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Home My WebLink About2006 10-09 City Council Packet5:00 p.m. CouncillManager Workshop MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 9, 2006 Council Chambers, City Hall Meeting No. 06 -26 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE Acknowledgement of Maplewood Residents Serving the Country 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. 1 then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF AGENDA F. VISITOR PRESENTATIONS G. APPOINTMENTS /PRESENTATIONS Historical Preservation Commission H. PUBLIC HEARINGS CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion. If a member of the City Council wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Certificate of Authority for Brokerage Firm 3. Water Surcharge Ordinance — Second Reading 4. 2006 COPS Technology Grant 5. Jensen Estates Improvements, City Project 05 -15, Table Consideration of Resident Petition to Remove Trail Connection to Currie Street (2320 Hoyt Avenue) to October 23` Council Meeting 6. License Renewal — Cashway Checking — 3035 White Bear Avenue 7. Kline Nissan Irrigation System Reimbursement, City Project 03 -07, T.H. 61 Improvements 8. County Road D East Improvements (TH 61 to Southlawn), City Project 02 -07, Resolution Approving Change to Construction Contract (Change Orders 25 — 28) J. AWARD OF BIDS Cottagewood Public Improvements, City Project 06 -10, Resolution Approving Award of Construction Contract K. UNFINISHED BUSINESS 1. Electric Franchise Tax Increase Ordinances — First Reading 2. Code Revisions Alcoholic Beverages — First Reading L. NEW BUSINESS 1. County Road D East Improvements (TH 61 to Southlawn), City Project 02 -07, Resolution Requesting MnDOT to Conduct Speed Study for the Purpose of Increasing the Posted Speed Limit 2. County Road D West Improvements (TH 61 to Highridge Court), City Project 02 -08, Resolution Approving Change to Construction Contract (Change Orders 21 — 25) 3. Nancy Lazaryan 4. South Maplewood Development Moratorium M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS Firms to Coordinate City Manager Hiring Process 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 City of Maplewood expects of everyone appearing at Council Meetings - elected officials, staff and citizens. It is hoped that by following these simple rules, everyone's opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another. keep emotions in check and use respectful lanauacie. Agenda Item E1 MINUTES CITY COUNCIL/MANAGER WORKSHOP Monday, September 25, 2006 Council Chambers, City Hall 5:00 P.M. A. CALL TO ORDER A workshop of the City Council was held in the Council Cham to order at 5:00 P.M. by Mayor Longrie. 11, and was called B. ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember Present Present Present Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve th Seconded by Councilmember Cave D. NEW BUSINESS 1. IT /Finance /REAL /Legislative/ Exe IT Director Fowlds, Finance Director Faust, REaL Director Guilfoile, and Interim City Manager Copeland provided a department update, 2007 budget summary and future goals for their departments respectively. Housing and Redevelopment' Authority Interviews The following applicants were interviewed for the Housing and Redevelopment Authority in the following order: rearson Tkachuck Applicants Beth Ulrich and Jeffery James were interviewed at the August 14, 2006 Council /Manager workshop. Mayor Longrie's decision will be approved by council and appointments will be announced at the following City Council Meeting. E. ADJOURNMENT Mayor Longrie adjourned at 6:48 p.m. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, September 25, 2006 Council Chambers, City Hall Meeting No. 06 -25 A. CALL TO ORDER A meeting of the City Council was held in the Council Chambers, at C 7:04 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE A 0 ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA Mayor Longrie moved to a M1. Rush Line Corridor M2. Police Officer Incid, M3. Firefighters Union { M4. City Staff Formatioi M5. Newspaper Article M6. Attendance at the F N1. Legal Costs in Ec Agenda Item E2 was called to order at Seconded by Councilme E. APPROVAL OF MINI, 1. Minutes from the Councilmember R ember 11, 2006 Special Meeting moved to approve the minutes from the September 11, 2006 Special City Seconded by Mayor Longrie Ayes -All 2. Minutes from the September 11, 2006 City Council Meeting Mayor Longrie moved to approve the minutes from the September 11, 2006 City Council Meeting as presented. Seconded by Councilmember Cave Ayes-All City Council Meeting 09 -25 -06 1 F. VISITOR PRESENTATIONS 1W I:111 1. Nancy Lazaryan, 10734 West Lake Road, Rice, MN, made a presentation to the council referencing the September 11 City Council meeting and a Maplewood property. APPOINTMENTS /PRESENTATIONS 1. Housing and Redevelopment Authority Appointments a. Mayor Longrie presented the report. Councilmember Rossbach moved to appoint the following applicants to the Housing and Redevelopment Authority: • Beth Ulrich • Joy Tkachuck • Gary Pearson • Jeffrey James Seconded by Councilmember Hjelle Ayes-All PUBLIC HEARINGS None CONSENT AGENDA Mayor Longrie moved to approve consent agenda items 1, 2, and 5 Seconded by Councilmember Hjelle Ayes-All Mayor Longrie moved to approve consent agenda item' 3 with the addition of a notice section added Seconded by Councilmember Hjelle Ayes -All Councilmember Juenemann moved to approve consent agenda item 4 with special thanks to C Engineer Ahl Seconded by Councilmember Hjelle Ayes -All 1. Approval of Claims $ 107,464.59 Checks # 70820 thru # 70867 dated 09/06/06 thru 9/12/06 $ 126,087.80 Disbursements via debits to checking account dated 08/31/06 thru 09/07/06 $ 130,492.87 Checks # 70868 thru # 70913 City Council Meeting 09 -25 -06 2 dated 09/12/06 thru 09/19/06 $ 1,851,192.25 Disbursements via debits to checking account dated 09/08/06 thru 09/14/06 $ 2,215,237.51 Total Accounts Payable Payroll Checks and Direct Deposits dated 09/08/06 Payroll Deduction check # 106112 t dated 09/08/06 $ 2,671,351.46 GRAND TOTAL Conditional Use Permit Rev Avenue East) Approved to review the conditional' 255 Roselawn Avenue again only if change to the site. 3. Agreem Approved the DeN Lauren & Compar city to contact the TH 36 Impr Agreement d the folio\& Avenue in ( erim City M West (225 — 255 Roselawn Business Center West at 225 - owner proposes a major 06 -08 Approval of Stormwater Maintenance arm Water Maintenance Agreement between plewood with a notice section added to enable the Century), City Project 05 -03, Resolution Approving ck of Castle Avenue resolution approving the Agreement with MnDOT for the turnback of ange for a payment by MnDOT of $75,112.65 and authorized the Mayor ger to sign the Agreement: CITY OF MAPLEWOOD RESOLUTION 06 -09 -117 IT IS RESOLVED that the City of Maplewood enter into Mn /DOT Agreement No. 89658 with the State of Minnesota, Department of Transportation for the following purposes: To provide for the jurisdictional transfer, from the State to the City, of Castle Avenue East from White Bear Avenue eastwardly to the Maplewood City Limit within the corporate City limits under Control Section No. 6211. IT IS FURTHER RESOLVED that the Mayor and the City Manager are authorized to execute the Agreement and any amendments to the Agreement. City Council Meeting 09 -25 -06 3 5. Kenwood Area Street Improvements, City Project 05 -16, Resolution Approving Change Orders 7 and 8 Adopted the following resolution directing the modification of the existing construction contract for the Kenwood Area Neighborhood Street Improvements, City Project 05 -16, Change Orders 7 and 8: RESOLUTION 06 -09 -118 DIRECTING MODIFICATION OF EXISTING CONSTRUCTIO PROJECT 05 -16, CHANGE ORDER 7 and 8 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05 -16, Kenwood Area Neighborhood' Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 05 -16, Change Order Nos. 7 and 8. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorized and by executing said Change Order Nos. 7, 8 and 9 in the contract amount is $4,466,202.34.', 2. The finance director is hereby authorized to mi implement the revised financing plan for the projE established. The proposed financing plan is as fo Assessments: Ramsey Wash 1 Sanitary Sewer SPRWS Obligati Environmenta Investment Int Debt Service 1 Total J. AWARD None to modify the existing contract of $12,964.05. The revised e financial transfers necessary to project budget of $5,494,682.38 shall be itershed District: $ 92,700.00 ility Fund: $ 567,846.46 7: $356,096.41 $ 80,000.00 ity Fund $ 338,215.01 t: $ 60,000.00 $ 2,545,204.50 $ 5,494,682.38 K. UNFINISHED BUSINESS 1. Reconsideration — Conditional Use Permit Review (Liberty Classical Academy — 1717 English Street) a. Planner Roberts presented the report. City Council Meeting 09 -25 -06 4 b. The following person was heard L 2 3 Kathy Smith, 1964 Price Avenue, Maplewood Councilmember Rossbach moved to set 120 as the maximum number of students that the Liberty Classical Academy may have at their location at 1717 English Street and approved to review the conditional use permit for Liberty Classical Academy at 1717 English Street again in February 2007. Seconded by Councilmember Juenemann Ayes -All Stop Sign — No Parking Requests: Harris Avenue /Kennard /Rosewood /MaryKnoll a. City Engineer Ahl presented the report. b. The following persons were heard: Richard Jechorek, 1678 Rosewood Avenue North,, Maplewood Elizabeth Jechorek, 1678 Rosewood Avenue North, Maplewood Deb Mishler, 1655 Harris, Maplewood Richard Jechorek, second appearance Dave Schreiner, 1721 Rosewood Avenue North, Maplewood Councilmember Hjelle moved the establishment of a 4 -wav stop condition at Seconded by Councilmember Cave Ayes- ouncilmembers Cave, Hjelle and Juenemann Nays -Mayor Longrie and Councilmember Rossbach Councilmem Seconded by Councilmember Hjelle Ayes -All e Revision Discussion - Alcoholic Beverages a. REaL Director Guilfoile presented the report. Council provided Ms. Guilfoile direction and guidance on how to proceed with the proposed code revision amendments for her to bring back as a first reading at the October 9 City Council Meeting. NEW BUSINESS 1. Change of Manager Intoxicating Liquor License — Red Lobster - Michael Pauly a. REaL Director Guilfoile presented the report. C. Michael Pauly was present for council questions. City Council Meeting 09 -25 -06 5 Councilmember Cave moved to approve the Change of Manager /intoxicating Liquor to Michael Pauly for Red Lobster Restaurant. 2 Seconded by Councilmember Hjelle Ayes -All Jensen Estates Improvements, City Project 05 -15, Resident Petition to Remove Trail Connection to Currie Street (2320 Hoyt Avenue) a. City Engineer AN presented the report. b. The following persons were heard: Gayle Schroeder, 2320 Hoyt Avenue, Map Tim Greeninger, 2289 Hoyt Avenue, Map1E 3 Mayor Longrie Seconded by Councilmember Cave Crestview Forest Addition Imp of Preliminary Report on Turn[ a. City Engineer AN prese City Project 06 -21, Resolution Authorizing Preparation ate Street to Public Ownership b. The following person was heard: Joe Millar, 532 Sterling Street, Maplewood Councilmember Rossbach moved to adopt the following resolution authorizing preparation of :ESOLUTION ° 06 -09 -119 PARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to private streets and utilities within the Crestview Forest Addition, City Project 06 -21, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, + BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $5,000 are appropriated to prepare this feasibility report. Seconded by Councilmember Juenemann Ayes-Council members Cave, Hjelle, Juenemann and Rossbach Nay -Mayor Longrie City Council Meeting 09 -25 -06 6 4. Gervoio Avenue Improvements, City Project O5-17. Resolution Adopting Final Action on Assessment Objections a. City Engineer AN presented the report. b. The following person was heard: Pete Sampair, 935 Park Avenue, Mahtomedi RESOLUTION 06-09-120 ADJUSTMENTS TO ASSESSMENT WHEREAS, pursuant to a resolution adopted by the City Council on September 11, 2006, th9 assessment roll for the G8rv@|SAvenue City 05-17, was p[8S8Ot8d in Public Hearing format, pursuant Minnesota Statutes, Chapter and WHEREAS, two property owners filed 8D objection to their assessment according bJthe requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1 . Peter Sampair, Chief Manager of Viking Drive LLC: Lot at the southeast corner Cfthe intersection of Gervais Avenue and Maplewood Drive, 1111 Viking Drive E (PIN D92S3242OOO9): Mr. S8D1p@|[ disagrees objects OO the basis that the property value will not increase by the amount assessment. 2. Dharmendra B Bhakta, Owner: Second lot west of the northwest corner of the intersection of Gervais Avenue and Maplewood Drive, 0 Gervais Avenue (PIN 2\: Mr. Bhakta objects to the assessment Ul applied to NS lot and is requesting deferral Of the assessment until the |lot iSdeveloped because it would cause @ financial hardship. ITT A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Gervais Avenue Street & Storm Assessments, BC Peter Sampair, Chief Manager of Viking Drive LLC: Lot at the southeast corner of the intersection of Gervais Avenue and Maplewood Drive, 1111 Viking Drive E (PIN 092922420008): Deny cancellation of assessment. Assessments are levied to properties abutting order no ease the general tax levy. Requesting cancellation o/a developed basis that the street improvement will not increase the property value by the assessment dollar amount does not meet the criteria for cancellation. Furthermore, street irnprovennentahowoboonehovvntoincreaoepnopertvva|ueandnpur|ooa| re-development. 1. Dharmendra B Bhakta, Owner: Second lot west from the northwest corner of the intersection of Gervais Avenue and Maplewood Drive, 0 Gervais Avenue (PIN 092922130012): Grant deferral of assessment, without interest, until such time property is developed, subject to a signed agreement by the property owner. |f the property io not developed within 15 years from the date of the assessment hearing, the deferred assessment shall be cancelled. City Council Meeting OQ-25-08 B. The assessment roll for the Gervais Avenue Street & Storm Assessments, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the 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. C. 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 2007 and shall bear interest at the rate of 5.9 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, 2006. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. 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 1, 2006, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, 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 1, 2006, 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. E. The city engineer and city clerk shall forthwith after November 1, 2006, but no later than November 15 2006, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Seconded by Councilmember Hjel A five minute break was taken. Kurt Schneider, CoPa' Thursday, September Councilmember Hjelle presentations are core the meeting on Thurs( Seconded by Council Carver Crossing (Car Conditional Use Perrr Street Right-of-Wi Plat opment, 5:00 p.m W W T Wl , er Avenue and Henry Lane) -Item Tabled it for Planned Unit Development (PUD) .v and Easement Vacations Ayes -All sted Carver Crossing (Item L5) be heard on us the October 9 1h Council Meeting. 1i . u Ayes -All M. COUNCIL PRESENTATIONS Rush Line Councilmember Rossbach provided an update from the recent Rush Line Corridor meeting which included the 2007 budget and studies on routes and modes of transportation. Mr. Rossbach wanted to be sure everyone understood that the county trail systems (i.e. Vento Trail) are transportation corridors owned by Ramsey County Regional Rail Authority and could potentially be used for other forms of transit other than bike trails. City Council Meeting 09 -25 -06 2. Police Assault Report Councilmember Hjelle stated that he has been informed that he did not assault a Maplewood Police Officer and added that the statement by Fire Fighter Union Representative Mike Stockstead was simply a lie. 3. Fire Fighters Union Contract Councilmember Hjelle informed council that the Fire Fighters Union has not submitted a labor contract proposal as of yet and asked Interim City Manger Copeland what provisions have been made if the firefighters simply walk -out. Mr. Copeland stated that a walk- -out would clearly be in violation of their contract and would like to think Mr. Stockstead was not serious about his threat and, being essential personnel, the firefighters would not withdraw their services unilaterally. 4. Bureau of Mediation Services Meeting Councilmember Hjelle thanked Mr. Copeland for supporting and not opposing department managers and other staff in the formation of a union bargaining unit. He further commended him for not wasting further tax money on such an enterprise and that if the Department Managers and various staff want to forma labor union, and be considered, treated, compensated and paid like labor, that is their right and the city should not oppose their wishes. 5. Newspaper Article Councilmember Cave wanted to go on record that she does not have a strong dislike for Kelly & Fawcett as was printed in a recent newspaper article. Ms. Cave did not support paying the firm from a contract that was signed between former City Manager Fursman and Patrick Kelly but not agreed upon by council. Mr. Rossbach responded to the newspaper article saying "he stated his personal belief which he has a, right to state.' 6. Attendance at Meetings Mayor Longrie commended and thanked Mr. Copeland for attending recent Parks and Recreation Commission and Historical Preservation meetings. The Mayor relayed from commissioners that his attendance was well received and appreciated. N. ADMINISTRATIVE 1. Legal Costs a. Interim City Manager' Copeland presented the report. CounciIME attorney f Seconded O. ADJOURNMENT ber Cave moved to approve payment on the final bill from Derk Schwieger for in the amount of $1.806.01. Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nays - Councilmember Juenemann Mayor Longrie adjourned the meeting at 11:20 p.m. to reconvene on Thursday, September 25 at 5:00 p.m. City Council Meeting 09 -25 -06 9 Togerher I'Ve Call September 22, 2006 TO: City Council FROMi Greg Copeland City Manager RE: Historical Preservation Commission Agenda Item G1 The attached memorandum from Lois Behm, Staff Liaison to the Historical Preservation Commission, indicates the Commission's recommendation that Peter Boulay be appointed to the last remaining commission vacancy. I have scheduled him to appear for an interview at 6:30 pm on October 9, 2006 after your budget workshop_ Terms of appointment are for three years according to City of Maplewood Ordinance No. 755, Peter Boulay's application is attached. OFFICE OF THE CITY MANAGER 651-249-2051 FAX: 651-249-2059 CITY Or MAPLEWOOD 1830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 TO: Mayor Longrie Councilmembers Cave, Hjelle, Juenemann, Rossbach Interim City Manager Copeland FROM: Lois Behm, Staff Liaison DATE September 18, 2006 SUBJECT: Commission Applicant Attached is a copy of Peter Boulay's application for appointment to the Maplewood Historic Preservation Commission. The members of the Commission are very pleased that Pete is willing to serve on the Historic Preservation Commission. He was a prime mover in establishment of the original Historical Commission, serving initially as a member and later as chair. When the Historical Commission was created by Council ordinance, its primary purpose was to establish a historical society with the purpose of preserving the history of Maplewood and its surrounding area. The Maplewood Area Historical Society was launched in 1997, with Peter Boulay as its first President, and has steadily increased its membership and accomplishments. Pete worked tirelessly and was responsible for much of the success of Maplewood's 40th anniversary celebration in 1997. He is very interested in again working with the City Council and Staff as well as residents, businesses and civic organizations, including this Commission and the Historical Society in making the 50th Anniversary another successful event. On behalf of the members of the Historic Preservation Commission, I am recommending appointment of Peter Boulay as the seventh member of the Commission. CITY OF MAPLEWOOD BOARDS AND COMMISSIONS APPLICANT INFORMATION FORM NAME ' ? C) o,l ADDRESS o o C- n 1 r0 C— 1 AAA C 1 1 CA PHONE NO. work: Home. DATE 1) How long have you lived in the City of Maplewood? 2) Will other commitmen'ts make regular attendance at meetings difficult? Yes No A Comments: -3) On which Board or Commission are interested in serving? (please check) Community Design Review Board Park & Recreation Commission Housing & Redevelopment Authority Planning Commission Human Relations Commission Police Civil Service Commission Environmental Committee Historic Preservation Commission 4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities? C') 5) List other organizations or clubs in the Community in which you have been or are an active participant: A q keA�JOO 3 k(-0-4�, 4 Sk 0 r N A-� S�tz—p CtUL3- 6) Why would you like to serve on this Board or Commission? I :— c.-,—,- �SAv ADDITIONAL CON&JENTS: C} THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC EXCEPT FOR ROME AND WORK TELEPHONE mumBE)?s. Return or mail Misapplicati t Cit of Maplewood 1830 County Road B East, Maplew MN sslog ZM IGRMOUds & Cammil3kWa 0311M AGENDA NO. 1-1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: October 2, 2006 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: 1,290,012.75 Checks # 70914 # 70961 dated 09/22/06 thru 09/26/06 147,673.50 Disbursements via debits to checking account dated 09/15/06 thru 09/22/06 $ 589,487.76 Checks # 70962 thru # 71018 dated 09/25/06 thru 10/03/06 264,249.82 2,291,423.83 PAYROLL 470,798.39 2,305.25 473,103.64 Disbursements via debits to checking account dated 09/25/06 thru 09/28/06 Total Accounts Payable Payroll Checks and Direct Deposits dated 09/22/06 Payroll Deduction check # 106306 thru # 106307 dated 09/22/06 Total Payroll $ 2,764,527.47 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 if necessary. ds attachments S:\CTY Lists and Reports 2006\Agenda Reports\1 0-09-06\1 1 Approval of Claims.xls Check Register City of Maplewood 09/22/2006 Check 70914 70915 70916 70917 70918 f• f f• 70922 70923 70924 70925 70926 70927 70928 70929 70930 70931 70932 70933 70934 70935 70936 70937 70938 70939 70940 70941 70942 70943 70944 70945 70946 70947 70948 70949 70950 70951 70952 70953 70953 f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. f• ff. Vendor Description Amount f ff f f f f .f f .f f f� f f� f f� f f� f f� f f f f f ff f• f� ffff f ff ff f ff. ff. f f f ff•• f f•• f f• f f f f f f ffff ffff ffff ffff ffff ffff ffff ffff f f f �f f f �f• f �f• f �f• f �f• f �f• f �f• f 'f• GARY L FISCHLER & ASSOC PA GOPHER STATE ONE -CALL KIMLEY -HORN & ASSOCIATES INC KIMLEY -HORN & ASSOCIATES INC REINHART FOODSERVICE REINHART FOODSERVICE CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL CITY OF ST PAUL MEHA AMERICAN ENGINEERING BERNATELLO'S PIZZA INC BERNATELLO'S PIZZA INC REBECCA CAVE COMMISSIONER OF TRANSPORTATION DAN KRIVIT & ASSOCIATES ESCROW REFUND EUREKA RECYCLING FOREST LAKE CONTRACTING INC GAMETIME ERIK HJELLE ERIK HJELLE INDEPENDENT SPORTS NETWORK LAW ENFORCEMENT OPPORTUNITIES ALISHA LUKIN METRO SALES INC MN FALL MAINTENANCE EXPO MN FALL MAINTENANCE EXPO MN NCPERS LIFE INSURANCE JEAN NELSON NORGAARD HOMES INC CITY OF NORTH ST PAUL SANDRA K OLSON SANDRA K OLSON ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR ONE TIME VENDOR PEPSI -COLA COMPANY PETTY CASH RAMS EY-WASH I NGTON METRO DIST REGIONS HOSPITAL ROSSBACH CONTRUCTION INC S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. S.E.H. FITNESS FOR DUTY EVALUATION NET BILLABLE TICKETS - AUG PROJ 05 -07 PROF SRVS THRU 7/31 PROJ 02 -21 PROF SRVS THRU 7/31 PROJ 04 -21 PROF SRVS THRU 7/31 MERCH FOR RESALE MERCH FOR RESALE PROJ 04 -15 INST MAIN STUB,VENT, HYDR PROJ 02 -08 INSP PUBLIC MAIN PROJ 02 -08 INSP PROJ CTY RD D PROJ 02 -07 INSP PROJ & REALIGNMENT MN ENV HLTH ASSN CONF PROJ 05 -16 PROJ TESTING SRVS MERCH FOR RESALE MERCH FOR RESALE REIMB FOR INTERNET 06/06 -08/06 PROJ 03 -07 & 02 -07 RECYCLING PROGRAM CONSULTING ESC RAY ANDERSON - 1660 MYRTLE ST RECYCLING- AUG PROJ 05 -16 KENWOOD AREA PYMT #6 PLAYGROUND EQUIP EXIT SEC 30" DIA REIMB FOR INTERNET 02/06 - 8/06 REIMB FOR INTERNET 9/20 - 10/19 SOFTBALL UMPIRING SRVS 9/11 - 9121 2007 LAW ENFORCEMENT CAREER FAIR REIMB FOR MILEAGE 6/15 - 9/12 COPIER TONER & STAPLES ROADEO DRIVER REGISTRATION ROADEO DRIVER REGISTRATION PERA LIFE INS (PAYROLL DED IN SEP) REIMB FOR MILEAGE 7/1 -8131 REF ESCR - 2574 DAHL AVE MONTHLY UTILITIES REIMB FOR MILEAGE & MEAL 2/28 - 5/22 REIMB FOR MILEAGE 9111 REIMB KLINE NISSAN- #03 -07 IRRIG SYS REIMB KLINE VOLVO- #03 -07 IRRIG SYS REF VANESSA AHARTZ - AMB 04019174 REF RAHUL SHAH - BALLET & JAZZ REF S THOMPSON - 7/13 PRMT 06 -09732 REF PAUL SWETT - MEMBERSHIP REF BETTE REITTER - AMB 06013750 REF S PODOBINSKI - AMB 06012153 MERCH FOR RESALE REPLENISH PETTY CASH GUIDE BOOKS MEDICAL SUPPLIES REF ESCR - 1495 SEXTANT PROJ 06 -14 PROF SRVS - JUL PROJ 05 -29 PROF SRVS - JUL PROJ 05 -36 PROF SRVS - JUL PROJ 06 -15 PROF SRVS - JUL PROJ 05 -25 PROF SRVS -JUL PROJ 02 -07 PROF SRVS -JUL PROJ 06 -02 PROF SRVS -JUL 1,000.00 1,227.00 14,273.75 3,364.13 1,478.70 247.19 109.31 3,920.90 1,972.22 1,241.69 113.89 35.00 1,443.65 252.00 63.00 128.85 2,012.97 1,900.00 500.00 21,368.00 897,655.17 585.91 300.65 42.95 4,177.37 525.00 6.81 249.94 175.00 50.00 364.00 74.14 5,034.79 3,523.47 19.13 2.23 6,546.06 4,176.20 319.00 115.00 100.50 72.40 16.30 15.31 334.65 341.82 500.00 348.05 500.00 7,961.53 5,000.96 3,103.88 1,749.64 1,625.37 784.25 713.55 2 Check Register City of Maplewood 111*7P W111Z1 Check Date Vendor Description Amount 09/2612006 01409 S.E.H. PROJ 06 -05 PROF SRVS - JUL 504.65 0912612006 01409 S.E.H. PROJ 04 -22 PROF SRVS - JUL 298.62 0912612006 01409 S.E.H. PROJ 04 -05 NPDES PHASE II PRMT - JUL 245.00 70954 0912612006 02870 SEMLER CONSTRUCTION INC REF ESCR - 1191 STERLING CIR N 1,258.15 70955 0912612006 03215 SHAFER CONTRACTING CO INC PROJ 02 -07 CTY RD D PYMT #15 280,879.78 70956 0912612006 01466 SKYHAWKS SPORTS ACADEMY, INC. EDGERTON GYM SPORT TUITION 655.00 70957 0912612006 01488 CHRISTINE SOUTTER REIMB FOR MILEAGE 1111 - 911 55.36 70958 0912612006 01580 TSE, INC. GROUNDSKEEPING SRVS 7123 - 8119 1,725.91 70959 09/2612006 01698 UNITED WAY OF THE ST. PAUL QUARTERLY PAYMENT 406.00 70960 0912612006 01699 UNIVERSITY OF MINNESOTA WATER RESOURCES JOINT CONF 205.00 70961 0912612006 01828 KRIS A WEAVER REIMB FOR MEALS 9113 16.00 1290.012.75 48 Checks in this report. 91 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 09/14/06 09/14/06 09/15/06 09/18/06 09/13/06 09/19/06 09/20/06 09/15/06 09/21/06 09/22/06 09/13/06 09/21106 09/15/06 09/15/06 09/18/06 09/19/06 09/19/06 09/20/06 09/21/06 09/21/06 09/22/06 09/22/06 09/22/06 09/22/06 MN State Treasurer MN Dept of Natural Resources MN State Treasurer MN State Treasurer MN Dept of Revenue MN State Treasurer MN State Treasurer US Bank VISA One Card* MN State Treasurer ICMA (Vantagepointe) MN Dept of Revenue MN Dept of Natural Resources TOTAL Description Drivers License /Deputy Registrar DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Sales Tax Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items Drivers License /Deputy Registrar Deferred Compensation Fuel Tax DNR electronic licenses *Detailed listing of VISA purchases is attached. Amount 11,431.46 679.50 11,092.28 16,511.68 8,170.00 18,218.55 16,305.10 47,037.12 11,807.68 5,923.83 235.80 260.50 14t,1�/3.