnings thereon, remaining in such separate Accounts must, under the terms of the Plan, be returned to the Employer. ARTICLE XIII SUCCESSOR TRUSTEES 13.1 The Employer reserves the right to discharge the Trustee for any or no reason, at any time by giving ninety (90) days' advance written notice. 13.2 The Trustee reserves the right to resign at any time by giving ninety (90) days' advance written notice to the Employer. 13.3 In the event of discharge or resignation of the Trustee, the Employer may appoint a successor Trustee who shall succeed to all rights, duties, and responsibilities of the former Trustee under this Declaration, and the terminated Trustee shall be deemed discharged of all duties under this Declaration and responsibilities for the Trust. ARTICLE XIV LIMITED EFFECT OF PLAN AND TRUST 14.1 Neither the establishment of the Plan and the Trust or any modification thereof, the creation of any fund or account, nor the payment of any benefits, shall be construed as giving to any person covered under the Plan or other person any legal or equitable right against the Trustee, the Administrator, the Employer or any officer or employee thereof, except as may otherwise be expressly provided in the Plan or in this Declaration. ARTICLE XV PROTECTIVE CLAUSE 15.1 Neither the Administrator, the Employer, nor the Trustee shall be responsible for the validity of any contract of insurance or other arrangement maintained in connection with the Plan, or for the failure on the part of the insurer or provider to make payments provided by such contract, or for the action of any person which may delay payment or render a contract void or unenforceable in whole or part. IN WITNESS WHEREOF, the City of Maplewood as the Employer and Trustee have executed this amended Declaration by their respective duly authorized officers, effective November 14, 2005. VANTAGECARE RETIREE HEALTH SAVINGS PLAN CITY OF MAPLEWOOD AS EMPLOYER AND TRUSTEE: C Mayor C City Manager C City Clerk Agenda Item G12 MEMORANDUM TO: City Manager FROM: Steve Lukin, Fire Chief SUBJECT: Budget Transfer from Contingency Fund to Fire Fund DATE: November 7, 2005 INTRODUCTION The heating and air conditioning unit at station three is over 20 years old. It was in our plan to be replaced in 2007. Unfortunately, the unit has rusted out to the point where water continuously leaks into the station which has caused considerable damage to the ceiling tiles, insulation and part of the venting system. Therefore, we need to make an emergency replacement before the snow comes. RECOMMENDATION I recommend that the City Council approve the budget transfer of $13,600 from the contingency fund to the fire fund to cover the expense of the emergency replacement of the new heating /ac unit at station three. F, 914N, rOUT-Mblu, qJ DATE: November 8. 2005 for the November 14 CAME= recreation department. The budget proposes 12 monthly city newsletters and three parks and recreation brochures. Due 1O budget limitations, our department proposed to reduce the publication Qf one city newsletter tO stay within the city budget dollars. After reviewing the importance Bf the content for the December newsletter, it was critical that the newsletter be published as initially proposed. The cost for the additional newsletter is$5.O41 8S outlined in the enclosed invoice from Pauline Staples. Staff recommends that the city contingency aCcOV8tbmusedtQfQMdU18finGJCitynemxsQUblkc@tk}nin the amount Of$6.Q41r kph\cilymews budgetmenn cnc|nnom I Maplewood Community Center 210,1 White Bear Avenue M4 ewood, Minnesota 55109 Invoice f ire: Richard Fursman City Manager Invoice 4: Date: 10-31-2005 c"S"Mor 1111; Fli7�fi 'i — , ", � ,I= �-ll - �-mk�LE� 1 W31 Pauline 1 Postage for City News December 2380.00 ::1380.00 2281,00 -380,00 Sobtotal -- Tax I;n =.11 IrTm M Agenda Item G14 TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: Group Insurance Contracts DATE: November 3, 2005 We recently went through our annual renewal process for employee insurance benefits. We dic not go through the formal bid process this year. We received and reviewed renewal proposals from all other existing carriers and requested a proposal for a High Deductible Health Plan (also referred to as a Consumer - Driven Health Plan). The Insurance Labor - Management Committee met and discussed providers, rates, options and benefits. After much discussion and negotiation by our insurance agents with various providers, the LMC proposed the following effective January 1, 2006: Health Insurance: We propose to continue offering the Blue Cross and Blue Shield of Minnesota AWARE -PPO plan. Most benefits in this plan did not change. The changes that did occur were an increase to lifetime benefits and one minor positive change in the area of pharmacy benefits. After considerable negotiations by our insurance agent on our behalf, they agreed to reduce their rates considerably below their initial proposal. The rates will increase by 18.4% over 2005 rates for the AWARE -PPO plan. The original increase was 28.4 %. The Insurance LMC also proposes to add a second (voluntary) health insurance option for employees beginning January 1, 2006. This plan, also through Blue Cross and Blue Shield of MN, is a high deductible health plan with a $2000 per participant deductible and a maximum out - of- pocket of $2000 for singles and $4000 for family coverage. The rates for this plan are significantly lower; in fact, the rates are lower than are insurance rates were in 2002. Along with this HDHP, the City will be adopting an HRA (Health Reimbursement Arrangement) allowed under the federal tax code to provide a tax -free account for employees to use for health expenses. The HRA will be funded by the City using savings from the difference in premiums between the two plans. For the first year, the City plans to put 100% of the savings into an account for each employee who opts for the HDHP. On year two of being in the plan, the employee would receive a city contribution of 75% of the savings and on year three and thereafter, employees who have the HDHP will receive 50% of the savings in their account. This plan provides an opportunity for employees who have lower claims costs to save money for future health expenses, including retiree health insurance. It also provides a vehicle for the City to save money. The City currently pays 100% of all health insurance premiums - including annual increases each year - for employees with single coverage and about 75% of the premiums for family coverage. With the enormous premium increases over the past several years, we have to look at ways to do what we can to hold costs down. One of the goals of this type of plan is to help employees become more savvy consumers of healthcare. This should help decrease claims costs over time which is directly tied to our premiums increases each year. Dental Insurance: We have a two -year agreement with MetLife Dental with no rate increase for 2006. Therefore, there is no change in dental premiums or benefits. Long -term Care: No change to provider or rates. CNA has added an additional benefit level option for 2006. Long -term and Short -term Disability: We propose to continue our long- and short -term disability insurance with Union Security Insurance Company (formerly Assurant and before that Fortis) through a pool affiliated with the League of Minnesota Cities. The rates for long -term disability will increase 25% from $.28 to $.35 per $100 of covered monthly payroll and will be guaranteed for two years. The rates in 2001 were $.40 per $100. Short -term disability rates will increase 5.88% but are still lower than they were in 2003 when we were with Unum. Life Insurance: We are proposing to continue with Minnesota Life through a pool affiliated with the League of MN Cities. The rate for basic life insurance will increase by $.01 per $1000 coverage. There will be no increase to optional employee supplemental life, spouse life or dependent life rates. RECOMMENDATION It is recommended that the City Council approve the Insurance Labor - Management Committee recommendations to be effective January 1, 2006. Agenda Item G15 AGENDA REPORT TO: Richard Fursman City Manager FROM: Sherrie Le Human Resource Director RE: Health -Care Savings Plan Document DATE: November 7, 2005 BACKGROUND In an effort to control the costs of healthcare, we are adding a Consumer Driven Health Plan (High Deductible Health Plan with a Health Reimbursement Account) as a second health insurance option for our employees. Employees who are eligible for health insurance will be able to select this plan at their option. Once the Health Reimbursement Arrangement (HRA) is adopted, the City will be able to fund employee accounts with pre -tax money. The money will go into a safe investment vehicle that guarantees at least 3% interest (interest is earned tax - free). The money can then be withdrawn tax -free from the account by the participant through a simple reimbursement process. The savings from employees selecting this lower cost plan will be used to fund the HRA accounts for each employee who selects the High Deductible Health Plan. The first year an employee is covered by this plan, the City will put 100% of the savings into the account. The second year, the City will put 75% of the savings in and the third year and thereafter, the City will put 50% of the savings into the account. Putting more money in the first two years helps to build a reserve in case an employee has a bad year. Employees can then use that money (on a reimbursement basis) to pay for their medical expenses. Any unused money at year -end carries over to the next year and can be used for future medical expenses including retiree health insurance. Once the money is in the account, it is the employee's money to use for their expenses. Although this program will not benefit everyone, for those with lower claims cost, this program should help save money for future medical expenses and at the same time help the City save money on health insurance premiums. National Insurance Services (NIS) - and through them ING Annuity Service Center, and MidAmerica Administrative and Retirement Solutions, Inc. - was selected to manage and administer the HRA because they were the best option of three. The other options considered were America's VEBA and Passport Benefit Solutions. NIS provided a reasonable rate of interest with a 3% guaranteed rate of return. Although NIS doesn't have some of the "extras" the two other firms have, their cost is considerably lower. RECOMMENDATION It is recommended that the City Council adopt the Health -Care Savings Plan document to establish the HRA and to authorize City staff to execute the appropriate legal and administrative agreements with the NIS, ING, and MidAmerica to manage and administer the HRA. Health Care Savings Plan Document FOR City of Maplewood Introduction This Health Care Savings Plan, hereinafter referred to as the Plan, is sponsored by the City of Maplewood hereinafter referred to as the Employer, and is effective on January 1, 2006 The Plan enables Participants and their dependents to be reimbursed tax -free for eligible medical and dental expenses and health insurance premiums. Contributions to this Plan shall be made by the Employer and irrevocably credited to Participants' accounts. Claims for reimbursement shall be processed and reimbursements paid out on a tax -free basis for medical expenses in accordance with Internal Revenue Service Guidelines for Health Reimbursement Agreements, IRS Publication 502, Internal Revenue Code Sections 213(d), 105 and 106 as described in Revenue Ruling 2002 -41 and Notice 2002 -45. Participation Participation in this Plan is mandatory for all Employees of the class or classes set forth by the Employer in the Plan Adoption Agreement. Funding All funds for the Plan shall come exclusively from the Employer and shall constitute either a specified dollar amount and/or a specific percentage of Employees' retirement pay as the Employer shall from time to time determine. The amount or percentage to be determined by the Employer shall be subject to, and not in contravention of, the Employer's obligations to its Employees. All funds in the Plan belong to the individual Participants as allocated to their accounts. Once funds are allocated to the Participants' accounts, the Employer relinquishes all right, title, control, and interest to such funds. Plan Investments The Employer realizes and acknowledges that the funds in this Plan are for the exclusive purpose of reimbursing Plan Participants for medical expenses. The Employer has determined that, given the nature of the funds in the Plan and their intended usage, it would be inappropriate to subject them to speculative investments that would put the principal at risk Therefore, the Employer has determined that this Plan shall hold its funds in a fixed annuity account that earns a reasonable rate of return with a guarantee minimum rate of return of not less than three percent (3 %). The account shall be with a major insurance company, rated at least A+ by A.M. Best, AA+ by Standard & Poor's, and Aa2 by Moody's. The insurance company shall be designated in the Adoption Agreement. Rev. 6.15.04 -3- Plan Administrator The Employer designates as the initial Plan Administrator the entity named in the Adoption Agreement. The initial Plan Administrator shall serve as Plan Administrator until such time as a new Plan Administrator is appointed. Administrative Fees There shall be no administrative charges assessed against the Employer. Participants may be charged a reimbursement- processing fee of $5.00 for every month they receive a disbursement, with a maximum annual reimbursement- processing fee of $30.00. The maximum annual reimbursement - processing fee will be $60.00 for those participants electing to reimburse twice per month. This procedure will allow Participants to control their costs. There shall not be any charges to Participants or their dependents unless a disbursement is made. Administration 1. Health reimbursement requests may be made monthly and must be for a minimum of $100. Participants are eligible to submit for reimbursement from their funded account upon becoming eligible for the Health Care Savings Plan and first exhausting their section 125 plan. Participants are expected to reimburse all eligible expenditures in a timely manner and are not allowed to submit claims multiple times or submit receipts that have already been submitted through a previous tax advantaged plan such as a Section 125 plan. Reimbursement timeframes will be subject to IRS Revenue Rulings. 2. Participants are entitled to request reimbursements from their accounts as soon as the accounts are funded by the Employer, but only for medical expenses incurred subsequent to the effective date of this Plan. Pursuant to IRS Guidelines, hardship withdrawals or loans are not permitted under this Plan and Plan funds may only be used to reimburse Participants and their dependents for medical expenses. 3. In order to receive reimbursement for qualified expenses, Participants shall provide the Plan Administrator with whatever information is reasonably required. This Plan shall not and cannot reimburse for any claims other than those allowed under the Internal Revenue Code and as described in IRS Publication 502. 4. When a request is approved it shall be scheduled for disbursement. Disbursements shall be made under the following timelines: If eligible receipts are received by the plan administrator anytime between the 1 st through the 15 of any given month, they will be issued disbursement by the 30 of that same month. If eligible receipts are received by the plan administrator anytime between the 16 through the 30 /31` of any given month, they will be issued disbursement by the 15 of the following month. 5. Decisions of the Plan Administrator shall be final on the issue of eligible expenditures and such decisions shall be based on IRS Publication 502 as interpreted by the IRS or court rulings or directives concerning the deductibility of medical expenses for Federal Income Tax purposes, which interpretations shall be controlling for purposes of determining reimbursement eligibility under this Plan. Rev. 6.15.04 -4- 6. Other than establishing this Plan and providing funding for the Plan, the Employer does not assume any responsibility for any aspect of any Participant's healthcare. Participant questions shall be directed to the Plan Administrator. 7. Each Participant shall be notified by the Plan Administrator of his or her account balance at the time a deposit is made to his or her account. The Plan Administrator shall provide each Participant with a quarterly statement setting forth the Participant's account balance and earnings and disbursements for the quarter. Additionally, the Plan Administrator shall provide a Participant with a statement of account balance in conjunction with each reimbursement distribution. 