�U 0 VISA Transactions 9 -2 -06 to 9 -15 -06 Trans Date Posting Date Merchant Name Trans Amount Name 09/07/06 09/08/06 VERIZON WRLS 12KW $44.21 R CHARLES AHL 09/12/06 09/13/06 WESTIN HOTELS CROWN GTR $153.90 R CHARLES AHL 09/13/06 09/15/06 CLEAR LAKE TRUCK STQ39 $45.00 R CHARLES AHL 09/14/06 09/15/06 WESTIN HOTELS CROWN CTR $327.25 R CHARLES AHL 09/07/06 09/08/06 KQRS $3,500.00 BRUCE K ANDERSON 09/07/06 09/11/06 INTOXIMETERS, INC. $227.37 SCOTT ANDREWS 09/08/06 09/11/06 TI *TASER INTL $900.00 SCOTT ANDREWS 09/10/06 09/11/06 BATTERIES PLUS $25.05 SCOTT ANDREWS 09/12/06 09/14/06 UNIFORMS UNLIMITED INC $324.93 SCOTT ANDREWS 09/10/06 09/11/06 TARGET 00011858 $111.70 MANDYANZALDI 09/02/06 09/04/06 ACCURINT EOM AUTO P ($37.75) JOHN BANICK 09/02/06 09/04/06 ACCURINT EOM AUTO P $37.75 JOHN BANICK 09/03/06 09/04/06 ACCURINT EOM AUTO P $37.75 JOHN BANICK 09/05/06 09/07/06 WEBER & TROSETH INC $232.00 JOHN BANICK 09/06/06 09/08/06 UNIFORMS UNLIMITED $693.08 JOHN BANICK 09/06/06 09/08/06 SHRED -IT $133.20 JOHN BANICK 08/31/06 09/04/06 METRO MECHANICAL 01 OF 01 $243.00 JIM BEHAN 08/31/06 09/04/06 METRO MECHANICAL 01 OF 01 $555.36 JIM BEHAN 09/01/06 09/04/06 SPRINT *WIRELESS SVCS $89.75 JIM BEHAN 09/06/06 09/07/06 ELECTRIC PUMP INC $1,718.46 JIM BEHAN 09/07/06 09/11/06 OLYMPICS POOLS $639.36 JIM BEHAN 09/11/06 09/13/06 AQUA LOGIC INC $1,990.71 JIM BEHAN 09/11/06 09/13/06 AQUA LOGIC INC $905.94 JIM BEHAN 09/13/06 09/14/06 NORTHERN TOOL EQUIPMNT $212.95 JIM BEHAN 09/06/06 09/08/06 DEGE GARDEN CENTER $40.24 OAKLEY BIESANZ 09/11/06 09/13/06 BLUE RIBBON BAIT & TACKLE $5.21 OAKLEY BIESANZ 09/09/06 09/11/06 INTL ASSOC OF FIRE CHIEFS $175.00 RON BOURQUIN 09/05/06 09/06/06 FEDEX KINKO'S #0617 $271.22 HEIDI CAREY 09/05/06 09/07/06 THE UPS STORE #2171 $27.96 HEIDI CAREY 09/08/06 09/11/06 FEDEX KINKO'S #0617 $59.64 HEIDI CAREY 09/11/06 09/12/06 QUALITY HOUSE INTL INC $325.00 HEIDI CAREY 09/11/06 09/12/06 DGI *DYNAMIC GRAPHICS $79.00 HEIDI CAREY 09/12/06 09/14/06 TIGER OAKS PUBLICATION $795.00 HEIDI CAREY 09/14/06 09/15/06 PAYPAL INC $59.95 LINDA CROSSON 09/13/06 09/14/06 NAPA AUTO PARTS # 28438 $11.15 DAVE EDSON 09/05/06 09/06/06 WMS *WASTE MGMT WMEZPAY $357.81 LARRY FARR 09/05/06 09/06/06 WMS *WASTE MGMT WMEZPAY $2.58 LARRY FARR 09/06/06 09/11/06 VIKING ELECTRIC -ST. PAUL $75.55 LARRY FARR 09/11/06 09/13/06 PREMIUM WATERS INC $5.33 LARRY FARR 09/12/06 09/14/06 THE HOME DEPOT 2801 $175.64 LARRY FARR 09/12/06 09/15/06 PARK SUPPLY OF AMERICA IN $87.09 LARRY FARR 09/13/06 09/15/06 THE HOME DEPOT 2801 $41.78 LARRY FARR 09/14/06 09/15/06 GENERAL PARTS $128.06 LARRY FARR 09/09/06 09/11/06 VERIZON WRLS 12KW $75.28 DANIEL F FAUST 09/08/06 09/11/06 PAYPAL *MNAPA $235.00 SHANN FINWALL 09/07/06 09/11/06 DEEP ROCK WATER $42.67 DAVID FISHER 09/01/06 09/04/06 ECI *GOTOMYPC.COM SVCS $1,087.80 MYCHAL FOWLDS 09/12/06 09/13/06 THE OMEGA GROUP $2,495.00 MYCHAL FOWLDS 09/12/06 09/13/06 GOVDOCS.COM, INC. $410.00 MYCHAL FOWLDS 09/13/06 09/14/06 SYX *TIGERDIRECT.COM $93.94 MYCHAL FOWLDS 09/03/06 09/05/06 DELL MARKETING LP #83 $376.33 NICK FRANZEN 09/05/06 09/07/06 CIRCUIT CITY SS #3137 $42.59 NICK FRANZEN 09/01/06 09/04/06 PAKOR INC $440.05 PATRICIA FRY 09/11/06 09/13/06 CUB FOODS, INC. $172.62 PATRICIA FRY 09/12/06 09/13/06 S & T OFFICE PRODUCTS $14.95 PATRICIA FRY VISA Transactions 9 -2 -06 to 9 -15 -06 Trans Date Posting Date Merchant Name Trans Amount Name 09/12/06 09/14/06 PIZZA H013851 48238513 $69.61 PATRICIA FRY 09/12/06 09/14/06 PEI WEI ASIANDINER0113 $67.47 PATRICIA FRY 09/05/06 09/07/06 FORESTRY SUPPLIERS, INC. $135.80 VIRGINIA GAYNOR 09/08/06 09/11/06 BACHMANS MAPLEWD 004 $61.51 VIRGINIA GAYNOR 09/08/06 09/11/06 INTERNATIONAL ASS00 OF 00 $190.00 CLARENCE GERVAIS 09/01/06 09/04/06 FEDEX KINKO'S #0617 $28.21 JEAN GLASS 09108/06 09/11/06 ARVEY PAPER & OFFICE PRO $222.82 JEAN GLASS 09/01/06 09/04/06 CAPITAL 2 -WAY COMMUNICATI $273.74 MIKE GRAF 09/10/06 09/11/06 PROPERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 09/11/06 09/13/06 THE OLIVE GARD00012005 $34.71 KAREN E GUILFOILE 09/14/06 09/15/06 VERIZON WRLS 12KW $49.03 KAREN E GUILFOILE 09/11/06 09/13/06 DATABAZAAR.COM $185.00 LORI HANSON 09/12/06 09/13/06 S & T OFFICE PRODUCTS $135.64 LORI HANSON 09112/06 09/14/06 METRO SALES INC $841.42 LORI HANSON 09/14/06 09/15/06 LILLIE SUBURBAN NEWSPAPE $3,842.50 LORI HANSON 09/14/06 09/15/06 S & T OFFICE PRODUCTS $10.06 LORI HANSON 09/04/06 09/05/06 IKEA BLOOMINGTON $6.36 PATRICK HEFFERNAN 09/09/06 09/11/06 TARGET 00011858 $8.59 PATRICK HEFFERNAN 09/09/06 09/11/06 THE HOME DEPOT 2801 $10.64 PATRICK HEFFERNAN 09/09/06 09/11/06 THE HOME DEPOT 2801 $8.48 PATRICK HEFFERNAN 09/09/06 09/11/06 MENARDS 3059 $7.68 PATRICK HEFFERNAN 09/10/06 09/11/06 MENARDS 3059 $18.40 PATRICK HEFFERNAN 09110/06 09/12/06 THE HOME DEPOT 2801 $3.16 PATRICK HEFFERNAN 09/09/06 09/11/06 BYERLY'S ST PAUL $17.00 ANN E HUTCHINSON 09/11/06 09/12/06 SPRINT *WIRELESS SVCS $45.34 ANN E HUTCHINSON 08/30/06 09/04/06 DALCO ENTERPRISES, INC $345.86 DAVID JAHN 08/31/06 09/07/06 CORPORATE MARK INC $109.50 KEVIN JOHNSON 09/01/06 09/04/06 BATTERIES PLUS $25.54 TOM KALKA 09/06/06 09/08/06 THE UPS STORE #2171 $19.27 TOM KALKA 09113/06 09/14/06 JACK NADEL INTERNATIONAL $324.00 FLINT KARIS 09/09/06 09/11/06 TARGET 00007518 $55.53 MARY B KOEHNEN 09/11/06 09/12/06 SUPREME AUDIO INC $154.00 MARY B KOEHNEN 09/12/06 09/14/06 THE HOME DEPOT 2801 $62.13 STEVEN KUMMER 09/11/06 09/11/06 SPRINTPCS AUTOPYMT RC1 $54.43 ERIN M LABEREE 09/11/06 09/12/06 CARQU EST #2110 $24.75 MICHAEL LIDBERG 09/07/06 09/11/06 THE HOME DEPOT 2801 $46.82 DENNIS LINDORFF 09/12/06 09/13/06 MENARDS 3059 $25.54 DENNIS LINDORFF 09/12/06 09/14/06 THE HOME DEPOT 2801 $8.24 DENNIS LINDORFF 09113/06 09/14/06 MENARDS 3059 $76.62 DENNIS LINDORFF 09/14/06 09/15/06 MENARDS 3059 $153.23 DENNIS LINDORFF 09/11/06 09/12/06 TARGET 00011858 $15.94 ALISHA M LUKIN 08/31/06 09/04/06 METRO SALES INC $413.10 STEVE LUKIN 09/01/06 09/04/06 AIRGAS NORTH CENTRAL $921.35 STEVE LUKIN 09/05/06 09/06/06 WMS *WASTE MGMT WMEZPAY $273.65 STEVE LUKIN 09/06/06 09/08/06 PAPA JOHNS #1838 $60.52 STEVE LUKIN 09108/06 09/11/06 EMERGENCY APPARATUS MAINT $982.19 STEVE LUKIN 09/11/06 09/12/06 SPRINT *WIRELESS SVCS $818.85 STEVE LUKIN 09/05/06 09/07/06 THE HOME DEPOT 2801 $7.33 DAN MARTIN 09/05/06 09/07/06 ON SITE SANITATION INC $1,548.75 MARK MARUSKA 09/06/06 09/08/06 HENRIKSEN ACE HARDWARE $194.29 MARK MARUSKA 09/08/06 09/11/06 WMS *WASTE MGMT WMEZPAY $1,015.93 MARK MARUSKA 09/11/06 09/12/06 LESCO SC 0530 $253.99 MARK MARUSKA 09/14/06 09/15/06 LMC *LAERDAL MEDICAL $42.61 JON A MELANDER 09/01/06 09/04/06 PIONEER PRESS SUBSCRIPTI $99.58 ED NADEAU 09112/06 09/13/06 PIONEER PRESS SUBSCRIPTI $99.58 ED NADEAU VISA Transactions 9 -2 -06 to 9 -15 -06 Trans Date 09/13/06 09/14/06 09/12/06 09/01/06 09/08/06 09/12/06 09/05/06 09/05/06 09/05/06 09/05/06 09/09/06 09/13/06 09/14/06 09101/06 09/06/06 09/10/06 09/01/06 09/02/06 08/31/06 08/31/06 08/31/06 08/31/06 08131/06 09/05/06 09/06/06 09/06/06 09/07/06 09/11/06 09/12/06 09/13/06 09/13/06 09/13/06 09/13/06 09/13/06 09/14/06 09/01/06 09/06/06 09/11/06 08131/06 09/01/06 09/12/06 09/06/06 09/06/06 09/12/06 09/06/06 09101/06 09/07/06 09/11/06 09/11/06 09/05/06 09/05/06 09/07/06 09/11/06 09/06/06 09/06/06 Posting Date Merchant Name 09/14/06 SPRINT *WIRELESS SVCS 09/15/06 CINTAS FIRST AID #431 09/14/06 NYSTROM PUBLISHING 09/04/06 QWESTCOMM *TN651 09/11/06 S & T OFFICE PRODUCTS 09/13/06 S & T OFFICE PRODUCTS 09/06/06 SIRCHIE FINGER PRINT LABO 09/06/06 ABACUS PLUS SERVICES INC 09/07/06 EVIDENT 09/07/06 LOOSELEAF LAW PBLCTN INC 09/11/06 BOOKS A MILL1O00003418 09/14/06 AMAZON.COM 09/15/06 SIRCHIE FINGER PRINT LABO 09/07/06 CORPORATE MARK INC 09/07/06 BOUND TREE MEDICAL LLC 09/12/06 ARROWWOOD RESORT AND CONF 09/04/06 GE CAPITAL 09/04/06 SPRINT *WIRELESS SVCS 09/04/06 KATH AUTO PARTS NSP 09/04/06 TRUCK UTILITIES INC 09/04/06 TRUCK UTILITIES INC 09/04/06 EAT INC 09/04/06 EAT INC 09/07/06 KATH AUTO PARTS NSP 09/08/06 KATH AUTO PARTS NSP 09/08/06 KATH AUTO PARTS NSP 09/08/06 GENERATOR SPECIALTY CO 09/12/06 HOTSY EQUIPMENT OF MINNES 09/14/06 KATH AUTO PARTS NSP 09/14/06 TURF WORKS FEI EAST 09/15/06 KATH AUTO PARTS NSP 09/15/06 KATH AUTO PARTS NSP 09/15/06 EAT INC 09/15/06 TRI STATE BOBCAT 09/15/06 TRUCK UTILITIES INC 09/04/06 MENARDS 3059 09/11/06 DALCO ENTERPRISES, INC 09/12/06 HILLYARD INC MINNEAPOLIS 09/04/06 TARGET 00006197 09/04/06 TARGET 00011858 09/13/06 MAPLEWOOD PARKS AND RECRE 09/07/06 MOGREN LANDSCAPE SUPPLY L 09/07/06 MOGREN LANDSCAPE SUPPLY L 09/13/06 MENARDS 3059 09/08/06 SHRED -IT 09/04/06 T- MOBILE 09/11/06 UNIFORMS UNLIMITED INC 09/13/06 UNIFORMS UNLIMITED INC 09/13/06 UNIFORMS UNLIMITED INC 09/06/06 S & T OFFICE PRODUCTS 09/07/06 CENTURY COLLEGE -BO 09/08/06 TARGET 00011858 09/13/06 LATITUDES MAP AND TRAY 09/08/06 CUB FOODS, INC. 09/08/06 RED WING SHOE STORE $400.31 BRYAN NAGEL $57.07 BRYAN NAGEL $410.03 JEAN NELSON $30.93 MARSHA PACOLT $80.68 MARY KAY PALANK $11.19 KATHLEEN PECK HALL $156.54 PHILIP F POWELL $346.13 PHILIP F POWELL $59.00 PHILIP F POWELL $50.90 PHILIP F POWELL $48.46 PHILIP F POWELL $67.96 PHILIP F POWELL $16.54 PHILIP F POWELL $56.00 ROBERT PRECHTEL $102.70 ROBERT PRECHTEL $456.84 ROBERT PRECHTEL $331.22 WILLIAM J PRIEFER $583.54 WILLIAM J PRIEFER $81.05 STEVEN PRIEM $3.59 STEVEN PRIEM $27.69 STEVEN PRIEM $6.26 STEVEN PRIEM $103.84 STEVEN PRIEM $21.47 STEVEN PRIEM $12.14 STEVEN PRIEM $7.00 STEVEN PRIEM $375.90 STEVEN PRIEM $46.73 STEVEN PRIEM $101.24 STEVEN PRIEM $330.85 STEVEN PRIEM ($13.85) STEVEN PRIEM $44.35 STEVEN PRIEM $238.03 STEVEN PRIEM $30.50 STEVEN PRIEM $44.57 STEVEN PRIEM $24.55 MICHAEL REILLY $687.51 MICHAEL REILLY $1,292.46 MICHAEL REILLY $18.09 AUDRA ROBBINS $25.69 AUDRA ROBBINS $2.50 AUDRA ROBBINS ($15.98) ROBERT RUNNING $95.85 ROBERT RUNNING $115.64 JAMES SCHINDELDECKER $17.65 DEB SCHMIDT $45.22 SCOTT SCHULTZ $52.72 MICHAEL SHORTREED $78.50 MICHAEL SHORTREED $15.44 MICHAEL SHORTREED $58.47 ANDREA SINDT $109.00 ANDREA SINDT $106.46 PAULINE STAPLES $36.00 PAULINE STAPLES $66.98 JOANNE M SVENDSEN $147.22 RONALD SVENDSEN 7 VISA Transactions 9 -2 -06 to 9 -15 -06 Trans Date Posting Date Merchant Name 09/01/06 09/04/06 BEST WESTERN HOTEL MOTEL 09/05/06 09/08/06 VIKING ELEC- CRED101 OF 01 09/13/06 09/14/06 ANCOM TECHNICAL CENTER IN 09/01/06 09/04/06 ALL MAIN STREET ELECTRIC 09/08/06 09/11/06 MUSKA LIGHTING CENTER 09/11/06 09/12/06 INDUSTRIAL SUPPLY CO INC 09101/06 09/04/06 T- MOBILE 09/04/06 09/06/06 FSH COMMUNICATION01 OF 01 09/08/06 09/11/06 QWESTCOMM *TN612 09/08/06 09/11/06 QWESTCOMM *TN612 09/08/06 09/11/06 QWESTCOMM *TN612 09/08/06 09/11/06 QWESTCOMM *TN612 09/08/06 09/11/06 QWESTCOMM *TN612 09108/06 09/11/06 QWESTCOMM *TN612 09/08/06 09/11/06 QWESTCOMM *TN612 09/08/06 09/11/06 QWESTCOMM *TN612 09/08/06 09/11/06 QWESTCOMM *TN612 09/08/06 09/11/06 QWESTCOMM *TN612 09/05/06 09/07/06 THE HOME DEPOT 2801 09/07/06 09/11/06 OLDE TOWN DELI 09/12/06 09/14/06 OFFICE DEPOT #1090 Trans Amount Name $143.11 RUSTIN SVENDSEN $309.94 RUSTIN SVENDSEN $582.78 RUSTIN SVENDSEN $288.00 LYLE SWANSON $325.69 LYLE SWANSON $20.98 LYLE SWANSON $103.49 DOUGLAS J TAUBMAN $58.58 JUDY TETZLAFF $70.29 JUDY TETZLAFF $70.29 JUDY TETZLAFF $99.68 JUDY TETZLAFF $99.68 JUDY TETZLAFF $99.68 JUDY TETZLAFF $373.93 JUDY TETZLAFF $140.58 JUDY TETZLAFF $266.35 JUDY TETZLAFF $99.68 JUDY TETZLAFF $70.29 JUDY TETZLAFF $25.12 JOSEPH WATERS $13.01 SUSAN ZWIEG $191.90 SUSAN ZWIEG $47,037.12 Check Register City of Maplewood [�>rlY�:lY�iliZ:1 Check Date Vendor Description Amount 70962 09/25/2006 00986 METROPOLITAN COUNCIL MONTHLY SAC - AUG 7,672.50 70963 10/03/2006 00162 GAYLE BAUMAN REIMS MEAL, LODGING, PRKG, MILEAGE 480.39 70964 10/03/2006 00519 PROOFER ASSEMBLIES 1 "CT 497.37 70965 10/03/2006 02607 KINNICKINNIC NATIVES LLC PLANTS 383.76 70966 10/03/2006 01819 MCLEOD USA LOCAL PHONE SERVICE 8/16 - 9/15 2,079.45 70967 10/03/2006 01337 RAMSEY COUNTY -PROP REC & REV PLANTS & MULCH 1,201.32 10/03/2006 01337 RAMSEY COUNTY -PROP REC & REV PROJ 02 -07 STRIPING CTY RD D 516.94 10/03/2006 01337 RAMSEY COUNTY -PROP REC & REV PLANTS 104.37 70968 10/03/2006 01504 CITY OF ST PAUL MEDICAL SUPPLIES 1,549.78 10/03/2006 01504 CITY OF ST PAUL MEDICAL SUPPLIES 769.68 10/03/2006 01504 CITY OF ST PAUL ASPHALT MIX 316.71 70969 10/03/2006 01190 XCEL ENERGY ELECTRIC UTILITY 15,370.64 10/03/2006 01190 XCEL ENERGY GAS UTILITY CHARGE 2,309.64 70970 09/29/2006 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -08 CTY RD D IMPRV PMT #10 20,106.93 70971 10/03/2006 02347 10,000 LAKES CHAPTER ASSN OF MN BLDG OFFICIALS SEMINAR 875.00 70972 10/03/2006 02074 R CHARLES AHL REIMB FOR MEALS & AIRFARE 9/8 - 9/14 561.11 70973 10/03/2006 00174 STAN BELDE K -9 MAINTENANCE - OCT 35.00 70974 10/03/2006 01936 CHAD BERGO REIMB INT, PHONE & MILEAGE 5/06 - 6/06 94.47 70975 10/03/2006 03738 BETHEL & ASSOCIATES, PA FILING FEE WITH SECRETARY OF STATE 70.00 70976 10/03/2006 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM 139,759.00 70977 10/03/2006 02929 CNAGLAC LONG TERM CARE INS 722.80 70978 10/03/2006 00384 DE LACE LANDEN FINANCIAL SRVS RICOH COPIER MAINT - OCT 161.88 70979 10/03/2006 00003 ESCROW REFUND ESCROW ED GAUGLER - 1021 1,000.00 70980 10/03/2006 00003 ESCROW REFUND ESCROW R RATHBURN - 1875 KENWOOD 500.00 70981 10/03/2006 00477 ESS BROTHERS & SONS INC PROJ 05 -36 POND SKINNER & GRATE 772.13 70982 10/03/2006 00487 F.M. FRATTALONE EXC INC ESCROW REL- 1501 HENRY LN SO 11,537.12 70983 10/03/2006 03739 FRANK CONSTRUCTION INC DEVELOPER ESCROW REFUND #829 7,935.07 70984 10/03/2006 00589 DAVE GRAF KARATE INSRUCTOR 9/05 - 9/26 118.75 70985 10/03/2006 00668 STEVEN HIEBERT K -9 MAINTENANCE - OCT 35.00 70986 10/03/2006 02506 HUNT ELECTRIC CORP ELECTRIC WORK ON BALLFIELD LIGHTS 3,352.83 70987 10/03/2006 00827 L M C I T WORK COMP QUARTERLY DEP PREM 61,704.50 10/03/2006 00827 L M C I T INS QUARTERLY PREM OCT - DEC 06 41,599.00 70988 10/03/2006 00936 MAPLEWOOD HISTORICAL SOCIETY ANNUAL CONTRIBUTION 2,000.00 70989 10/03/2006 03498 SHERRIE MECHELKE REIMB FOR MILEAGE 9 -13 31.15 70990 10/03/2006 02872 METLIFE SBC MONTHLY DENTAL PREMIUM 7,137.07 70991 10/03/2006 00985 METROPOLITAN COUNCIL WASTEWATER - OCT 199,212.84 70992 10/03/2006 01085 MN LIFE INSURANCE MONTHLY PREMIUM 4,007.45 70993 10/03/2006 03622 MN OFFICE OF ENTERPRISE TECH WIDE AREA NETWORK - AUG 392.00 70994 10/03/2006 03740 PAMELA MOY REIMB MEALS & MILEAGE 9/19 - 9/21 56.48 70995 10/03/2006 01961 NEXTEL COMMUNICATIONS CELL PHONE 8/9 - 9/8 36.08 70996 10/03/2006 01192 NORTHERN WATER WORKS SUPPLY FLEXSTAKE HYDRANT MARKERS 2,236.50 70997 10/03/2006 00001 ONE TIME VENDOR REF PCL CONSTRUCTION - PLAN 1,131.00 70998 10/03/2006 00001 ONE TIME VENDOR REF L COUSETTE - AMB 04010996 651.96 70999 10/03/2006 00001 ONE TIME VENDOR REF EMMA NORTON SRVS- MEMBERSHIP 320.80 71000 10/03/2006 00001 ONE TIME VENDOR REF JONATHAN JAMES - MEMBERSHIP 224.00 71001 10/03/2006 00001 ONE TIME VENDOR REF KATHLEEN ALBERT- MEMBERSHIP 213.90 71002 10/03/2006 00001 ONE TIME VENDOR REF SHANTELL HILL - BIRTHDAY PARTY 111.83 71003 10/03/2006 00001 ONE TIME VENDOR REF E HARTUNG - AMB 06012883 80.26 71004 10/03/2006 00001 ONE TIME VENDOR REF K LENZMEIER - AMB 06012371 65.30 71005 10/03/2006 00001 ONE TIME VENDOR REF MARY REINERS - REC PROGRAM 29.00 71006 10/03/2006 01222 ANDREA OSTER REIMB FOR MEAL 4.79 71007 10/03/2006 02270 PALDA & SONS INC PROJ 02 -08 CTY RD D IMPRV PYMT #7 6,478.68 71008 10/03/2006 01284 POSTMASTER POSTAGE FOR CITY NEWS 4,000.00 71009 10/03/2006 02008 RAMSEY COUNTY PUBLIC WORKS STRIPE CITY STREETS 19,721.96 71010 10/03/2006 02976 MIKE RICE REIMB FOR PLBG CERTIFICATION TEST 270.00 71011 10/03/2006 01418 SAM'S CLUB DIRECT MERCH FOR RESALE 564.47 J Check Register City of Maplewood [�>rlY�:lY�iliZ:1 Check Date Vendor Description Amount 10/0312006 01418 SAM'S CLUB DIRECT MERCH FOR RESALE 114.35 71012 1010312006 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 4,288.25 1010312006 00198 ST PAUL REGIONAL WATER SRVS WATER UTILITY 1,159.12 71013 1010312006 01537 STREAMLINE DESIGN INC. YOUTH SOCCER T- SHIRTS 2,840.50 1010312006 01537 STREAMLINE DESIGN INC. YOUTH SOCCER T- SHIRTS 152.00 1010312006 01537 STREAMLINE DESIGN INC. YOUTH SOCCER T- SHIRTS 76.00 71014 1010312006 01580 TSE, INC. JANITORIAL SRVS 7123 - 8119 990.00 71015 1010312006 02069 ULTIMATE DRAIN SERVICES INC PROJ 05 -16 TELEVISE MAIN LINE 545.00 71016 10/0312006 00529 UNION SECURITY INSURANCE CO MONTHLY LTD PREM 2,992.33 10/0312006 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120 -0 -1 OCT 1,624.62 71017 1010312006 01734 WILLIAM P. WALSH COMMERCIAL PLUMBING INSP 1,391.64 71018 1010312006 01807 SUSAN ZWIEG REIMB FOR MILEAGE 9117 - 9120 143.29 589 487.76 57 Checks in this report. M CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee Description Amount 09/22/06 09/25/06 MN State Treasurer Drivers License /Deputy Registrar 10,637.25 09/22/06 09/25/06 U.S. Treasurer Federal Payroll Tax 90,588.74 09122/06 09/25106 P. E.R.A. P. E. R.A. 61,286.27 09/25/06 09/26/06 MN State Treasurer Drivers License /Deputy Registrar 22,465.11 09/22/06 09/26/06 MN State Treasurer State Payroll Tax 17,860.37 09/22/06 09/26/06 Orchard Trust Deferred Compensation 25,178.00 09/22/06 09/26/06 Federal Reserve Bank Savings Bonds 50.00 09/22/06 09126/06 Labor Unions Union Dues 3,162.11 09/22/06 09/26/06 MidAmerica - ING HRA Flex plan 2,946.63 09/26/06 09/27/06 MN State Treasurer Drivers License /Deputy Registrar 16,335.67 09/27/06 09/28/06 MN State Treasurer Drivers License /Deputy Registrar 11,515.75 09125/06 09/28106 ARC Administration DCRP & Flex plan payments 2,223.92 TOTAL 264,249.82 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 09, CAVE, REBECCA 397.80 09/22/06 HJELLE, ERIK 397.80 09/221/06 JUENEMANN, KATHLEEN 397.80 09/22/06 ROSSBACH, WILLIAM 397.80 09/22/06 COPELAND, EUGENE 3,090.00 09/22/06 FARR, LARRY 1,912.50 09/22/06 SWANSON, LYLE 1,711.57 09/22/06 ARNOLD, AJLA 756.00 09, RAMEAUX, THERESE 2,760.10 09/22106 FAUST, DANIEL 4,292.22 09/22/06 SCHMIDT, DEBORAH 1,570.97 09/22/06 ANDERSON, CAROLS 779.94 09/22/06 BAUMAN, GAYLE 3,544.02 09/22/06 JACKSON, MARY 1,873.35 09/22/06 KELSEY, CONNIE 935.89 09/22/06 TETZLAFF, JUDY 1,873.35 09/22/06 FRY, PATRICIA 1,778.63 09/221/06 GUILFOILE, KAREN 2,969.70 09/22106 MORSON, JOHN 383.04 09/22/06 SPANGLER, EDNA 857.61 09/22/06 JAGOE, CAROL 1,679.66 09/22/06 JOHNSON, BONNIE 2,638.79 09/'22/06 MECHELKE, SHERRIE 995.14 09, MOY, PAMELA 854.42 09/22/06 OLSON, SANDRA 1,349.36 09/22106 OSTER, ANDREA 1,973.66 09/221/06 WEAVER, KRISTINE 1,839.75 09/22/06 BANICK, JOHN 4,017.82 09/22/06 CORCORAN, THERESA 1,677.35 09/22/06 POWELL, PHILIP 2,394.54 09/22/06 RICHIE, CAROLE 1,684.28 09, THOMALLA, DAVID 4,429.00 09, ABEL, CUNT 2,400.11 09/22/06 ALDRIDGE, MARK 3,135.97 09/22106 ANDREWS, SCOTT 4,909.92 09/22/06 BAKKE, LONN 2,776.57 09/22/06 BELDE, STANLEY 2,978.17 09/22/06 BIERDEMAN, BRIAN 2,488.40 09/22/06 BOHL, JOHN 2,749.21 09/22/06 BUSACK, DANIEL 3,032.71 09, COFFEY, KEVIN 2,374.41 09/22106 CROTTY, KERRY 3,122.61 09/22/06 DOBLAR, RICHARD 2,936.03 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 09, GABRIEL, ANTHONY 2,217.28 09/22/06 HEINZ, STEPHEN 2,786.19 09/221/06 HIEBERT, STEVEN 2,985.82 09/22/06 JOHNSON, KEVIN 4,270.40 09/22/06 KALKA, THOMAS 686.28 09/22/06 KARIS, FLINT 3,119.37 09/22/06 KONG, TOMMY 2,400.11 09/22/06 KROLL, BRETT 2,550.94 09, KVAM, DAVID 3,523.42 09/22106 LANGNER, TODD 2,045.73 09/22/06 LU, JOHNNIE 2,481.04 09/22/06 MARINO, JASON 2,400.11 09/22/06 MARTIN, DANIEL 654.68 09/'22/06 MARTIN, JERROLD 2,514.38 09/22/06 MCCARTY, GLEN 2,374.41 09/22/06 METRY, ALESIA 2,521.51 09/22/06 NYE, MICHAEL 1,900.18 09/221/06 OLSON, JULIE 2,635.40 09/22106 RABBETT, KEVIN 3,587.70 09/22/06 RHUDE, MATTHEW 1,900.18 09/22/06 STEFFEN, SCOTT 3,149.04 09/22/06 STEINER, JOSEPH 1,705.93 09/'22/06 SYPNIEWSKI, WILLIAM 1,874.47 09, SZCZEPANSKI, THOMAS 2,899.23 09/22/06 TRAM, JOSEPH 2,331.55 09/221/06 WENNHOLD, JAIME 1,490.95 09/221/06 WENZEL, JAY 2,849.07 09/22/06 XIONG, KAO 2,598.76 09/22/06 BARTZ, PAUL 2,878.22 09/22/06 BERGERON, JOSEPH 3,395.50 09/22/06 DUGAS, MICHAEL 2,711.05 09, ERICKSON, VIRGINIA 2,629.80 09, FLOR, TIMOTHY 3,694.05 09/22/06 FRASER, JOHN 2,895.53 09/22106 LANGNER, SCOTT 2,445.82 09/22/06 PALMA, STEVEN 2,920.42 09/22/06 THEISEN, PAUL 2,595.67 09/22/06 THIENES, PAUL 2,628.65 09/22/06 BARTA, JEREMY 2,184.17 09/22/06 DAWSON, RICHARD 2,587.33 09, DUELLMAN, KIRK 2,655.69 09/22106 EVERSON, PAUL 2,529.47 09/22/06 HALWEG, JODI 2,356.17 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 09, JOHNSON, DOUGLAS 2,497.51 09/22/06 MYERS, TODD 2,168.45 09/22106 NOVAK, JEROME 2,734.87 09/22/06 PARSONS, KURT 2,487.49 09/22106 PETERSON, ROBERT 2,855.94 09/22/06 PRECHTEL, ROBERT 2,566.69 09/22/06 SVENDSEN, RONALD 3,502.74 09/22/06 GERVAIS -JR, CLARENCE 2,868.34 09/22/06 BAUER, MICHELLE 2,044.99 09, COUNIHAN, WILLIAM 68.00 09, FLAUGHER, JAYME 2,831.84 09/22106 HERMANSON, CHAD 1,943.95 09/22/06 HUBIN, KENNARD 2,205.03 09/22/06 KNAPP, BRETT 1,834.85 09/22/06 LINN, BRYAN 2,394.09 09/22/06 PACOLT, MARSHA 2,529.68 09/22/06 RABINE, JANET 2,221.42 09/22/06 SCHAULS, ADAM 117.00 09, STAHNKE, JULIE 2,238.22 09/221/06 ELKIN, STEVEN 4,016.18 09/22106 SVENDSEN, RUSTIN 3,219.37 09/22/06 ZWIEG, SUSAN 1,813.35 09/22/06 DOLLERSCHELL, ROBERT 293.39 09/22/06 AHL, R. CHARLES 4,500.69 09/22/06 KNUTSON, LOIS 1,570.96 09, KONEWKO, DUWAYNE 3,059.51 09/22/06 N1VEN, AMY 1,258.02 09/22106 PRIEFER, WILLIAM 2,601.27 09/221/06 BRINK, TROY 1,770.15 09/22/06 DEBILZAN, THOMAS 1,918.35 09/22/06 EDGE, DOUGLAS 1,923.35 09/22/06 FREBERG, RONALD 137.66 09/22/06 JONES, DONALD 1,903.35 09, MEISSNER, BRENT 345.00 09, MEYER, GERALD 1,969.79 09/22/06 NAGEL, BRYAN 2,486.01 09/22106 OSWALD, ERICK 2,126.64 09/22/06 RUNNING, ROBERT 1,886.95 09/22/06 TEVLIN, TODD 1,822.15 09/22/06 DUCHARME, JOHN 2,414.86 09/22/06 ENGSTROM, ANDREW 1,938.82 09, ISAKSON, CHAD 353.10 09, JACOBSON, SCOTT 1,694.15 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 09/22/06 JAROSCH, JONATHAN 2,030.15 09, KUMMER, STEVEN 2,338.20 09, LABEREE, ERIN 783.55 09/22/06 LINDBLOM, RANDAL 2,547.98 09/221/06 MEINHOLZ, WILLIAM 184.80 09/22/06 PECK, DENNIS 2,421.80 09/22/06 PRIEBE, WILLIAM 2,766.62 09/22/06 SCHREMPP, ANTHONY 194.24 09/22/06 THOMPSON, MICHAEL 2,155.39 09/22/06 ANDERSON, BRUCE 4,184.27 09, CAREY, HEIDI 2,179.79 09/221/06 HALL, KATHLEEN 1.820.29 09/22/06 LUND, MARK 552.00 09/22/06 MARUSKA, MARK 2,754.63 09/22/06 NAUGHTON, JOHN 1,822.15 09/'22/06 SCHINDELDECKER, JAMES 1,895.66 09/22/06 BIESANZ, OAKLEY 1,700.73 09/22/06 DEAVER, CHARLES 362.68 09/22/06 HAYMAN, JANET 1,129.21 09/221/06 HUTCHINSON, ANN 2,330.27 09/221/06 NELSON, JEAN 1,182.34 09/22/06 FOERG, ELIZABETH 1,132.00 09/22/06 GAYNOR, VIRGINIA 2,060.55 09/22/06 HAMRE, MILES 667.50 09/'22/06 EKSTRAND, THOMAS 3,244.09 09, KROLL, LISA 1,290.68 09/22/06 LIVINGSTON, JOYCE 927.62 09/221/06 SINDT, ANDREA 1,745.35 09/221/06 THOMPSON, DEBRA 1,017.59 09/22/06 YOUNG, TAMELA 1,613.35 09/22/06 FINWALL, SHANN 2,388.55 09/22/06 ROBERTS, KENNETH 2,874.60 09/22/06 BRASH, JASON 1,080.00 09, CARVER, NICHOLAS 2,853.51 09, FISHER, DAVID 3,712.12 09/22/06 RICE, MICHAEL 2,110.95 09/221/06 SWAN, DAVID 2.214.15 09/22/06 SWETT, PAUL 2,269.41 09/22/06 WELLENS, MOLLY 1,067.43 09/22/06 WORK, ALICIA 73.13 09/22/06 GOODRICH, CHAD 346.50 09/22/06 GOODRICH, DANIELLE 247.50 09, KELLY, LISA 1,098.63 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 09/22/06 LUKIN, ALISHA 993.00 09, OHLHAUSER, MEGHAN 364.50 09, ROBBINS, AUDRA 2,288.25 09/22/06 SHERRILL, CAITLIN 264.63 09/22106 STAPLES, PAULINE 3,028.20 09/22/06 TAUBMAN, DOUGLAS 2,854.34 09/22/06 UNDERHILL, KRISTEN 234.07 09/22/06 GERMAIN, DAVID 1,902.59 09/22/06 NORDQUIST, RICHARD 1,893.36 09/22/06 SCHULTZ, SCOTT 2,101.24 09, /06 ANZALDI, MANDY 1,387.30 09/221/06 COLLINS, ASHLEY 32.00 09/221/06 CRAWFORD - JR, RAYMOND 267.00 09/22/06 CROSSON, LINDA 2,782.65 09/22/06 EVANS, CHRISTINE 786.50 09/22/06 GRAF, MICHAEL 1,077.81 09/22/06 HER, CHONG 367.00 09/22/06 HOFMEISTER, MARY 763.37 09/22/06 PELOQUIN, PENNYE 463.07 09/221/06 SCHMIDT, RUSSELL 2,094.61 09/221/06 SCHULZE, BRIAN 622.75 09/22/06 TOLBERT, FRANCINE 60.00 09/22/06 ZIELINSKI, JUDY 44.40 09/22/06 DEL ROSARIO, THERESA 19.50 09/22/06 ERICKSON- CLARK, CAROL 95.00 09, EVANS, KRISTIN 87.80 09/22/06 GREDVIG, ANDERS 132.25 09/22106 HORWATH, RONALD 2,159.70 09/221/06 KOEHNEN, AMY 125.25 09/22/06 KOEHNEN, MARY 1,258.29 09/22/06 OVERBY, ANNA 20.00 09/22/06 SMITH, ANN 98.50 09/22/06 TUPY, HEIDE 127.20 09, TUPY, MARCUS 297.68 09, GROPPOLL LINDA 277.50 09/221/06 HOLMGREN, STEPHANIE 73.50 09/22106 BEHAN, JAMES 1,831.51 09/22/06 LONETTI, JAMES 1,097.82 09/22/06 PATTERSON, ALBERT 1,149.24 09/22/06 PRINS, KELLY 1,046.83 09/22/06 REILLY, MICHAEL 1,706.95 09/22/06 SCHOENECKER, LEIGH 35.50 09, /06 AICHELE, CRAIG 2,064.87 i[� CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 09/22/06 PRIEM, STEVEN 2,129.35 09, WOEHRLE, MATTHEW 1,697.84 09, BERGO, CHAD 2,355.82 09/22/06 FOWLDS, MYCHAL 2,561.82 09/22106 FRANZEN, NICHOLAS 2,169.71 106126 09/22/06 LONGRIE, DIANA 452.00 106127 09/22/06 JAHN, DAVID 1.691.05 106128 09/22/06 MORIN, TROY 127.50 106129 09/22/06 MATHEYS, ALANA 2,059.20 106130 09/22/06 HANSEN, LORI 2,111.61 106131 09, GENNOW, PAMELA 104.00 106132 09/22106 AHRENS, FRANCES 140.00 106133 09/22/06 ANDERSON, CYNTHIA 80.00 106134 09/22/06 ANDERSON, ELSIE 198.00 106135 09/22106 ANDERSON, RONALD 80.00 106136 09/22/06 ANDERSON, SUZANNE 175.75 106137 09/22/06 ANSARI, AHSANUDDIN 144.00 106138 09/22/06 BARRETT, MARLIS 136.00 106139 09/22/06 BARTELT, JOAN 144.00 106140 09/22/06 BELLAND, JAIME 136.00 106141 09, BERGER, MERVIN 198.00 106142 09/22106 BORTZ, JEANNE 171.00 106143 09/22/06 BREIDENSTEIN, ANNA 80.00 106144 09/22/06 BUNDE, JENNETTE 171.00 106145 09/22/06 CAHANES, LUCILLE 203.50 106146 09/22/06 CARLE, JEANETTE 324.50 106147 09/22/06 CARR, ROBERT 80.00 106148 09/22/06 CLELAND, ANN 64.00 106149 09/22/06 CONNELLY, THOMAS 132.00 106150 09/221/06 CONNOLLY, COLLEEN 96.00 106151 09/22106 DEED, EDWARD 171.00 106152 09/22/06 DEMPSEY, LOREE 16.00 106153 09/22/06 DICKSON, HELEN 136.00 106154 09/22/06 DIESSLIN, AUDREY 144.00 106155 09/'22/06 DITTEL, KATHLEEN 126.00 106156 09, DROEGER, DIANE 209.00 106157 09/22/06 DUCHARME, FRED 217.25 106158 09/22106 DUELLMAN, AUDREY 203.50 106159 09/221/06 EICKHOFF, CAROLYN 136.00 106160 09/22/06 ERICKSON, ELIZABETH 203.50 106161 09/22/06 FALLON, ANN 96.00 106162 09/22/06 FISCHER, LORRAINE 198.00 106163 09/22/06 FISCHER, MARY 180.50 if CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 106164 09/22/06 FITZGERALD, DELORES 132.00 106165 09, FOSBURGH, ANNE 22.00 106166 09, FRANZEN, JAMES 116.00 106167 09/22/06 FREER, MARY JO 96.00 106168 09/221/06 GIERZAK, CLARICE 112.00 106169 09/22/06 GOLASKI, DIANE 228.25 106170 09/22/06 GRANGER, BETTY 85.50 106171 09/22/06 GRANT, GUY 116.00 106172 09/22/06 GUDKNECHT, JAMIE 140.00 106173 09/22/06 GUNN, JACLYNN 136.00 106174 09, HECHT, LLOYD 136.00 106175 09/221/06 HEININGER, GORDON 161.50 106176 09/22/06 HILLIARD, BARBARA 64.00 106177 09/22/06 HINES, CONSTANCE 72.00 106178 09/22/06 HOLZEMER, MARY 206.25 106179 09/22/06 HORTON, SHIRLEE 136.00 106180 09/22/06 HULET, JEANETTE 128.00 106181 09/22/06 HUNTOON, LYNN 56.00 106182 09/22/06 IVERSEN, MILDRED 74.00 106183 09/221/06 JEFFERSON, GWENDOLYN 80.00 106184 09/221/06 JOHANNESSEN, JUDITH 166.25 106185 09/22/06 JOHNSON, BARBARA 136.00 106186 09/22/06 JURMU, JOYCE 140.00 106187 09/22/06 KIRCHOFF, HAROLD 64.00 106188 09/22/06 KOCH, ROSEMARY 136.00 106189 09, KREKELBERG, MONA 185.25 106190 09/22/06 KROMINGA, JOSEPHINE 136.00 106191 09/221/06 LACKNER, MARVELLA 136.00 106192 09/221/06 LALLY, RITA 114.00 106193 09/22/06 LAMPE, CHARLOTTE 60.00 106194 09/22/06 LARSON, ANITA 185.25 106195 09/22/06 LAUREN, LORRAINE 72.00 106196 09/22/06 LEO, ANN 132.00 106197 09, LEO, PATRICIA 48.00 106198 09, LEONARD, CLAUDETTE 161.50 106199 09/22/06 LINCOWSKI, STEVEN 100.00 106200 09/221/06 LINCOWSKI, VIOLA 16.00 106201 09/22/06 LOFGREN, DELORES 16.00 106202 09/22/06 LOFGREN, RICHARD 175.75 106203 09/22/06 LOWE- ADAMS, SHARI 104.00 106204 09/22/06 LUNDGREN, ROBERT 50.00 106205 09/22/06 LUTTRELL, SHIRLEY 192.50 106206 09, MAHRE, CAROL 332.75 iE:3 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 106207 09/22/06 MAHRE, GERALDINE 198.00 106208 09, MANTHEY, JOHN 203.50 106209 09, MARSH, DELORES 171.00 106210 09122/06 MASKREY, THOMAS 104.00 106211 09/22106 MECHELKE, GERALDINE 136.00 106212 09/22/06 MECHELKE, MARYLOU 136.00 106213 09/22/06 MEYER, JACQUELINE 128.00 106214 09/22/06 MISGEN, JOAN 136.00 106215 09/22106 MOSSONG, BETTY 140.00 106216 09/22/06 MURASKI, GERALDINE 80.00 106217 09, NEIS, CLARA 136.00 106218 09/22106 NIEMAN, JAMES 198.00 106219 09122106 NIETERS, LOUISE 175.75 106220 09/22/06 NORBERG, ANN 68.00 106221 09/22/06 OLSON, LOIS 16.00 106222 09/22/06 PEHL, DAVID 136.00 106223 09/22/06 PETRIE, JAMES 128.00 106224 09/22/06 RADERMACHER, KARLA 136.00 106225 09/22/06 ROWE, CHARLES 76.00 106226 09/22/06 RUDEEN, ELAINE 132.00 106227 09/22/06 SCHNEIDER, MARY 114.00 106228 09/221/06 SCHROEPFER, HARRIET 136.00 106229 09/22106 SCHULTZ, LOUISE 136.00 106230 09/22/06 SPANGLER, ROBERT 136.00 106231 09/22/06 SPIES, LOUIS 140.00 106232 09/22/06 STAFKI, TIM 114.00 106233 09/22/06 STEVENS, SANDRA 128.00 106234 09, TAYLOR, LORRAINE 175.75 106235 09/22/06 TAYLOR, RITA 136.00 106236 09/22106 THOMPSON, MILO 96.00 106237 09/221/06 THOMPSON, PATRICIA 171.00 106238 09/22/06 TILLMAN, LEILA 136.00 106239 09/22/06 TOLBERT, D- FRANKLIN 136.00 106240 09/22/06 TRIPPLER, DALE 161.50 106241 09/22/06 UNGER, CONSTANCE 132.00 106242 09, URBANSKI, HOLLY 192.50 106243 09, URBANSKI, WILLIAM 132.00 106244 09122106 VAN BLARICOM, BEULAH 175.75 106245 09/221/06 VANDEVEER, BARBARA 120.00 106246 09/22/06 VATNE, MARY 136.00 106247 09/22/06 WANDERSEE, GENE 136.00 106248 