8. Funds in a Participant's account at the end of each year shall be rolled into the following year. 9. Reimbursement is available for the Participant and the Participant's tax dependants as defined in Internal Revenue Code Section 152. Submission of a request for reimbursement on behalf of someone other than the Participant shall be deemed a representation by the Participant that the request for reimbursement is made on behalf of a qualified dependant. Death Benefit If a Participant dies prior to exhausting his account balance, the Participant's surviving spouse and/or dependents are eligible to be reimbursed for their qualified medical expenses under this Plan Document until the account balance is exhausted. If a balance remains after the death of the spouse and all dependents, all remaining funds will be forfeited. These forfeited funds will revert back to the employer. Upon forfeiture to the employer, the employer will then equally redistribute forfeited funds among the existing plan Participants remaining in the plan at the time of receiving such forfeited funds from the plan administrator. Additional reasonable administrative fees may be charged in connection with any tax reporting requirements and deducted from the account. Plan Amendments The Employer has the authority to amend this Plan at any time, in whole or in part. Plan Participants will be notified of any Plan changes. Any amendment to the Plan shall not adversely affect the rights of existing Participants. However, changes imposed by the Internal Revenue Service, either by law change, regulations, or rulings, will be effective immediately and without notice and may affect current Participants. Involuntary Access to Funds Funds in a Participant's Plan account are not assignable by a Participant, either in law or in equity, or subject to estate tax, or to execution, levy, attachment, garnishment, or any other legal processes. Plan Termination In the event the Employer elects to terminate this Plan, amounts credited to Participants' accounts will remain in the Participants' accounts and Participants will continue to utilize their accounts as set out in this Plan Document until their accounts are exhausted. Rev. 6.15.04 -5- HIPAA Compliance 1. Disclosure of Summary Health Information to the Employer In accordance with the Standards for Privacy of Individually Identifiable Health Information (the "Privacy Standards ") issued and pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended ( "HIPAA "), the Plan may disclose Summary Health Information to the Employer, if the Employer requests the Summary Health Information for the purpose of (a) obtaining premium bids from health plans for providing health insurance coverage under this Plan or (b) modifying, amending or terminating the Plan. "Summary Health Information" may be individually identifiable health information and it summarizes the claims history, claims expenses or the type of claims experienced by individuals in the Plan, but it excludes all identifiers that must be removed for the information to be de- identified, except that it may contain geographic information to the extent that it is aggregated by five -digit zip code. 2. Disclosure of Protected Health Information ( "PHI ") to the Employer for Plan Administration Purposes In order that the Employer may receive and use a Participant's individually identifiable health information or PHI for "Plan Administration" purposes, the Employer agrees to: a. Not use or further disclose PHI other than as permitted or required by the Plan Documents or as Required by Law (as defined in the Privacy Standards); b. Ensure that any agents, including a subcontractor, to whom the Employer provides PHI received from the Plan agree to the same restrictions and conditions that apply to the Employer with respect to such PHI; C. Not use or disclose PHI for employment- related actions and decisions or in connection with any other benefit or employee benefit plan of the Employer, except pursuant to an authorization which meets the requirements of the Privacy Standards; d. Report to the Plan any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which the Employer becomes aware; e. Make available PHI in accordance with Section 164.524 of the Privacy Standards (45 CFR 164.524); f. Make available PHI for amendment and incorporate any amendments to PHI in accordance with Section 164.526 of the Privacy Standards (45 CFR 164.526); g. Make available the information required to provide an accounting of disclosures in accordance with Section 164.528 of the Privacy Standards (45 CFR 164.528); Rev. 6.15.04 -6- h. Make its internal practices, books and records relating to the use and disclosure of PHI received from the Plan available to the Secretary of the U.S. Department of Health and Human Services ( "HHS "), or any other officer or employee of HHS to whom the authority involved has been delegated, for purposes of determining compliance by the Plan with Part 164, Subpart E, of the Privacy Standards (45 CFR 164.500 et seq); If feasible, return or destroy all PHI received from the Plan that the Employer still maintains in any form and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made, except that, if such return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction of the PHI infeasible; and j. Ensure that adequate separation between the Plan and the Employer, as required in Section 164.504(i)(2)(iii) of the Privacy Standards (45 CFR 164.504(f)(2)(iii)), is established as follows: The following employees, or classes of employees, or other persons under control of the Employer, shall be given access to the PHI to be disclosed: High Deductible Medical Plan Participants and former participants with remaining HRA account balances Human Resource & Finance Department staff for administrative purposes only ii. The access to and use of PHI by the individuals described in subsection (i) above shall be restricted to the Plan Administration functions that the Employer performs for the Plan. iii. In the event any of the individuals described in subsection (i) above do not comply with the provisions of the Plan Documents relating to use and disclosure of PHI, the Plan Administrator shall impose reasonable sanctions as necessary, in its discretion, to ensure that no further non - compliance occurs. Such sanctions shall be imposed progressively (for example, an oral warning, a written warning, time off without pay and termination), if appropriate, and shall be imposed so that they are commensurate with the severity of the violation. "Plan Administration" activities are limited to activities that would meet the definition of payment or health care operations, but do not include functions to modify, amend or terminate the Plan or solicit bids from prospective issuers. 'Plan Administration" functions include quality assurance, claims processing, auditing, monitoring and management of carve -out plans, such as vision and dental. It does not include any employment - related functions or functions in connection with any other benefit or benefit plans. Rev. 6.15.04 -7- The Plan shall disclose PHI to the Employer only upon receipt of a certification by the Employer that (a) the Plan Documents have been amended to incorporate the above provisions and (b) the Employer agrees to comply with such provisions. 3. Disclosure of Certain Enrollment Information to the Employer Pursuant to Section 164.504(f)(1)(iii) of the Privacy Standards (45 CFR 164.504(f)(1)(iii)), the Plan may disclose to the Employer information on whether an individual is participating in the Plan or is enrolled in or has disenrolled from a health insurance issuer or health maintenance organization offered by the Plan to the Employer. 4. Disclosure of PHI to Obtain Stop -loss or Excess Loss Coverage The Employer hereby authorizes and directs the Plan, through the Plan Administrator or its third party administrator, to disclose PHI to stop -loss carriers, excess loss carriers or managing general underwriters (MGUs) for underwriting and other purposes in order to obtain and maintain stop -loss or excess loss coverage related to benefit claims under the Plan. Such disclosures shall be made in accordance with the Privacy Standards. 5. Other Disclosures and Uses of PHI With respect to all other uses and disclosures of PHI, the Plan shall comply with the Privacy Standards. Name of Employer: City ofMMIewood Authorized Signature: Printed Name: Date: Rev. 6.15.04 - 8 - Agenda Item H.1 REPORT SUMMARY Applicant: Alan Menning, Manager of Edgerton Manor Site Address: 2021 Edgerton Street Zoning: Multiple Dwelling Residential (R -3) Land Use: High Multiple Dwelling Residential (R -3H) City Council Hearing Date: November 14, 2005 Project Description: The management for Edgerton Manor (2021 Edgerton Street) proposes to redesign the existing entryway on Edgerton Street in order to allow entry at grade level and provide a covered building entrance. City code requires a multi- tenant building to maintain a 30 -foot setback to the right -of -way. The existing building maintains a 37 -foot, 8 inch setback to the Edgerton Street right -of -way. The proposed covered building entrance will come within 9 feet, 8 inches of the right -of -way. Requests: The applicant is requesting a 20 -foot, 4 -inch front yard setback variance and design review approval for the covered entryway. Recommendations: The Community Design Review Board and staff recommend approval of the variance and design review for the covered entryway. MEMORANDUM TO: Richard Fursman, City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Edgerton Manor LOCATION: 2021 Edgerton Street DATE: November 7, 2005 INTRODUCTION Project Description Alan Menning, manager of the Edgerton Manor at 2021 Edgerton Street, is proposing to redesign the existing front door along Edgerton Street in order to allow entry at grade level and provide a covered building entrance. Requests To build the covered building entrance the applicant is requesting the following city approvals: A 20 -foot, 4 -inch front yard setback variance. City code requires a multi- tenant building to maintain a 30 -foot setback to the right -of -way. The existing building maintains a 37 -foot, 8 -inch setback to the Edgerton Street right -of -way. The proposed covered building entrance will come within 9 feet, 8 inches of the right - of -way requiring a 20 -foot, 4 -inch front yard setback variance. 2. Design Review DISCUSSION The building was constructed in 1971, prior to state handicap accessibility requirements. The front entry along Edgerton Street currently consists of a looped driveway with a double stairwell leading up one flight of stairs to the uncovered front door. The existing stairway is in need of repair or replacement. The applicant proposes to remove the exterior stairway and front door and replace it with a small vestibule located on the ground level as well as a covered building entrance. Only the covered entrance will extend into the required 30 -foot front yard setback by 20 feet, 4 inches. The covered entryway will come within 9 feet, 8 inches of the right -of- way, which will be consistent with Edgerton School's setback to the right -of -way which is located to the south of this property. The exterior of the vestibule will be constructed of white - colored stucco with a hunter green trimmed entry door. The covered entryway will have white columns with a brick base to match the building. In addition to the entryway, the applicant proposes landscaping improvements to include two small retaining walls constructed of brick to match the building. Within the retaining walls, the applicant proposes new plantings to include three ornamental trees, 12 evergreen bushes, 28 deciduous bushes, and 38 perennials. NEIGHBORHOOD COMMENTS The neighbors were supportive of the front entryway remodeling. However, two neighbors expressed concern over on- street parking from tenants and guests at Edgerton Manor. Mr. Menning states that Edgerton Manor has 63 units with 94 underground parking spaces and 20 surface parking spaces. He thinks the problem might be that some of the tenants do not purchase an underground parking space for their vehicle and then utilize one or more of the guest parking spaces permanently, forcing guests to park on the street. Currently there are 16 underground parking spaces which are not rented or used for guest parking. He would be receptive to posting no- parking signs in front of Edgerton Manor. Dan Soler, traffic engineer with Ramsey County, states that the county could post no- parking signs in front of Edgerton Manor on Edgerton Street if directed by the city council. However, he felt that Edgerton Street is wide enough to accommodate on- street parking without causing a traffic or safety problem. Staff also feels that posting no- parking signs in front of the building would cause additional parking problems to properties located to the north or south of Edgerton Manor due to the fact that the guests would be forced to park further away from the property. Mr. Menning states that there is little room for additional surface parking on the site. Therefore, staff feels the solution lies in the management requiring tenants to lease underground parking spaces for each vehicle they own. Mr. Menning states he will look into this possibility. In addition, staff recommends that the city monitor the on- street parking situation to determine the need for no- parking signs along Edgerton Street. OTHER COMMENTS Chuck Vermeersch, City Engineering Department: The setback variance for Edgerton Manor appears to be a reasonable request. It would improve access to the building for the residents and make it easier to maintain safe pedestrian access in the winter. For these reasons, the engineering department is not opposed to granting the variance. However, Edgerton Street is under county jurisdiction and this proposal should be reviewed by the county as well. Dan Soler, County Engineering Department: The changes to the front entryway of the building do not change any existing access drives from Edgerton Street. The modification will not have any adverse effect on traffic operations along Edgerton Street. The existing right -of -way in front of 2021 Edgerton Street has already been increased to 49.5 feet on the west side of the section line. This should be more than adequate right - of -way for any future work on Edgerton Street. The county does not object to the setback variance request. Butch Gervais, Fire Marshal: 1) Need 20 -foot emergency access road; 2) fire protection system per codes and monitored; 3) proper marking of door where fire protection system is located; 4) fire department lock box installed. 2 David Fisher, Building Official: 1) Provide complete building code analysis when the contractor applies for the building permit; 2) Per the file, the Edgerton Manor Apartment was built in 1971. This is before the State Building Code was adopted. The 2000 International Building Code would require all openings within 5 to 30 feet to be protected with one -hour construction; 3) A Type II -A construction with a 9 -foot, 8 -inch setback would require one hour construction and the building to be 100% fire sprinklered using the 2000 IBC; 4) The project is required to have an accessible route to meet Minnesota State Building Code Chapter 1341 Accessibility. COMMITTEE ACTION The Community Design Review Board recommended approval of the front yard setback variance and design review at their October 25, 2005, meeting (Attachment 7). SUMMARY The proposed covered entryway will better serve the tenants and meet the Minnesota handicap accessibility requirements. The improvements are attractive and will match the existing building materials. Staff recommends these improvements on the condition that the management review their parking policy to determine if requiring tenants to lease or use underground parking for all of their vehicles is feasible and that the city monitor the on- street parking along Edgerton Street to determine the need for no- parking signs. City staff will bring the results of the study back to the city council for review within two months of the variance approval. RECOMMENDATIONS Adopt the front yard setback variance resolution attached. This resolution approves a 20 -foot, 4 -inch front yard setback variance for the construction of a covered entryway for Edgerton Manor located at 2021 Edgerton Street. Approval is based on the following findings: a. Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the current property owner. The building was constructed in 1971, prior to any handicap accessibility requirements. At that time the building was constructed 37 feet, 8 inches to the Edgerton Street right -of -way, limiting the buildable area for a handicap accessible entryway. b. Construction of the proposed handicap accessible entryway will better serve the tenants and meet the Minnesota Handicap Accessibility requirements. C. The right -of -way along Edgerton Street in this area is inconsistent and there is existing development on the west side of the street which is closer than that being requested for the handicap accessible entryway. The variance is approved with the following conditions: 3 a. Edgerton Manor management shall review their parking policy to determine if requiring tenants to lease or use underground parking for all of their vehicles is feasible. b. The City of Maplewood will monitor on- street parking along Edgerton Street to study the need for no- parking signs. City staff will bring the results of the study back to the city council within two months of the date of the variance approval for review. 2. Approve the plans date - stamped September 20, 2005, for the proposed covered entryway at Edgerton Manor located at 2021 Edgerton Street. Approval is subject to the following conditions: a. Repeat this review in two years if the city has not issued a building permit for this project. b. Before getting a building permit, the applicant must submit to staff for approval the following: 1) A revised landscape plan showing all sizes of the proposed plant species. 2) Sample building materials to be approved by staff. 3) New entry door frames to be hunter green to match existing shutters. All other materials to match existing building materials. C. The applicant shall complete the following before final inspection of the covered entryway: 1) Install all required landscaping. 2) Make all necessary repairs to the existing driveway due to damage by construction. d. All work shall follow the approved plans. The director of community development may approve minor changes. 13 CITIZEN COMMENTS Staff surveyed the 58 surrounding property owners within 500 feet of this site for their comments. Seven comments were received as follows: John Ahem, Edgerton School Principal: The proposal makes sense. 2. Denise Wold, 2010 Edgerton Street North: The plans look nice and would add a much needed new look! I would also like to see the elimination of on- street parking specific to the apartments. I believe it should be a requirement for all tenants and visitors to use designated parking in the parking areas. I am tired of the tenants and their visitors using part of my front yard (grass) to park. Edgerton has become busier over the past few years. When people use the street as parking it not only contributes to the congestion but also makes it extremely difficult to access my driveway or enter Edgerton from my driveway (very difficult to see). It also, without sidewalks, makes it difficult for everyone trying to walk including myself. I would like to see these issues addressed when the improvements to the building are made. 3. Debra Newman, 2050 Bradley Street North: It's fine with me. 4. Barbara Blakley, 573 Skillman Avenue: If this is better for the tenants and the handicap, then they should move forward. The design looks good. 5. Michelle Brechon, 563 Skillman Avenue: I feel that this plan is very good and I am not bothered at all by the remodeling. I think there are several older people living there and I think it would be much safer for the tenants than the current (steps) status, especially in the wintertime. I also think the plans look very nice and would enhance the neighborhood's look. Therefore, I believe that you should allow this remodeling. 6. Janice McGuire, 2080 Bradley Street: Keep city code as is. Do not alter code for Edgerton Manor. Worry about the terrible streets, etc. Maplewood is getting more run -down and undesirable to live in every year. 7. Laura Powers, 557 Skillman Avenue: I would be okay with it, as long as there is absolutely no parking allowed at any time in any of the driveway or at the street. It is dangerous when going east on Skillman and when waiting to turn left (or north) onto Edgerton and in looking for traffic coming from the right (in front of Edgerton Manor) and it can't be seen when cars are parked in front. 5 REFERENCE SITE DESCRIPTION Site size: 1.93 Acres Existing Use: Rental Apartments 6il1 N:A111.I Q I.I;HAe1.111119 *1 North: One Single Family House and Townhouses South: Edgerton Park East: Single Family Houses West: Apartments PLANNING Land Use Plan Designation: High Multiple Dwelling Residential (R -3H) Zoning: Multiple Dwelling Residential (R -3) Findings for Variance Approval State law requires that the city council make the following findings to approve a variance: Strict enforcement would cause undue hardship because of circumstances unique to the property under consideration. 2. The variance would be in keeping with the spirit and intent of the ordinance. Undue hardship, as used in connection with the granting of a variance, means the property in question cannot be put to a reasonable use if used under the conditions allowed by the official controls. The plight of the landowner is due to circumstances unique to his property, not created by the landowner, and a variance if granted, will not alter the essential character of the locality. Economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the terms of the ordinance. Design Review Section 2 -290 of the city code requires that the community design review board make the following findings to approve plans: That the design and location of the proposed development and its relationship to neighboring, existing or proposed developments, and traffic is such that it will not impair the desirability of investment or occupation in the neighborhood; that it will not unreasonably interfere with the use and enjoyment of neighboring, existing or proposed developments; and that it will not create traffic hazards or congestion. 2. That the design and location of the proposed development is in keeping with the character of the surrounding neighborhood and is not detrimental to the 0 harmonious, orderly and attractive development contemplated by this article and the city's comprehensive municipal plan. 3. That the design and location of the proposed development would provide a desirable environment for its occupants, as well as for its neighbors, and that it is aesthetically of good composition, materials, textures and colors. Application Date We received the complete application and plans for this proposal on September 20, 2005. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required on this proposal by November 19, 2005, unless the applicant agrees to a time extension. P: Sec 17 \Edgerton Manor \10 -25 -05 CDRB Memo Attachments: 1. Variance Statement 2. Location Map 3. Survey 4. Landscape Plan 5. Elevations 6. Variance Resolution 7. October 25, 2005, CDRB Minutes 7 Attachment 1 David L. Farris x Architect 17675 HOGAN AVE. I1ASTINGS, MN. 55033 / 651480 -2087 / DL11987 @AOL.COM 20 SEPT. 2005 VARIANCE APPLICATION FOR: EDGERTON MANOR 2021 EDGERTON STREET MAPLEWOOD, MN. PROPOSAL TO ALLOW A PROPERTY LINE SETBACK @ EDGERTON OF APPROXIMATELY 9' WHERE 30' IS REQUIRED. JUSTIFICATION • THE EXISTING ENTRY IS IN NEED OF REPAIR OR REPLACEMENT. IT IS INCONVENIENT TO THE TENANTS AND UNSUITABLE TO MINNESOTA CLIMATE. THIS PROPOSAL WILL REDESIGN THE ENTRY TO ENTER AT GRADE AND PROVIDE A COVERED HANDI -CAP BUILDING ENTRANCE TO BETTER SERVE THE TENANTS & MEET THE MINNESOTA H.C. ACCESSIBLE REQUIREMENTS. • ACCORDING TO THE SURVEY THE DEVELOPED PAVEMENT FOR THIS PARCEL @ EDGERTON IS APPROXIMATELY 33' EAST OF THE PROPERTY LINE. • THE RIGHT OF WAY ALONG EDGERTON IN THIS AREA IS INCONSISTENT AND THERE IS EXISTING DEVELOPMENT ON THE WEST SIDE OF THE STREET WHICH IS CLOSER. THAN THIS REQUEST. DAVID L. HARRIS, ARCHITECT Attachment 2 iL o q Q boo N�m OEM 0 MEN 0 MEN ' 0 1 NEW ■ ®■ u L : ■ ■ ■ I ELI C7 o a 2021 Edgerton Street Edgerton Manor El El El ° e Q °Q E01° 0 Edgerton School- Edgerton St. setback is o consistent with proposed Edgerton Manor setback ❑C Q a �a "IolGpd = 0 El 0 Q B o a 0 � 0 Location Map M r y It l 1 '+ri Iv� 1rP rIIN�rI �i� k�l�, �� I� a tl 1 /3S da�i n r tt tx k6x d 1 5 1 1 ✓� v ^ mr ;a � �t 1�1 3 f r : A i } cb r LLL���rrrll { � d� su' r !. l rw svmhrat s EXISTING 3 —SWp' ROItDING 11 a i _ -- >.arn w6�mrl�rv+^.xrwva 260.17 ��� dl 1 �1 i� C N E L v ro -F� Q ALTA/ACSM Survey /ar. mOERTON PROPERT @8 L9ATM PARTNMISHP o/ Etlgerlon Monor NOBS f r r 1 f I. N r V,6nity Map =_ Prmmnr mcn nw As L9Nrroxm w srRLiur c yr vimssu rmc 6vuunumr nit xo ns yw cEnrmtiwrmx ) Rehder and Q71n nE V• V 1/. O Z z Z z '- w �w 0 �w Z N Q O J N Q OFWAY LINE n o l Y / o N � O .._ N N Dm O 7 F Q \ W \ Z W j 2 h m > 7 o m (3) SPRING SHOW CRABAPPLE � (10) GOLDFLAME SPIREA ,y) - cam (12) TAUNTON SPREADING YEW (9) RUMBA, WEIGELA z * (12) AUTUMN JOY OR NEON SEDUM �¢n (6) IVORY HALO DOGWOOD NSF (12) PURPLE CONE FLOWER X11 (12) ANNABELLE HYDRANGEA (6) BLACK —EYED SUSAN (S) PLUM PUDDING CORAL BELL T -N C F 6 L U ro -V Q ll- 8 ` � a _ i Y Siva v Y ® 9 U RM 111" A m v g d.�X � 5e 6�d1 z Z r N Z O , Fr — W U` N O N — L'GS o — _— ___— _— _C.¢ -s 6 u pp R -aS977 loft roll "M ii ii ■��/ ;ii iii . s�cnvmm�m.rca mo Attachment 6 VARIANCE RESOLUTION WHEREAS, Alan Menning, manager of the Edgerton Manor, has applied for a variance from the city's zoning code. WHEREAS, this variance applies to 2021 Edgerton Street. The legal description is: Edgerton Highlands: E 288.17 FT OF LOT 2 & ALL OF LOT 1 BLK 4 WHEREAS, Section 44- 20(c)(6) of the city's sign ordinance requires a 30 -foot front yard setback from a right -of -way for all multi - family buildings. WHEREAS, the applicant proposes to construct a front covered entryway which will be set back 9 feet, 8 inches from the Edgerton Street right -of -way. WHEREAS, the city council approved a 20 -foot, 4 -inch setback variance in order to allow the applicant to construct the front entryway within 9 feet, 8 inches from the Edgerton Street right -of -way. WHEREAS, the history of this variance is as follows: On October 11, 2005, the community design review board recommended that the city council approve this variance. The city council held a public hearing on November 14, 2005. City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The council gave everyone at the hearing an opportunity to speak and present written statements. The council also considered reports and recommendations from the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above - described variance for the following reasons: Strict enforcement of the code would cause undue hardship because of circumstances unique to the property and not created by the current property owner. The building was constructed in 1971, prior to any handicap accessibility requirements. At that time the building was constructed 37 feet, 8 inches to the Edgerton Street right -of -way, limiting the buildable area for a handicap accessible entryway. Construction of the proposed handicap accessible entryway will better serve the tenants and meet the Minnesota Handicap Accessibility requirements. The right -of -way along Edgerton Street in this area is inconsistent and there is existing development on the west side of the street which is closer than that being requested for the handicap accessible entryway. The variance is approved with the following conditions: Edgerton Manor management shall review their parking policy to determine if requiring tenants to lease or use underground parking for all of their vehicles is feasible. The City of Maplewood will monitor on- street parking along Edgerton Street to determine the need for no- parking signs. The Maplewood City Council adopted this resolution on 2 MIZE-MIMM FALMOM i 09 for phase one construction of Applewood Park. The park construction has gone extremely well with the exception of some severe rain delays and related drainage/erosion issues. The original budget for Applewood Park was $300,000. The monies are allocated from the park development fund I III RON 110111IM16 III M the budget. kph\cnange orders.applewood.parks-o.s.mern Enclosures (The contractor shall make the following changes to the contract) Distribution To: LJ Owner 0 Field D Consultant 0 Other -3 Contractor Initiation Date: 13-Sep-05 Consultants Proiect: #05-13 City Pro act. #063-3 Contract Summary to Date Original Contract Sum: ! f � 9 r-I I LIM WJ i I* �*i mli6myj or i a illj= Consultant: Brauer & Associates, Ltd. 10417 Excelsior Blvd., Suite #1 1;rpk;ns, MNIN 55343 jam/ ignfium Date Contractor: Ebert Construction 23350 Co. Road 10 Corcoran, MN 55357 mmv"M�f 1830 East County Road B Maplewood, MN 55109 Signature 16 /1 Y/V Date Date Brauer Associates, Ltd. HADOM2005,Jason - 2005105-13 APPI EWOOD\site otrservafion%change order 1,xIs Page I of 1 • Kel ii�'. - #M Distribution To: ❑ Owner ❑ Field • Consultant J Other • Contractor Rvmf�mgm Contract Summary to Date Consultant: Brauer Associates, Ltd. 10.1 llg"Zin lig We N; A Data Data RM Brauer Assodates, Ltd, HMOM2005\ ason - 2005\05-13 APPLEWOOMMe obseNation\change order 2.xis Page 1 of I Consultant: Brauer Associates, Ltd. 10.1 llg"Zin lig We N; A Data Data RM Brauer Assodates, Ltd, HMOM2005\ ason - 2005\05-13 APPLEWOOMMe obseNation\change order 2.xis Page 1 of I Agenda Item Kl MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: November 5, 2005 RE: Canvass of General Election Results It is recommended that Council approve the following resolution canvassing the results of the General Election held on November 8, 2005: CANVASS OF ELECTION RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on November 14, 2005, hereby declares the following results in the November 8, 2005, City General Election: MAYOR: Diana Longrie 2,861 Will Rossbach 2,531 Diana Longrie, receiving the highest number of votes for the General Election will be sworn in as Mayor at the January 9, 2006 council meeting. COUNCIL MEMBER: Rebecca Cave (Cunnien) 2,474 Erik Hjelle 2,772 Kathleen A. "Kathy" Juenemann 2,523 Marvin C. Koppen 2,229 Erik Hjelle and Kathleen Juenemann, receiving the top two highest number of votes for the General Election will be sworn in as Councilmembers at the January 9, 2006 council meeting. Agenda Item K2 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric RE: Calling for a Special Election DATE: November 5, 2005 Introduction The city council recently approved an ordinance specifying that a special election be held in the event of a council vacancy when more than six months is left in the term. With the September 2005 resignation of Jackie Monahan -Junek there is a vacancy on the council. Monahan- Junek's seat is scheduled to be filled by the temporary appointment of David Bartol. Background It takes approximately three months after a special election is called to meet all statutory requirements required to conduct an election. Attached is the proposed schedule if council would call a special election at the November 14, 2005 council meeting. Staff is proposing that the election be held on Tuesday, February 28, 2006 with the swearing -in of the newly elected council member taking place on March 13, 2006. With this date the filing period will be published on Wednesday, November 23, 2005 for a required two week period and the filing period will be open from December 7th through the 21 st. Recommendation Call for a Special Election to fill the vacancy on the city council to be held on February 28, 2006. November 2005 1 2 3 4 6 7 8 tlunu:ipal 9 10 11 12 E(cction 13 14 Council 15 Lass day for 16 17 18 And W u, of '„ 19 Meeting - candidates to file filing perio<i to Cana ass General certificates of Lithe News Election Results filing - 7 days and call Cor a after Cky"on Special Election 20 21 22 23 Filing period 24 25 26 pulAshed 2 weeks before filing period be gins 27 28 Council 29 30 Meeting IsAter to polling sites notification of special Clectlon December 2005 2 3 4 5 6 7 Filing period 8 Campaign 9 10 opens for 2 Finance reports weeks clue 30 days after November 811, 11 12 13 14 IS) 16 17 is 19 20 21 Filing period 22 Prepare draft 23 Ballots to 24 closes ballot", Ralusc printer county will 56-70 days to choose rotation ion hold election 25 26 27 28 29 30 31 January 2006 3 4 15 6 7 of6c< ^s closed 8 9 10 11 12 13 Last day lo 14 rnAl absentee ballot applications to voters on permanent Hot is 16 Holiday - MY 17 is 19 20 X21 offices OMNI 22 23 Council 24 25 Mast HRI 26 Send vice or 27 .Absentee 213 IACXlhlg - avAlolAc for Milton to LHA! Balloting begins Resolution absentee voting - News - 30 days before appointing 32 (lays before election cWthm judges election 29 30 31 AnIHIHI campaign finance reports clue January 31 of each year I . Nolwe of 2 3 Last clay to EI , iiorl in Little appoint election - yet ; -s judges __ 25 days before election 6 First day to conduct helalih care absentee voting - 20 days before election 13 0 Honda — City offiees elosed 7 Voter pre - regist natiou . eloses at 5:00 gyn. 21 days before election 14 21 Final voter registration. list Mad FIVvion Equymmnt diagnoslics S Mum of Eleehon in Little News — 2a:' week requirement 15 Public Accuracy 3 ast and sample ballot Fublished i 16 Lsstday to Foss Notice of Election — 10 drays before eleehori 10 Send nonce to Litho News of Publie Accuracy Test (PAT) and samhk ballot 17 Absaeutee voting at Maplewood Manor and Maplewood Care:: Center 27 City had open until 5:00 for absentee voting. Staff delivers to pnvur c:ts and judges 28 Special General Election 22 Prepare equipimmt for election made — PAT test I TO in Maplewood Room 23 Atmentm voting at Walker at Hareiridge & Ramsey County Horne 24 Mrsi day for Ageut Delivery to Nealth Care Faerlities. k,z c r.t x Rallot Bourd _ ITC Y) M arch 2006 2 Lasi day to 3 4 rc:�iurn rosf:c:�ra and voter registrafion cards to Ramsev Counts 5 6 Special Council 7 State precinct 8 9 10 mast day for '.11 meeting to caucus candiddies I canvass results request recount of special in writing t ;ithin cqcction and. 5 d<ays of ''. declare results canvass 12 13 WWI 14 15 16 17 18 :4Scct:ing Swear in Council member(s) within 7 days or (mnvass 19 20 21 22 23 24 25 26 27 28 29 30 Campaign 31 finance reports due frorri Special Election 1 28i :h Agenda Item K3 Memorandum TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: November 8, 2005 RE: Consideration of Ballot Question Introduction Minnesota State Statute 340A.413 places restrictions on the number of intoxicating liquor licenses that may be issued to cities. The City may not have more than 18 licenses, unless a referendum is placed on the ballot by the governing body and passed by the electorate. The first referendum that was held was in 1983, increasing the number of allowable liquor licenses to 25. On November 2, 1999 a referendum was held increasing the availability of liquor licenses from 25 to 32. There are currently 28 license holders and two applicants pending. After approval of these two licenses, the City will have two remaining licenses available. Background Considering current and proposed development in Legacy Village, Gladstone, Hillcrest, the Best Buy area and the empty Bennigan's, staff is requesting council consideration of a ballot referendum for an additional five (5) licenses. It is noteworthy that 19 out of the current 28 licenses issued are for restaurants or recreation uses. If council approves the referendum ballot question for the Special Election, the governing body must direct the following question be placed on the ballot: Shall the City council be allowed to issue five `on -sale' licenses for the sale of intoxicating liquor in excess of the number now permitted by law? Yes....... No........ Recommendation Approve the referendum for the Special Election and the above wording to be placed on the Special Election ballot. Agenda Item K4 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: November 5, 2005 RE: Intoxicating Liquor License Introduction Gjon Prendi has submitted a request for an intoxicating liquor license for The Olive Garden Italian Restaurant located at 1740 Beam Avenue. Background Mr. Prendi is originally from New York and came to Minnesota in 1985 to attend Southwest State University in Marshall, Minnesota. He has been residing in Burnsville for over five years and has been employed by Olive Garden since 1990. He has worked at the Burnsville, Minneapolis, and Eden Prairie stores prior to coming to Maplewood. One of Mr. Prendi's references was complimentary of him. In fact he stated, "Gjon is one of the nicest individuals that he has ever met." Another stated, that he has known Gjon for eleven years and "He is a great business man and family man." Chief Thomalla has personally met with Mr. Prendi to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the Cities of St. Paul, Eden Prairie, Burnsville, and Ramsey, and Hennepin Counties. Recommendation Nothing was identified in the background check that would prohibit Mr. Prendi from holding a liquor license. Agenda Item K5 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: November 5, 2005 RE: Intoxicating Liquor License Introduction Matthew Hinrichs has submitted a request for an intoxicating liquor license for Noodles & Company located at 2865 White Bear Avenue. Background Mr. Hinrichs is from Guttenberg, Iowa and is currently residing in Coon Rapids, Minnesota. He spent three years active duty in the Army and was honorably discharged in August 2005. Mr. Hinrichs' references were all favorable. Chief Thomalla has personally met with Mr. Hinrichs to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the Cities of Coon Roads, St. Paul, Minneapolis and Guttenberg, Iowa and Anoka, Ramsey, and Hennepin Counties. Recommendation Nothing was identified in the background check that would prohibit Mr. Hinrichs from holding a liquor license. Agenda Item K6 MEMORANDUM TO: Richard Fursman, City Manager FROM: Karen Guilfoile, City Cleric DATE: November 5, 2005 RE: Intoxicating Liquor License Introduction Guneet Ameja has submitted a request for an intoxicating liquor license for A -1 Liquor located at 19 Century Avenue. Background Mr. Ameja immigrated to the United States from India. He has been residing at his current Inver Grove Heights address for the past three and one -half years and lived in Minneapolis prior to that. Mr. Ameja is currently employed as an internal consultant for the United Health Group and his references were favorable. Chief Thomalla has personally met with Mr. Ameja to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime issues, and the Maplewood Liquor Ordinances. In the course of this investigation, state criminal history files were checked along with contacts and warrants in the Cities of Maplewood, Inver Grove Heights, St. Paul, Minneapolis and Ramsey, and Hennepin Counties. In addition, the Immigration Naturalization Service confirmed that Mr. Ameja entered the country legally on June 5, 1996. Recommendation Nothing was identified in the background check that would prohibit Mr. Ameja from holding a liquor license. Agenda Item K7 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Dahl Avenue Improvements - City Project 05 -10 — Resolution Considering Dismissal of Assessment Objection Related to Property Ownership DATE: November 3, 2005 INTRODUCTION On October 24, 2005, the City Council conducted an Assessment Hearing for the Dahl Avenue Improvements, City Project 05 -10. One objection was filed at the hearing from William Kayser on behalf of Evelyn Wallace claiming that Evelyn Wallace was the rightful owner of the property. Based on advice from the City Attorney, this objection should be denied. Background Dahl Avenue is a new public street constructed for the Woodhill Development. The proposed assessments for the Dahl Avenue Street and Utility Improvements are for costs relating to the street and utility construction that benefit the adjacent properties. The assessment is to property, not individuals, and the City is not a party nor was involved in the lawsuits over the Woodhill Development. The assessment objection claim of Mr. Kayser and a further claim that staff (Chuck AN) lied to the Council at the October 24, 2005 meeting is not supported by the facts. Attached is a copy of Mr. Kayser's objection form. Mr. Kayser also left a voice mail and e-mail claiming staff provided the Council incorrect information. Attached is the explanation of the lawsuits filed by Mr. Kayser on behalf of Evelyn Wallace. The City Attorney summarizes the results of these lawsuits as follows: It is our position that this suit, like its predecessors, is without merit. We believe the numerous court rulings on the matter confirm this. It is our opinion that the property that the City now wishes to assess was owned by the estate of James Kayser and properly conveyed to Benchmark Companies and Nedegaard Custom Homes, Inc. We do not believe that Evelyn Wallace, William Kayser or Nancy Lazaryan hold any interest in the property. Property Ownership Issue Mr. Kayser claims that Ramsey County records still show Evelyn C Wallace as the property owner. Mr. Kayser must be referring to a query search of GIS property records. City staff checked with Ramsey County Office of Registrar officials and determined that they are currently up to June 26 for records in the Abstract Office and June 7` for records in the Torrens Office, as of November 3 Many of the property orders identified in the City Attorney memo occurred in September 2005 and will not be identified in the Ramsey County website data for another 3 -4 months. Mr. Kayser's claim is not valid, as the website data is not legal information. Denial of his claim is recommended. RECOMMENDATION It is recommended that the city council approve the attached Resolution Denying the Objection of William Kayser for the Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10 Attachments: 1. Resolution: Denial of Assessment Objection 2. Property Query Selection / Woodhill Sale Document 3. Location Map 4. City Attorney Memo 5. Kayser E -mail Agenda Item K7 RESOLUTION DENYING ASSESSMENT OBJECTION WHEREAS, pursuant to a resolution adopted by the City Council on October 24` 2005, calling for a Public Hearing, the assessment roll for the Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, one property owner, Mr. William Kayser on behalf of Evelyn C. Wallace, filed an objection to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: Mr. Kayser claims that Evelyn Wallace is the legal property owner of this parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the objection of William Kayser is not based upon fact as noted by the City Attorney and records provided by the current property owner and said objection is hereby denied. 2. The assessment roll for the Dahl Avenue Street and Utility Improvements for Woodhill Development remains as proposed and approved on October 24, 2005, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2006 and shall bear interest at the rate of 6.1 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2005. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 23` 2005, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 23` 2005, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 5. The city engineer and city clerk shall transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county no later than November 24` 2005. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 14` day of November 2005. Query /Selection Results Page 1 of I Ramsey County Property (RRINFO) Se_arc- h_b_y_Parcel ID Search Parcel ID 132822120010 Street Number 2516' Unit Street LINWOOD AVE -` E City MAPLEWOOD - .,� 2IP 55119 -5873 r "� t� •r-- Owner Name 1 EVELYN C WALLACE _) Owner Name 2 % WILLIAM KAYSER d) Owner Street Address 6408 81ST AVE N Owner City/State /Zip BROOLYN PARK MN 55445 -2510 Homesteader Name i Homesteader Name 2 Homesteader Street Address Homesteader City/State /Zip Deeded Acres 11.88 Deeded Area (sq.ft.) 517492.8 Approximate Lot Frontage (ft) 100 Tax Description SECTION 13 TOWN 28 RANGE 22 W 1/4 OF NE 1 ON NW 1/4 OF NE 1/4 & NW 1/4 OF NW 1/4 OF NE 1/4 (SUB7 TO RD) OF SEC 13 TN 28 RN 22 Plat Name SECTION 13 TOWN 28 RANGE 22 Date Plat Recorded Abstract ID Torrens ID County Land Use Code (CAMA) SINGLE FAMILY DWELLING, PLATTED LOT County Land Use Code (PR&R) RES 1 UNIT Market Value Land 2006 1092700 Market Value Bldg 2006 148400 �. Market Value Total 2006 1241100 Market Value Land 2005 1086900 Market Value Bldg 2005 10000 ��' Market Value Total 2005 1096900 Total Tax Payable 2005 9012 Date of Last Sale Sale Price 0 r' Homestead Description Non - homestead Number of Residential Units 1 Year Residence Built 1961 Total Residential Living Area 1828 - -- Residence Exterior STUCCO Residence Style RAMBLER � Residence Number of Stories 1 Residence Number of Rooms 7 Residence Number of Bedrooms 4 Commercial Structure Type Commercial Year Built 0��� Topography Rolling Utilities All Public School District North St Paul - Maplewood - Oakdale Watershed District Metro Ramsey Washington http: / /maps. metro- inet. us/ RamseyCoGISIntemal /AttributeDisplaySingle.htm 11!3/2605 UN 29 2005 10 :30 RM FR HINSHAW&CULBERTSONLLP334888e TO 4715 #791110 #7637 P.01 X INSH,AW A RNEY rr s AT LAW & CULBLST SON LLP lime 29, 2005 T612-334-2516 F 612434 -8888 www.himehawlaw.com rwordsn@hinshawiaw.com TO: Kim Pribyl COMPANY: Benchmark FROM: Rolfe A. Worden MATTER NAME: FAX NO.: 763 - 757 -0649 O Campbell Mithun Tower 2222 South Ninth Street Suite 3100 Minneapolis, MN 65402 PHONE NO.: 763 -757 -2926 USER ID: 4715 MATTER NO.: 791110 NO. OF PAGES (including this Cover): 3 SENDING OPERATOR: RETURN TO: (other than above) Rolfe ❑ Sent by Office Services: 612- 334 -2721 ® Sent by 612- 334 -2654 COMMENTS, IF ANY: A copy of the Personal Representative's Deed to Woodhill LLC to the Maplewood property is attached. .Rolfe ❑ Will follow by mail ❑ Will follow by overnight mail ® Will not follow If you do not receive the number of pages listed above, please call 612- 334.2546. The documents that accompany this facsimile contain confidential and privileged information and mx intended solely for the use of the individual or entity to whom this transmission is directed. Any disclosure of the information herein is unauthorized and strictly prohibited. If you are not the intended recipient of this facsimile, please respond by facsimile to the number above or call the sending operator at our expense immediately so that we may arrange for the return of this document to us at no cost to you. Thank you. Hinshaw & Culbertson LLP is an Illinois registered limited liability partnership that has elected to be governed by the Illinois Uniform partnership Act (1997). ////OGS 110 -M Personal Represcatative's Deed Mdler /Dev7s Co. m St. Paul, MN 651.842.198a Individual Personal Ropresentative(s) to Corporation or Partnership, or U C (Top 3 inches Reserved for Recording Data) Minnesota Uniform Conveyancing Blanks (8(24195) i DEED TAX DUE- _ _..._ ..... Date: A _ - -S —t, 2'5f ...._. FOR VALUABLE CONSIDERATION as Personal Representativc(s) of the Decedent, of ICJ Decedent, single I' ] married at the time of death (i£ "married" is checked, attach a Consent of Spouse (Form No. 106 -M)), Grantor, conveys to W..codhj LLLC_,._________...._. -_ Grantee, a ___...,... L 7i d I ian Cnm pauy.,- under the laws of — Tylznnesoia,._. —_� real property in _.. .. __._ — Ramsey___......__._ —__... County, Minnesota, described as follows: The North One -half (N. 1/2) of the West One -half (W, 1/2) of the Northwest One - quarter (N. W. 1/4) of the Northeast Ono- quarter (N.E. 1 /4) of Section Thirteen (13), Township Twenty -eight North (T. 28 N), Range Twenty -two West (R. 22 W), according to the U.S. Government survey thereof; and the North One -half (N. 1/2) of the West One -half (W, 1/2) of the West One -half (W, 1/2) of the East One -half (E. 1/2) of the Northwest One - quarter (N.W. 1/4) of the Northeast One - quarter (N.E. 1/4) of Section Thirteen (13), Township Twenty -eight North (T. 28 N), Range Twenty -two West (R. 22 W), according to the U.S- Government Survey thereof, together with all hereditaments and appurtenances belonging thereto. I V] The Seller certifies that the seller does not know orany wells on lulls, described property. A w0 disclosure certificate accompanies this document. Affix Deed Tax Stamp Here I am familiar with the property described in this instrument and 1 certify that the status and number of wells on the described real property hnve not changed since the last previously tiled well disclosure certificate. PERS L REPRESENT T�) STATE OF'MINNESOTA _ COUNTY OF Ronald J. Riach __ � � This instrument was acknowledged before moon by Rauald.J,.,Riacll_.... _ - -. _ Datd) .. —__ as Personal Repres of t Estate of _ Iame Ka yre, Decedent. NorA SANDRA �.iL{.t��..��ta.G_v.. ' �^ VRA R(ACH Stf NATtatEOFN➢TAAY peat.IC ➢R OTrir;A OFFICIAL Notary Pubtie- Minnesota TmS 1NSTAnMENr WAS DtinF1'to BY (NAM1; AN➢ MDriyeej, Ronald J. Riach Franke & Riach, P,A, 1000 County Road E West Suite 200 Shoreview, MN 55126- 651- 636 -6400 91133 Check here if part or all of the land is Registered (Torrcns) Ta S for the real Oropcny dec,ihd in Nix imPNInint should be emi i (induce na,rv and We,., orC,..j o, Woodhill LLC JUN 29 2995 10:31 AM FR HINSHPW&CULBERTSONLLP3348888 TO 4715979111047637 P.03 MAP Form No. 106-M Personal Representative's Deed Minnesota Uniform Conveyancing Blanks ($124195) Milicr -Davis Co -, St. Paul, MN CONSENT OF SPOUSE Jesusa A. Kayser Spouse of Jam es H, Kays _ Decedent, consents to this Deed, _ o Ouse - — STATE OF MIN COUNTY OF _ RA MSEY .1 r This instrument was acknowledged before me on Jesusa A. Kayser (Dacc) spouse of Decedent. �yJ7 NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) / *2% SANDRA l SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL Notary Public- Minnesota My Cammiesion uxpims Jan 31, 2010 This form cannot be recorded independently. It must be attached to Personal Representative's Deed (Form No. 109-M through Form No. 114 -M). ** TOTAL PPGE.03 ** Chicago Title Insurance Company OWNERS POLICY SCHEDULE A - PROFORMA OFFICE FILE NUMBER POLICY N,(,1MPF�2 DATE OF POLI AMOUNT OF INSURANCE 20428 PROFO Date of Recording S 1,150,000.00 at Time of Recordin g V 1. Name of lnsured: Woodhill LLC 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments. Mortgage dated , filed , as Document No. , executed by Woodhill LLC, as mortgagor, to Lakeland Construction Finance, LLC its successors and assigns, as mortgagee, in the original principal amount of $1,735,000.00. and the mortgages or trust deeds, if any, shown in Schedule 6 hereof. 