09/22/06 WASMUNDT, GAYLE 161.50 106249 09/22/06 WILLY, JOHN 180.50 IF CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 106250 09/22/06 WITSCHEN, DELORES 136.00 106251 09, ZACHO, KAREN 136.00 106252 09, PALANK, MARY 1,679.67 106253 09/22/06 SVENDSEN, JOANNE 2,125.39 106254 09/221/06 SHORTREED, MICHAEL 3,268.81 106255 09/22/06 WELCHLIN, CABOT 2,537.23 106256 09/22/06 EDSON, DAVID 1,933.37 106257 09/22/06 HELEY, ROLAND 1,934.59 106258 09/22/06 HINNENKAMP, GARY 2,196.43 106259 09/22/06 LINDORFF, DENNIS 1,897.98 106260 09, NOVAK, MICHAEL 1,893.35 106261 09/221/06 BERGREN, KIRSTEN 28.13 106262 09/22/06 GERNES, CAROLE 623.06 106263 09/22/06 SOUTTER, CHRISTINE 223.44 106264 09/22/06 BERGER, STEPHANIE 229.38 106265 09/22/06 FRANK, STEVE 105.00 106266 09/22/06 KOHLMAN, JENNIFER 86.00 106267 09/22/06 LINDA, KELLIE 348.00 106268 09/22/06 ROBBINS, EMERALD 160.00 106269 09/221/06 HAAG, MARK 1,972.80 106270 09/221/06 NADEAU, EDWARD 3,061.98 106271 09/22/06 GLASS, JEAN 1,868.83 106272 09/22/06 NAGEL, BROOKE 268.31 106273 09/22/06 SIMPSON, JOSEPH 133.20 106274 09/'22/06 VELASQUEZ, ANGELA 45.00 106275 09, ARNEVIK, ERICA 87.50 106276 09/22/06 BRENEMAN, SEAN 15.20 106277 09/221/06 COSTA, JOSEPH 283.60 106278 09/221/06 DEMPSEY, BETH 147.00 106279 09/22/06 GRUENHAGEN, LINDA 352.10 106280 09/22/06 JOYER, MARTI 51.68 106281 09/22/06 LEMAY, KATHERINE 34.25 106282 09/22/06 RICHTER, DANIEL 68.00 106283 09, RICHTER, NANCY 106.50 106284 09, SCHMIDT, EMILY 77.18 106285 09/22/06 SMITLEY, SHARON 452.70 106286 09/221/06 WARNER, CAROLYN 150.90 106287 09/22/06 WHITE, NICOLE 243.85 106288 09/22/06 WINEGAR, JILL 55.95 106289 09/22/06 WOODMAN, ALICE 76.80 106290 09/22/06 BOSLEY, CAROL 333.35 106291 09/22/06 LEWIS, AMY 53.65 106292 09, PARAYNO, GUAI 170.28 ic7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 106293 09/22/06 STODGHILL, AMANDA 40.50 106294 09, VAN HALE, PAULA 41.50 106295 09, BERLIN, SARAH 79.80 106296 09/22/06 DOUGLASS, TOM 1,344.35 106297 09/22106 EVERSON, KYLE 73.15 106298 09/22/06 GADOW, ANNA 44.45 106299 09/22/06 HER, CHEF 50.80 106300 09/22/06 HER, PETER 101.60 106301 09/22106 O'GRADY, VICTORIA 76.45 106302 09, SCHULZE, KEVIN 79.80 106303 09, VANG, HUE 133.00 106304 09/22106 VANG, KAY 60.35 106305 09/22106 VUE, LOR PAO 133.00 470.798.39 21 AGENDA NO. 12 FROM: Finance Director RE: Certificate of Authority for Brokerage Firm DATE: October 2, 2006 The City's investment policies provide that the City will conduct its investment transactions with (1) financial institutions located in the State of Minnesota that are designated as depositories by the City Council, (2) security dealers who are on the Federal Reserve Bank's list of primary dealers, and (3) security dealers that are subsidiaries of financial institutions that are designated as depositories by the City Council. Wells Fargo Bank has been a designated depository for several years and the Wells Fargo Brokerage Services, LLC has been one of the firms that the City has used for investments for several years. A representative of Wells Fargo Brokerage Services, ILLC has requested that the attached resolution be adopted because of a new requirement. It is recommended that the Council adopt this resolution. RESOLUTION CERTIFICATE OF AUTHORITY FOR WELLS FARGO BROKERAGE SERVICES, LLC WHEREAS, the Finance Director and Assistant Finance Director are responsible for the management of the investment portfolio for the City of Maplewood, Minnesota. NOW THEREFORE BE IT RESOLVED THAT Daniel F. Faust, Finance Director and Gayle Bauman, Assistant Finance Director (Name and Title of Officer) (Name and Title of Officer} are hereby authorized to buy and sell investment securities now registered or hereafter registered in the name of the City of Maplewood. P\finance\word\agn\CERT OF AUTH WF BROK SERV AGENDA NO. 13 FROM: Finance Director On September 11 the Council approved the first reading of the ordinance that will implement a water surcharge fee on North St. Paul Water Service District accounts effective 1 -1 -07. Attached is the agenda report from the Council meeting that contains additional information. It is recommended that the Council (1) approve second reading of the water surcharge ordinance and (2) set the surcharge at $1.00 per month per account. I - • TO: City Manager FROM: Finance Director RE: Water Surcharge Ordinance First Reading DATE: September 11, 2006 190� It s proposed that a water surcharge fee on North St. Paul Water Service District accounts be implemented effective 1 -1 -07 to finance water system improvement costs that cannot be assessed. W • Maplewood has a 2% water surcharge fee on St. Paul Water Service District accounts to finance water system improvement costs that cannot be assessed. During the annual update of the five-year Capital Improvement Plan, the Public Works Director has identified some water system improvements that are needed in the North St. Paul Water Service District that cannot be assessed which total $75,000. These costs are proposed to be financed by the Water Availability Fund for the North St. Paul Water Service District. There will be insufficient revenues in the fund unless a water surcharge is implemented effective 1-1-07. The proposed surcharge is 6.7% of the North St. Paul water charge. The surcharge would be approximately $1.00 per month for an average home. The revenue generated by the surcharge would be approximately $9,500 in 2007. Implementation of a water surcharge fee probably would not be controversial because the use of the revenues should be easily understood and the fee is very small. If the water surcharge fee is not implemented, the unassessable water system improvements would have to be financed by property taxes. It is recommended that the Council approve first reading of the attached ordinance to implement a water surcharge fee on North St. Paul Water Service District accounts effective 1-1-07. ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO WATER UTILITIES THE COUNCIL OF THE CITY OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Part 1. Section 40, Article III is hereby amended to read as follows: Division 5. Water Surcharge Section 40-477. Purpose and Intent. The city has determined that water system improvements in the St. Paul and North St. Paul water service districts need to be constructed that cannot be fully assessed. In order to pay for these costs a surcharge on water charges in the St. Paul and North St. Paul billing districts is established. Section 40-478. Rates. A surcharge on water charges in the St. Paul and North St. Paul billing districts shall be set from time to time by the council and shall be on file for inspection in city offices. Part 2. This ordinance shall take effect and be in force beginning January 1, 2007. P\agn\water surcharge NSP 2 Agenda #1 -4 AGENDA REPORT To: Interim City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: COPS 2006 Technology Grant Date: September 25, 2006 Introduction The Office of Community Oriented Policing Services (COPS), which is part of the U.S. Department of Justice, has awarded the Police Department a $24,681 technology grant. City Council approval is required before this grant can be accepted. C. • • • The Police Department applied for and received a grant from the U.S. Justice Department COPS Office. The amount of the grant is $24,681, and it stipulates that the money is to be used for the purchase of technology for the Police Department. It is our intention to use this grant money to expand an automated Ticketwriter system to be used in several of our squad cars. The Ticketwriter system prints citations using a license swipe system. The next phase will allow information from the citation to be uploaded to court files automatically, saving officer time on the street and court time. Recommendation It is recommended that City Council approval be given to accept this grant money and that the necessary budget adjustments made so the money can be spent as stipulated in the grant. Action Required Submit to the City Council for review and action. DJT:js Agenda Item 15 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Michael Thompson, Civil Engineer I SUBJECT: Jensen Estates Improvements, City Project 05 -15, Table Consideration of Resident Petition to Remove Trail Connection to Currie Street (2320 Hoyt Avenue) to October 23` Council Meeting DATE: September 28, 2006 INTRODUCTION As part of the Jensen Estates Preliminary Plat, the City Council approved a condition to construct a trail between Hoyt Avenue and Currie Street. The developer has not met this condition. This issue was discussed at the September 25 Council Meeting. The Council requested that the developer and City Engineer coordinate a plan and return to the Council. The developer is preparing a response that will not be available until the October 23r Council Meeting. A motion to table this item to that meeting is recommended. RECOMMENDATION It is recommended that the Council adopt a motion to table consideration of the trail connection within the Jensen Estates plat between Hoyt Avenue and Currie Street to the October 23, 2006 Regular City Council Meeting. Agenda Item 16 MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfbile, City Clerk RE: Annual Renewal Currency Exchange DATE: October 2, 2006 Introduction Cashway Checking, a currency exchange licensee, made application with the State to renew its currency exchange license to operate at 3035 White Bear Avenue. Background Minnesota Statutes Chapter 53A.04 requires the Department of Commerce to submit any application for licensure as a currency exchange to the governing body of the municipality in which the currency exchange conducts business. The law further requires the governing body of the municipality to render a decision regarding the renewal of the license within 60 days. After consulting with Chief Thomalla, there is nothing on record that would prohibit council from renewing the annual currency exchange license. They are a good member of the business community. Recommendation It is recommended that council approve the annual renewal license for Cashway Checking. Agenda Item 17 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Kline Nissan Irrigation System Reimbursement, City Project 03 -07, T.H. 61 Improvements DATE: October 3, 2006 INTRODUCTION As part of City Project 03 -07, T.H. 61 Improvements, it is necessary that Kline Nissan be reimbursed $6,546.06 for the replacement of their lawn irrigation system that was removed due to road construction. BACKGROUND Whenever a property is disturbed during road construction, it is ultimately our responsibility to restore the property back to its original condition, including irrigation systems. Since it was necessary to remove Kline Nissan's lawn irrigation system in order to make improvements to T.H. 61 and the adjacent frontage roads, it is our responsibility to pay for the replacement of their lawn irrigation system. Kline Nissan paid $6,546.06 to Tru -Cut Lawns, Inc. for the replacement of their irrigation system per their attached invoice number 3096 dated July 24, 2006. RECOMMENDATION It is recommended that council approve payment of $6,546.06 to Kline Nissan for reimbursement of the cost to replace their lawn irrigation system due to road construction as part of City Project 03 -07, T.H. 61 Improvements. Attachment: 1. Tru -Gut Lawns. Inc. Invoice A ui g ,. 4 0B 0 1 , 3 S p k-ERRY L-IDULE 7 G 3 - 2 1 � 11:3? 1 0 2 Tru-Cut Lawns, Inc, P.O. Box 733 St. Francis, MN 55070 Bill To Kline Missan 3090 N, Hwy 61 Maplewood, MN 55109 A k" Date Invoice # 712412006 3096 P.0. No, Terms Project Quantity Description Rate Amount irrigation Replazzinent due to road construction 6,546.06 6,546.06 Minnesota Sales Tax 6.50% LJ 4/ 15 Ll '�'W 0 `Mank you for your business. Total $6,546.06 m m - �• AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Realignment East — Southlawn to Hwy 61- City Project 02 -07: Resolution for Modification of the Existing Construction Contract, Change Orders 25 -28. DATE: September 28, 2006 INTRODUCTION Field changes have been implemented to complete the construction of the County Road D East Improvement project. Council approval of the attached resolution directing the modification of the existing construction contract, Change Order Nos. 25 — 28, is required. Background On June 28, 2004, the city council awarded the construction contract for the utility and roadway construction to Shafer Contracting, Inc. in the amount of $2,364,326.51. Change Orders 1 through 24 were approved during the past 2 years in the amount of $533,524.36 with the majority of the change orders to add the Bruce Vento Trail construction. Change Orders 25 through 28 are listed on the attached change order forms and are summarized below: • Change Order 25 ($4,336.32) Additional signs and delineators were required during BP Amoco pipe relocation work. Funding for this is provided from the City's MSAS Account. • Change Order 26 ($2,392.50) The contractor was required by Ramsey County to add fencing as part of the trail construction. Funding is provided from the monies received from Ramsey County. No budget revision is needed. ❑ Change Order 27 ($4,641.83): The contractor was required to place additional construction detour signage to protect local traffic. Funding for this is provided from the City's MSAS Account. ❑ Change Order 28 ($675.00): The contractor was required to relocate a backhoe during construction of the Bruce Vento Trail on the railroad right of way because of railroad concerns. Compensation is part of the grant funds received from Ramsey County. No budget revision is required. The total amount of Change Orders 25 through 28 would increase the construction contract by $12,045.65. The revised contract amount would be $2,909,896.52. Budget Impact The budget will be impacted by the approval of Change Orders 25 through 28. Funding from MSA will need to be increased by approximately $9,000 from $3,774,791.65 to $3,784,000.00. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 25 through 28, for the County Road D Realignment East Improvements (Southlawn to Highway 61), City Project 02 -07. Attachments: 1. Resolution 2. Change Order Nos. 25 -28 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -07, CHANGE ORDER Nos. 25 through 28 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -07, County Road D Realignment (East) Improvements (TH 61 to Southlawn Dr.), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -07, Change Order Nos. 25 through 28, as an increase to said contract by an amount of $12,045.65, such that the new contract amount is now and hereby established as $2,909,896.52. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Order Nos. 25 through 28 as a contract increase in the amount of $12,045.65. The revised contract amount is $2,909,896.52. The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing as shown below: Funding Sources Original Budget Revised Budget Ramsey County $ 695,957.93 $ 695,957.93 Regional Rail $ 906,645.00 $ 906,645.00 Sewer Fund $ 55,000.00 $ 55,000.00 Sale of Property $ - $ - Interest on Investments $ 61,257.00 $ 61,257.00 Bonding 2006 $ 167,538.00 $ 167,538.00 MSA $ 3,774,791.65 $ 3,784,000.00 TOTAL: $ 5,661,189.58 $ 5,670,397.93 URS Copy City copy Contractor Copy CHANGE ORDER NO, 25 trmlf- &at> Copy DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 /138-112-05 Project No. 02-07 Date: 8/7/06 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: By-pass signs and shoulder delineators were placed on Hazelwood Street along the temporary roadway curve over the BP Amoco pipeline. The elevated roadway over the pipeline created a convex roadway section. This convexity, coupled with the change in horizontal alignment, induced the City to place warning signs for the curve. The Mn/DOT Estimating Office approved daily pricing submitted by Shafer Contracting. The first ninety days of placement were paid for under Change Order No. 11. This change order covers all remaining costs associated with the signage for the period beginning February 23, 2005 and ending at the road opening date of August 3, 2006. Sign specifics, and daily rental rates, reduced to forty percent after the first ninety days, are included on the second page of this change order. The value of this change order is $ 4,336.32. Contract Status Cost (Corrected Amount) Original Contract $2,364,326.51 Net Change of Prior Approved. Change Order No. 1-24 $ 533,524.36 Approved Revised Contract: $2,897,850.87 Change this Change Order: $ 4,336.32 Possible Revised Contract: $2,902,187.19 Approval Approval Agreed to by Contractor By Its Title M Approval Assistant State Aid Engineer (For Funding Approval Only) C,O. #25, Page 1 of 3 CHANGE ORDER NO. 25 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 / S.A.P. 138-112-05 Project No.: 02-07 Date: 8/7/06 Contractor: Shafer Contracting Company, Inc. Amount of Change Order No. 25 $4,336.32 This change order represents payment in full for the following traffic control devices and warning signs placed on Hazelwood Street, November 24, 2005. Payment includes dates from February 23, 2005 to August 3. 2006, except as noted below. MnDOT No. Qty Description 2563,613 3 Type III Barricade — 8' 2563.613 2 Type III Barricade — 8' w / Large Arrow 48" x 24" 2563,617 1 Standard Sign w / Support Left Curve Arrow 36" x 36" Black on Orange 2563.617 1 Standard Sign w / Support Right Reverse Curve Arrow Black on Orange 36" x 36" 2561617 1 Standard Sign w / Support Lanes Narrow 36" x 36" Black on Orange 2563.617 2 Standard Sign Advisory Speed Plaque 15 M.P.H. 24" x 24" Black on Orange 2564.550 5 Guide Marker 8" x 24" 2563.617* 1 Standard Sign Advisory Speed Plaque 15 M.P.H. 24" x 24" Black on Orange Extension Extension All Units 527 Days $3.30 $ 1,739.10 $2.40 $ 1,264.80 $ 0.58 $ 305.66 Daily Rate Per Unit $1.10 $1.20 $0.58 $0.58 $ 305.66 $0.58 $ 305.66 $0.32 $ 168.64 $0.58 $0.58 $ 0.16 $0.08 $0.40 $0.40 $0.40 $ 210.80 $ 36.00 TOTAL $4,336.32 Two advisory speed plaques were placed on November 24, 2005. Change Order No. 11, covering the first ninety days of placement, only paid for one plaque. C.O. #25, Page 2 of 3 CHANGE ORDER NO. 25 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 1318-121-03 / S.A.P. 138-112-05 Project No.: 02-07 Date: 8/7/06 Contractor: Shafer Contracting Company, Inc. Amount of Change Order No. 25 $4,336.32 STATE AID PARTICIPATION SUMMARY By-pass signage for this project is eligible to participate in state aid funding as follows (based on project pro rata): Category Hazelwood St. Roadway S.A.P. Differentiation 100% S.A.P. 138-112-05 Fraction Amount 0.04 $ 173.45 Amount of Change Order No.25 Eligible for State Aid Participating Funds $173.45 C.O. #25, Page 3 of 3 CHANGE ORDER NO. 26 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 138-121-03 /138-112-05 Project No. 02-07 Date: 8/8/06 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to pufunn the Work as altered by the following provisions: The Ramsey County Parks and Recreation Department modified the Bruce Vento Regional Trail fencing plan by adding a 12' chain link vehicular gate on the west side of the North Trail (Station 61+60). Originally, fencing paralleled the trail from Buerkle Road to north of the 1-694 (Station 61+60) bridge where it jogged west and connected to existing Mn/DOT fencing, This configuration prohibited access to a billboard currently in use. Ingress is restored with the gate. In addition to the gate, custom-made chain link panels were manufactured and installed at all four comers of the bridge. The panels eliminate open gaps by connecting new fencing to existing fencing on both bridge abutments. The value of this change order is $ 2,392.50. Contract Status Cost (Corrected Amount) Original Contract Net Change of Prior Approved Change Order No. 1-24 Approved Revised Contract: Net Change of Prior Pending Change Order No, 25 Change this Change Order: Possible Revised Contract: Mayor Engineer $2,364,326.51 $ 533,524.36 $ 4,336.32 $ 2,392.50 $2,904,579.69 Its * �Jc Title Approval Assistant State Aid Engineer (for Fun Approval Only) C.O. #26, Page 1 of I URS Copy City copy CHANGE ORDER NO. 27 Contractor Copy DEPARTMENT OF PUBLIC WORT: S e. :2= p6t COPY CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138-121-03 / 138-112-05 Project No. 02-07 Date: 8/22/06 Contractor: Shafer Contracting Company, Inc. ]it accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: As directed by the City of Maplewood, Shafer Contracting Company, Inc, installed additional detour signage and special signs for work performed in 2005 on Hazelwood Street where the BP Amoco pipeline was lowered. The extra signs were in place from October 19, 2005 to December 12, 2005 and are paid at Mn/DOT predetermined daily rates or per square foot, depending on the sign. Device prices are as follows: Description MnDOT No. Ouantity/Unit Unit Price Extended Cost Sign Panels Type C 2563.617 39.5 SF/DAY 0.16/54 DAYS $ 341.28 Type III Barricade 2563.613 8 EA/DAY 2.75/54 DAYS $1,188.00 Road Closed Panel 2563.617 37.5 SF/DAY 0.10/54 DAYS $ 202.50 Signs-Special 2563,618 157.3 SF/SF 18.50/SF $2,910.05 Engineer The value of this change order is $4,641.83 Contract Status Cost (Corrected Amount) Original Contract $2,364,326.51 Net Change of Prior Approved Change Order No. 1-24 $ 533,524.36 Approved Revised Contract: $2,897,850.87 Net Change of Prior Pending Change Order No. 25-26 $ 6,728.82 Change this Change Order: $ 4,641.83 Possible Revised Contract: $2,909,221.52 Approval Mayor Approval Engineer Agreed to by Contractor By YN-1 Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 427, Page 1 of 2 CHANGE ORDER NO. 27 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138-121-03 / S.A.P. 138-1.12-05 Project No.: 02-07 Date: 8/22/06 Contractor: Shafer Contracting Company, Inc. Amount of Change Order No. 27 $4,641,83 STATE AID PARTICIPATION SUMMARY The Hazelwood Street detour is eligible to participate in state aid funding as follows (based on project pro rata): ,Category S.A.P. Differentiation Fraction Amount Hazelwood St. Roadway 100% S.A.P. 138-112-05 0.04 $ 185.67 Special signs* ordered for commercial businesses and residential properties located on County Road D are eligible to participate in state aid funding as follows (based on project pro rata): *Consists of 32.5 SF Signs-Special at $18.50 per square foot. Categor S.A.P. Differentiation Fraction Amount County Road D Roadway 100% S.A.P. 138-121-03 0.72 $ 432.90 Amount of Change Order No. 27 Eligible for State Aid Participating Funds $ 61857 C.O. #27, Page 2 of 2 URS Copy CAY COPY CHANGE ORDER NO. 27 Contractor Copy DEPARTMENT OF PUBLIC WORKS M Copy CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138-121-03 /138-112-05 Project No. 02-07 Date: 8/22/06 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: As directed by the City of Maplewood, Shafer Contracting Company, Inc, installed additional detour signage and special signs for work performed in 2005 on Hazelwood Street where the BP Amoco pipeline was lowered. The extra signs were in place from October 19, 2005 to December 12, 2005 and are paid at Mn/DOT predetermined daily rates or per square foot, depending on the sign. Device prices are as follows: Description MnDOT No. Quantity/Unit Unit Price Extended Cost Sign Panels Type C 2563.617 39.5 SF/DAY 0.16/54 DAYS $ 341.28 Type III Barricade 2563.613 8 EA/DAY 2.75/54 DAYS $1,188.00 Road Closed Panel 2563.617 37.5 SF/DAY 0.10/54 DAYS $ 202.50 Signs-Special 256 157.3 SF/SF 18.50/SF $2,910.05 The value of this change order is $4,641.83 Contract Status Cost (Corrected Amount) Original Contract $2,364,326.51 Net Change of Prior Approved Change Order No. 1-24 $ 533,524.36 Approved Revised Contract: $2,897,850.87 Net Change of Prior Pending Change Order No. 25-26 $ 6,728.82 Change this Change Order: $ 4,641.83 Possible Revised Contract: $2,909,221.52 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 427, Page 1 of 2 CHANGE ORDER NO. 27 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138-121-03 / S.A.P. 138-112-05 Project No.: 02-07 Date: 8/22/06 Contractor: Shafer Contracting Company, Inc. Amount of Change Order No. 27 STATE AID PARTICIPATION SUMMARY $4,641.83 The Hazelwood Street detour is eligible to participate in state aid funding as follows (based on project pro rata): Category Hazelwood St. Roadway S.A.P. Differentiation 100% S.A.P. 138-112-05 Fraction Amount 0.04 $ 185.67 Special signs* ordered for commercial businesses and residential properties located on County Road D are eligible to participate in state aid funding as follows (based on project pro rata): *Consists of 32.5 Sli'Signs-Special at $18.50 per square foot. Category County Road D Roadway S.A.P. Differentiation 100% S.A.P. 138- 121 -03 Fraction Amount 0.72 $ 432.90 Amount of Change Order No. 27 Eligible for State Aid Participating Funds S 618.57 C.O. #27, Page 2 of 2 URS Copy City Copy CHANGE ORDER NO. 28 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D / Hazelwood Street Improvements S.A.P. 138-121-03 /138-112-05 Project No. 02-07 Date: 8/22/06 Contractor: Shafer Contracting Company, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to petforin the Work as altered by the folio wing provisions: The City of N/laptewood agreed to provide Shafer Contracting Company, Inc. compensation for labor and equipment to move a Komatsu 400 backhoe off site due to railroad access right-of-way issues. The move occurred on March 16, 2005 and cost Shafer $ 675,00. The value of this change order is $ 675.00 Contract Status Cost (Corrected Amount) Original Contract $2,364,326.51 Net Change of Prior Approved Change Order No. I - 24 $ 533,524.36 Approved Revised Contract: $2,897,850,87 Net Chaiige of Prior Pending Change Order No. 25 - 27 $ 11,370.65 Change this Change Order: $ 675.00 Possible Revised Contract: $2,909,896.52 Approval Mayor Approval Engineer Agreed to by Contractor By Its Title Approval Assistant State Aid Engi (For Funding Approval Only) C.O. #28, Page 1 of I �r r k , -CW N'ry RoAp R EALIGNME NT SFGMtNT I D D a r Agenda Item J1 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Jon Jarosch, Civil Engineer 1 SUBJECT: Cottagewood Public Improvements, Project 06 -10 1. Resolution Approving Award of Construction Contract DATE: September 29, 2006 INTRODUCTION Final plans and specifications for the Cottagewood Public Improvements were approved by the city council on September 11, 2006 and authorization was given to advertise for bids. Those bids were received and subsequently opened on Friday September 29, 2006. Background The Cottagewood Public Improvements consist of extending sanitary sewer and watermain in Highwood Avenue in order to service the proposed Cottagewood Subdivision development, which was approved by the city council on August 28, 2006. Sanitary sewer main would be extended from the intersection of Century and Highwood and watermain would be extended from the intersection of New Century and Highwood. The contractor bids were received and publicly read aloud at 10:00 a.m., on Friday, September 29, 2006. The following six bids were received: 1) Jay Bros., Incorporated $205,069.70 2) Forest Lake Contracting $255,727.50 3) Arcon Construction $190,282.61 4) Three Rivers Construction $163,095.00 5) Northdale Construction $147,019.11 6) F.& K. Trucking & Excavation $172,706.00 All bids have been checked and tabulated. The engineer's estimate for the project was $178,420.00. The low bid from Northdale Construction of $147,019.11 is approximately 17.5% less than the engineer's estimate. Budget Impact The bid falls within the approved construction cost for the 2006 -2010 capital improvement plan budget for Cottagewood Public Improvements and similarly falls within the estimated construction cost established in the feasibility study. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Award of Bids for Cottagewood Public Improvement Project, City Project 06 -10. Attachments: 1. Resolution RESOLUTION AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of $147,019.11 by Northdale Construction is the lowest responsible bid for the construction of Cottagewood Public Improvements —City Project 06 -10, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. Adopted by the council on this 9 day of October 2006. AGENDA NO. KI FROM: Finance Director RE: Electric Franchise Tax Increase Ordinances First Reading On September 11 the City Council directed staff to prepare ordinances to amend the electric franchise agreement and increase the electric franchise tax to produce an additional $959,350 of revenues annually. Attached is the agenda report from the Council meeting that contains additional information. The legal staff at Xcel Energy will be preparing the ordinances for the City Attorney to review and they will be forwarded to the City Council after the review is complete. P\finance\word\agn\franchise fee increase2 FROM: Finance Director RE: Electric Franchise Tax Increase DATE: September 11, 2006 In order to minimize the tax levy increase for the 2007 General Fund budget, electric franchise tax revenues totaling $959,350 were added to close the "budget gap" and diversify revenues. Currently the electric franchise tax produces $182,190 of revenues for the Street Light Utility Fund and homeowners pay $0.50 per month. The rate for homeowners would have to increase to approximately $2.00 per month to generate an additional $959,350 per year. (The rate on commercial accounts would range from $2.85 to $516.70 per month.) Currently Xcel Energy is billing electric franchise taxes in 39 cities and 13 of these cities also have a gas franchise tax (see attached table). An increase in the electric franchise tax would make Maplewood revenues more like the other cities listed on the attached table. In order to increase the electric franchise tax rate effective 1-1-07, Xcel Energy needs a proposed ordinance approved (two readings required) by the City Council by November 1. It is requested that the City Council determine if they want staff to prepare an ordinance to implement an increase in the electric franchise tax to produce an additional $959,350 per year. FILE NAME: ELEOSURCHARGES LOCATK}N:P:\EXCELUN|GC DATE: 02-Oct-00 PREPARED BY: DF CITY SURCHARGES ON RESIDENTIAL ELECTRIC SERVICE RES. RES. ELEC. ELEC. SERVICE SERVICE GAS GURCHAGE GUROHAGE SERVICE AMOUNT CITY - RATE 0.50 Maplewood FS NO 0.50 Oakdale FO YES 0J7 White Bear Lake' 1.50% NO 1.00 Cottage Grove FS YES 1.00 Hopkins FS NO 1.00 St. Joseph FO YES 125 St. Louis Park F8 NO 1.30 Mahtomodi FS NO 1.35 Fahbau|t FS YES 148 Brooklyn Center FO NO 1.50 New Hope FO NO 1.50 St. Paul Park FS YES 1.53 Sauk Rapids' 3.00Y6 YES 1.53 South St. Paul' 3.00% NO 1.53 St. Cloud' 3.08% YES 1.65 Richfield FS NO 175 Dilworth FS NO 175 Little Canada FO NO 2.00 Afton FO YES 2.00 Minnetonka FS NO 2.00 Mound FS NO 2.00 Stillwater FO YES 2.04 Coon Rapids' 4.08% NO 2.04 Hastings' 4.00% NO 2.04 Mounds View' 4.00Y6 YES 2.04Robbinoda|o 4.00% NO 2.04 Winona 4.00% NO 225 Saue|| FS YES 2.35 Grant FS NO 2.50 Doephaven FO NO 2.50 Excelsior F8 NO 2.50 St. Michael FS NO 2.55 Minneapolis' 5.00Y6 NO 2.68 West St. Paul' 520% NO 325 Baker FO NO Mankat0 FS NO New Brighton FS YES Owatonna » FO NO St.Pau| F8 YES 1 2 3 4 5 0 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 32 33 34 35 �MomNamountestimate based un surcharge rate unestimated average residential electric bill of $51. 2 The monthly surcharge is $0.O023 per kWh » The monthly surcharge is$O.0010 per kWh when peak demand ia less than 1OO kW and $0.O014 per kWh when peak demand ia greater than 1O0kW * A05Y4 City sales tax add-on to the State sales tax iu applicable in general m customers subject to the State sales tax. s The monthly surcharge is $2.45 per meter plus $0.0086 per KWH and is in effect just for the months of May through October. ELECTRIC FRANCHISE ORDINANCE ORDINANCE NO. CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D /B /A XCEL ENERGY ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR AND MAINTAIN IN THE CITY OF MAPLEWOOD, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH PURPOSES. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, ORDAINS: THAT THE PREVIOUS ELECCTRIC FRANCHISE ORDINANCE ADOPTED BY THE CITY OF MAPLEWOOD IS HEREBY REPEALED; AND THE FOLLOWING BE ADOPTED: SECTION 1. DEFINITIONS For purposes of this Ordinance, the following capitalized terms listed in alphabetical order shall have the following meanings: City. The City of Maplewood, County of Ramsey, State of Minnesota. City Utility System. Facilities used for providing non - energy related public utility, service owned or operated by City or agency thereof, including sewer and water service, but excluding facilities for providing heating, lighting or other forms of energy. Commission. The Minnesota Public Utilities Commission, or any successor agency or agencies, including an agency of the federal government which preempts all or part of the authority to regulate electric retail rates now vested in the iN &lnesota Public Utilities Commission. Company. Northern States Power Company, a Minnesota corporation, d /b /a Xcel Energy its successors and assigns. Electric Facilities. Electric transmission and distribution towers, poles, lines, guys, anchors, conduits, fixtures, and necessary appurtenances owned or operated by Company for the purpose of providing electric energy for public use. Notice. A written notice served by one party on the other party referencing one or more provisions of this Ordinance. Notice to Company shall be mailed to the General Counsel, Suite 3000, 800 Nicollet Mall, Minneapolis, MN 55402. Notice to the City shall be mailed to the City 1 Clerk, City Hall, 1830 East County Road B, Maplewood, MN 55109. Either party may change its respective address for the purpose of this Ordinance by written notice to the other party. Public Ground. Land owned by- the City for park, open space or similar purpose, which is held for use in common by the public. Public Way. Any street, alley, walkway or other public right -of -way within the City. SECTION 2. ADOPTION OF FRANCHISE 2.1 Grant of Franchise City hereby grants Company, for a period of 20 years from the date passed and approved by the City, the right to transmit and furnish electric energy for light, heat, power and other purposes for public and private use within and through the limits of the City as its boundaries now exist or as they may, be extended in the future. For these purposes, Company may construct, operate, repair and maintain Electric Facilities in, on, over, under and across the Public Ways and Public Grounds of City, subject to the provisions of this Ordinance. Company may do all reasonable things necessary or customaiv to accomplish these purposes, subject, however, to such reasonable regulations as may be imposed by the City pursuant to ordinance and to the further provisions of this franchise agreement. 2.2 Effective Date: Written Acceptance This franchise agreement shall be in force and effect from and after passage of this Ordinance, its acceptance by Company, and its publication as required by law. The Cite by Council resolution may revoke this franchise agreement if Company does not file a written acceptance with the Citv within 90 days after publication. 2.3 Service and Rates The service to be provided and the rates to be charged by Company for electric service in City are subject to the jurisdiction of the Commission. The area within the City, in which Company may provide electric service is subject to the provisions of Minnesota Statutes, Section 21613.40. 2.4 Publication Expense The expense of publication of this Ordinance will be paid by City and reimbursed to City by Company. 2.5 Disbute Resolution If either party asserts that the other party is in default in the performance of any obligation hereunder, the complaining party= shall notify the other party of the default and the desired remedy. The notification shall be written. Representatives of the parties must promptly meet and attempt in good faith to negotiate a resolution of the dispute. If the dispute is not resolved within 30 days of the written notice, the parties may jointly select a mediator to facilitate further discussion. The parties will equally share the fees and expenses of this mediator. If a mediator is not used or if the parties are unable to resolve the dispute within 30 days after first meeting with the selected mediator, either party may commence an action in District Court to interpret and enforce this franchise or for such other relief as may be permitted by law or equity for breach of contract, or either party may take any other action permitted by law. SECTION 3. LOCATION, OTHER REGULATIONS 3.1 Location of Facilities Electric Facilities shall be located, constructed and maintained so as not to interfere with the safety and convenience of ordinary travel along and over Public Ways and so 2 as not to disrupt normal operation of any City Utility System previously installed therein. Electric Facilities shall be located on Public Grounds as determined by the City. Company's construction, reconstruction, operation, repair, maintenance and location of Electric Facilities shall be subject to permits if required by separate ordinance and to other reasonable regulations of the City to the extent not inconsistent with the terms of this franchise agreement. Company may abandon underground Electric Facilities in place, provided at the City's request, Company will remove abandoned metal or concrete encased conduit interfering with a City improvement project, but only to the extent such conduit is uncovered by excavation as part of the City improvement project. 3.2 Field Locations Company shall provide field locations for its underground Electric Facilities within City consistent with the requirements of 1Nlinn esota Statutes, Chapter 216D. 3.3 Street Openings Company shall not open or disturb any Public Way or Public Ground for any purpose without first having obtained a permit from the City, if required by a separate ordinance, for which the City may impose a reasonable fee. Permit conditions imposed on Company shall not be more burdensome than those imposed on other utilities for similar facilities or work. Company may however, open and disturb any Public Way or Public Ground without permission from the City where an emergency exists requiring the immediate repair of Electric Facilities. In such event Company shall notify the City by telephone to the office designated by the City as soon as practicable. Not later than the second working day thereafter, Company shall obtain any required permits and pay any required fees. 3.4 Restoration After undertaking any work requiring the opening of any Public Way or Public Ground, Company shalll restore the same, including paving and its foundation, to as good a condition as formerly existed, and shall maintain any paved surface in good condition for two years thereafter. The work shall be completed as promptly as weather permits, and if Company shall not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and put the Public Wav or Public Ground in the said condition, the City shall have, after demand to Company to cure and the passage of a reasonable period of time following the demand, but not to exceed five days, the right to make the restoration at the expense of Company. Company, shall pay to the City, the cost of such work done for or performed by the City. This remedy shall be in addition to any other remedy available to the City for noncompliance with this Section 3.4, but the City hereby waives any requirement for Company to post a construction performance bond, certificate of insurance, letter of credit or any other form of security or assurance that may be required, under a separate existing or future ordinance of the City, of a person or entity obtaining the City's permission to install, replace or maintain facilities in a Public Way. 3.5 Avoid Damage to Electric Facilities Nothing in this Ordinance relieves any person from liability arising out of the failure to exercise reasonable care to avoid damaging Electric Facilities while performing any activity. 3.6 Notice of Improvements The City must give Company reasonable notice of plans for improvements to Public Ways or Public Ground where the City has reason to believe that Electric Facilities may affect or be affected by the improvement. The notice must contain: (i) the nature and character of the improvements, (ii) the Public Ways and Public Grounds upon which the improvements are to be made, (iii) the extent of the improvements, (iv) the time when the City Krill start the work, and (v) if more than one Public Way, or Public Ground is involved, the order in which the work is to proceed. The notice must be given to Company a sufficient length of time in advance of the actual 3 commencement of the work to permit Company to make any necessary additions, alterations or repairs to its Electric Facilities. 3.7 Shared Use of Poles Company shall make space available on its poles or towers for City fire, water utility, police or other City facilities whenever such use will not interfere with the use of such poles or towers by Company, by another electric utility, by a telephone utility, or by any- cable television company or other form of communication company. In addition, the City shall pay for any added cost incurred by Company because of such use by Citti. SECTION 4. RELOCATIONS 4.1 Relocation of Electric Facilities in Public Ways If the City determines to vacate a Public Way for a City improvement project, or at City's cost to grade, regrade, or change the line of any Public Way, or construct or reconstruct any City Utility System in any Public Way, it may, order Company to relocate its Electric Facilities located therein if relocation is reasonably necessary to accomplish the Cites proposed public improvement. Except as provided in Section 4.3, Company shall relocate its Electric Facilities at its own expense. The City shall give Company reasonable notice of plans to vacate for a City improvement project, or to grade, regrade, or change the line of any Public Way or to construct or reconstruct any City Utility System. If a relocation is ordered within five years of a prior relocation of the same Electric Facilities, which was made at Company expense, the City shall reimburse Company, for non - betterment costs on a time and material basis, provided that if a subsequent relocation is required because of the extension of a City Utility System to a previously unserved area, Company may be required to make the subsequent relocation at its expense. Nothing in this Ordinance requires Company to relocate, remove, replace or reconstruct at its own expense its Electric Facilities where such relocation, removal, replacement or reconstruction is solely for the convenience of the City and is not reasonably necessary for the construction or reconstruction of a Public Way or City Utility System or other Cit improvement. 4.2 Relocation of Electric Facilities in Public Ground City may require Company at Company's expense to relocate or remove its Electric Facilities from Public Ground upon a finding by City that the Electric Facilities have become or will become a substantial impairment to the existing or proposed public use of the Public Ground. 4.3 Projects with Federal Funding Relocation, removal, or rearrangement of any Company Electric Facilities made necessary because of the extension into or through City of a federally= -aided highway project shall be governed by the provisions of Minnesota Statutes, Section 161.46, as supplemented or amended. It is understood that the right herein granted to Company is a valuable right. City shall not order Company to remove or relocate its Electric Facilities when a Public Way is vacated, improved or realigned because of a renewal or a redevelopment plan which is financially subsidized in whole or in part by the Federal Government or any agency thereof, unless the reasonable non - betterment costs of such relocation and the loss and expense resulting therefrom are first paid to Company, but the City need not pay those portions of such for which reimbursement to it is not available. 4.4 No Waiver The provisions of this franchise apply only to facilities constructed in reliance on a franchise from the City and shall not be construed to waive or modify any rights obtained by Company for installations within a Company right -of -way acquired by easement or prescriptive right 0 before the applicable Public Way or Public Ground was established, or Company s rights under state or county permit. SECTION 5. TREE TRIMMING Company may trim all trees and shrubs in the Public Ways and Public Grounds of City to the extent Company finds necessary to avoid interference with the proper construction, operation, repair and maintenance of any Electric Facilities installed hereunder, provided that Company shall save the City harmless from any liability arising therefrom, and subject to permit or other reasonable regulation by the City. SECTION 6. INDEMNIFICATION 6.1 Indemnity of City Company shall indemnifj, keep and hold the City free and harmless from any and all liability on account of injury to persons or damage to property occasioned by the construction, maintenance, repair, inspection, the issuance of permits, or the operation of the Electric Facilities located in the Public Ways and Public Grounds. The City shall not be indemnified for losses or claims occasioned through its own negligence except for losses or claims arising out of or alleging the City's negligence as to the issuance of permits for, or inspection of, Company's plans or work. The City shall not be indemnified if the injury or damage results from the performance in a proper manner of acts reasonably deemed hazardous by Company, and such performance is nevertheless ordered or directed by City after notice of Company's determination. 6.2 Defense of City In the event a suit is brought against the City under circumstances where this agreement to indemnify applies, Company at its sole cost and expense shall defend the City in such suit if written notice thereof is promptly given to Company within a period wherein Company is not prejudiced by lack of such notice. If Company is required to indemnify and defend, it will thereafter have control of such litigation, but Company may, not settle such litigation Nvithout the consent of the City, which consent shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City; and Company, in defending any action on behalf of the City shall be entitled to assert in any, action every defense or immunity that the City could assert in its own behalf. SECTION 7. VACATION OF PUBLIC WAYS The City shall give Company at least two weeks prior written notice of a proposed vacation of a Public Way. Except where required for a City improvement project, the vacation of any Public Way, after the installation of Electric Facilities, shall not operate to deprive Company of its rights to operate and maintain such Electric Facilities, until the reasonable cost of relocating the same and the loss and expense resulting from such relocation are first paid to Company. In no case, however, shall City, be liable to Company for failure to specifically preserve a right -of -way under Minn esota Statutes, Section 160.29. SECTION 8. CHANGE IN FORM OF GOVERNMENT Any change in the form of government of the City shall not affect the validity of this Ordinance. Any governmental unit succeeding the City shall, without the consent of Company, succeed to all of the rights and obligations of the City provided in this Ordinance. 5 SECTION 9. FRANCHISE FEE 9.1 Fee Schedule PENDING AN APPROVED RATE SCHEDULE PROVIDED BY XCEL, THE FEE SCHEDULE SHALL REFLECT THE ADDITIONAL COLLECTION OF AN AMOUNT NOT TO EMCEED $959,350.00 IN FRANCHISE FEES PURSUANT TO THIS AGREEMENT. 9.2 Seaarate Ordinance The franchise fee shall be imposed by a separate ordinance duly adopted by the City Council, which ordinance shall not be adopted until at least 60 days after written notice enclosing such proposed ordinance has been served upon Company, by certified mail. The fee shall not become effective until the beginning of a Company billing month at least 60 days after written notice enclosing such adopted ordinance has been served upon Company by certified mail. Section 2.5 shall constitute the sole remedy for solving disputes between Company and the City in regard to the interpretation of, or enforcement of, the separate ordinance. No action by the City to implement a separate ordinance will commence until this Ordinance is effective. A separate ordinance which imposes a lesser franchise fee on the residential class of customers than the maximum amount set forth in Section 9.1 above shall not be effective against Company unless the fee imposed on each other customer classification is reduced proportionately in the same or greater amount per class as the reduction represented by the lesser fee on the residential class. 9.3 Terms Defined For the purpose of this Section 9, the following definitions apply. 9.3.1 "Customer Class" shall refer to the classes listed on the Fee Schedule and as defined or determined in Company's electric tariffs on file with the Commission. 9.3.2 "Fee Schedule" refers to the schedule in Section 9.1 setting forth the various customer classes from which a franchise fee would be collected if a separate ordinance were implemented immediately after the effective date of this franchise agreement. The Fee Schedule in the separate ordinance may include new Customer Class added by Company to its electric tariffs after the effective date of this franchise agreement. 9.4 Collection of the Fee The franchise fee shall be payable quarterly and shall be based on the amount collected by Company during complete billing months during the period for which payment is to be made by imposing a surcharge equal to the designated franchise fee for the applicable customer classification in all customer billings for electric service in each class. The payment shall be due the last business day of the month following the period for which the payment is made. The franchise fee may be changed by ordinance from time to time; however, each change shall meet the same notice requirements and not occur more often than annually and no change shall require a collection from any customer for electric service in excess of the amounts specifically permitted by this Section 9. The time and manner of collecting the franchise fee is subject to the approval of the Commission. No franchise fee shall be payable by Company if Company, is legally unable to first collect an amount equal to the franchise fee from its customers in each applicable class of customers by imposing a surcharge in Company's applicable rates for electric service. Company may parr the City the fee based upon the surcharge billed subject to subsequent reductions to account for uncollectibles, refunds and correction of erroneous billings. Company agrees to make its records available for inspection by the City at reasonable times provided that the City and its designated representative agree in writing not to disclose any information which would indicate the amount paid by any identifiable customer or customers or any other information regarding identified customers. In addition, the Company agrees to provide at the time of each payment a statement summarizing how, the franchise fee payment was determined, including information showing any adjustments to the total surcharge bided in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. 9.5 Equivalent Fee Requirement. The separate ordinance imposing the fee shall not be effective against Company unless it lawfully imposes and the City monthly or more often collects a fee or tax of the same or greater equivalent amount on the receipts from sales of energy tivithin the City by any other energy supplier, provided that, as to such a supplier, the City has the authority to require a franchise fee or to impose a tax. The "same or greater equivalent amount" shall be measured, if practicable, by- comparing amounts collected as a franchise fee from each similar customer, or by comparing, as to similar customers the percentage of the annual billl represented by the amount collected for franchise fee purposes. The franchise fee or tax shall be applicable to energy sales for any energy use related to heating, cooling or lighting, or to run machinery and appliances, but shall not apply to energy sales for the purpose of providing fuel for vehicles. If the Company specifically consents in writing to a franchise or separate ordinance collecting or failing to collect a fee from another energy supplier in contravention of this Section 9.5, the foregoing conditions will be waived to the extent of such written consent. SECTION 10. PROVISIONS OF ORDINANCE 10.1 Severability Every section, provision, or part of this Ordinance is declared separate from every other section, provision, or part; and if any section, provision, or part shall be held invalid, it shall not affect any other section, provision, or part. Where a provision of any other City ordinance conflicts with the provisions of this Ordinance, the provisions of this Ordinance shall prevail. 10.2 Limitation on Al212licability This Ordinance constitutes a franchise agreement between the City and Company as the only parties and no provision of this franchise shall in any way inure to the benefit of any third person (including the public at large) so as to constitute any such person as a third party beneficiary of the agreement or of any one or more of the terms hereof, or otherwise give rise to any cause of action in any person not a party hereto. 