5. The land referred to in this policy is described as follows: The North One -half (N. Y,) of the West One -half (W. %) of the Northwest One - quarter (N.W. 114) of the Northeast One - quarter (N.E. 114) of Section Thirteen (13), Township Twenty -eight North (T. 28 N), Range Twenty -two West (R. 22 W), according to the U. S. Government survey thereof; and the North One -half (N. 1 /2) of the West One -half (W. 1 h) of the West One -half (W. 1 f) of the East One -half (E. 1 h) of the Northwest One - quarter (N.W. 114) of the Northeast One - quarter (N.E. 114) of Section Thirteen (13), Township Twenty -eight North (T. 28 N), Range Twenty -two West (R. 22 W), according to the U. S. Government Survey thereof. Ramsey County, Minnesota Abstract Property AU TA A Owner's Schedule A (10117192) This Policy valid only if Sehedula 8 is attached. (20426,pfd.20426158) Chicago Title Insurance Company OWNERS POLICY SCHEDULE B EXCEPTIONS FROM COVERAGE Office File No. 20426 Policy Number: PROFORMA This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: A. Real estate taxes payable in the second half of 2005 and thereafter. Property identification No. 13- 28 -22 -12 -0010 B. Levied assessments of record. Project Principal Balance Due 1. Water Tower $2,103.59 2. Street/Utility $5,332.00 NOTE: There are no pending assessments of record. E: ed Ass ment 5 elow. " tr 2 Rights or claims of tenants, as tenants only, in possession under unrecorded leases. 3. Easement for pipe line, in favor of Great Lakes Pipe Line Company, a Delaware corporation, as created in document filed March 31, 1931, in Book 892 of Deeds, Page 352. Conveyed to Williams Brothers Pipe Line Company, a Delaware corporation, in Special Warranty Deed dated March 15, 1966, filed April 5, 1966, as Document No. 1672978 in Book 2018 RCR, Page 575, 4. Mortgage dated 6 � ;L - 0 J , filed_, as Document No. executed by Woodhili LLC, as mortgagor, to Lakeland Construction Finance, LLC its successors and assigns, as mortgagee, in the original principal amount of $50,000.00. 5. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. 6. Easements or claims of easements not shown by the public records. This proforma policy reflects a status of record which is anticipated to exist at time of issuance and does 8_ot reflect the present record title. 4 % 6£ ,2 SCt71L t U /Y�� 1'7`t�a°�iL. -� °c.C.. '6 c�ltif.%2^- -1 t -G'�� �i C•� �.J �� }'-� CHICAGO TITLE INSURANCE, COMPANY OWNERS POLICY SCHEDULE B (continued) Office File No. 20426 Policy Number: PROFORMA Issuing Agent: Commercial Partners Title, LLC 200 South 0th Street, Suite 13Y Minneapolis, MN 55402 ; (612)337 -2470 Countersigned ALTA OWner'slLeesehold Owner's Schedule 8 (16117192) (20426.pfd/20426158) ENDORSEMENT 9 Attached to Policy No PROFORMA Issued by Chicago Title Insurance Company File Number.20426 The Company insures the insured against loss or damage sustained by reason of: 1. The existence, at Date of Policy, of any of the following unless expressly excepted in Schedule B: ( Present violations on the land of any enforceable covenants, conditions or restrictions, or or plat building lines; (b) Any instrument referred to in schedule B as specifically containing covenants, conditions or restrictions on the land which, In addition, (i) establish an easement on the land; (it) provides for either a lien for liquidated damages, a levy of private charge or assessment; (iii) an option to purchase or prior approval of a future purchaser or occupant; (c) Any encroachment of existing improvements located on the land onto adjoining land, or any encroachment onto the land of existing improvements located on adjoining land. (d) Any encroachment of existing improvements located on the land onto that portion of the land subject to any easement excepted in Schedule B_ Z. The existence, at Date of Policy, of any covenants, conditions or restrictions under which the title insured in Schedule A can be divested. 3. Any final court order or judgment denying the right to maintain any existing improvements on the land because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records, or because of any encroachment thereof onto adjoining land. Wherever in this endorsement the words "covenants, conditions or restrictions" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or !imitations contained in any lease, any instrument creating an easement or any declaration of condominium, referred to in Schedule A. This endorsement is made a part of the policy and is subject to all of the terms and provisions thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Issuing Agent: Commercial Partners Title, LLC 200 South 6th Street, Suite 1300 Minneapolis, MN 55402 (612)337 -2470 Countersigned: This endorsement shall not be valid or binding until signed by an authorized signatory. Owner's comprehensive Endorsement (20426. prdl2042616 7 ) ENDORSEMENT No. 2 Attached to and forming a part of Owner's Policy No. PROFORMA Issued by Chicago Title Insurance Company File Number: 20426 TAX PARCEL ENDORSEMENT The Company hereby insures the insured against loss or damage by reason of any inaccuracy in the following assurance: The land referred to on Schedule A herein is completely covered by tax identification number 13- 28 -22 -12 -0010. Said tax identification number does not include any other property. This endorsement is made a part.of the commitment or policy. It is subject to all of the terms of the commitment or policy and prior endorsements. Except as expressly stated on this endorsement, the terms, dates and amounts of the commitment or policy and prior endorsements are not changed. Issuing Agent: Commercial Partners Title, LLC 200 South 6th Street, Suite 9300 Minneapolis, MN 55402 (612 )337 -2470 Countersigned: Authorized Signatory This endorsement shall not be valid or binding until signed by an authorized sfgnartory. (20426.pfW20426/63) .. �� KING ST, � �7 ODAQ BATTLE CREEK MAI LAND ° GOLF CIR. o COURSE ° ° c O 1. CRESTVIEW Q ° ° vista Hills Z z MPark Park J FOREST EAK- Q O Park Of DR. O NOOD � � 1 2 ' 2. DEER RIDGE ==3 O w TEAKWOOD DR. Cn LN. CT. ° Q OAKRIDGE DR. 3: w Off. HILL WOOD LL z cn Q cn o > 2 ' DR. HILL 04k RIOGE ly- L�j v 1 CT SPR/NCSIDE �r(T���` U AE ° DR. Q� w AVE. LINWOOD w KP H L AVE. LINWOOD oP� PROMO o � ° y NTORy z U Z r OJECT D z SPLEN LOCATION o Li TIMBER WHITE OAk sNOw TIMBER TR. o LER DR. C� 8011M Le B� z SG�pL CIR. 5 PHYLIS CT, < U ADR. � U w P\N J z 2 VVIEWY �� VALLEY VIEW AVE. ReDP 3 3. /NE 1 AV. _ -- I-- -- OAR. 1. a 2. HIGHWOOD Cn Cn cn AVE. 1 7 1 7 � o w L/q /E n o Q o z = MAMIE AVE Q Q71 AVE. cn O W O Y ¢ MP�P. NEMITZ 4g4 o° AVE. < � NEMITZ ST. ER )RI CIF �LN no scale Dahl Avenue, Street and Utility Improvements for Woodhill Development C.P. 05 -10 Location Map Memorandum To: Chuck Ahl From: Dave Ramberg Date: October 17, 2005 RE: Dahl Avenue, Street and Utility Improvements for Woodhill Development, City Project 05 -10 On September 28, 2005, you requested our opinion on ownership issues affecting certain property legally described as: The West Quarter of the Northeast quarter of the Northwest Quarter of the Northeast Quarter and the Northwest Quarter of the Northwest Quarter of the Northeast Quarter (subject to road) all in Section 13, Township 28, Range 22, Ramsey County, Minnesota. Said property is to be assessed in conjunction with the above - referenced project. This property has been the subject of multiple lawsuits initiated by, or on behalf of, Evelyn Wallace and her two children William Kayser and Nancy Lazaryan.I It is our opinion that the property is owned by Benchmark Companies and that the progeny of lawsuits challenging its ownership is without merit. BACKGROUND On January 9, 2001, James H. Kayser executed his last will and testament. In his will, James Kayser devised 60% of the residue of his estate to his spouse, Jesusa Kayser, and 40% of the residue to his two minor children, Karen and Kenneth Kayser. James Kayser "specifically disinherit[ed] all other parties not specifically named" in his will. This group of disinherited parties included, among others, Nancy Lazaryan and William Kayser. James Kayser died on June 3, 2003. An application for informal probate of the will 1 Evelyn Wallace is a former spouse of James Kayser. William Kayser and Nancy Lazaryan are their children from that marriage. followed. Nancy Lazaryan and William Kayser objected, arguing that decedent lacked testamentary capacity. Special administrator Ronald Riach moved for summary judgment. In May 2004, the district court granted his motion on some of the issues but denied his motion on the issue of testamentary capacity. The three paragraphs describing what occurred are taken from the recent Appelate Court decision of Estate of James K Kayser, Decedent, A04 -1910 (Minn. Ct. App. June 28, 2005), review denied (Minn. Aug. 24, 2005). Sometime before June 16, 2004, the locks on decedent's homestead were changed and "no trespassing" signs were posted on decedent's property. On June 17, 2004, Evelyn Wallace faxed Riach a letter claiming that she had taken possession of decedent's homestead. The next day, the district court granted Riach's request for a temporary restraining order prohibiting Wallace and [Nancy Lazaryan and William Kayser] from entering decedent's homestead. After a hearing, the district court issued a temporary injunction prohibiting Wallace, [Nancy Lazaryan and William Kayser], or their agents from entering decedent's homestead. Within a day or two after the issuance of the temporary injunction, [Nancy Lazaryan and William Kayser] or their agents returned to decedent's property and again changed the locks. On July 1, 2004, Wallace and [Nancy Lazaryan and William Kayser] filed a lawsuit against the Ramsey County district court judge who had presided over the probate proceedings; Riach; and several other parties; alleging various violations of state law in connection with the issuance of the temporary injunction against Wallace and [Nancy Lazaryan and William Kayser That same day, [Nancy Lazaryan and William Kayser] filed a request to remove the judge from the probate proceedings. Their request ultimately was denied for failure to affirmatively show prejudice. At trial in August 2004, the district court heard testimony regarding decedent's testamentary capacity from four witnesses. The district court found that decedent had testamentary capacity when he executed his will and dismissed appellants' remaining objections to the probate 2 That lawsuit was eventually dismissed by Judge Harry Crump. The dismissal was upheld by the Court of Appeals in Lazaryan v. Judge Marrinan of the Ramsey County District Court in her Capacity Personally, A05 -28 (Minn. Ct. App. Sept. 6, 2005). 2 of the will. The district court also determined that a permanent injunction was necessary to protect decedent's homestead from damage caused by Wallace and [Nancy Lazaryan and William Kayser]. Id., at 1. Among other things, the district court found that James Kayser's "homestead, located [at] 2516 Linwood Avenue East... was owned in fee simple by the Decedent and is a probate asset, rightfully under the control of the Special Administrator." (J. Marrinan's Order, Finding of Facts, ¶ 30.) The court also found that "Evelyn Wallace, formerly Evelyn Kayser, and Robert L. Wallace, her husband, executed a Quit Claim Deed to the homestead in favor of James H. Kayser on October 5, 1978, which Deed was recorded... An Amended Judgment and Decree dated October 6, 1978 was filed in the above described dissolution action and recorded... award[ing] the homestead to the Decedent, James H. Kayser... " (Id., ¶ 35.) The court found "The title insurance commitment issued by Chicago Title Insurance Company with an effective date of May 9, 2004 correctly identifies the Decedent as the owner of the real estate... " (Id., ¶ 39.) In addition to these findings of fact, the district court made the following conclusion of law. "Evelyn Wallace, William Kayser and Nancy Lazaryan have no right, title, or interest in or to the property... which property is owned in fee by James H. Kayser, deceased." (J. Marrinan's Order, Conclusions of Law, ¶ 3.) The court granted the permanent injunction noted above, stating: Evely Wallace, William Kayser, and Nancy Lazaryan, their agents, servants, employees, attorneys, and those persons in active concert and participation with them who receive actual notice of this Order by personal service or otherwise, are hereby prohibited and restrained from entering upon the property located at 2516 Linwood Avenue East, Maplewood, Minnesota. (J. Marrinan's Order at 8, ¶ 2(a).) It further ordered the return of all personal property they removed from the property (Id., ¶ 2(b)) and discharged the Notice of Lis Pendens filed June 15, 2004 (Id. at 9, ¶ 7). Nancy Lazaryan and William Kayser then challenged on appeal the issuance of the permanent injunction, the denial of their request for removal, and the dismissal of their objections to the probate of decedent's will. In June of 2005, the Court of 3 A Notice of Lins Pendens serves to place a party on notice that the relevant property is the subject of litigation. One acquiring an interest in the property during the pending action takes it subject to the outcome of the suit. 3 Appeals upheld the lower court's decisions. See, Estate of- ,Tames H. Kayser, Decedent. The following month, the Minnesota Supreme Court declined to further review the matter. Immediately the Appellate Court's decision, Nancy Lazaryan filed a motion to hold Mr. Riach in contempt of court. In response, the District Court issued an order 1) declining to entertain the motion, and 2) prohibiting Ms. Lazaryan and Mr. Kayser from filing any further pleadings in the case. In July of 2005, Evelyn Wallace then filed a Complaint for Quite Title of the property. Ms. Wallace named Mr. Riach (as representative of the estate) and Ramsey County District Court as defendants in the matter. Ms. Wallace further sought a temporary injunction. By order dated July 15, 2005, District Court Judge Robert Lynn denied Ms. Wallace's request for a temporary injunction noting: The relief sought by Ms. Wallace has already been litigated and decided adversely to her position in the underlying action. These findings have been upheld recently... [by] the Court of Appeals... There is no likelihood Plaintiff will succeed on the merits of her underlying claims. Rather, she, with the support of certain family members, seems to believe it proper to file new lawsuits. It is not. Judge Lynn then set the matter on for a hearing, to consider the dismissal of the lawsuit. The hearing took place on August 30, 2005. At the hearing, Assistant Attorney General John Garry appeared on behalf of the defending court, attorney Ronald Riach appeared on behalf of the defending estate, and attorney Patrick Tierney appeared on behalf of plaintiff Wallace. By Order of September 20, 2005, Judge Lynn granted Defendants' motion ofr summary judgment and dismissed Plaintiff's quiet title action. The court found that "Plaintiff [previously] had a full and fair opportunity to be heard on the ownership issue or that those in privity with Plaintiff (i.e. Ms. Lazaryan and Mr. Kayser) had a full and fair opportunity to be heard on the ownership issue." (J. Lynn Order at 11.) The court stated: "It is clear, from the above discussion on collateral estoppel, that Plaintiff has no legal interest in the Property and, therefore, no legitimate basis for a quiet title action." (Id. at 13.) The court concluded that, "Plaintiff is estopped from claiming she has an interest in the Property and there is, therefore, no basis for a quiet title action." (Id. at 15.) 4 Notably, Mr. Riach sought and partially received attorneys' fees, sanctions, and the like. The court found as follows: In considering Plaintiff's culpability and ability to pay, the Court finds that Plaintiff must pay any costs and disbursements imposed in this case, and must post a $2,000 cost bond before filing any action in Minnesota in relation to the Maplewood property and/or the estate of James H. Kayser. This is the least restrictive sanction to deter Plaintiff's conduct. The Court notes that if Mr. Kayser and Ms. Lazaryan were parties to this action, the Court would impose on them the attorneys' fees of Riach, as well as the sanctions imposed on Plaintiff. (Id. at 14 -15.) It is also worth noting that on September 19, 2005, William Kayser attempted to effectuate service of the Complaint for Quiet Title upon the City of Maplewood (on behalf of Ms. Wallace). It is our position that, however, that service was improper and the City is not legally required to answer the complaint. Given the seriousness of Mr. Kayser's actions, however, the City would nonetheless be compelled to respond under normal circumstances. Although Judge Lynn has dismissed Plaintiff s case, service was attempted prior to the issuance of his order (albeit subsequent to the hearing for summary judgment). Through multiple phone calls and correspondence with Plaintiff s attorney, our office has negotiated the following (temporary) resolution. Plaintiff has agreed to grant the City an indefinite extension to answer or otherwise plead on the matter. In the alternative, Plaintiff will have the City dismissed from the current action, or seek clarification that the City is already effectively dismissed. We have assured Plaintiffs attorney that should the City be forced to file a response in this action it will seek costs, attorneys' fees and sanctions. It is our position that this suit, like its predecessors, is without merit. We believe the numerous court rulings on the matter confirm this. It is our opinion that the property that the City now wishes to assess was owned by the estate of James Kayser and properly conveyed to Benchmark Companies and Nedegaard Custom Homes, Inc. We do not believe that Evelyn Wallace, William Kayser or Nancy 4 It is not this fact that we believe constitutes ineffective service, but rather Plaintiff s failure to properly amend the Complaint. Lazaryan hold any interest in the property. ADDITIONAL ASSURANCES In its Development Agreement for Woodhill Development City Project 05 -10, the Developer Nedegaard "warrants that he is the owner of the property proposed for the construction of the Woodhill development and maintains all rights and obligations necessary to construct the said improvements and to incur any property obligations." (Agreement at 1, ¶ 1.) The Developer further agrees to "reimburse any costs incurred by the City for engineering, legal, and administrative services, associated with the project." (Id. at 3, ¶ 7). The Developer further agrees as follows: the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to... any other person or persons whomsoever, for any claim demand, damages, actions or causes of action of any kind or character arising out of or by reason of the execution of this agreement or the performance and completion of the work or the improvements provided herein, which the DEVELOPER will save the CITY harmless from such claims, demands, damages, actions or causes of action or the costs disbursements and expenses of defending the same, specifically including... costs of legal services rendered in connection with defending such claims as may be brought against the CITY. (Id. at 5, ¶ 18.) Although the foregoing provides the City certain protections and assurances, we do not base our recommendation on them. Rather, we submit our recommendation based on our understanding of the relevant facts and application of law. SUMMARY It is our opinion that the property the City now wishes to assess was owned by the estate of James Kayser and properly conveyed to Benchmark Companies and Nedegaard Custom Homes, Inc. This is remains our position notwithstanding the numerous lawsuits filed on behalf of Evelyn Wallace, William Kayser and Nancy Lazaryan to the contrary. Accordingly, we believe the dedication of certain land to the City, as well as the notice and assessment of land addressed herein and contemplated at this time, is both legal and proper. 6 Ownership Information • From: Robert Cardinal Sent: Thursday, November 03, 2005 10:14 PM To: Chuck Ahl Subject: FW: Ownership Information - - - -- Original Message---- - From: William Kayser [mailto:kayser100 @comcast.net] Sent: Thu 11/3/2005 10:31 AM To: Robert Cardinal Cc: Subject: Ownership Information Mayor Cardinal, About 12 minutes into the public hearing on October 24, 2005, you questioned Mr. Ahl regarding the fact that only Al Jerovik and Benchmark Properties were noticed regarding their opportunity to present an objection to the assessment. While I was filling out the required form, you questioned Mr. Ahl by saying, "Just for our edification here, Benchmark Properties and Al Jerovik are the only two that are on the assessment rolls?' Mr. Ahl replied to your question by stating, "Those are the information that we have as to the ownership from Ramsey County." This statement by Charles Ahl was both crucial and (I believe) a lie. It was crucial because you and the council relied on it as a basis for your subsequent vote. If Mr. Ahl was to have told you and the council the truth, I believe that he would have said something like, "Although Ramsey County told me that Evelyn Wallace owned the property, I chose to ignore Ramsey County and act as if Ramsey County had told me what I wanted to hear in hopes that I could deny knowledge of the fact that Evelyn Wallace was improperly removed from our assessment rolls, and claim that Benchmark Properties was properly added to our assessment rolls." Of course, there are many other ways that Mr. Ahl could have spoken the truth, but I believe that none of those truthful ways include what he actually said at the 12 minute mark of that October 24th public hearing. There is no need for you to take my word on this. Call Ramsey County yourself (or have your secretary call). The number is 651- 266 -2000, and hit 0. When a person answers (usually about 5 minutes) ask them who owns PID 13- 28 -22 -12 -0010, which is also 2516 Linwood Ave. E. I suspect that person will tell you that Evelyn Wallace owns that property. After you do this, you can go to Mr. Ahl and say, "At the last council Ownership Information meeting, you told me that you based the assessment rolls on ownership information from Ramsey County. Who or what in Ramsey County gave you the information that Benchmark Properties owned that property that we voted to assess ?" I suspect that Mr. Ahl will not answer your question. I suspect that He will be evasive. I believe that he will not be able to answer your question because he lied to you. Of course, I might be wrong. Perhaps there actually is someone in Ramsey County who told Mr. Ahl that Benchmark Properties owned that propertiy. If so, please let me know Mr. Ahl's source of this information in Ramsey County. Sincerely, Bill Kayser Agenda Item K8 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Valley View Avenue Drainage Concerns — City Project 05 -36 — Consider Authorizing Storm Water Ponding Investigation and Authorize Project Funding DATE: November 3, 2005 INTRODUCTION During the storm of October 4 -5, 2005, a couple of properties on Valley View Avenue experienced property and home flooding. Preliminary discussions indicated a blockage of the outlet caused a backup in the area. Some long term maintenance activity and improvements may be needed to insure the blockage does not occur again. Additional investigation is needed as well. While the storm was close to a 100 -year event, our systems are designed to handle these types of events without danger to structures. These homes have experienced previous close calls and some evidence of grading in the ponding area in the early 1990's warrants investigation. A study to identify the overall system operation is recommended. Background Attached are a -mails from the residents who experienced flooding in early October. Our system should have handled this event without any danger of flooding. The rainfall ranged from 4.5 to 6 inches within a 4- 7 hour period. Typically a 100 -year event is defined as 5.9 inches of rainfall over a 24 hour period. However, we attempt to design a system with 2 -3 feet of safety for homes, so this October event exceeded our system. A study of the drainage area and confirmation of the storm capacity will range in cost from $15,000 to $20,000. Our environmental utility fund was established to handle these types of expenses. Budget Impact This was not a budgeted item; however, we created a line item within the Environmental Utility Fund for consultant services. It is proposed to transfer $20,000 to a project fund and authorize the City Engineer to have one of our consultants from the consultant pool conduct this study. Nx8101MI MI:Iki UL1111I[a]ki It is recommended that the city council authorize a Storm Water Pond and Drainage Study of the Valley View Avenue Drainage Area and direct the Finance Director to transfer $20,000 from the Environmental Utility to a Project Fund. Attachment: 1. Resident E -mails From: Mark Sandquist /NotesOne To: 10/29/2005 09:30 AM chuck.ahl @ci.maplewood.mn.us, melinda.coleman @ci.maplewood.mn.us, citycouncil @ci.maplewood.mn us, duwayne.konewko @ci.maplewood.mn.us, bryan.nagel @ci.maplewood.mn us, erik.oswald @ci.maplewood.mn us cc robynsandquist @qwest.net Subject Fw: [Fwd: October Flooding] Chuck, Thank you for your prompt and courteous note. We appreciate the attention you and others are giving this situation. We do realize that local governments can not, nor should they be expected to, resolve all of it's residents issues. In fact, Robyn and I have never asked the city for anything prior to this incident. The reason we contacted you was to explain our concern regarding the drainage issue in question. To our knowledge, this can only be addressed by the government agency responsible for this function, namely, the City of Maplewood. Please allow me to address the questions /issues raised below: 1. Drainage area When we moved into our new home several years ago, our new neighbors told us that the drainage easement had been filled in 2 years prior to our building on our lot. I understand that this is second hand information, but I believe your research will discover that it is indeed correct. Anecdotal evidence of this action was the fact that several large trees in and /or near the drainage area died soon after we moved in. We are not tree experts, however, we believe a possible cause of the trees dying was the direct affect of additional soils being placed around the base of the trees when the area was filled in to a greater extent. We understood from our neighbors that the reason for the additional fill being placed into the drainage area was that there were some folks in the neighborhood that felt the area held water for too long of a period. Once again, we believe that this occurred prior to our arrival, but we have no official documented evidence. We look forward to your research on this topic. The reason this becomes a critical issue is rather obvious. If the drainage area was altered from its original design, perhaps this altered design has lead to some unintended consequences. Please understand, this is a critical question for us. We could have raised an issue regarding the loss of trees after we moved in, we chose not to, but we remain very concerned that the current system is somehow modified from its original specifications and that concerns us. 2. Current situation /fault/ financial remuneration Since the evening of the storm, we have invested several hours of work and some monies restoring our basement to a useful condition. Much of the manual labor has been our own. We have rented and purchased carpet cleaning equipment, fans and other materials to complete this work. I believe we are now close to being able to fully utilize the area as we have in the past. We are very interested in any funds that may be available to help offset the expenses we have incurred. We look forward to your response as to what may be available to compensate us for reasonable expenses incurred. We are not aware of any additional structural or cosmetic damages at this time. However, as we progress with some additional inspections, we may discover some. Please let us know when the insurance adjuster will contact us for a visit. 3. Regular maintenance, inspection of the system We understand the large task at hand in maintaining and inspecting all aspects of a very large storm drainage system. We fully understand that "once every hundred year storms" happen infrequently. But the fact is that it did happen and the system failed. Our concern is that the system is adequate and functioning properly. We appreciate your review and inspection of the current system and look forward to your response as to what measure, if any, will be taken to rectify the issue, if in fact there is an issue to rectify. 4. Health /Mold issue Thank you for your response as to this potential issue. We look forward to working with the insurance adjuster on this issue as well. Also, please have Mr. Konewko contact us to arrange for the monitoring you reference. Thanks again for your response and concern. We look forward to working together to develop a mutually agreeable solution. Mark Sandquist - - - -- Message from "Chuck Ahl" <Chuck.Ahl @ci.maplewood.mn us> on Sun, 23 Oct 2005 11:48:06 -0500 - - - -- To: "Robyn Sandquist" <robynsandquist @qwest.net> cc: "Richard Fursman" < Richard .Fursman @ci.maplewood.mn.us >, "Melinda Coleman" < Melinda .Coleman @ci.maplewood.mn.us >, "City Council" <CityCouncil @ci.maplewood.mn.us >, nancy.blomquist @comcast.net, "DuWayne Konewko" <DuWayne.Konewko @ci.maplewood.mn.us >, "Bryan Nagel" < Bryan .Nagel @ci.maplewood.mn.us >, "Erick Oswald" < Erick .Oswald @ci.maplewood.mn.us> Sub]. RE: October Flooding Mark and Robyn: Thank you for your message. We take all flooding problems very seriously. Any claims you have against the City should be referred to me. I will forward them to our insurance carrier. I am not aware of the City filling any of the area in the past 10 -15 years, but will investigate the issues further. As I assured Mr. Blomquist when I talked to him on October 6th, two days after the big rain event, we will be following up on this drainage issue. The City also maintains a fund to assist homeowners with water damage clean up, even though our position may be that the flooding was beyond our control. If you still have wet carpet, please let me know. That issue of fault, is something that we will need to ask an insurance adjuster to investigate. My experience tells me that the City's maintenance staff and thus, the City's taxpayers, had no more ability to keep the large landscaping timbers and fireplace wood out of the outlet than you as a homeowner. We regularly maintain the system and periodically check all of our outlets. Was yours checked the day or week before the storm, the answer is no. We have over 1,000 outlets within the system and cannot check them when we are not aware of persistent problems. I know that this may sound like a government run around. It is not. As I originally noted, we take your issue and that of your neighbor's, the Blomquists, very seriously. I believe that we have a problem. You are correct that we have had a number of heavy storms in the past two years that have caused possible flooding. As a matter of hydrologic planning, we have had three storms in the 50 -100 year recurrence range in the past two years. (As a note, this only means we have a 1 -2 "; chance of these storms happening in any year, not that they happen only once in 50 -100 years) I was not aware of your problem with the flooding in the Valley View area from two years ago. At this point, we have a problem that needs to be addressed. I will be asking the City Council for funds at their meeting on November 19th to identify methods to protect the outlet from the type of blockages that occurred on Oct. 9th. This is what I mentioned to Mr. Blomquist on October 6th. This will also include an engineering evaluation of the drainage system in your area to identify if the pending system, which is supposed to be designed to avoid flooding of structures as occurred at your home and at the Blomquists. The results of this investigation should help us program improvements to the outlet and possibly changes needed to the drainage area. We will keep you informed of the findings and the proposed solutions. I fully expect that we will be implementing these improvements in the Spring of 2006 to avoid further problems to your homes and property. In the meantime, our maintenance staff have added this outlet to their program to check regularly for blockages. We were out during the evening of Oct 9th during and immediately following this big storm event. We will continue this responsive effort with our maintenance crews to help to avoid any further flooding damage to your home. I sympathize with your flooding problems, and again, we should refer any cleanup costs to our insurance carrier for consideration as to whether the City had complicity in causing this. The adjustor will also want to visit with you to understand your perspective on these issues. Please submit any costs to me for coordination. We also have a health officer, Dewey Konekwo, on our staff that can assist you with any monitoring of mold issues within your home. I have copied him on this e -mail and as part of a cleanup cost, the City will pay for a first round of monitoring to see if you have health issues due to the water entering your home. You can contact me either via e -mail, which is best, or at my office at 651 -299- 2902. Chuck Ahl Charles Ahl, P.E. Director of Public Works /City Engineer City of Maplewood 1902 East County Road B Maplewood, MN 55109 651- 299 -2902 651- 299 -2909 (fax) - - - -- Original Message---- - From: Robyn Sandquist [mailto:robynsandquist @qwest.net] Sent: Thursday, October 20, 2005 11:39 PM To: Robert Cardinal; Richard Fursman; Chuck Ahl; Melinda Coleman; Will Rossbach Subject: October Flooding Since calling the city and emailing about the flooding problem, I have had no responses back from the city. During my phone call immediately after the flooding, I do not feel addressing the building of my neighbors' walkout part of my flooding problem and felt it was used as an excuse. I am across the street at 2599 Valley View Avenue. We have been here for 13 years. I have watched the easement area during all rainfalls to be sure is not plugged and not in danger of coming to the house. I also am aware that the year before we built here, you, the city, filled