7 SECTION 11. AMENDMENT PROCEDURE Either party to this franchise agreement may at any time propose that the agreement be amended to address a subject of concern and the other party will consider whether it agrees that the amendment is mutually appropriate. If an amendment is agreed upon, this Ordinance may be amended at any time by the City passing a subsequent ordinance declaring the provisions of the amendment, which amendatory ordinance shall become effective upon the filing of Company's written consent thereto with the City Clerk within 90 days after the date of final passage by the City of the amendatory ordinance. SECTION 12. PREVIOUS FRANCHISES SUPERSEDED This franchise supersedes any previous electric franchise granted to Company or its predecessor. Passed and approved: 1 2006. Dian Longrie, Mayor of City of Maplewood Attest: Karen Guilfoile, City Clerk 8 ORDINANCE NO. AN ORDINANCE IMPLEMENTING AN ELECTRIC SERVICE FRANCHISE FEE ON NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, D jB jA XCEL ENERGY, ITS SUCCESSORS AND ASSIGNS, FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MAPLEWOOD. THE CITY COUNCIL OF THE CITY OF MAPLEWOOD DOES ORDAIN: THAT THE PREVIOUS ORDINANCE IMPLEMENTING THE ELECTRIC SERVICE FRANCHISE FEE ADOPTED BY THE CITY OF MAPLEWOOD BE REPEALED; AND THE FOLLOWING ADOPTED: SECTION 1. The City of Maplewood Municipal Code is hereby amended to include reference to the following Special Ordinance. Subdivision 1. Purpose The Maplewood City Council has determined that it is in the best interest of the City to impose a franchise fee on those public utility- companies that provide electric services within the City- of Maplewood. (a) Pursuant to City Ordinance , a Franchise Agreement between the City of Maplewood and Northern States Power Company, a Minnesota corporation, djbja Xcel Energy, its successors and assigns, the City has the right to impose a franchise fee on Northern States Power Company, a Minnesota corporation, djbja Xcel Energy, its successors and assigns, in an amount and fee design as set forth in Section 9 of the Northern States Power Company Franchise and in the fee schedule attached hereto as Schedule A. Subdivision 2. Franchise Fee Statement A franchise fee is hereby imposed on Northern States Power Company, a Minnesota Corporation, djbja Xcel Energy, its successors and assigns, under its electric franchise in accordance with the schedule attached here to and made a part of this Ordinance, commencing with the Xcel Energy January, 2007 billing month. This fee is an account -based fee on each premise and not a meter -based fee. In the event that an entity covered by this ordinance has more than one meter at a single premise, but only one account, only one fee shall be assessed to that account. If a premise has two or more meters being bided at different rates, the Company may have an account for each rate classification, which will result in more than one franchise fee assessment for electric service to that premise. If the Company- combines the rate classifications into a single account, the franchise fee assessed to the account will be the largest franchise fee applicable to a single rate classification for energy delivered to that premise. In the event anv entities covered by this ordinance have more than one premise, each premise (address) shall be subject to the appropriate fee. In the event a question arises as to the proper fee amount for any premise, the Company's manner of billing for energy used at all similar premises in the city will control. Subdivision 3. Payment The said franchise fee shall be payable to the City, in accordance with the terms set forth in Section 9.4 of the Franchise. Subdivision 4. Surcharge The City recognizes that the Minnesota Public Utilities Commission allows the utility company to add a surcharge to customer rates to reimburse such utility company for the cost of the fee and that Xcel Energy will surcharge its customers in the City the amount of the fee. Subdivision 5. Record Support for Payment Xcel Energy shall make each payment when due and, if required by the City, shall provide at the time of each payment a statement summarizing how the franchise tee payment was determined, including information showing any adjustments to the total surcharge billed in the period for which the payment is being made to account for any uncollectibles, refunds or error corrections. Subdivision 6. Enforcement Any dispute, including enforcement of a default regarding this ordinance will be resolved in accordance with Section 2.5 of the Franchise Agreement. Subdivision 7. Effective Date of Franchise Fee The effective date of this Ordinance shall be after its publication and sixty (60) days after the sending of written notice enclosing a copy of this adopted Ordinance to Xcel Energy by certified mail. Collection of the fee shall commence as provided in Subdivision 2. Subdivision 8. Sunset Clause This ordinance shall automatically sunset on December 31, 2011, unless the City Council acts to renew or extend the fee at least six (6) months prior to the sunset date. The Citv Council may unilaterally renew or extend the fee on the same terms and conditions. Without Waiver of any rights under TMinnesota law, the City- Council shall seek agreement from Company if the City intends to change the fee rate or fee design. Passed and approved: , 2006. Diana Longrie, Iila� ©r of City ©f1 aplei)vo 1 Attest: Karen Guilfoile, City Clerk SEAL 2 SCHEDULE A Franchise Fee Rates: Electric Utility The franchise fee, for the sole purpose of recovering the cost of street lighting, shall be in an amount determined by applying the following schedule per customer premise /per month based on metered service to customers within the City: Customer Class Residential Small C & I — Non - Demand Small C & I — Demand Fee Per Premise Per Month Large C & I fees to be announced Public Street Lighting Muni Pumping NjD MuniPumping — Demand Franchise fees are to be collected by the Utility, at the rate listed below, and submitted to the City on a quarterly basis as follows: January — March collections due by April 30. April — June collections due by July 31. July — September collections due by October 31. October — December collections due by January 31. Agenda Item K2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 2, 2006 RE: Code Revisions- Chapter 6 — Alcoholic Beverages — First Reading Introduction At the August 14 city council workshop, code revisions for Chapter 6 pertaining to alcoholic beverages were presented to council. At the September 25 council meeting, questions that the council had raised were researched and brought to the meeting for further discussion. Changes that were made after the September 25 meeting have been highlighted in yellow to assist you in reviewing the code. See attached. Specifically, changes that were made after the September 25"' meeting are: A wine license holder will be permitted to sell intoxicating malt liquor (strong beer) without an additional license. Distance requirements of off-sale liquor license holders from churches and schools has been eliminated. Distance requirements between off-sale liquor license holders is 1,000 feet. A "grandfather" clause is included to cover two existing license holders that do not meet the requirement. License applications for annual and temporary 3.2 beer licenses will be approved administratively. In the event that an annual license holder fails a compliance check during the license period, annual renewal will be brought to the council for consideration. Temporary liquor licenses will be approved administratively or by the city council at the discretion of the city manager or his designee. State statute language has been included to permit up to 12 days per year. There will be three classes of intoxicating liquor licenses requiring varying percentages of annual gross sales in non-liquor related items. The code, with changes and additions as outlined below, is presented for a first reading. Sec. 6-1 Proof of age for consumption, purchase or possession — this section was expanded to reflect documents acceptable for the purchase, possession and consumption of alcohol. Sec. 6-2 Misrepresentation oj'age to obtain alcoholic beverages; possession or consumption by persons under 21 Years oj'age - removed due to redundancy and is covered by Sec. 6-1 and the adoption of State law in Sec. 6-8. Sec. 6-2 Discrimination by licensee - this section was moved from Sec. 6-128 and applied to "In General" to cover all license applicants, customers, members and guest of members for all license types. Sec. 6-4 Keeping or visiting house for unlicensed sale or purchase (?f'intoxicating liquor — this is covered in the adoption of the State Statute. Sec. 6-5 Fees and charges imposed and ' fixed by city council— clean up to reflect current practices and verbiage added to state that all fees Now 6-5 under this chapter shall be deposited into the general fund. Sec. 6-6 Age to deliver, sell, serve or vend - this was removed from Sec. 6-39 and Sec. 6- 109 and moved to "In General" to cover all types of licenses. Sec. 6-7 Adoption of State law - this language was set forth to formally adopt the provisions of Minnesota State Statute Chapter 340A, the State code pertaining to malt liquor, wine, and intoxicating liquor licenses. Sec. 6-37(b) Hours of'sales and consumption — changes were made to reflect changes in State Statute and city code for hours of on-sale intoxicating liquor licenses in September 2003. This change was submitted and approved by the city council for "bars" only and should have included 3.2% malt liquor license holders as required by Statute 340A.504 Subd. 6. Sec. 6-38 Sale to, consumption by, procuring for persons under 21 Years - removed from this section and moved to Sec. 6-6. Sec. 6-39 Age to deliver, sell, serve or vend — removed from this section and moved to Sec. 6-7. Sec. 6-67(2) Required to sell at retail; types of'licenses — this portion was removed due to redundancy and included in Sec. 6-6, "and the license fee is fixed by the city council and paid to the city." Sec. 6-69(c)(d) Ineligible premises — the distance requirement of 100 feet for 3.2 license holders between churches and schools was removed. Sec. 6-70 Duration — changed license period to reflect issuance is for a calendar year from January 1 to December 31. Sec. 6-71 Notice to city council of'stock transfers and change in officers oj'corporate holders — the need to notify the "council" of stock transfers and change in corporate officers has been changed to the need of license holder to notify the "city". Sec. 6-73 Notice to council of conviction of licensee of violation oj'article —language clean up Sec. 6-74(a) (b) Application and approval - changed to reflect administrative approval. Sec. 6-75 Payment of fee - removed due to redundancy, is covered "In General" in Sec. 6-6 Sec. 6-77 Recommendations and reports to city council; grant or denial- removed per requested Now 6-76 consideration of code change in Sec. 6-74 (b) Sec. 6-109 Age of person to deliver, sell, serve or vend — removed due to redundancy, covered "In General" in Sec. 6-7. Sec. 6-112 Drinking in public place and outside events — language changed to reflect two "one- time" events allowed by intoxicating license holders. Currently they are permitted one. Sec. 6-116(al) Hours of sale — added language to reflect current procedures Sec. 6-116(b2) Hours of'sale — clean up date. Sec. 6-117(b) Pei eligible for issuance of licenses — language added for three classes of intoxicating liquor licenses requiring varying percentages of annual gross sales in non-liquor related items. Sec. 6-118(b) Persons ineligible for issuance of license — clarification of language added. Sec.6-119(a) Investigations of on -sale applicants for issuance, transfer or renewal license - language to remove "transfer" of licenses since city practice has been not to permit the transference of licenses. Also to clean up language to reflect current practices. Sec. 6-119(b) Clean up language. Sec. 6-119(c) Removed due to redundancy, is covered "In General" in Sec. 6-6 Sec. 6-126(b)(c) Language stricken in Sec. 6-126(b) and more thoroughly covered in language added in Section 6-126(c). Sec. 6-128 Discrimination by licensee - this section was moved from Sec. 6-128 and applied to "In General" to cover all license applicants, customers, members and guest of members for all license types. Sec. 0 "/nrk c of ojj - the need to notify the ^^ oouooil`o[ stock transfers and change in corporate officers has been changed lo the need of license holder k` notify the "citv" Sec. 6-130 Suspension o/ revocation n//icenxox— lan removed and added toreflec current practi and State law regarding the imposition of penalties for numerous Sco.6-131 Temporary li /icenxus/br nonprofit o/goa/z/domx- chan made Loreflect State Statute permitting up to 12 temporary liquor licenses for nonprofit organ i z ations. Sec. 6-132/4\ Applicationjbr /cnyx/ru/y liquor license - lan added to allow for approval for temporary licenses iobe approved by the ci manager or his designee or forwarded kx the city council for approval o1his discretion. Sec. 6-162 dn,oun/ufftux - nonunvod due (n redundancy, covered "In General" iu Sec. 6-6. Sec. 6-163 Sunday sales licenses oj'on-sale licensees — clean up to reflect State Statute and city code. Sec. 6 Investigation council grant urdenial — clean up language for clearer direction. Scc.6 Surrender »/ on 3.2 percent malt beverage license 6o/oro issuance »/ of intoxicating liquor license; state approval of bonds — clean up language to reflect ourccu| practices. Sec. 6-167 �ffec/ of denial — c}euuop language. Sec. 6-169 Ineligibility »f certain premises — removed requirement nf intoxicating liquor license establishments being \0U feet from churches and schools. Sec. 6-169(o) Language added to reflect staff proposal io restrict off-sale licenses tohc issued to off-sale premises located |,000 from nnexisti off-sale license holder. Sec. 6-172 Alcohol Awareness Training — language added requiring mandatory alcohol awareness training within 6 months of the initial issuance of a new on-sale, off- sale orvvincliocnnc. Also, within 3 months o[a new hire, employees are required to complete an u}ooboJ awareness program approved by the police obic[ Finally, 4 requirement to complete alcohol uw'oreueam training annually by all employees that serve or sell alcoholic beverages on licensed premises is required. This information will be required ua a part nft uuouu] o:ucwo| of licenses. If licensees have not complied with the requirement of alcohol awareness, they will boiu noncompliance of their license and assessed m fine u1the discretion ofthe council. Sec. 6-193 Discrimination by licensee - this section was moved from Sec. 6-128 and applied to "In General" to cover all license applicants, customers, members and guest of members for all license types. Sec. 6-194 Fees and application - Amount oj,'fees — language clean up Now 6-193 Sec. 6-225 Fee and application - " application" was added to reflect the content of the section. Sec. 6-227 Determination and Disposition of fees - removed due to redundancy, covered "In General" in See. 6-6. Sec. 6-228 Hours of sale — removed due to redundancy, covered in Article 111, Division 1— Section 6-116 Sec. 6-229 Sale of intoxicating malt liquors with an on-sale wine license - language added permitting wine license holders to sell strong beer without a additional license. Sec. 6-252 Application - language added to allow for approval for temporary licenses to be approved by the city manager or his designee or forwarded to the city council for approval at his discretion. Division 5, pertaining to the Maplewood Community Center, will be brought to the city council at a later date for council consideration. Proposed increases in fees require notification of the license holders at a public hearing that is scheduled for the November 13, 2006 council meeting. Consideration Staff requests approval of first reading of the ordinance. 14MMM ALCOHOLIC BEVERAGES* Article I. In General Sec. 6-1 Proof of age for consumption, purchase or possession. Sec. 6-2. R iga iio i i 1, - i Sec. 6-3. Licensee's responsibility for acts of employees. Sec. 6-4-.- Sec. 6-5-1. Drinking on public streets, lanes or alleys or while trespassing on private property. Sec. 6-6.5., Fees and charges imposed and fixed by city council. sefl S rVe Olrl VC11111, u ...... ........ ......... .................................................. ...... ......................... I ................................ rl !�A i � S tigl e 1 �t w, Sees. 64" 8--6-35. Reserved. Article H. 3.2 Percent Malt Liquors Division 1. Generally Sec. 6-36. Definitions. Sec. 6-37. Hours of sale and consumption. Sec. 6-38. Sale to, consumption by, procuring for persons under 21 years. t ae-- diejllve-, se-I-L se4 'I Sees. 6-4019-6-65. Reserved. Division 2. Licenses Sec. 6-66. Persons eligible to be issued licenses. Sec. 6-67. Required to sell at retail; types of licenses. Sec. 6-68. Ineligible persons. Sec. 6-69. Ineligible premises. Sec. 6-70. Duration. Sec. 6 -71. Notice to city -e-ou-r-,41-4 stock transfers and change in officers of corporate Sec. 6-72. Unlawful possession of intoxicating liquor on licensed premises. Sec. 6-73. Notice to council of conviction of licensee of violation of article. Sec. 6-74. Application giejgcniink'l ativeapproNal Sec. 6-75.: 1' iav--t4qe Sec. 6-76. Inspections of premises. Sec. Sees. 6-7- Reserved. Article M. Intoxicating Liquors Division 1. Generally MAPLEWOOD CODE Sees. 6-132-6 -160. Reserved. Division 2. On-Sale and Off-Sale Licenses Effect of denial. Bond. Ineligibility of certain premises. Duration. Extent of licensed premises. Alcohol Awareness Training Sees. 6-17;06-190. Reserved. Subdivision 11. Special Club Licenses Sec. 6-191. Issuance. Sec. 6-192. Sales limited to members only. Sec. 6-1943. Fee and application. Sec. 6-19 Applicability of other sections. Sees. 6-196-5 Reserved. Division 3, On-Sale Wine Licenses Subdivision 1. In General Sec. 6-221. Definitions. Sec. 6-222. Required; exceptions. Sec. 6-223. Issuance only to restaurants. Sec. 6-224. Number unlimited. Sec. 6-225. Fees a gd am Sec. 6-226. Approval by state. Sec. 6-22 a4e —i, S g I e o h_ Ha wan ziio oiozile wine `ie X ------------ ---------------------------------------------------------------------------------- S-c, 6-223 I)Iluir"Jon . :Y ----------------------------------------------- Sees. 6-229-6-250. Reserved. Subdivision 11. Temporary Wine Licenses Sec. 6-251. Issuance to nonprofit organizations. Sec. 6-252. Application .;Md '1'..Qj )wt�l M'r'fi'C'CS'c' I ................ ........ ....... ......................................... Sec. 6-253. Applicability of division 4 of article. Sees. 6-254-6-280. Reserved. Sec. 6-281. Definitions. Sec. 6-282. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. Sees. 6-291-6-315. Reserved. Division 5. Maplewood Community Center Sec. 6-316. Sale of intoxicating liquors. Sec. 6-317. Wine licenses. Sec. 6-318. Wine, 3.2 percent malt liquor and intoxicating liquor. ARTICLE I. IN GENERAL Sec. 6-1. Proof of age for consumption, purchase or possession. Proof of age for consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated under this chapter by age, may be established only by j hefofl ofy p .r ..... ...... ..................................... _ j .� fl L'urFE, f. F7. T Kl.el H a fi. fV,+F-; H.R.H.0-911-1., RY a Va-li-r-i kc. 1 -99- 2 ,- - ir 3 . H 21 al f4s G u h a MIA D CE u C .... . U£ vafid Gf-�oOs ££ 4c. ol - der m cfilr :ssu.c by M al S.t. a..V�t�g ........................ ....... �y e� LC ............................... t a ..L anrl . ........................................................................................................................................................................................................................................ . .................................................................... ..... . .. . .. .. ............. ... ..... ...... .... ... ................. 1�clu�fin Ll' 11 a d 'a! c e f HoA r W ljcgise gm n k� !� t- .................................................. ............................ . ............. Sr� ......... ......... ..... ... ... . . ..................... ................. : .............................................................. te JSSLW Lu u Q�ld _d by H c 1J1 La sD ��..r ........ ........................................... . .......................................................................... . ............................................ . . .... S ..................... .. .............. t.. j .......................... ...... ................... a yal ji'd pass if) q is e u J ibs fl e UnHted States: or 14"r in flh's casc £ a F 5 - brei-r- zsatiorufl lix a fraj L'pa" �()q, S_ State law reference .......... Sirrulal provism',s, Mire _, Stals- S 34MA-03 subd,6 / d Q 1 ) — r � one f IS � r,c .......... I ............................... ... . ............ xLj. Seez ; 1:0--olsislin aha)h(-A4-sr4W rserag or Gan41 24. yessr-si-ef-a -H F ff)".H.'re FE)t-+ f},-ffkv:u - 04+1 0 J 1 3 -44 - : - . +0 44. t �+se N 4 "d q+ -f -es oiq f + e i -?,-E li + - e4i i -rn- r+-aeF- %1 f� 0 _44�i4i:t= iax P4&448-' ce. .... ... ... . ... .. ... ....... . b l . ...... . .......... ........... ..... y .......... nsee ................................ I , �afvt� 3 Ar &T " S"' c TS CHIM"I sea of d isabi (1 Its �s uu�aw-ld fro, -a licensee tuder this sfflir`vis�or, 0 use a rneryder 1%ivaurdicadon fon'! Cor'lallinl a v ctu a , t £t s. � 1 , 1 ,ibout% i ace, cflor. c f- . li I ! a sex 0 11 il I �H � t�v take an v r-co-. d ofniaffl �ff�, albou t � ace, giee ... . (j ............................................... . ..................... !=� .......... ........... . ................. ...... .... �� 21 ..on, �, �� - o r o m ... .................................... ........................ ............................................... X!n ............... ........................................................... . ............. ................................................... . ........................ n.A < 1(wmem or r ..... ............................... �ajc ( H a u, ril:amad On u x o ft Saa- 1� - - 12 r .1 S.0 e ; ., 11 u�� on.ncctun�! W"th �tn..apv i cat: Lp � L - MembeTst in. ........ ......... ... ............................ ................... ............ ..... .... . .................................... ...... ...... ........... ................................. . .... .............. Subd. 6. Rate law refcrence—Simi' N1 I ti S - ---------------------------------------------------------- ----------------- - ------------ --- 1 ----------- U-4t, ----- ---------------------------- Sec. 6-3. Licensee's responsibility for acts of employees. (a) Any act by a clerk, barkeeper, agent, or employee of a licensee under this chapter, in violation of this chapter, is deemed the act of the employer and licensee of such place as well as that of the clerk, barkeeper, agent, or employee, and every such employer and licensee is liable for all the penalties provided for the violation equally with the clerk, barkeeper, agent, or employee, except for felonies of manufacture, transport, import or sale /gift of poisonous alcohol. Sale of an alcoholic beverage without a license is a gross misdemeanor. (b) Any sale of intoxicating liquor by a clerk, barkeeper, agent, or employee made in or from a place licensed under this chapter to sell 3.2 percent malt liquor, but not licensed to sell intoxicating liquor, is deemed the act of the employer and licensee, as well as that of the person actually making the sale, and every such employer and licensee of such place is liable for all the penalties provided for such sale equally with the person actually making the sale, except for felonies of manufacture, transport, import or sale /gift of poisonous alcohol. Sale of an alcoholic beverage without a license is a gross misdemeanor. (Code 1982, § 5 -3) Sec. 6 -4. Drinking on public streets, lanes or alleys or while trespassing on private property. Except as authorized in section 6 -112, no person shall, upon the public streets, lanes or alleys of the city or being a trespasser upon the private premises of another, drink beer or intoxicating liquor. (Code 1982, § 5 -5) Sec. 6-65. Fees and charges imposed and fixed by city council. Unless expressly provided for in this chapter, the amount of any license, permit, ; tk)rt et etc fee or charge required to be paid by this chapter shall be in such amount as may be imposed, set, established and fixed by the city council -. -, from time to time. Intoxicating liquor license fees may be paid in two equal installments on January 1 and June 15. AH F i i S a j €e deposited in o e v a � o d .................................................................................................. i................................................................................................................................... .. W .................................................................... ........................v...... (Code 1982, § 5 -6) Sep. 6-6, AS e to deliver sell serve or vend. c � `i £T ° .t ° .`� c�i .£. v "' £,C �..'v s :£. f c . €. £.' ." C . £... £ E.. see ssE..:. € a i' a "v x ' v '.." £ sz i £ v c�i ' i' £' . i.. i£.. ..................................................................::............................................................................................................................................................................................. ............................... ........................................................... v ........................................................................................................ ............................... £fa 1 v a 'ti 1 i S a S £} dU£ £ £ v3€ o a i iii" i£ F ..... w ................................................................................................................................................................ x................................................................................................................................ ................. �................................::........................... ............................... a x g z } t kxr'C££ . A, C, Ga z =x izxFv h =';£fin .< na£ x4 € State lass rte rence r , n,, , ! , 3 t . , n,,�E f,E.7� }.,,£�t2 Vin i ,, rf. �� °€, U;�l €,t�. �.n, S u ircl. 10. S ee . t.- i.......£ ttltl.ltt .. ... 1 It..) :.x. to Hhe £'xt t. f € j ve .,. €)x f :e)n a) his £ ?S. €_. z.A " €m' .. ?. :e .'= A... . 3 "? €)S f €e ?A a f r4.��..eso z. �'?5.ate h }E£'. 34" to :Y'�.£. ..,.:..£.'� :. ...... ...... �Fx .££�.££�*�.x '. x'£ :5..;..`z€..£.: Y:. #...iP'`��'�., 4;.°. €... a.-S 11(:. ,.�..s iP £:�.t- a t'�" £. }, #.�£. `; �£..s .�,.,.�„ ;..5 . # c.., ..:.;�.£.'`��'�.€��'' �.�.E� , :£+„.,� <i �.. ,, a= �stl ibudr i -� .�- _££ ... _ :s € t >'£ £ , =x ::: �.I. , £ z' , : s" i £x', C, x tl:z i £ a0e a� ,�a i }. 1 £-' Secs. 6-7. 8 -6-35. Reserved. DIVISION 1. GENERALLY Sec. 6 -36. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcoholic beverage means any beverage containing more than one -half of one percent alcohol by volume. Bona fide club means an organization organized for social purposes, for business purposes, for intellectual improvement, or for the promotion of sports where the serving of 3.2 percent malt liquor is incidental to and not the main purpose of the club. Intoxicating liquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Off means the sale of 3.2 percent malt liquor for consumption off the premises only. Person includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also a municipal liquor store. Sale, sell, and purchase include all barters, exchanges, gifts, sales, purchases and other means used to obtain or furnish liquor as above described, directly or indirectly, in violation or evasion of this article, but does not include sales by state license liquor wholesalers selling to licensed retailers. 3.2 percent malt liquor means malt liquor containing not less than one -half of one percent of alcohol by volume and no more than 3.2 percent of alcohol by weight. (Code 1982, § 5 -21) State law reference — Similar provisions, Minn. Stars. §§ 340A.101, 645 l- d L 1 bj . -7- 1 . Sec. 6 -37. Hours of sale and consumption. (a) No 3.2 percent malt liquor shall be sold in the city between = 12:00 a.m. and 12:00 noon on Sundays. (b) No on -sale licensee shall permit 3.2 percent malt liquor to be consumed on the licensed premises during the hours when the sale thereof is prohibited by this section; provided, however, that the licensee shall be allowed a 30- minute period following the 4 a.m. closing hour to clear the premises of customers who are on the premises at =t :00 a.m., and such customers during that time may consume 3.2 percent malt liquor beverages purchased by them before A-2:00 State law reference —Sales of nonintoxicating malt liquor, closing hours, Minn. Stats. § 340A.504.1 '� A.... :...2: d : ring 1or..:p r so- ... u de -r 2 -..i rs-v # : =�e ::'z.,;.. ,:#:.... . ,., nt. : � : t., E } e , ..: . e n- ,'�.�z'}'x`e 5 +..�...w, r ...�., . r l i... .. ,: .... e,': � eZ$z . ,...non ,...C',� ,; z9 t ?�.... "r �tr ' _ ^f a t5 ., v. €. x .0 x._ . _ xr _. . , -2 51 �111 &± t-16�� I --- - -- - pex t—A-n ;i� -4q-�io= -,W—. Ag e 4 & 4 e h w r-, N�e--t-4 yt'rt' R i-K+40 a F. il i V."' 0 - i I t� 41 MR M. DIVISION 2. LICENSES* I W Except as provided in this section, it is unlawful to sell 3.2 percent malt liquors at retail in the city except when . "A' licensed under this division. ' T ' 4 -ce types of annual licenses are issued for the sale of 3.2 percent malt liquors as follows: (1) AnraiA on -sale license permits the licensee to sell 3.2 percent malt liquors for consumption on the licensed premises, and the license fee is fixed by the city council and paid to the city. On -sale licenses are granted only to drugstores, restaurants, hotels, bona fide clubs, and establishments for the sale of 3.2 percent malt beverages and soft drinks at retail. A club or charitable, religious, or nonprofit organization may be issued a temporary on -sale license for the sale of 3.2 percent malt liquor on and off school grounds and in and out of schoolhouses and school buildings. Temporary licenses are subject to such terms, including a license fee, as the city council prescribes. to {.il.._ :: {r ..{ ..I ,t. sal- £_} r {i, "s_A x f . { { . A {.t c: {. x l{ § ? ?