in the area of our easement of dirt bringing the level up. What happened then, is a year after we built, all the trees in the area you filled died from the roots suffocating. At that time, my husband tackled the job of cutting down over 8 trees from our lovely wooded lot. Several years ago we had another of our supposedly 1 in 75 -100 year major rains. I called you then to warn you that it was up to my deck and about 3 feet from my house. My neighbor to the west of me had water right up to his house. I got the pat answer that this will not happen again. Well, it did. And even though I maintain my outlet and also was out during the storm maintaining it, the backup across the pond caused our area to overflow street level and come up 5 inches at the back of my house. I am not a walkout. I have windows that are above ground in the back and the water came in. One room is my husbands home office which is used daily. We also have computer equipment in this room. The fact that this is happening more often, I feel that the system in place is not adequate protection for us homeowners. Our insurance will not cover any of this damage. Where the water came into my windows, it went down the walls and is in the insulation behind the drywall. THis needs to be tested and accessed. We need to be sure that there is no mold growing behind the walls. Also, the storm we had several years ago was very much like this last one. I was out during that one and also went across the street to check it out. It was in no way as large as this one was because of the backup. We were warned of this storm. Were these areas checked before the storm to prevent flooding? Do the owners, and many are new to the neighborhood, know to help keep these areas free of logs and leaves? Do we need to pay for the lack of maintenance from the city and other people. I would like an answer. I have already spent hours drying out my basement and money on rental equipment to extract the water. There is more to be done and I feel someone needs to address this issue. I would really like an answer and response to my flooding. Sincerely, Mark and Robyn Sandquist From: Chuck Ahl Sent: Friday, October 21, 2005 8:00 AM To: 'nancy.blomquist @ comcast.net' Cc: Richard Fursman; Melinda Coleman; Robert Cardinal Subject: Flood Damage Nancy: You should itemize your claims for cleanup and submit them to me. I will coordinate this to our insurance carrier. You should also notify your insurance carrier that you are making a claim against the City. It is always unfortunate when flooding occurs. You need to know that the City's position with the insurance company will be that the flooding was caused by a situation that we could not avoid. A rainfall event of 4.5 to 6.0 inches of rain in a 4 -6 hour period that occurred on Oct 4th is considered a 75 -100+ year event. Your flooding was caused by this extensive amount of rainfall. It backed up into the drainage easement that you and the City debated about alterations and the walkout features of your home in 2003. It is for rainfall events like this that the City maintains and attempts to protect these easements from the alterations that occurred in 2003. The heavy nature of the Oct 4th rainfall washed numerous landscaping and firewall debris from your neighborhood into the outlet causing further backups. Upon notification, our public works crews were able to access the outlet and within a few hours, the flood waters subsided. We had numerous ponds within Maplewood, and I know within this entire region, that experienced high flood levels due to the intensity of the storm event. The debris wash outs are typical of the event and our crews did the best effort possible to make sure that the drainage system remained as free of blockages as possible. Since the City could not be expected to anticipate that your neighborhood's debris would cause the outlet to be restricted, the insurance company may conclude that the City is not liable foryour damage. When I talked to your husband on October 6th, I assured him that we would continue to look at ways to keep debris from the drain during future events. We always review our systems for improvements. We typically will provide a service to help clean up flood damage during backups. That usually involves a service such as Service Master removing and drying the carpet. This is still available to you. Any permanent damage will be referred to our insurance carrier for investigation. I provided the above explanation so that you do not think that we are automatically going to pay for your claims. My experience is that your claim against the City will be denied; however, it is something that we should have them review to be sure that they concur. If have listed my contact information below for submission of your claims. You can contact me at the telephone number below if you wish, although it is typically easiest to communicate to me through a -mail. Chuck Ahl Charles Ahl, P.E. Director of Public Works /City Engineer City of Maplewood 1902 East County Road B Maplewood, MN 55109 651 - 249 -2402 651 - 249 -2409 (fax) From: Nancy Blomquist [mailto:nancy.blomquist @comcast.net] Sent: Thursday, October 20, 2005 9:30 PM To: Robert Cardinal Cc: Richard Fursman; Chuck Ahl; Melinda Coleman Subject: RE: Bob, we need to speak directly with the person /s who have been designated to dealing with the extensive flood damage residence in our area have experienced in the recent storms. The wait has been long enough. It is now time for the City of Maplewood to correct the damage that has been done through compensation and repair. Our basement is unusable due to the dampness and odor caused by the water that saturated our carpet, under pad and walls. We would like this matter addressed by the end of business Friday October 21, 2005. There are very young children in our home and illness as well as the real possibility of the condition in the basement triggering our son's asthma is a serious concern. We need answers immediately. Nancy and Joe Blomquist From: Robert Cardinal [mailto:robert .cardinal @ci.maplewood.mn.us] Sent: Sunday, October 16, 2005 10:45 PM To: nancy.blomquist @comcast.net Cc: Richard Fursman; Chuck Ahl; Melinda Coleman Subject: RE: Nancy & Joe, This will be addressed ASAP. -- Bob cardinal - - - -- Original Message---- - From: Nancy Blomquist [ mailto :nancy.blomquist(acomcastnet] Sent: Fri 10/14/2005 8:36 AM To: Robert Cardinal Cc: Subject: We along with several of our neighbours on Valley View Avenue East in South Maplewood have extensive flood damage from the recent storms due to an outlet that was not maintained properly. The outlet was jammed with huge railway lumber as well as large tree stumps and other debris. We would like to know what the process is for residence with extensive flood damage to their homes. Asthma is a very big concern with the children in these homes not to mention the other illnesses that could become a reality as a result of any further delay. Please contact us immediately with the proper contact information. We have searched the City of Maplewood web -site without success at finding any information. Sincerely, Nancy and Joseph Blomquist No virus found in this outgoing message. Checked by AVG Anti- Virus. Version: 7.0.344 / Virus Database: 267.11.14/131 - Release Date: 10/12/2005 Agenda Item K9 AGENDA REPORT TO: Richard Fursman, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Kennard Street Improvements (Beam to County Road D) — City Project 03-04 - Resolution for Modification of Existing Landscape Contract, Change Order No. 2 DATE: November 4, 2005 INTRODUCTION A contract for the roadway construction of Kennard Street between Beam Avenue and County Road D was awarded on September 8, 2003. A second contract for landscape improvements was awarded on April 26, 2004. During construction there are often unforeseen changes or unanticipated changes in conditions from the original plans for which the engineer must direct the contractor to perform additional work or provide additional materials. The city council will consider approving the attached resolutions directing the modification of the existing landscaping contract, Change Order No. 2. Background The original landscape contract is with Nobel Nursery Retail, Inc. in the amount of $219,877.96 for the Kennard Street landscaping. Change Order No. 1, dated November 3, 2003, was in the amount of $33,114.59. Change Order No. 2 is for $2,870.00. This change order includes additional trees and shrubs that were added to the Hazelwood median, just north of Beam Avenue in conjunction with the Hazelwood Street Improvement Project which did not include landscaping items. The additional landscape work has been added to the Kennard Street Improvement Project landscape contract with Nobel Nursery. See the attached memos from SEH. Budget Impact No increase in the project budget is required as these extras still fall within the original approved budget. Nx8101MI MI:1ki UL1111 III [a]ki I It is recommended that the city council approve the attached resolution for Change Order No. 2 in the amount of $2,870.00 with Nobel Nursery Retail, Inc. for the landscaping contract of Kennard Street — City Project 03 -04. Attachments: 1. Resolution 2. Change Order 2 — Memo from SEH 3. Location Map Agenda Item K9 RESOLUTION DIRECTING MODIFICATION OF EXISTING LANDSCAPE CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03 -04, Kennard Street Landscape Improvements, and has let a landscape contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said landscape contract be modified and designated as Landscape Improvement, Project 03 -04, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 in the amount of $2,870.00. The revised contract amount is $255,862.55. No revisions to the project budget are proposed at this time as these changes fall within the original project budget. SEH Ocmbor 26, 2005 RP: Maplewood, Minnesota Kennard Street Improvements Landscaping, Paving, Lighting 4 "0 JIdUiI and hrizatioul SLI-I No. A-MAPLE0104.01 City of Maplewood Public Works Doparifflent 1902 County Road B Maplewood, MN 55109 Ann: Erin LaBerco Assistant City Engineer Doar Erm: Please find enclosed Application for Payment No, 3 for the referenced project. The quantities cornpLted to date have been reviewed and we hereby recommend approval for payment in the amount of 5 - 1 S06,30. Channe Order No. 2 is being submitted at this time for approval, with payment to be incorporated with the next pay application (No. 4). Please forward payment in the aniount of 57,806.30, along evith signed copies of di- enclosed documents, to Noble Nunwry Retail. 514. Please don't hesitate to contact me with any questions or Comments. Thank you Sincerely, Veronica A. Ande-rSOIL. Project Manager 11to Enclosures A SEH CHANGE ORDER 3535 Vadnais Center Drive, St. Paul, MN 551105196 651.490.2000 800.325.2055 851.490.2150 FAX City of Maplewood October 5, 2005 Owner Date 03 -04 Owner Project No. Kennard Street Improvements, Kennard Street - Legacy Parkway Landscaping, Paving Lighting Conduit, & Irrigation Project Name The following changes shall be made to the contract documents: Descriotlon: 1 Add trees to Hazelwood median. 2 Add shrubs to Hazelwood median. 3 Add mulch. 2 Change Order No. A- MAPLE0304.01 SEH File Na Basis of Cost: ® Actual ❑ Estimated Attachments (list supporting documents) Contract Status Time Cost Original Contract 7- May -04 $219,877.96 Net Change Prior COs 1 to 2 N/A $33,114.59 Change this Change Order N/A $2,870.00 Revised Contract $255,862.55 f , Recommended for Approval: Short Elliott Hendrickson Inc. ,n n By: Veronica A. Anderson Agreed to by Contractor." Title Approved for Owner: City of Maplewood t Engineering Division Date City Administrator Date Mayor Date Distribution Contractor Owner Project Representative SEH Office CHANGE ORDER NO.2 ITEM SCHEDULE SEH No: A- MAPLP.0304.01. Location: Maplewood, Minnesota C.P. No, 03 -04 Contractor: Noble Nursery Retail, Inc. 8659 Central Avenue Blaine, MN 554 Contract for: Kennard Street Improvements, Kennard Street - Legacy Parkway Landscaping, Paving, Lighting Conduit, & Irrigation Change Order Date: October 5, 2005 Owner: City of M 1830 County Road B East Maplewood, MN 55109 -2702 Original Contract Amount: $219,877.96 Revised Contract Amount: $255,862.55 Item Quantity No Item Unit Est. Qty, to Date Unit Price Total Increased Contract Quantities 1 Profusion Crab Apple (2" CAL B &B) EA 3 3 $250.00 $750.00 2 Dwarf Bush Honeysuckle ( #5 CONT) EA 48 48 $40.00 $1,920.00 3 Shredded Hardwood Mulch CY 5 5 $40.00 $200.00 Total Increases $2,870.00 Change Order Item Schedule atp3 ..fp3.1.0O2dera,1 CITY OF MAPLEWOOD, MINNESOTA CONSTRUCTION PLANS FOR LANDSCAPING, PAVING, LIGHTING CONDUIT, AND IRRIGATION KENNARD STREET IMPROVEMENTS KENNA" STREET - LEGACY PARKWAY FROM BEAM AVENUE TO COUNTY ROAD D CITY PROJECT NO. 03 -04 ATION OW ERSTATEOIICP LDYSTEM__tA AE?41. NOTE. TH[ EXACT LIXAFIONOE UNDERGEOUNC( LIVES OUCH AS GAS, TELEPHONE. FSEkOTIC ELECTPoC CABLE W AND PIPE 41 NES ARE UNKNOWN. THE CONTRACTOR SNETLL COWACT 'OPHER STATE ONE C41 SEFORC COMMENCING EXCAVATION . Agenda Item K10 MEMORANDUM TO: City Manager, Richard Fursman FROM: Assistant City Manager, Melinda Coleman SUBJECT: Legacy Village, Release from Master Development Agreement and Waiver of City Requirements /Development Agreement; Ramsey County Library DATE: November 7. 2005 I.I Mal N Mle III [a].I Legacy Holdings, or the Hartrford Group, is requesting 2 approvals from the City Council. The first is a request for release of Hartford, as Master Developer, to Ramsey County to become successor developer. This will allow Hartford to sell the property to Ramsey County for a new library and transfer the requirements of the development agreement to the County. The second request is to approve an exemption to the building permit requirement in Section 6.2(e) of the Master Development Agreement and authorize the payment of the city's portion of the assignments levied against the property pursuant to the proposed escrow agreement or at time of closing. REQUIREMENTS The overall Master Development Agreement requires the Master Developer, Hartford, to receive approval from the city to assign responsibilities and transfer property. In this case, Hartford needs to submit evidence of financing and the issuance of a building permit for the improvements on the library development before the city will pay its share of the special assessments levied against the library site. The County and Hartford are requesting that the City grant a waiver on the building permit requirement and allow the County to go ahead and purchase the property and pay the special assessments by November 15` If the assessments are not paid by November 15` interest on the assessments will increase and the city will need to approve an escrow agreement to guarantee that the funds get paid at time of building permit issuance. Staff has discussed this waiver request with County staff and bond counsel and we agree that there are reasons to approve this request. First, the Ramsey County Board has entered into an agreement with the Hartford Group to purchase the new library site, second, they have requested and City Council approved the PUD revision and third, architects and engineers have begun schematic design of the project. See letter (Attachment 1) from the Director of Property Management, Jolly Mangine, for additional information on the County's intentions and timeframe. Also included are the Ramsey County Board Resolutions authorizing purchase and expenditures for this project. (Attachment 2) In summary, we find that the library project is a government project and is different than a private development as there will not be new tax base created for the city. In addition, the County has made a significant commitment and expended funds toward this project, prior to final city approvals. RECOMMENDATION Staff recommends approval of the Release of Obligations under Master Development Agreement (Attachment 3). In addition, staff recommends approval of the waiver of Section 6.2(e) of the Master Development Agreement that requires that a building permit be issued prior to the City paying its share of the special assessments. In short, these approvals will allow Hartford and the County to close on the property on November 15` This will result in cost savings to the project by eliminating additional interest on the assessments and will give the County the property so they can proceed towards project completion. If the City Council does not approve the waiver, a Special Assessment Agreement will be required. Staff will have this agreement prepared and available at the City Council meeting should it be necessary. I November 2005 Property Management Julio A, hlangine, Director 660 Government Center West 50 West Kellogg Boulevard St. Paul, \IN 55102 -1657 Ms.. Melinda Coleman Community Development Director Maplewood Assistant City Manager 1830 County Road B East Maplewood, MN 55109 Dear Ms. Coleman; Tel: 651- 266 -2260 Fax: 651- 266 -2264 Ramsey County is excited to relocate one of our county libraries within the City of Maplewood. We know that much planning and action have occurred over the last several months. To demonstrate the County's commitment to this project, let me reiterate recent activities: L We have entered into an agreement with the Hartford Group to purchase the new library site within the Legacy Village Development. We have worked with them and your staff to clearly outline our vision for how the building will work on the site. 2. This vision was recently presented to the Maplewood City Council in the October PUD Revision meeting. 