_s - -- - -- - - - -- - - - - -- - - - - -- - - - -- - -- - - - -- - - - - -- - - - -- - - -- -- - - -- - *State law reference—Similar provisions, Minn. Stats. ch. 340A. (2) _ x a off- -sale licenses permit the licensee to sell 3.2 percent malt liquors in the original packages for consumption off the premises only;':.... (a) No license required under this division may be issued to a person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application. (b) In addition, no new license may be issued to and the city council may refuse to renew the license of a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage or of a felony crime. (Code 1982, § 5 -37) State law reference — Similar provisions, Minn. Stars. § 340A.4;12 -, SUb)d. (a) No on -sale or off -sale 3.2 percent malt beverage license may be issued under this division to premises licensed as a motor fuel station, internal motor fuel station, major motor fuel station or truck stop, as defined in section 44 -512. (b) No 3.2 percent malt liquor license may be issued under this division for premises located within an area wherein such use of the premises is prohibited by chapter 44, which pertains to zoning, nor within an area where such sales are forbidden by state law or any other ordinance of the city. Except for a temporary on-sale license issued under this division, all licenses issued under this division run for a calendar year from If issued for a shorter period than one year, the license fee shall be prorated on a . . ............. .............. . .......... quarterly basis. (Code 1982, § 5-39) State law reference—Similar provisions, Minn. Stats. § 340A.301, s4WS�db(L 5. . .................... I ilillilill� "' 1111�111pji��; 11111 1111111111 _ f i I # T # I - It is unlawful for a person licensed under this division, but not licensed to sell 3.2 percent malt liquor and intoxicating liquor, or for any of the person's agents or employees to possess on premises licensed under this division intoxicating liquor, as defined in Minn. Stats. § 340A.101, the purpose of consumption by anyone. (Code 1982, § 5-41) ri ; li 11 11 i It is the duty of the police r1lier r to notify the council whenever a person licensed under this division is convicted of a violation of this article. Such conviction shall be deemed sufficient _ _S_ --- for---the council to revoke a license issued to such convicted person under this division. (Code 1982, § 5-42) .1MEJER M-mm (a) A person seeking a license under this division must apply to the city for the license by filing a written application with the city clerk. The city clerk must present the application to �lcectn� rc�� a� t vv Ohe 10 W t ! MA 10 UndCTage r c� to mec ith aopl �o dis 3sz qicgsgcs t o d rgiK.tc tj 0i 0 C c&y ordil-�zun to avod The c'crk w z 'oro, izucs � to ffic -oan-nlunitv &Veloollie_nt cl-zparraicg ior zorng T r_lviewavld to the h--e fo-- insipection oft'l-e iWdliere gj_ An application must contain the following: ( The applicant's full name, date of birth and place of residence. (2) The exact location of the place at which the applicant proposes to sell 3.2 percent malt liquors. (3) Whether the applicant has ever previously been engaged in the business of selling 3.2 percent malt liquors or in the business of selling foodstuffs in the city, and if so when and where. (4) The signature of the applicant or of an officer of a club seeking a license or of an officer of a corporation seeking a license. (b) R zol H --- --- - cc id istnitive��y v th ci in z 14 2 4 ;� �L 4 L; �i Se ft ...2..p,IC- 10 f 1 C.:,] 5 1 r- g - F . ............... -: t- . ......... �4 - s ii!-�Afj' -1 jr r wed � ............................. ............. ....... ..... ...... ................................................... ... 1 �j ................................. .................................................. . .......... ..... Sec w 6-' - 5w Pa y-me nt of fe e `4 RA I: --t 44 � - 4 R IG4' IG R-,-4p -7[4 -.-Oc -4941— 4A -o (4 o -S .8 04 . N A 64,41-r- 4 4:� 0� lee i " . .... i+-T loo-U-H . .... E.o.-H.) . -IPO " M i-s ed -V k! k The applicant for a license under this division must permit the appropriate officers of the city, as well as representatives of the police and fire departments, to inspect and examine the place of business described in the application, together with all the appliances and instruments used or to be used in the transaction of the business for which the license is sought. A refusal by the applicant to permit any such inspection shall be deemed as sufficient grounds for the council to refuse to issue the license applied for. (Code 1982, § 5-45) DIVISION 1. GENERALLY The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Club means an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes; for intellectual improvement; or for the promotion of sports, or a congressionally chartered veterans' organization, which: (2) Has owned or rented a building or space in a building for more than one year that is suitable and adequate for the accommodation of its members. (3) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests, beyond a reasonable salary or wage fixed and voted each year by the governing body. *State law reference—Intoxicating Liquor Act, Minn. Stars. ch. 340A. This article does not apply to the following: (1) Persons issued licenses by the commissioner of public safety pursuant to Minn. Stats. § 340A.316 for the importation and sale of wine exclusively for sacramental purposes; (2) Medicines intended for therapeutic purposes and not intended as a beverage; (3) Industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical, or industrial purposes; or (Code 1982, § 5-62) State law reference—Authority for above section and similar provisions, Minn. Stars. §§ 340A.316, 340A.906. Sec. 6 -108. Unlawful sale, furnishing or delivery to certain persons. No person may sell, furnish or deliver in the city intoxicating liquor for any purpose to a person: (1) Under the age of 21 years. (2) Who is obviously intoxicated. (3) To whom sale is prohibited by this Code or other ordinance of the city or by any law of this state. (Code 1982, § 5 -63) State law reference — Similar provisions, Minn. Stars. §§ 340A.502, 340A.503. se e w,rx Sec. 6 -110. Sales to be in public view. All sales of intoxicating liquor in the city allowed under this article must be made in full view of the public. (Code 1982, § 5 -65) Sec. 6 -111. Sales made where prohibited. No person may sell intoxicating liquor in the city in a place or in a part of a building where the sales are prohibited by state law or this article. (Code 1982, § 5 -66) Sec. 6 -112. Drinking in public place outside esyeats. (a) No person may drink intoxicating liquor in a place open to the public within the city, nor may the proprietor or manager of a public place, if it is a building structure, permit such drinking on the premises. (b) This section does not prohibit persons from drinking intoxicating liquor in a building licensed under this article for on -sale sales. However, persons are permitted to drink only in the portion of that building constituting the licensed premises and only within the hours when sales of intoxicating liquors are permitted and for a period of one -half hour thereafter. c) An exception to this section is hereby authorized to allow on -sale license holders to host ') to two ��ts to E-)-n events, pursuant to an application and receipt of a permit therefor, which events may include the drinking of intoxicating liquor, wine, or 3.2 percent malt liquor outside, but upon, their licensed premises. The following apply with respect to such events: (1) A ;. :xa o.. ,.� event shall mean an individual, distinctive cultural, social, educational or recreational occasion, not exceeding 96 hours total duration and not recurring within the same calendar year. Sec. 6 -113. License required. (Code 1982, § 5 -67) (a) It is unlawful for a person to sell intoxicating liquor for consumption at any time or place within the corporate city limits without first having obtained a license as provided in this article. (b) It is unlawful for a person, directly or indirectly, upon any pretense or by any device, to keep for sale or to possess for the purpose of sale intoxicating liquor, without first having obtained from the city a license to sell intoxicating liquor. (Code 1982, § 5 -68) Sec. 6 -114. Tax stamps or labels on containers. (a) It is unlawful for a person to possess intoxicating liquor without proper tax stamps or labels on the container thereof, as required by state law. (b) Nothing in this section prohibits the possession of fruit juices fermented in the home for family use. (c) Fermented malt beverages containing more than 3.2 percent of alcohol by weight or four percent by volume, having the required amount of tax stamps as required by state law on the container thereof or the case in which the beverages are contained are not subject to this section. d) This section does not apply to intoxicating liquor poured from containers or bottles having thereon the required tax stamps and labels, into a cup, glass or temporary shaker. Possession of liquor in one's own home only of a bottle or container not having state tax stamps thereon is not a violation of this section, if the liquor in the bottle or container was poured from a bottle or container having thereon the required state tax stamps and labels, provided that the bottle or container into which such liquor is poured is not larger than one quart in size. No person may possess more than two such unstamped bottles. (Code 1982, § 5 -69) Sec. 6 -115. Retail sale for beverage purposes of ethyl alcohol or neutral spirits. No person may sell at retail in the city for beverage purposes ethyl alcohol or neutral spirits or substitutes thereof, possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits. Nothing in this section prohibits the manufacture or sale of other products obtained by the use of ethyl alcohol or neutral spirits as defined in U.S. Treasury Department, Bureau of Internal Revenue, Regulations 125, Article 1I, Standards of Identity for Distilled Spirits. (Code 1982, § 5 -70) State law reference— Similar provisions, Minn. Stats. § 340A.506. Sec. 6 -116. Flours of sale. (a) No sale of intoxicating liquor for consumption on the licensed premises may be made: (1) Between 2:00 a.m. (if licensee has a 2:00 a.m. licenses edl b hL state com. ��Jss;o X s- ,F1" Rq ! tivs:�� and 8:00 a.m. on the days of Monday through Sunday. 2 n < )tm undays .... . ed d � i i x n .... z -'s, .... { A.: , Ugiibk v (b) No Sale of intoxicating liquor may be made by an off -sale licensee: (1) On Sundays; ..;s.....before 8:00 a.m. or after 10:00 p.m. on Monday through Saturday; ,�.. on Thanksgiving Days; —11 t ). On Christmas Day, December J ®.5: or .. ,.....after 8:00 p.m. on Christmas Eve, December 24. (Code 1982, § 5 -71) State law reference —Hours and days of sale, Minn. Stats. § 340A.504, Qub4S ® s: 2., 4. Sec. 6 -117. Persons eligible for issuance of licenses. (a) A license under this article may be issued only to a person who is a citizen of the United States or resident alien and who is of good moral character and repute, who has attained the age of 21 years and who is the proprietor of the establishment for which the license is issued. If a corporation or partnership is the owner of the establishment, the license shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or for a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the city within 48 hours if the person licensed as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. (Code 1982, § 5 -72; Ord. No. 797B, § 1, 7 -27 -1999) State law reference — Similar provisions, Minn. Stars. § 340A.402L O - 1 Sec. 6 -118. Persons ineligible for issuance of license. (a) No license required under this article may be issued to a person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application. (b) No new license may be issued to and the city council may refuse to renew the license of a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. 'l`iit s � :.} In t g so , .;f t: " f, , S.;t €.3. , s:; , „ :: x,�1 .'ffn ,i a €.3 �::f. e, (Code 1982, § 5-72.5) State law reference — Similar provisions, Minn. Stats. § 340A.402. Sec. 6 -119. Investigations of on -sale applicants for issuance, t .,° e+ or renewal of license. (a) The city shall, upon initial application under this article for an on -sale license 1 z t =5r z .. . `. +. = the C „3.z #: t°., 4, ?z: ti.'...€,�,.3�;,s`:� , ..z £' :3. .a..:; s 7 ? #.fit., ....e: :�.'�. .. ale exe fo :3. re € an on-sale ..,Y.::_...s _* z �' # Az�� ifs' ro �`a �,.:?x�.f �. ":� f ds 7�:5�14.: i�:h= 4 z s ' 3:. x��'f... a.. 3Y' � e i...�C'�....? cil, ------ - --- --- --�- # R --- ----- - ---- ----- ----- C..h s? . 3.,€�,�.�''�.,. � .i.,0 fill} �f..ftli ,..i£� x v de , k da ,.,,.z ,','.., 3za.,ot ")'M f v a x,f�x :..inC,x. =ff €fd..... <t_�...:E.'t ..,�.iz s:::z., nxa t ,,Jirf s the ,f.5� ".s3.. � �..,f... 'f.,` t.. i�Za a`aG.a 41i---- c. .'_ _'_. £_-- �.I. #z._.< �.I.S1I ?�v__ :__- ______ °zs _ °- *-=---- ------- oll _________________________________________________________________________________________________________________________________________ m_____________ _______________________________ 1 .f'salcs ll Soo :.. ''� �. :.C' a1 fit ________ 1____.____11.2________________ n., i I:..:- t l r � � 6 o o ::. e i �� # �.c � of . 'o .:.. , background and financial x investigation 4 s is - p �. =t : The application must be in the form prescribed by the state bureau of criminal apprehension and with any additional information as the city council requires. .A _A +G.-- In addition, an investigation may be required prior to renewal of an existing on -sale license when the city council deems it in the public interest. (b) No on -sale license may be ' or renewed under this article if the results of the investigation show --to that issuance, a- RF -feii or renewal would not be in the public interest. i € .:�-.ch _f the . .`.`<�C,.i;.�:.£_u.�.i €.;z, bS iH s�h.en be ' rVt3.Y.d.Exd to t1he € -liv `'ounc!L s for or den; a (Code 1982, § 5 -73) State law reference— Similar provisions, Minn. Stats. § 340A.412, � € a. 2. Sec. 6 -120. Location restrictions. (a) No license may be issued under this article for premises located within areas restricted against commercial use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except that licenses may be issued to restaurants in areas which were restricted against commercial uses after the establishment of the restaurant. (b) No license may be issued contrary to the provisions of any ordinance or any special law restricting areas within which intoxicating liquor may be sold. (c) No license may be issued under this article for premises or places in which the sale or use of intoxicating liquor is prohibited by Minn. Stars. ch. 340A. (Code 1982, § 5 -74) State law reference — Similar provisions, Minn. Stars. § 340A.412, Subd 4. Sec. 6 -121, Denial of license to person in connection with premises of another. An intoxicating liquor license may not be issued under this article to a person in connection with the premises of another to whom a license could not be issued under Minn. Stars. ch. 340A. This section does not prevent the granting of a license to a proper lessee because the person has leased the premises of a minor, a noncitizen who is not a resident alien, or a person who has been convicted of a crime other than a violation of Minn. Stars. ch. 340A. (Code 1982, § 5 -75) State law reference — Similar provisions, Minn. Stars. § 340A.412, &u b,4 `d . 5. Sec. 6 -122. One license for any one person or premises; possession of interest in more than one license. (a) No more than one off -sale or on -sale intoxicating liquor license may be directly or indirectly issued under this article to any one person or for any one place in the city. (b) It is unlawful for a person to knowingly have or possess a direct or indirect interest in more than one license in the city. Upon conviction therefor the city council may immediately revoke all licenses of the person. The term "interest," as used in this subsection, shall be as defined in Minn. Stats. § 340A.412, � L b_ . 3. (Code 1982, § 5 -76) State law reference — Similar provisions, Minn. Stars. §§ 340A.301 -rte S he . 7,340A.412, - l =fl,k 3. Sec. 6 -123. Posting of licenses. A license issued under this article must be posted in a conspicuous place in the premises for which it is issued. (Code 1982, § 5 -77) State law reference — Similar provisions, Minn. Stats. § 340A.410, t- f- SU;xbd. 4. Sec. 6 -124. Licenses for drugstores. No license may be issued under this article to a person operating a drugstore unless the person has operated it for at least two years or has purchased a drugstore that has been in continuous operation for two or more years. (Code 1982, § 5 -78) State law reference— Similar provisions, Minn. Stats. § 340A.412, s c . 7. Sec. 6 -125. Issuance of federal permit as condition to license issuance. No license granted under this article shall be effective until a permit is issued to the licensee under the laws of the United States, if such a permit is required under the laws of the United States. (Code 1982, § 5 -79) Sec. 6 -126. Responsibilities of licensee for place of business; gambling, prostitution or disorderly conduct; age requirements for employees. (a) A licensee under this article is responsible for the conduct of the licensee's place of business and for conditions of sobriety and order therein. (b) No licensee under this article may keep, possess or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, a slot machine, dice or any gambling device or apparatus, nor permit any gambling therein. f ..i iA c ,{ A= F r However, gambling devices maybe kept or operated and raffles conducted on licensed premises and adjoining rooms when such activities are licensed by the city pursuant to Minn. Stats. ch. 349. 1 - i --_ --: _ € __ ---------- ` - � - '- t _ ------ -------- --- '---� --- � ---- ` --U--- - ------ - -- -1 €- - ------ - C -A' - t_ 5 # -- - ° ' �f3.€:, x, e rf Ar ".i;,a.SS ?V ....z.... e s u;=:u h . n.......s M C,,...._ ,c o'€':...w ..#..u; �.i��.� .,.;.. . innia` 1 1€. ,..nt�nt:,'. ?E€.,as.:. =e ;; nC r . o ?hc a,.r�.o .. Ei£ .:k a:f ; ';'� .,i nn o a. �7;.€.. # ii` ai. .. n' arE € io. a .< or tip£.i�.i.i. x£ iii ?xv £) i ts'xv Cf iii vet ; ,% t i i iiu i ho stess is i clod . "Cx� ti?'; t six] .x iitxixe a e �£Ous'aa i $ t la �` v "C ° $ii'S s C iiii i caress tsi � iib <is i €ii o c use ...... ..................................................................................:..................................................................................................................................................................................................................................................................................... n.............................................. ............................... tip 7. 1i; ?C t €} Sa L E ;; 3 I I '" €v3 e sa iI ' € t. Ui LO . ...................................................................................................................................................................................................................................................................................................... v................................................................................................................................................................. ....... ...................... Val, or ursoii : =a i. ik n .3 , h= air imc.rco i4k )k C'ixi ' e i) s iz.:: € n) f! s:r u- - '60 i= orajiv 4e' ulfl ac hic "l, . G4 _a.x iC. i{.?i:b {. E. t�'. =£..lAe?'. .............................................................................................. ........................ m ++ h o rI €m< � o E. t so t (,iu h s C . `tr+ € tt� Fl , is o 'Com ................... n...................................... v ............... ..............................: .................................................................... .. ......................................... ............................... :<.s tl _. :s'... C. :. +,...; t$i'�. °:..:' U:L % . ` E_i _..:� �.?. 't .. .c:.�' iu.:r.. ,.,'. - 3.'i, icy, mL o£fiec L o (if the ro'hi Efltsed activ.S. es i ' iIsr , r 3 IC -+,- -is Who .,�: E :. i x ��<-.?. -1- .�.. .. .. .x x..,k.- vu Z€.. S'.: €. `t+C,`� S S..Ia. X.- v a-l'4' s... =.. v .,,.,,`,C. .. k - :IIS ' :z£�.' e r: ,, 4k 2 2 z ?. l" a5 � s"'f , ,k <"4 ..+.. -r, .. .. -.,: E.�. -x .,�.... �.f.. �.f .Y k.-.. Yxe, 4,. +.� �A o .,E $,.: £�.+.�.. i. .,E «s'.} &. �,.- .dX.- .. ti, s. t"s o r to n. 'ate ticts o sexu,,S a�, ;a t.olu ;, �.: ;.I . +t�. €��, .. o €.3: b es x or x,o . �.:� €.3= , f ++ _ on ' k___"__--€. SC 'E_f.€. _f,_�:_"E_�.,f�€.`m_ C £:..a C"3. C : €t i €:#..: SCit Cr: CE +'�..`k. -- - - -- - ----- -- c in ploved to __ _________ _______�__ ____m__________,_ _________ ___ ___ x ___ y a bove , (e d) No person under 18 years of age may be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on -sale, except that persons under 18 years may be employed as musicians or to perform the duties of a busperson or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on -sale. (Code 1982, § 5 -80) State law reference — Similar provisions, Minn. Stats. § 340A.412, -Sub .. 10. Sec. 6 -127, Operation of coin - operated amusement devices by minors in barrooms. Coin - operated amusement devices may not be used by a person under the statutory age of majority in an intoxicating liquor dispensing barroom in the city licensed under this article. (Code 1982, § 5 -81) Sec. 6 -128 lsri ito...by Clb ... r . f :--t°. °r'+'° .-C-' -- - --- { is 40 °. .Z t }¢... z { E &,vv t . & z , ...+ .. z.;:n . . d z.: } . z. n ub + s.. :;. :: ? E s . z .A . ; , +t; tC? +, Sec. 6 -129. Transfer of license, transfer of corporate stock; change of corporate officers. (a) No license granted under this article may be transferred from person to person or from place to place without the consent of the , n i v : 1 f e4s, k...,.4 Tai s 1 I- ..b , . n :¢ n . : .... , n .. c ... (b) Where a license is held by a corporation, a change in ownership of ten percent or more of the stock of the corporation must be reported in writing to the city count i - within ten days of the transfer. (c) The transfer of stock in a corporate license shall be deemed a transfer within the meaning of this section, and no such transfer of stock may be made without the consent of the m i A y. It is the duty of the officers of a corporation holding a license issued under the authority of this article to notify the =mc of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer shall be effective without the consent of the uu= s giv in the manner set forth in this section. The transfer of any stock without the knowledge and consent of the e ow -C-4c t r shall be deemed sufficient cause for revocation by the Lam:_ council of a license granted to such corporation under the authority of this article. (d) Such corporate officers mentioned in subsection (c) of this section must notify the :. x. 1_ "y'. whenever any change is made in the officers of the corporation. Failure to so notify the <= ° is likewise sufficient cause for revocation of a liquor license granted to such corporation. (Code 1982, § 5 -83) U l PAL t......... Sec. 6 -130. Suspension or revocation of licenses. :..t.E .. # . i.I z HE _a:� a AW- V et n &, t.F t .:tr..z, e:� �. #��.:..:t£� M. "s ° ..x,.t�. °c,�. :.�rn Cl.. §4s 'Aft: ttrx x: £M £ s...l. t€,xx$ i £ ::.£.rcs:£i r tr € ££.... £A . t € $:t£1 x €£'t€ t x u xa ££...£; t;x a£1r x . x x €1a,. ..:.£ £a;_ ° rte i ..: i Z s::. �,-£-:.:.t€.. ties==€£ t :: m -:-..� A- d. 1"A' 1-1A .�. ..- ..�....x.�>+€<.:,.., .- .�.- .< :,,tx:�.. A-'-- st" �,.:�.. �a.42"S K AZ €,x .r.i i£ ' u: 7 • tip € f eoaltt: of ) k�f a €ff .01 z+..`.. ;. ,�.s�:,,., �. };.' ��..� .'�.�€tY: sue. =i ;..:o......Y`. oat ora o._ '€h.x ..se `a ..,.,1M M:i :I. t :° J' ; € € tt£It tt,£ .... ......... ......... ......... ......... ......... . ...::::.. ... = SEC: .s £x yts G €.... x �:"�.:.: q € dfl n-€as °t...# €. £ S ''..: S `7'.. (€.€.,.::. €... ?:':... -" L € .5.. J o? H. €... s €at..... ___ _________ _________ x ________ x ________ ____ ____ _________ _________ _________ ------------------ --- tS E? 3¢ L v £_: x iss Cale )m. u 1 1c S'If " ti to d4 .Cl'a. aim x.. €7...C�... €:. �.7t.a't„E:'�S.f.. x� . t tl l £t S t€ a t F U£ a. £ t t tt :e €i £ t S£ ,£ Yti -£ U£,, s l tjj y 3 s `€ .......................................... 1........................................................................................................................................................................................................................................ A ......:::............................................................. ............................... ......... ............................... ,... �............................. ....w................ a s �:.€"�' £° 4 vl: ''# t} . - -:. _'*_` -___ ------------ ____- -=_ t£ -''_t__-- �. s €_ i i :. M I, . ::� `^€. C I: o _ € €... E.. S % �., i Y Co € C : ' €._ t � €: £ a 5 7_a_._S C � ...i x ______ _________ _________ ___m ___.. _ ______ __ ______ _ �._____ ______ _ ___ _ ________ ________ _. the ................................................................................................................................................................................::. .............................. ....................................................................................................... x........................................ ............................... . ........................................................... ............................... Stmmm 7__000 ( __ t3 4 _J _ _ jLj` € _ __ -m -- £ s _t31 (( - . C € _f 7 AA __m___ �.Fti as the _c€tu._. oL.:ax . :y 0x SU 'es.si.iF d. € }£. `a lot vm x€_mot u �. At l e , sta :.ila. .. :.,. . - ivil does n0l �: ��£Clodc C,aan?i-i erEt..,€'.s Sec. 6 -131. Temporary liquor licenses for nonprofit organizations. Notwithstanding any other section of this chapter, a club or charitable, religious, or other nonprofit organization in existence for at least three years may obtain an on -sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may authorize on -sales on the premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on -sale intoxicating liquor license issued by the city. The fee for such license shall be established by the city council -b f €vim = " A441-from time to time. Sec. 6 -132. Application for temporary liquor license. Application for a temporary liquor license shall be on forms provided by the city clerk and shall contain such information as specked by the city clerk including the following: (1) The name, address and purpose of the organization, together with the full names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates, and hours during which intoxicating liquor will be sold. (3) Consent of the owner or manager of the premises or person or group with lawful Responsibility for the premises. t_!S' T( ?€ Sif edo tw O 1 C:, - Px C v tt:�i Tk {1) (_ {fit €W ?_ _(5' r� . A ,ol t`a'i €.ifi :E" o ; ect ri i i th xp£} �,,. a. �1 #,. C,ea ;t.l_., 1. '1_.°# M A : #_ € :- ..�:;a { .fl�lt_ =.2�... {. :# r #, ji} X311# Y as X t � rid i i4 { #r I t€ t z tt < t ti € E i r' VV _l } ................ .......................:..::... v ......................!............................................................:: ............................... v ........................... ............................... v ...............................................................:............ .............................. .........:........................................................................................................................... ............................... _ _ _ ___ _______ ________ _____ _ _____m__ __ __ ___ _ _ __ __ _______ ____ ------------- (Code 982, § 5 -86) State law reference— Similar provisions, Minn. Stats. § 340A.404 5 dYG Est= 10. Class C All aetivities a4lowed in Classes A and -B, plus pelzfo�ffia-nee by Inale at: gmale pef-4mwf-s w4hoy,4 NpAitatiO14 as 4o a:ambef-, whefe da�hing is in eamplianee wi44 See, 6 416 of 04is Chapter-,- Secs. -13 460. Reserved. � s Subdivision 1. In General r r r .r There are hereby established the following city intoxicating liquor licenses: (1) On -sale. (2) Off -sale. (3) Limited off -sale. (Code 1982, § 5 -96) SetaT ...64-62-- ...At e a t (.4: Ph r rr. MT-WIT METNUMIM The holder of an on -sale liquor license under this division may apply to the council for a Sunday sales license. The city council may after one public hearing grant an on -sale licensee a Sunday sales license permitting the licensee to sell intoxicating liquor between the hours of 10:00 a.m. on Sundays and - -':00 a.m. on Mondays in conjunction with the sale of food, provided that the licensee is in conformance with the Minnesota Clean Air Act. An application for a Sunday sales license must be made at the same time and on the same application as the on -sale licensee uses to apply for an on- sale license or renewal thereof. If the first application for a Sunday sales license is made before the time for renewing the on -sale license, the clerk may provide for a special supplementary application for the Sunday sales license. No Sunday sales license may be issued to an on -sale licensee unless the licensee operates a restaurant serving meals regularly to the public and having facilities for serving at least 30 diners at the same time. Under a Sunday sales license, liquor may be served on Sundays only to people seated at restaurant or dining room tables. (Code 1982, § 5-98) State law reference—Authority for above section, Minn. Stats. § 340A.504, subd. 3"M (a) A person desiring a license to sell intoxicating liquor in the city pursuant to this division shall make a verified written application to the city council and must file it with the city clerk. The application form must require that the following information be given on the application, along with such further information the state commissioner of public safety, the council or the clerk may require: (1) The applicant's full name, date of birth and place of residence. • am (b) Upon receipt of the application and the proper amount of the license fee, the clerk must give the applicant a receipt containing a statement of the purpose for which the deposit was paid. (Code 1982, § 5-105) Sec. 6-165. ]Investigation of applicant; inspection of premises; council hearing; grant or denial. (a) The city clerk must immediately transmit an application for a license submitted under this division to the police chief for investigatic, �d e o to t e I'li e mar s a f, inspection of the premises,_ H �k (b) Upon completion of the investigation under subsection (a) of this section, the police chief or t,,e 6ty derk shall report the findings to the city council at a public hearing on the application held according to law. (c) The city council must either grant or deny the application for a license under this division after the public hearing is held under subsection (b) of this section. (Code 1982, § 5-106) State law reference— Investigation of on-sale license applicants, Minn. Stats. § 340A.412, subd. 2. Sec. 6-166. Surrender of on -sale 3.2 percent malt beverage license before issuance of off -sale intoxicating liquor license; state approval of bonds. (a) Where the application under this division is for an off-sale liquor license and the applicant holds an on-sale 3.2 percent malt liquor license issued by the council, the council may not grant an off -sale liquor license until the applicant surrenders the on-sale 3.2 percent malt liquor license. I the clerk i to issue the license s (b) If an off-sale license is granted under this division, .4 eL-i� whenever the bond required by this division has been approved by the state commissioner of public safety and the commissioner advises the clerk that he approves of issuing the particular applicant a license. (c) If an on -sale license is granted under this division, of the city council must direct the clerk to issue the license whenever the bond required by this division has been approved by the council. (Code 1982, § 5 -107) State law reference — Off -sale intoxicating liquor license prohibited for place where nonintoxicating percent malt beverages sold for consumption on premises, Minn. Stats. § 340A.412, ',ubd. �...2. Sec. 6 -167. Effect of denial. Should the application for a license under this division be denied, 01-e F n. n r x x r z ;c -nit i � I A)K r G A.V. r n ;. , f ; refund to the applicant the deposit for license fees made when the application was filed. Any amount paid by the applicant for the conduct of an investigation of the applicant shall be retained by the city. (Code 1982, § 5 -108) Sec. 6 -168. Bond. (a) No off -sale license required under this division shall be granted until a bond in the sum of $1,000.00 shall be furnished and approved by the state commissioner of public safety and filed with the proper city officers. (b) The surety on the bond required by subsection (a) of this section shall be a surety company duly licensed to do business in the state, and the bond shall be approved as to form and execution by the state attorney general. (c) All bonds required by subsection (a) of this section, when approved by the proper city or state officer, shall be deposited as directed by the commissioner of public safety. (d) All bonds required by subsection (a) of this section, for an ofd sale license, shall be conditioned as directed by the commissioner of public safety. (Code 1982, § 5 -109) (Code 1982, § 5 -110) State law reference — Authority for above section, Minn. Stats. § 340A.412, Ifs d. 4. Sec. 6 -170. Duration. All licenses granted under this division expire on December 31 of each year. (Code 1982, § 5 -111) Sec. 6 -171. Extent of licensed premises. Sec. 6 -169. Ineligibility of certain premises. Except as authorized in section 6-112, no on-sale or off-sale license issued under this division is effective beyond the compact and contiguous space for which the license was granted. Licensed premises are the premises described in the approved license application. (Code 1982, § 5-112) State law reference—Similar provisions, Minn. Stats. § 340A. subd. 15. Sec. 6 Alcohol Awareness 1`raining Wil"llin sj . yi) nnom Iths o& Athe i,661a,l �ssusIIICC �1? 11CW on--sale, off"Saic HOW IT 1 WC.1, , C 011' a "M W""' "'iCense, no less � o 1. ,A D UAC n v: rzecl, r s el 11 C 0 A OTT HAC shal 1�11ave co- - - - -------------- _L_ffio i t' ----- ---- LAA _P_ ---------------- 1 _1 ------------- ----- -------- ------------------------------------- --- ------------------- ----------------- ---------------------- - -------- ------------ t" � �i kl on-sale, licens nj c or wc he nse ho]der shal' -j"I �1 � x1sr- o 1h gra , ,i -% p rAwPA ' f l y th.- o lice dhit'L d ni. con L1]eI%e an Allcohol av,�aren-SS pr �Fh e * j , , c ,', C) v t , , eS aLKth()r:Z-10 to, se: e (. )r Se N () n rhe �j A an L Kl 1 c C) 111 1 e e "' L) .0 ) it xi "'ke Ohce chi , e." 'll-oh a Uenessn �'m :'nn. A - jol i�w? �,r A- Subdivision H. Special Club Licenses An on-sale liquor license may be issued by the council to a bona fide club which has been in existence for 20 years and which is incorporated under the laws of the state. For congressionally chartered veterans' organizations, such clubs shall have been in existence for ten years prior to January 1, 1961. (Code 1982, § 5-99) J '�Vfinr� - S�ta"�, - 33�40k- Any special club license issued under this subdivision shall be a license for the sale of intoxicating liquors to club members only. (Code 1982, § 5-100) R W -0 U . :s :. A -7�4±--isu-I - Pd 44-14� The license fee for a special club license issued under this subdivision shall be in such amount as may be imposed, set, established and fixed by the city council by time to time, and the application shall make application for the license on a form to be furnished by the clerk. This application shall be in substantially the same form as an application of a public on-sale liquor license (Code 1982, § 5-102) The holder of a license issued under this subdivision is subject to all of the sections of this Code pertaining to the issuance of intoxicating liquor licenses. (Code 1982, § 5-103) DIVISION 3. ON-SALE WINE LICENSES* Subdivision 1. In General Restaurant means an establishment other than a hotel, under the control of a single proprietor or manager, where meals are regularly served at tables to the general public, and which has seating capacity for not less than 30 guests. Seating means the usual and regularly available seating accommodations for guests of the establishment to sit at tables State law reference—Similar definitions of the terms "on-sale wine licenses" and "restaurant," Minn. Stars. §§ 340A.101, �� 25, 340A.404, s h ubd. 5. ME No person, except wholesalers or manufacturers to the extent authorized under state license, the municipal liquor dispensary and those having an on-sale intoxicating liquor license issued under division 2 of this article, shall directly or indirectly deal in, sell or keep for sale any wine or intoxicating malt liquor without first having a license to do so as provided for in this division. (Code 1982, § 5-127) MM= On-sale wine licenses shall be issued only to restaurants meeting the requirements of this division. (Code 1982, § 5- 128} State law reference—City may issue on-sale wine licenses only to restaurants having facilities for seating at least 25 guests at one time, Minn. Stars. § 340A.404, tailk-S � NIL 5 - it ------ An unlimited number of on-sale wine licenses may be issued under this division. (Code 1982, § 5-129) State law reference—Authority of city to issue on-sale wine license to any restaurant having facilities for seating at least 25 guests at one time, Minn. Stars. § 340A.404, Subd. 5. State law reference—Similar provisions, Minn. Stars. § 340AA04, sti-E14S g bd. 5. ...................... -Seez 6-22 and di-iPO44: io.k.l... 0-f-fio-'s-U. - �s�a �i ae� _41-i'll RR4 (47) .11 'c+-VO L;)4 1 o iv ee=414- - s-; - :='.-'s .$. : #--£ - ,.-' - !;-.a4x it a oF e-4-NA elt:�e'+O-H Q �4 t F all e y-I 'c d ni flhc ours 1 00 s: - 8 00 N Sec. 6-22". &fl e of ini arin na oxic ift DO W h1i a LL ----------------------- g ------ hqy ------ n-on-sale wine-11ceose. Sec. 6229230. Duration. All licenses issued under this division expire on December 31 of each year. (Code 1982, § 5-134) Subdivision 11. Temporary Wine Licenses MUNMEMM= Notwithstanding any other section of this chapter, a bona fide nonprofit charitable, religious or veterans' organization may obtain an on-sale license to sell wine not exceeding 14 percent alcohol by volume c n 1. 1: for .! 21f4lia". consummion on the licensed memises only. The fee for such license shall be established by the city council by resolution Application for a temporary license under this subdivision shall be on forms provided by the city clerk yy_fl_� ----- y_illl ---------------- :Ie a wil ko fonuvard t1 he z flgwi n s� 11— s 1 n I for in C.- H 1 R1. _Se Q1 1PIM1111"'e. (AWC-K, .. _0 , � 1 jwvy k e -re a "))I c -in.-d s-ha-41 contain such information as specified by the city clerk, including the following: (1) The name, address and purpose of the organization, together with the names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates and hours which wine will be sold. (3) Consent of the owner or manager of the premises or the person or group with lawful responsibility for the premises. (Code 1982, § 5-136) See. 6-253. Applicability of division 4 of article. Division 4 of this article shall not apply to temporary wine licenses granted under this subdivision. (Code 1982, § 5- 137) DIVISION 4. BOTTLE CLUBS* C 4. -j� ... � ..,v Ile e ++-ed q. .: 4-14-� 11.a.q 1. R at . H.' M The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Bottle club means a club, as defined in Minn. Stats. § 340A. 101, siubd 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in Minn. Stats. § 340A. 101, - I - bd. 7, and which is not licensed for the sale of intoxicating liquor, either on-sale or off-sale or both. (Code 1982, 5-146) State law reference—Similar provisions, Minn. Stars. § 340A.414,s- �-,�Sy J. 2. r intoxicating liquor. (b) It is unlawful for a club member under 21 years of age to be assigned a locker for the storage of intoxicating liquor or to consume or display or be permitted to consume or display intoxicating liquor on any premises owned or controlled by such private club holding a permit issued under Minn. Stats. § 340A.414. (Code 1982, § 5-147) city, the council may approve the issuance of a permit to the nonprofit organization or governmental unit at an annual local license fee of not less than a fee per year as set by the council from time to time, provided that the permit is for less than five days per year. (Code 1982, § 5-149) State law reference—Authority conferred upon city council to impose a local license fee not exceeding $300.00 per year on bottle clubs holding state permits, Minn. Stats. § 340A.414, JO 6. No establishment licensed under Minn. Stars. § 340A.414 may permit a person to consume or display intoxicating liquor and no person may consume or display intoxicating liquor between 1:00 a.m. and 12:00 noon on Sundays; between 1:00 a.m. and 8:00 a.m. on Monday through Saturday; between 1:00 a.m. and 3:00 p.m. on Memorial Day; or between 1:00 a.m. and 8:00 p.m. on any state or city primary, special or general election day held in the city. (Code 1982, § 5-150) State law reference—Similar provisions, Minn. Stats. § 340A.-,54a 11, subds . 5 and 6. A bottle club or business holding a permit issued under Minn. Stars. § 340.414 is open for inspection by the commissioner of public safety and the commissioner's representative and by peace officers, who may enter and inspect during reasonable hours. Refusal to permit the commissioner, the commissioner's, representative or a peace officer to enter and inspect the premises is a violation. (Code 1982, § 5-151) State law reference—Similar provisions, Minn. Stars §§ 340A.414 xIxil S L J - -S-ulbu. 7,340A.907. mm�� No approval by the city council of a permit required by Minn. Stats. § 340A.414 may be given to any bottle club when a member of the board, management, executive committee, or other similar body chosen by its members or when the business establishment or the owner thereof holds a federal retail liquor dealer's special tax stamp for the sale of State law reference—Similar provisions, Minn. Stats. § 340A.414. ?i This division has no application to a person or a premises licensed for the sale of intoxicating liquor under the state Intoxicating Liquor Act and division 2 of this article, but any such person or premises, being a business establishment, is eligible for a permit authorized by Minn. Stats. § 340A.414. (Code 1982, § 5-153) State law reference—Similar provisions, Minn. Stats. § 340A.414. A violation of this division is a misdemeanor, and any violation of section 6-282 is grounds for the revocation of such permit by the state commissioner of public safety. (Code 1982, § 5-154) State law reference—Similar provisions, Minn. Stats. § 340A.701. Sec. 6-291f. Seizure and ;isnosgl of intoxiLUjULJj,=r sold. sc-crei4 gor disolave4 in violation foifAivision. Intoxicating liquors sold, served or displayed in the presence of anyone authorized to inspect the premises, as provided in this division, in violation of this division are subject to seizure for purposes of evidence and, contingent on determination by a court, shall be disposed of as provided in Minn. Stats. § 340A.904. (Code 1982, § 5-155) State law reference—Similar provisions, Minn. Stars. § 340A.904, -u- I-J. 1. —'A ...................... Agenda Item L1 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D East Improvements, City Project 02 -07, Resolution Requesting MnDOT to Conduct Speed Study for the Purpose of Increasing the Posted Speed Limit DATE: September 28, 2006 INTRODUCTION The newly opened roadway of County Road D between TH 61 and Hazelwood Street is posted at a 35 MPH speed limit. A speed study has been conducted recommending that a more appropriate speed may be 40 MPH. A resolution requesting that MnDOT study this section with the purpose of increasing the limit is recommended. Background The new section of County Road D between TH 61 and Hazelwood was posted at 35 MPH as part of the overall project design for the area. This is not consistent with the posting of County Road D between Southlawn and White Bear Avenue which is posted at 40 MPH. The Police Department has noted numerous violations of the speed within the segment from Hazelwood to TH 61. The consultant who designed the roadway has conducted a speed study after the opening of the roadway and is recommending that the posted speed be considered at 40 MPH. All speed limits in Minnesota are set by the Commissioner of Transportation at MnDOT after a comprehensive speed study. This requirement is part of State Statute. Attached is a copy of the preliminary study conducted by the engineers at URS, Inc. The traffic engineer will be present to review the findings. If the Council agrees with the traffic engineer's recommendation, a resolution is required from the Council to be directed to the Commissioner that requests a speed study. A suggested resolution is attached. It should be noted that the MnDOT findings may not be similar to the consultants study and MnDOT may recommend that the speed limit be posted higher, lower or remain the same as currently posted. City input into this decision is typically not considered by MnDOT. RECOMMENDATION It is recommended that council adopt the attached resolution requesting MnDOT to conduct a speed study for the purpose of increasing the speed limit on County Road D between Southlawn and TH 61. Attachment: 1. URS Speed Study 2. Resolution - fji � Th ird Str;�et S"jath %Iifm�apo6 MN 4 ;41 4 P f - 04J - 1 W Fax: To: Chuck Nhl, PE. City of Nlaplewcod From: John Crawlbrd. PE. PTOE' Date: Scpternber 8. 2006 Subject: County Road D Speed Study City Project 02-07 OMMKIMEM A speed study was conducted on County Road D Moven TH 61 and White Bear A% enue during the o Speed and Volume data Naas collected at tour locations for �Ncsrbound traffic and two locations for castbound traffic (see Fizure I E. Sensors were placed in the left lane at each location for a 24-111L)Ur period between klonday at 5 �00 prn and Friday at 121 prn. I - Sep era] unique characteristics are important to note h)r the data collcction locations. These characteristic are di.I.CL[ssed below A - Thi location i� a four lane d i %rded It ieho ay. �� it It IT o c it rb cuts in c to se proximity . T tic grad e Is IQ� e I Lind the to ad way i s stra ight, Z� - I B This location is a tour la tic d i% ided hi c. hoc a on I, tic o u t side o f a hori Z 0 Tit a I C Urve immediately prior to the start a significant uphill grade. There is a right to lane for iicle snee ds were sorted into 15 bins, as folk CZ/ CL 1 4 , 1 1 Z C7 From the binned speed data, percentile speeds fiir cacti ofthe data collection sites, wcre determined (Ifthe speeds (if all motorist, are ranked from slowest to fastest. the "8501 percentile speed" separates the slov6 er 8 5" o ftorn the fastest 15" (,). The 85"' percentile speeds ftir cacti data collcction locations are shown in Table 1. Table 1. 85"' Percentile Sneels Our opinion is that the speeds observcd on the o lialt'ot'the road%vay sCeFnCrt COUld warrani, raising the speed firnit to 40 nigh, This NVOUld pro ide a consistent specd limit over this sctintcnt� and would more closet} match cull obsci:A�ed speeds in that area, BecaL]-SC the roadwa,� is dig ided and has zood access spac'1114t. an increLisc in the speed limit would be more appropriate than the existing speed llmit� Graphs showiniz the number of % chicics counted in each speed bin for cacti data collection locations are attached .it the end ofihis mcniorandurn. I fyo Li have an%• questions about t his in [brmation. please 1tcl fi to contact Karl Kee I at 6 12 -3 , ' 6S' _1 or John Crao tbrd at 6 1 - I �3 -687 1, .............. . . . Our opinion is that the speeds observcd on the o lialt'ot'the road%vay sCeFnCrt COUld warrani, raising the speed firnit to 40 nigh, This NVOUld pro ide a consistent specd limit over this sctintcnt� and would more closet} match cull obsci:A�ed speeds in that area, BecaL]-SC the roadwa,� is dig ided and has zood access spac'1114t. an increLisc in the speed limit would be more appropriate than the existing speed llmit� Graphs showiniz the number of % chicics counted in each speed bin for cacti data collection locations are attached .it the end ofihis mcniorandurn. I fyo Li have an%• questions about t his in [brmation. please 1tcl fi to contact Karl Kee I at 6 12 -3 , ' 6S' _1 or John Crao tbrd at 6 1 - I �3 -687 1, H RESOLUTION REQUESTING MnDOT TO CONDUCT A SPEED STUDY FOR THE PURPOSE OF INCREASING THE POSTED SPEED LIMIT WHEREAS, the City has previously made improvements to construct a new roadway within the city limits, called County Road D East Improvements (TH 61 to Southlawn), City Project 02 -07, and WHEREAS, the Maplewood Police Department has reported concern with inconsistent vehicle speeds within the corridor between Hazelwood and TH 61, and WHEREAS, URS, Inc. has conducted a speed study and recommends that a more appropriate and consistent speed limit approach exists within this corridor, and WHEREAS, State Statute requires the Commissioner of Transportation at MnDOT to establish all speed limits following a detailed traffic study. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the City hereby requests that MnDOT conduct a speed study of County Road D between Southlawn Avenue and TH 61 for the purpose of considering an appropriate and uniform speed limit for said corridor. Adopted this 9 day of October, 2006. Agenda Item L2 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Chuck Ahl, Public Works Director /City Engineer SUBJECT: County Road D Realignment (West) Improvements (TH 61 to Walter Street), City Project 02 -08: Resolution for Modification of the Existing Construction Contract, Change Order Nos. 21 -25 (T.A. Schifsky Contract) DATE: September 28, 2006 INTRODUCTION Field changes to implement the construction of the County Road D West Improvement project have been made. Contract changes are needed to compensate the contractor and negotiations have provided for five change order modifications. The city council will need to approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 21 -25 (T.A. Schifsky contract). Background In September 2004, the City Council approved the award of a construction contract for this project to Palda & Sons, Inc. The project included construction of utilities and roadway for the entire County Road D West improvement. Unfortunately, the County Road D West project did not begin as anticipated due to problems coordinating the various area improvements. Palda & Sons, Inc. requested an increase in the bid in excess of $300,000 to have the delays extended into 2005. Negotiations with the contractor resulted in the elimination of the street construction portion of the contract. The eliminated roadway construction was then rebid in the spring of 2005 and a construction contract for the roadway was awarded to T. A. Schifsky & Sons in the amount of $668,162.93, resulting in a $40,000 cost savings to the city. During construction there are often many unforeseen changes and conditions that require changes to the original plan. A brief summary of each change order is provided below. Change Order No. 21 - $16,445.62. Pond excavation was required to upgrade a ponding area that was discovered to be operating ineffectively. The excavation work provides water quality treatment for area storm water prior to entering Kohlman Lake. Funding is from the EUF Fund. Change Order No. 22 - $9,532.38. As part of the County Road D construction, traffic was detoured to Walter Street and Beam Avenue. Special signage was provided to minimize local impacts. Costs are covered by the City's MSAS Account. Change Order No. 23 - $14,949.00. As part of the County Road D construction, a retaining wall was needed to meet overall grade differences. Costs are covered by the City's MSAS Account. Change Order No. 24 - $1,555.40. As part of the County Road D construction, an adjustment was needed due to coordination with the TH 61 project grades which were altered during construction due to grade issues. Costs are covered by the City's EUF Fund. Change Order No. 25 - $5,099.10. As part of the County Road D construction, poor soils were discovered in the boulevard during coordination work with Xcel Energy. Correction of the soils was required prior to final restoration. Costs are covered by the City's debt service Account. Agenda Item L2 Budget Impact Approval of this resolution will increase the construction contract by $47,581.50 from $926,840.75 to $974,422.25. Change Orders 21 through 25 will require approval of a revised project budget. Attached is a revised financing plan that increases the MSAS contribution, adds a contribution from the EUF Fund, along with increasing the amount of funds from the 2006 debt service contribution. The debt service contribution is proposed to be increased by $5,000 to cover the miscellaneous costs associated with this improvement. If the $5,000 amount were included as a direct levy, it is likely that an annual cost contribution of approximately $700 would be added to the 2008 budget. The final project budget is increased from $3,632,500 to $3,680,500. Approved Financing Sources Mn /Dot Troutland Ramsey County Vadnais Heights SPRWS Developer Enviro Utility Fund 2006 Bonding Special Assessments Bond Sales $ 485, 303.06 $ 10,000.00 $ 690,582.00 $ 304,908.00 $ 33, 378.00 $ 45,000.00 $ 468,544.00 $ 1,077,964.00 $ 516,820.94 1r•1r1a $ 3,632,500.00 RECOMMENDATION Proposed Financing Sources Mn /Dot Troutland Ramsey County Vadnais Heights SPRWS Developer Enviro Utility Fund 2006 Bonding Special Assessments Bond Sales $ 510,303.06 $ 10,000.00 $ 690,582.00 $ 304,908.00 $ 33,378.00 $ 45,000.00 $ 18,000.00 $ 468,544.00 $ 1,077,964.00 $ 521,820.94 Ir•1r_a $ 3,680,500.00 It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 21 through 25 (T.A. Schifsky Contract), for the County Road D West Improvements (TH 61 to Walter Street), City Project 02 -08 and to authorize the Finance Director to implement the budget changes as noted. Attachments: 1. Resolution 2. Change Order Nos. 21 -25 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -08, CHANGE ORDER Nos. 21 -25 (T.A. Schifsky Contract) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -08, County Road D Realignment (West) Improvements (TH 61 to Walter Street), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Engineer has reported that it is now necessary and expedient that said contract be modified and designated as Improvement Project 02 -08, Change Order Nos. 21 -25, (T.A. Schifsky Contract), as an increase to said contract by an amount of $47,581.50, such that the new contract amount is now and hereby established as $974,422.25. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city manager are hereby authorized to sign on behalf of the City of Maplewood to signify and show that the existing contract is hereby modified through said Change Orders No. 21 -25 as a contract increase in the amount of $47,581.50. The revised contract amount is $974,422.25 and, The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $3,680,500.00 shall be established. The proposed financing plan is as follows- Mn/Dot $ 510,303.86 Troutland $ 10,000.00 Ramsey County $ 690,582.00 Vadnais Heights $ 304,908.00 SPRWS $ 33,378.00 Developer $ 45,000.00 Enviro Utility Fund $ 18,000.00 2006 Bonding $ 468,544.00 Special Assessments $ 1,077,964.00 Bond Sales $ 521,820.14 TOTAL $ 3,680,500.00 URS Cope City copy CHANGE ORDER NO. 21 Contractor Copy DEPARTMENT OF PUBLIC WORKS copy CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -026 / 138- 020 -30 Project No. City Project 02 -08 Date: 6/30/06 Contractor: T.A. Schifsky & Sons, Inc. hi accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Shaw Trucking, Inc. completed work associated with the LaMettry Pond excavation that was not included in the previous change order executed for the pond excavation and grading. The work was performed in accordance with Mn/DOT Specification 1904 Extra and Force Account Work. This change order contains labor and equipment hours for Shaw Trucking that involved the use and operation of a bulldozer, front end loader and street sweeper. Also included are labor hours for a watcher required to direct traffic during trucking operations. The prime contractor is allowed a ten percent mark -up. The value of this change order is $16,445.62. Contract Status Cost Original Contract: $ 668,162.93 Net Change of Prior Approved Change Order No.: 1 - 18 $ 238,062.17 Approved Revised Contract: $ 906,225.10 Net Change of Prior Pending Change Order No. 19 & 20 $ 20,615.65 Change this Change Order: $ 16,445.62 Possible Revised Contract: $ 943,286.37 Approval Mayor Approval Engineer Agreed to by Contr to By Its _ Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O.421, Page 1 of 2 CHANGE ORDER NO. 21 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62 -619 -026 / S.A.P. 138- 020 -30 Project No.: 02 -08 Contractor: T.A. Schifsky & Sons, Inc. Date: 6/30/06 Amount of Change Order No. 21 $ 16,445.62 STATE AID PARTICIPATION SUMMARY Pond Excavation (EV) for this project is eligible to participate in state aid funding as follows: Category S.A.P. Differentiation County Road D Storm Sewer 75% S.A.P. 62- 619 -026 25% S.A.P 138- 020 -30 Fraction Amount 1.00 $ 16,445.62 Amount of Change Order No. 21 Eligible for State Aid Participating Funds $ 16,445.62 C.O. #21, Page 2 of 2 z O Q aZ U) O U F- Q LL W O U H O� ' o w LL 0 J 1Q- D O LL (f) O Z Q LL O W (f) Q F N m U H 3 L N L U Q ~ O O w H d r z O 0 L U 0 m O � o Um i�m O r U o� Q w w Of z Z O z (n U w .� 0 oT cj H a C v E C 0 aU E � "O � L m m 0 �2 �o L N U W Lli U of(K LO O N o� Z E m d m Q Q Q 2 O o _ N � N G O O N m O � m E N N 3 0 z N o m0 p Z LL � ° O O0W Ol ° c Q 0 U(OLL O U C � O � E o (� o m Y a a II N C C O N N U m E c LU m N O I CO C C N E V C L U m C N U In (n N Q [0 N N m E c u E u c `o 0 E :§ v Q L ? 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O C o W .-.