3. The Library Board has selected, and the County Board has ratified, the selection of a design/ build team. 4. McGough/HGA Architects & Engineers began Schematic Design on the project. 5. We are actively marketing the existing library property and hope to arrange a purchase for possession in early 2007. We expect to complete Schematic Design in early December and bring this design before the Community Design Review Board for approval by year's end. In 2006, we anticipate: A. Approving a fully funded project budget in February, then breaking ground in March. B. Substantially completing the building and moving the present library collection in the late fall. C. Opening the new Maplewood Library to the public by February 2007. Through these past and future actions, we hope you see we are earnest and actively moving forward to develop the new site. Please assure the City Council of the County's sincere intentions to quickly develop this site. Feel free to contact me with any follow -up questions. Sincerely, ` `Jolly Mangine, irec Property Management Ramsey County Attachment 1 Minnesota's First Rome Rule County pemted on recycled paper with a minimum of 10 %p eencomemmor content HP Resolution Attachment Ramsey County Commissioners Presented By Commissioner Wiessner Date March 16, 2004No,. 2004 -114 Attention: Budgeting and Accounting Alice -Jo Carlson, Ramsey County Library Jolly Mangine, Property Management Page Iof2 WHEREAS, On December 18, 2003, the Ramsey County Board of Commissioners approved the 2004 Ramsey County Budget, which included debt service to finance $12,490,000 for Phase I of the Ramsey County Library Capital Improvement Plan; and WHEREAS, During the 2004 Budget hearings, the Library shared a memo dated October 27, 2003, outlining a three phase Capital Improvement Plan approved by the Library Board on October 22, 2003; and WHEREAS The Ramsey County Library Board approved Phase I of the Capital Improvement Plan, library projects in North St. Paul (Project A), Maplewood (Project B) and Roseville (Project C) on October 22, 2003; and WHEREAS, On February 18, 2004, the Ramsey County Library Board authorized the Library Director to request the County Board of Commissioners to issue $9,750,000 in General Obligation Bonds for the Ramsey County Library Capital Budget; Now, Therefore, Be It RESOLVED, The Ramsey County Board of Commissioners accepts and approves the Ramsey County Library Capital Improvement Project Budgets for Phase I, and Library Capital Improvement Schedules for Projects B and C in Phase 1; and Be It Further RESOLVED, the County Board hereby approves the sale of $9,750,000 in General Obligation Bonds to finance Projects B and C in Phase 1 of the Ramsey County Library Capital Improvement Plan 2004 -2008: the land acquisition, design, construction and technology of the library projects in Maplewood and Roseville; and Be It Further RESOLVED, This action does not commit the County Board to capital projects in Phase 11 or Phase III of the Library's Capital improvement Plan; and Be It Further RAMSEY COUNTY BOARD OF COMMISSIONERS YEA NAY OTHER Tony Bennett ie Haigh Jim McDonough Rafael Ortega Victoria Reinhardt Janice Rettman Jan Wiessner Victoria A_ Reinhardt, Chair (Continued) 0 Bonnie C. Jackelen Chief Clerk - County Board Resolution Ramsey County Commissioners Presented By Commissioner Wiessner Date March 16 2004No. 2004 -114 Attention: Budgeting and Accounting Alice -Jo Carlson, Ramsey County Library Jolly Mangine, Property Management Page 2 of 2 RESOLVED, The County Board directs the County Manager and Property Management to work with the Library to identify project management responsibilities and a communication plan for Phase I of the Library's Capital Improvement Plan, and report to the County Board; and Be It Further RESOLVE, The County Board directs Property Management to work with the Library to issue a Request for Proposal for Design Services for Phase I, Projects B and C in accordance with appropriate County Board policies and to return to the County Board for ratification of any contracts; and Be It Further RESOLVED, The County Board directs the County Manager and Property Management to take any and all steps necessary to acquire property required to implement Project C, the Roseville project, including eminent domain within the approved budget for land acquisition and return to the County Board for approval of a final purchase agreement; and Be It Further RESOLVED, The County Board authorizes the County Manager to make all necessary budget adjustments and payments within the approved budgets for the Ramsey County Library Capital improvement Plan for the Maplewood (Project B) and Roseville (Project C) Library projects. r t RAMSEY COUNTY BOARD OF COMMISSION YEA NAY OTHER Tony Bennett X Sue Haigh – Jim McDonough X Rafael Ortega X Victoria Reinhardt X Janice Reitman _ x .Tan Wiessner _Ya—. Victoria A. Reinhardt, Chair B Bonnie C. Sack n Chief Clerk - ty Board Resolution Board of Ramsey County Commissioners Presented By _ Commissioner Parker _______— Date-, July 12, 2005 No. 2005 -263__ Attention: Budgeting and Accounting Susan Nemitz, Ramsey County Library Page 1of3 Jolly Mangine, Property Management Rob Fulton Public Health WHEREAS, On October 5, 2004, the Ramsey County Board of Commissioners ratified the Ramsey County Library Board's design team selection for the $7.9 million expansion and renovation of the Maplewood Branch Library at 1670 Beam Avenue, Maplewood; and WHEREAS, The Schematic Phase Cost Estimate prepared by the design team for the renovation and expansion of the Maplewood Branch Library exceeded the $7.9 million Project Budget approved as part of the Librarys Phase t Capital Improvement Program; and WHEREAS, The Schematic Design Phase confirmed that expanding the library building on the existing site would require finding additional public and staff parking away from the library site; and WHEREAS, On February 28, 2005, the Ramsey County Library Board directed Library Administration and Property Management to explore an alternative new sitelnew Building program that could utilize the $7.9 million project budget more effectively; and WHEREAS, On May 18, 2005, Ramsey County Library Administration and Property Management made a presentation to the Ramsey County Library Board on the status of the new site/new building program alternative which included the identification and pre - qualification of several Maplewood sites; and WHEREAS, On May 18, 2045, the Ramsey County Library Board approved the new site/new building program alternative for the Maplewood Branch Library; and RAMSEY COUNTY BOARD OF COMMISSIONERS YEA e NAY OTHER " , ny Bennett _ —_ -- ai Carter Jina McDonough _— Rafael Ortega Jan Parker —_ Victoria Reinhardt Janice Rettman Victoria A. Reinharrt, Chair (Continued) UZ Bonnie C. Jackelen Chief Clerk - County Board NMI i Board of Ramsey County Commissioners Presented By_ Commissioner Parker Date July 12, 2005No. 2005 -263 Attention: Budgeting and Accounting Susan Nemitz , Ramsey County Library Page 2 of 3 Jolly Mangine, Property Management Rob Fulton, Public Health WHEREAS, On June 7, 2005, the Ramsey County Board of Commissioners ratified the Ramsey County Library Board's decision to proceed with a new site./new building program for the Maplewood Branch Library and authorized Property Management to enter into negotiations to purchase a new site in Maplewood and return to the Ramsey County Board of Commissioners with a Purchase Agreement, an estimated Project Budget not to exceed the original total of $7,911,500 excluding land acquisition, Project Schedule, and a Financing Plan for the new building; and WHEREAS, After investigating a number of available north Maplewood sites, the Library and Property Management determined that a site within a new development known as the "Legacy Village of Maplewood" would be a preferred site for the new Maplewood Branch Library-, and WHEREAS, The Library and Property Management have negotiated a purchase agreement with Legacy Holdings -MW, LLC in the amount of $2,048,300. Based on the site selection, Property Management has prepared an estimated Project Budget that does not exceed the original total of $7,911,500, Project Schedule, and a Financing Plan for the new building; and WHEREAS, On July 6, 2005, the Ramsey County Library Board approved the purchase agreement with Legacy Holdings -MW, LLC in the amount of $2,045,800 and accepted and approved the Project Budget, Project Schedule, and Financing Plan for the new Maplewood Branch Library; Now, Therefore, Be It RESOLVED, The Ramsey County Board of Commissioners hereby authorizes and approves the purchase of the property located in the City of Maplewood, County of Ramsey, State of Minnesota legally described as: Lots 1 and 2, Block 4, Legacy Village of Maplewood, between Legacy Holdings -MW, LLC ( "Seller"), a Minnesota corporation or its assigns, and Ramsey County, a political subdivision of the State of Minnesota ( "Buyer") for the sum of $2,048,300; and Be It Further RAMSEY COUNTY BOARD OF COMMISSIONERS YEA NAY OTHER '"'any Bennett Victoria A. Reinhardt, Chair mCarter _ ( Continued) Rm McDonough Rafael Ortega By .ran Parker. Bonnie C. Jaekelen Victoria Reinhardt Chief Clerk - County Board Janice Rettman Ramsey County Commissioners Presented By .Commissione p arker Date Jul 12, 2005 No, 2045_263 Attention. ,Budgeting and Accounting Susan Nemitz, .Ramsey County Library Page 3 of 3 Jolly Mangine, Property Management Rob Fulton, Public Health RESOLVED, The Ramsey County Board of Commissioners hereby authorizes the Chair and Chief Cleric to sign and deliver the Real Estate Purchase Agreement on behalf of the County, subject to prior approval by the County Attorney's Office, the Ramsey County Library Director, and Property Management; and Be It Further RESOLVED, The Ramsey County Board of Commissioners hereby authorizes the County Manager to execute and deliver on its behalf all necessary documents required by or deemed necessary to carry out the purposes of the Real Estate Purchase Agreement, subject to prior approval by the County Attorney's Office; and Be It Further r RESOLVED, The Ramsey County Board of Commissioners hereby authorizes - and approves that the purchase price and all costs, taxes, charges or fees that Ramsey County is required to pay at closing may be paid temporarily from the Ramsey County Library Capital Improvement Program funds until the sale of the existing Maplewood Library property at 9670 Beam Avenue; and Be It Further RESOLVED, The Ramsey County Board of County Commissioners ratifies the Library Board's acceptance and approval of the new Maplewood Branch Library Project Schedule, Project Budget and Financing Plan, all dated July 6, 2005. RAMSEY C OUNTY BOARD OF COMMISSIONERS Chair YEA _ NAY _ OTHER "'onyBennett _ _ A bsen t VlctonaA.Re Ali Carter X Ji McDonough m � X - - -- Rafael Ortega X BY Ian Parker X Bonnie C. Victoria Reinhardt X _ Chief Clec Janice Rettman X ... Chair Resolution Ramsey County Commissioners Presented By Attention: Commissioner Parker Date Oc tober 25, __2005 No. 2Q45 394_ Budgeting and Accounting Jolly Mangine, Property Management Susan Nemitz, Ramsey county Library WHEREAS, A Request for Proposals process was conducted in August and September 2005 to select a Construction Manager /Design Team for the development of a new Maplewood Library; and WHEREAS, Following receipt of ten proposals, a five- member evaluation team reviewed the submissions and selected five firms to interview; and WHEREAS, The consultant group headefty McGough Construction, along with HGA Architects & Engineers, was the evaluators' unanimous choice; and WHEREAS, At their October 5, 2005 meeting, the Ramsey County Library Board approved the evaluation team's recommendation of McGough /HGA, directed staff to develop an owner - consultant agreement between the Ramsey County Library and McGough Construction and authorized the Library Board President to sign the contract on behalf of the Library Board; Now, Therefore, Be It RESOLVED, The Ramsey County Board of Commissioners hereby ratifies the selection by the Ramsey County Library Board of McGough Construction and HGA Architects & Engineers, as the Construction Manager /Design "Team for the development of a nn-w M a p 1 e_ W10 0 d Library. RAMSEY COUNTY BOARD OF COMMISSIO YEA NAY OTHER Tony Bennett _ - Toni Carter X jim McDonough —,--X-- Rafael Ortega __Sent Jan Parker -- -- ---- Victoria Reinhardt Janice Rottman Victoria A. Reinhardt, Chair Bonnie C. Jackcie C_l Chief Clerk - Board Attachment 3 CITY OF MAPLEWOOD RAMSEY COUNTY, MINNESOTA RELEASE OF OBLIGATIONS UNDER MASTER DEVELOPMENT AGREEMENT RAMSEY COUNTY LIBRARY I. Recital. 1.1 The Effective Date of this Agreement is 1 2005. 1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ( "City "), Legacy Holdings -MW LLC, a Minnesota limited liability company ( "Master Developer ") and Ramsey County, a political subdivision of the State of Minnesota ( "Successor Developer "). 1.3 City and Master Developer are parties to a Master Development Agreement with an effective date of September 8, 2003, recorded November 21, 2003 as Document No. 3704070 in the Office of the Ramsey County Recorder and recorded November 21, 2003 as Document No. 1791278 in the Office of the Ramsey County Registrar of Titles, as amended by First Amendment to Development Agreement with an effective date of February 9, 2004 and as amended by a Second Amendment to Development Agreement with an effective date of April 26, 2005 ( "Master Development Agreement "). 1.4 Various real estate parcels are subject to the Master Development Agreement and Successor Developer has entered into an Agreement with Master Developer to purchase one of the parcels subject to the Master Development Agreement for the purpose of developing a regional library project (the "Library Development "). Such parcel is referred to as 'Phase 613 — Outlots D and E of the Plat" in the Master Development Agreement but is now legally described as: Lots 1 and 2, Block 4, Legacy Village of Maplewood, Ramsey County, Minnesota (the "Subject Parcel "). 178779612 7!7/05 1.5 In connection with the acquisition of the Subject Parcel, Master Developer has requested to be released from the terms and conditions of the Master Development Agreement as to the Subject Parcel pursuant to Section 9.3 of the Master Development Agreement. 1.6 City has approved the Subject Parcel for use consistent with the proposed Library Development. On that basis, City is willing to release Master Developer from the terms and conditions of the Master Development Agreement subject to Master Developer's aclmowledgement of its obligations under Section 6.2 of the Master Development Agreement to pay a part of the special assessments attributable to the Subject Parcel as set forth on Exhibit F to the Master Development Agreement and its continuing obligations as to other parcels that remain subject to the Master Development Agreement. THEREFORE, IT IS AGREED AS FOLLOWS: II. Agreement. 2.1 From and after the effective date set forth above, Master Developer is released from its obligations under the Master Development Agreement as to the Subject Parcel subject to the following: (a) Master Developer will comply with the terms of Section 6.2 of the Master Development Agreement in connection with the payment of special assessments attributable to the Subject Parcel; and (b) Master Developer remains liable under the Master Development Agreement as to all other parcels subject to the Master Development Agreement that are not released hereby or previously released. This document drafted by: Briggs and Morgan, P.A. (DJC) W2200 First National Bank Bldg. 332 Minnesota Street St. Paul, MN 55101 (Remainder of Page Intentionally Left Blank) 178779612 7!7/05 Dated: 1 2005 CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city. By: Its: By: Its: STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 2005, by the and , the of the City of Maplewood, Minnesota on behalf of said City. Notary Public [Separate Signature Page to Release of Obligations Under Master Development Agreement] Dated: 2005 MASTER DEVELOPER: LEGACY HOLDINGS -MW LLC, a Minnesota limited liability company. By: Keith Gruebele Its: Chief Financial Manager STATE OF MINNESOTA ) ss COUNTY OF RAMSEY ) The foregoing instrument was acknowledged before me this day of 1 2005, by Keith Gruebele, the Chief Financial Manager of Legacy Holdings -MW LLC, a Minnesota limited liability company on behalf of said limited liability company. Notary Public [Separate Signature Page to Release of Obligations Under Master Development Agreement]