- U U s ¢ `o z co CHANGE ORDER NO. 22 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -026 / 138 - 020 -30 Project No. City Project 02 -08 Contractor: T.A. Schifslcy & Sons, Inc. U RS Copy City c op y Contract +•r .: •+ Date: 8/9/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Detour signage was placed on Beam Avenue and Walter Street between May 31, 2006 and June xx, 2006 for the County Road D road closure. The 2006 detour cost is higher than the 2005 detour cost because 1) payment for furnishing, installing and maintaining advance warning signs was no longer included in the lump sum traffic control bid item, and 2) special construction signs had to be remanufactured, then installed and maintained. Traffic control devices are paid at Mn/DOT predetermined daily rates. Each special sign is paid for at a square foot price. This change order represents payment in full for all costs associated with the detour installed in 2006 by United Rentals, Inc. A prime contractor mark -up is included. The value of this change order is $9,532.38. Contract Status Cost Original Contract: $ 668,162.93 Net Change of Prior Approved Change Order No.: 1 - 18 $ 238,062.17 Approved Revised Contract: $ 906,225.10 Net Change of Prior Pending Change Order No. 19, 20 & 21 $ 37,061.27 Change this Change Order: $ 9,532.38 Possible Revised Contract: $ 952,818.75 Approval Mayor Approval Engineer Agreed to by Contra or By r� Its R Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 422, Page 1 of 2 CHANGE ORDER NO. 22 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -026 / S.A.P. 138- 020 -30 Project No.: 02 -08 Date: 8/9/06 Contractor: T.A. Schifsky & Sons, Inc. Amount of Change Order No. 22 STATE AID PARTICIPATION SUMMARY $ 9,532.38 Detour signage for this project is eligible to participate in state aid funding as follows (based on project pro rata): Category S.A.P. Differentiation Fraction Amount County Road D Roadway 100% S.A.P. 62 -619 -026 0.56 $ 5,338.13 County Road D Roadway 25% S.A.P 62- 629 -026 0.11 $ 1,048.56 75% S.A.P.138- 020 -30 County Road D Storm Sewer 75% S.A.P. 62- 619 -026 0.03 $ 285.97 25% S.A.P 138- 020 -30 Amount of Change Order No. 22 Eligible for State Aid Participating Funds $ 6,672.66 C.O. #22, Page 2 of 2 URS Copy CHANGE ORDER NO. 23 City O�pY Contractor Copy DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62 -619 -026 / 138- 020 -30 Project No. City Project 02 -08 Date: 9/18/06 Contractor: T.A. Schifsky & Sons, Inc. In accordance with the tenns of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The City of Maplewood directed the contractor to place a modular block retaining wall west of T.H. 61 along the south boulevard of County Road D. Elevation differences between the roadway and a previously constructed parking lot on the adjacent Venburg Tire property necessitated retaining wall installation. The wall, designed to meet Mn /DOT specifications, was constructed by George's Companies at a square foot price approved by the Mn /DOT Estimating Office. A prime contractor mark -up of ten percent is included in this change order. The value of this change order is $14,949.00. Contract Status Cost Original Contract: $ 668,162.93 Net Change of Prior Approved Change Order No.: 1 - 20 $ 258,677.82 Approved Revised Contract: $ 926,840.75 Net Change of Prior Pending Change Order No. 21 & 22 $ 25,978.00 Change this Change Order: $ 14,949.00 Possible Revised Contract: $ 967,767.75 Approval Mayor Approval Engineer Agreed Contra for By Z °- Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. #23, Page 1 of 1 URS Copy City Copy CHANGE ORDER NO. 24 Contractor Copy DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -026 / 138- 020 -30 Project No. City Project 02 -08 Date: 9/20/06 Contractor: T.A. Schifsky & Sons, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions; Standard Sidewalk, Inc. installed thirty -nine lineal feet of curb and gutter on the south side of County Road D, west of T.H. 61, in November 2005. Curb placement involved the minor reconstruction of one large catch basin / manhole and the complete relocation of a nearby catch basin. This work was necessary because the plan T.H. 61 curbline did not match the inplace County Road D curbline. A prime contractor's ten percent mark -up is included in this change order. The value of this change order is $1,555.40. Contract Status Cost Original Contract: $ 668,162.93 Net Change of Prior Approved Change Order No.: 1 - 20 $ 258,677.82 Approved Revised Contract: $ 926,840.75 Net Change of Prior Pending Change Order No.: 21, 22 & 23 $ 40,927.00 Change this Change Order: $ 1,555.40 Possible Revised Contract: $ 969,323.15 Approval Mayor Approval Engineer Agreed to by Contractor Bye -� Its Title Approval No Funding Requested Assistant State Aid Engineer (For Funding Approval Only) C.O. 424, Page 1 of 1 URS Copy City copy CHANGE ORDER NO. 25 Contractor Copy DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62 -619 -026 / 138 - 020 -30 Project No. City Project 02 -08 Date: 9/21/06 Contractor: T.A. Schifsky & Sons, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The contractor excavated and disposed of unsuitable soils, then graded and compacted suitable inplace mineral soils, all in the west boulevard of County Road D. This work was necessary because XCEL Energy installed buried cables during adverse weather conditions late in the 2005 construction season. The work was performed in accordance with MniDOT Specification (1904) Extra and Force Account Work in accordance with the contract documents. A prime contractor mark -up of ten percent is included in this change order. The value of this change order is $5,099.10. Contract Status Cost Original Contract: $ 668,162.93 Net Change of Prior Approved Change Order No.: 1-20 $ 258,677.82 Approved Revised Contract: $ 926,840.75 Net Change of Prior Pending Change Order No.: 21, 22, 23 & 24 $ 42,482.40 Change this Change Order: $ 5,099.10 Possible Revised Contract: $ 974,422.25 Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) C.O. #25, Page 1 of 1 m i C O 0 C O (6 J a Y w U rn Q O 0 3 O m a CE m _ z W ()U 0 CO `o 0 T ~ Q W ¢ w LLI z S 0 Z Craw Z O Q CC 0 F O Z N D Q O o = Q o F- U. w a O O U ( F H Ir v w O LL m Q Q O O O U LL m U) O ° cn Z } m r Z_ E LL LL > o O U a w LLI 00 w w rl w m O N 0 z (v) O_ a � 0 F O ? 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(q F LL O U@ O p U U a w ti O F w ir O H Y h a n Z 0 Q OU co O W V w O } y a t -f J @ g O Z U Q U Lu F m F 0 Eri Efl Q J a�JQ J e z w (L m Qm °� r m o (D M m m N a w N o o r m M (n r o V o m (D r n OR z N co (o ,- Lo L() co (o r v co 0 of N D 0 m m O N (o u) O (O 0 M u) O V O u) M O of a W Q 0 o u o ( o V LLo � W (O r N N r- o N d (D N r r c\, N o } X d by (fl o3 69 69 b9 Efl 0 co 000u) Lo o o Q r u) c0 N N N D O w a) 0[ 0 a) w m J F (p U J J 'r F (p J 2 H O a) u) W J O O O m O[f Q) J o (n W W C7 Z O N u N N N J u N ¢ N o >> y o ~ M N N m m N > U` ? 7 U (n 0 Q '2 O' m00 O °T �. °) `m0 W J J m m mm W O o U o O o m W a X 0 0 a I- N N N U U ,00 N U o LL- W o J Q m o J 0mm m lo m J m w w-j 0 J z m W J00 O a m ,- 0 ¢ O m 0 w ¢ 0w (nt- z 0 Qm ca J O � J (n a. (n LL `m O U `o U C ro P C ro o m U a n N N N L Q d m G 0 N a U N N C ) N w r L O C C O O E V a = E m c � 0 m C a) (4 U u) a) a N a N � E C EL a L O] G } j .0 O o .� U U _ N O N a `o Z (� COUNTY ROAD REAUGNMENT SEGMENT 2 Wff'7"5" n-rAff ?AF,�: P� moo OL iL F, I- MAP= NOR7" SA�kjT PAL; Citpr ofMaplewwd COUNTY ROAD D DEPA Al WEN T OF P M W WOR" REALIGNMENT E ff, 011 W. ZRHO DI MON IMPROVEMENTS 1834 EaHt County Rocd B Moplewood, Minnesota 55109 CP 02-08 (e5l) 770-4550 FAX 1651) 7 PROJECT LOCATION MAP wNwilm.lim Agenda Item L3 IU 1 91U [i7 7�►11i11�1 DATE: 3 October, 2006 TO: Maplewood City Manager (Greg Copeland) FROM: City Attorney (H. Alan Kantrud) RE: Lazryan Request for Council Action/Agenda Itern(s) Our office has reviewed the proposed agenda item from Ms. Lazryan. From the document itself the requestor is seeking: 1. Removal of a lot division on a parcel in Maplewood; 2. A resolution to the self-described, "Applewood Park issue;" 3. Dismissal of the criminal matter(s) pending in Ramsey County Court; 4. Joinder of the City in a potential lawsuit versus Kelly and Fawcett. The proper forum for resolving the issues surrounding the Woodhill L.L.C. purchase is not in front of the City Council. The requestor has indicated that the matter is already before the Supreme Court and consequently it would be inappropriate for the City to take any action, even if it were in a position to do so. This property was sold out of an estate to a private developer and the City was not involved in that transaction. In the case of the, "Applewood Park issue," that issue is currently being addressed through the title insurer that is contractually obligated to the City to defend title and thus it would inappropriate for the City to take-up that issue. With respect to the Criminal matter pending in Ramsey County Court, the City Council is not in a position to "dismiss" criminal cases. The choice to proceed or not lies with the prosecutor in the matter and not the elected officials for the City. The conduct is the basis for the allegation that state law was violated and as such the criminal justice system should be allowed to process the matter. Finally the requestor asks or suggests that the City should join in a lawsuit against its previous legal counsel for a number of vague reasons. Since the City is not in a position to seek damages for any conduct that has been proven, a lawsuit at this time would be premature at best and ill- advised at least. All the aforementioned are also followed by the threat of the requestor commencing a "federal court action against the City of Maplewood." It is unclear what that means but it would be the advise of this office to not negotiate with the requestor when resolution is being sought under duress. To: Maplewood City Council Fr: Nancy Lazaryan and William Kayser, in propria persona in summo jure (In our proper persons as sovereign Citizens presenting the strictest law.) Date: October 2, 2006 As Citizens, we first notice the Maplewood City Council of the Minnesota and Federal Constitutions. See a portion thereof as follows: CONSTITUTION OF THE STATE OF MINNESOTA Adopted October 13, 1857 * Generally revised November 5, 1974 Further amended November 1974, 1980, 1982, 1984, 1988, 1990, 1996 and 1998. 9NAUTW= We, the people of the state of Minnesota, grateful to God for our civil and religious liberty, and desiring to perpetuate its blessings and secure the same to ourselves and our posterity, do ordain and establish this Constitution ARTICLE I BILL OF RIGHTS Section I . OBJECT OF GOVERNMENT. Government is instituted for the security, benefit and protection of the people, in whom all political power is inherent, together Aith the right to alter, modify or reform government whenever required by the public good. Sec. 2. RIGHTS AND PRIVILEGES. No member of this state shall be disfranchised or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers. There shall be neither slavery nor involuntary servitude in the state otherwise than as punishment for a crime of which the party has been convicted. Sec. 3. LIBERTY OF THE PRESS. The liberty of the press shall forever remain inviolate, and all persons may freely speak, write and publish their sentiments on all subjects, being responsible for the abuse of such right. See. 4. TRIAL BY JURY. The right of trial by jury shall remain inviolate, and shall extend to all cases at law without regard to the amount in controversy. A jury trial may be waived by the parties in all cases in the manner prescribed by law. The legislature may provide that the agreement of five-sixths of a jury in a civil action or proceeding, after not less than six hours' deliberation, is a sufficient verdict. The legislature may provide for the number of jurors in a civil action or proceeding, provided that a jury have at least six members. [Amended, November 8, 1988] See. 5. NO EXCESSIVE BAIL OR UNUSUAL PUNISHMENTS. Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishments inflicted. Sec. 6. RIGHTS OF ACCUSED IN CREMNAL PROSECUTIONS. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the county or district wherein the crime shall have been committed, which county or district shall have been previously ascertained by law. In all prosecutions of crimes defined by law as felonies, the accused has the right to a jury of 12 members. In all other criminal prosecutions, the legislature may provide for the number of jurors, provided that ajury have at least six members. The accused shall enjoy the right to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor and to have the assistance of counsel in his defense. [Amended, November 8, 1988] Sec. 7. DUE PROCESS; PROSECUTIONS; DOUBLE JEOPARDY; SELF- INCRBUNATION; BAIL; HABEAS CORPUS. No person shall be held to answer for a criminal offense without due process of law, and no person shall be put twice in jeopardy of punishment for the same offense, nor be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property without due process of law. All persons before conviction shall be bailable by sufficient sureties, except for capital offenses when the proof is evident or the presumption great. The privilege of the writ of habeas corpus shall not be suspended unless the public safety requires it in case of rebellion or invasion. Sec. 8. REDRESS OF INJURIES OR WRONGS. Every person is entitled to a certain remedy in the laws for all injuries or wrongs which he may receive to his person, property or character, and to obtain justice freely and without purchase, completely and without denial, promptly and without delay, conformable to the laws. See. 9. TREASON DEFINED. Treason against the state consists only in levying war against the state, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act or on confession in open court Sec. 10. UNREASONABLE SEARCHES AND SEIZURES PROHIBITED. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affmation, and particularly describing the place to be searched and the person or things to be seized. Sec. 11. ATTAINDERS, EX POST FACTO LAWS AND LAWS EVIPAIRING CONTRACTS PROHIBITED. No bill of attainder, ex post facto law, or any law impairing the obligation of contracts shall be passed, and no conviction shall work corruption of blood or forfeiture of estate. K Sec. 12, IMPRISONMENT FOR DEBT; PROPERTY EXEMPTION. No person shall be imprisoned for debt in this state, but this shall not prevent the legislature from providing for imprisonment, or holding to bail, persons charged with fraud in contracting said debt. A reasonable amount of property shall be exempt from seizure or sale for the payment of any debt or liability. The amount of such exemption shall be determined by law. Provided, however, that all property so exempted shall be liable to seizure and sale for any debts incurred to any person for work done or materials furnished in the construction, repair or improvement of the same, and provided further, that such liability to seizure and sale shall also extend to all real property for any debt to any laborer or servant for labor or service performed. Sec. 13. PRIVATE PROPERTY FOR PUBLIC USE. Private property shall not be taken, destroyed or damaged for public use without just compensation therefor, first paid or secured. See. 14. MILITARY POWER SUBORDINATE. The military shall be subordinate to the civil power and no standing army shall be maintained in this state in times of peace. See. 15. LANDS ALLODL4,L; VOID AGRICULTURAL LEASES. All lands within the state are allodial and feudal tenures of every description with all their incidents are prohibited. Leases and grants of agricultural lands for a longer period than 21 years reserving rent or service of any kind shall be void. Sec. 16. FREEDOM OF CONSCIENCE; NO PREFERENCE TO BE GIVEN TO ANY RELIGIOUS ESTABLISHMENT OR MODE OF WORSHIP. The enumeration of rights in this constitution shall not deny or impair others retained by and inherent in the people. The right of every man to worship God according to the dictates of his own conscience shall never be infringed; nor shall any man be compelled to attend, erect or support any place of worship, or to maintain any religious or ecclesiastical ministry, against his consent; nor shall any control of or interference with the rights of conscience be permitted, or any preference be given by law to any religious establishment or mode of worship; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness or justify practices inconsistent with the peace or safety of the state, nor shall any money be drawn from the treasury for the benefit of any religious societies or religious or theological seminaries. See. 17. RELIGIOUS TESTS AND PROPERTY QUALIFICATIONS PROHIBITED. No religious test or amount of property shall be required as a qualification for any office of public trust in the state. No religious test or amount of property shall be required as a qualification of any voter at any election in this state; nor shall any person be rendered incompetent to give evidence in any court of law or equity in consequence of his opinion upon the subject of religion. M ISSUES NEEDING TO BE RESOLVED CONCERNING THE PROPERTY KNOWN AS 2516 LINWOOD, MAPLEWOOD, MN 1. The Maplewood City Council granted a lot division and ordered removal of the house at 2516 Linwood based upon: a. A purchase agreement presented by Woodhill. b. Advise from Kelly and Fawcett that the claims of ownership being made by Evelyn Wallace had been fully adjudicated in the district court, and that the district court ruled that Wallace had no interest in the property. 2. The arrests of Nancy Lazaryan and Jonathan Kayser, which were based upon: a. The posting of "No Trespassing" signs on the property known as Applewood Park. What we are seeking from the Maplewood City Council 1 Removal of the lot division of 2516 Linwood. Z A fair and equitable resolution to the Applewood Park issue. 3. Dismissal of the disorderly conduct charges against Nancy Lazaryan and Jonathan Kayser. 4. Maplewood to join with our family in a lawsuit against Kelly and Fawcett. 0 Why the lot division on 2516 Linwood should be removed: Woodhill acquired the lot division from Maplewood based upon a purchase agreement that the district court ruled was void and invalid. (See attached Exhibit "A") Woodhill proceeded, with the knowledge of the court order, and did not inform Maplewood that the court had found the purchase agreement was void. This is fraud. When Woodhill and Ronald Riach began destroying the house at 2516 Linwood, Evelyn Wallace commenced a quiet title action in the district court. The district court ruled that Wallace's property interests were decided in the Ramsey County probate court's restraining order. There was an appeal made, and the appellate court agreed that the property interests were decided in the probate court's restraining order. THIS MATTER IS CURRENTLY BEFORE THE SUPREME COURT in a Petition for Review. On October 17, 2005 Kelly and Fawcett advised Maplewood that the DISTRICT court had determined that Wallace was not the owner of the property. (See attached Exhibit "B".) Kelly and Fawcett told the City that the title insurance company determined that Woodhill/Benchmark were the owners. Kelly and Fawcett advised the City to proceed with the Woodhill/Benchmark project. Kelly and Fawcett advised the City that Woodhill/Bench mark had signed an agreement that the Developer would hold the City harmless against any claims. This agreement was missing from the files sent to Mr. Kantrud's office from Kelly and Fawcett. The FACTS a. Wallace was not a party to the probate action. b. Wallace was never served a summons and complaint. C. Wallace filed an affidavit of survivorship and death certificate with the Ramsey County Recorder. d. Kelly and Fawcett did not tell the City that the developers title insurance company would NOT defend a claim made by Evelyn Wallace. (The title insurance policy lists the Affidavit of Survivorship as an EXCEPTION to the policy. See attached Exhibit "C".) e. Wallace did sign a quit-claim deed on the property in 1978. Said deed was not recorded until 1999. (21 years later.) f. James Kayser and Evelyn Kayser (Wallace) spent three years working on writing their own divorce. They owned numerous properties. g. In their 1978 divorce decree, right title and interest in OTHER properties were awarded to each of them. But, 2516 Linwood was merely "awarded" to James Kayser. h. The quit-claim deed was signed BEFORE the amended divorce decree was issued. The amendments to the divorce decree were specifically concerning 2516 Linwood. i. In 2001, in sworn court testimony, James Kayser testified that the property, "is, was and still is held with his first wife." James Kayser's first wife is Evelyn Wallace. j. In that same court case in 2001, James Kayser submitted into evidence an abstract of title that showed 2516 Linwood in joint tenancy with right of survivorship with his first wife, Evelyn Kayser (Wallace). X k. The 2001 sworn court testimony of James Kayser has been recorded at the Ramsey County Recorder's office. As well, the affidavit of James Kayser's second wife has been recorded, in which she states her knowledge of the joint tenancy between James Kayser and Evelyn Wallace. The LAW: a. Right, title and interest in property CANNOT be determined in a hearing for injunctive relief. (A restraining order is injunctive relief.) This is our LAW. b. According to Minnesota statutes, before a person's interest in property can be determined, the person MAST be served a summons and complaint. Wallace was never served a summons and complaint. C. The probate division is DIFFERENT from the district court. The probate court is extremely restricted, by the statutes as to what it can and cannot do. Wallace was not a party in the probate action. The probate court had no authority of law to determine Wallace's claims. d. By LAW, Wallace's children cannot represent her property INTERESTS. And, the appellate court now has two opposing rulings... First, the appellate court ruled that Wallace's children could NOT represent her property interests, and then the appellate court made another ruling that Wallace's children DID represent her property interests. e. According to the law, a piece of paper does not convey right, title and interest. It is the INTENT of the grantor (and grantee) that controls whether the transfer of property occurred. f. We have stacks of personal and legal papers from James Kayser, which show AFTER the divorce and the quit -claim deed, James Kayser and Evelyn Kayser (Wallace) as the joint owners of 2516 Linwood. These papers prove the INTENT of the parties to KEEP the joint tenancy. IN g, There are MANY court cases, in which a person did not record a deed until 5 (or 3 or 7) years later. The courts decided that these deeds were INVALID because the deeds were not immediately recorded. The quit-claim deed Wallace signed was not recorded for 21 years! h. There are court cases that say when a divorce decree does not award "right, title and interest" there has been no transfer of property interest. This is especially true when the divorce decree has awarded "right, title and interest" in other properties the parties own. This is exactly what happened with Evelyn Kayser (Wallace) and James Kayser. James and Evelyn wrote the language of their divorce decree. The language is clear. i. According to the law in 1978, a divorce decree issued by the court, could NOT be used to transfer title to property. j. James Kayser, in 2001 during sworn court testimony, made a Declaration Against Interest concerning his ownership of 2516 Linwood. James Kayser also submitted to the court proof of the joint tenancy. Even if the 1978 quit-claim deed (filed in 1999) removed Wallace from ownership... the Declaration Against Interest made by James Kayser puts Wallace "back in title." k. According to law, property cannot be conveyed during a pending divorce. The 1978 quit-claim deed was signed PRIOR to the amended divorce decree. (This is also true about the Applewood Park property, the deeds were signed PRIOR to the amended divorce decree.) There has never been an action to remove the Affidavit of Survivorship from the record. There has never been a quiet title action, By law, Wallace is still on the record as the owner of 2516 Linwood. There is substantial EVIDENCE that Evelyn Wallace is the owner of 2516 Linwood. If need be, Wallace will commence an action in FEDERAL court to establish her ownership... and seek damages against those involved with damaging her property. The problems with Applewood Park The Applewood property was originally part of 2516 Linwood. In 1978 Evelyn and ,James Kayser gave their children two deeds, which were for approximately 22 acres. Their condition for giving these deeds was that the deeds would not be recorded. At the time, the property was "land- locked" (there was no access). Once the property next to the 22 acres was developed, the property was no longer land locked. It was at this time that Maplewood attempted several times to take the 22 acres. The City wanted the property for a water tower, a fire station and a school. James Kayser fought and won each of these attempted takings. The City NEVER contacted the children, only James Kayser. We have all the documentation of these events. In the 1980's Evelyn Wallace gave one of her sons a large sum of money. In exchange, her son "deeded back" his interest in the 22 acres. This deed WAS recorded. When Maplewood approached the family about purchasing the property, there were three children and Evelyn Wallace involved. Evelyn Wallace allowed the three children to negotiate with the City. There was a Contract for Deed signed between Wallace and her three children. Wallace was to get % of the sale price. The Contract for Deed defined that Wallace would get a minimum of $350,000.00 ('la of $1.4 million). Wallace never received $350,000.00 and the Contract for Deed defaulted. There was the "beginning" of a deed from Wallace to the children attached to the Contract for deed. It was signed, but not dated, and there was no property description attached. This document was in the office of Wallace's former attorney, Larkin and Hoffman. (We have a copy of this original document.) This document, from the files of Larkin and Hoffman, somehow ended up in the hands of Kelly and Fawcett. It was this document that was altered, several times and recorded on June 13, 2005 by Kelly and Fawcett. 9 In the early 1990's, the children attempted several times to record their deeds. Maplewood sent letters to the County Recorder and told the Recorder to NOT record the deeds. (We have copies of these letters.) In the early 1990's, the children approached the City for a preliminary plat approval to develop the 22 acres. The City approved the preliminary plat. The children CLOSED on the sale with the developer in 1994. At this time, James Kayser placed a covenant on the property so that the property could not be developed. The children sued James Kayser ... to remove the covenant AND to quiet title the property. In that court case, the depositions of all the parties show that there was a condition by the parents and accepted by the children, to NOT record the deeds. Kelly and Fawcett were very attentive to what was happening in this family lawsuit. One of the (few) documents contained within the Kelly file (at Kantrud's office) is the court's decision. The court decided (on a motion for partial summary judgment) the covenant was unenforceable. (James and Evelyn were the owners, and only James placed the covenant upon the property.) The next step for the court to take was to "quiet title" the 22-acres. But, before the quiet title was heard, Maplewood jumped in and demanded that the property be sold to them as a park. Maplewood made impossible demands upon the children and the developer for the final plat approval. Maplewood then informed the children that the only way that Maplewood would allow the filing of the deeds was if the children sold the property to Maplewood. (We have the proof of this, the actual letters.) An assessment was put on the property for over $60,000.00 for sewer and water. IIN When the children closed on the sale with the developer, the children were to receive $14 million for the property. Maplewood demanded that the children sell the property to the City for only $575,000.00. The assessments were deducted from the $575,000.00, as well as the attorney fees that were spent removing the covenant and the monies returned to the developer and the commission for the real estate agent (from the sale to the developer). Maplewood continued to negotiate with James Kayser, concerning the 22 acres. Maplewood agreed NOT to develop the 22 acres while James Kayser was alive. (We have the letters.) We also have the letter in which James Kayser says he does not want to give up a 10 -foot strip of property. The 10 -foot strip of property was never deeded over to the City. In the purchase of Applewood in 1995 the Maplewood city council ordered Kelly and Fawcett to purchase TITLE INSURANCE. In November of 2005, William Kayser went to the offices of Chad Lemons to review the file on the Applewood Park purchase. In the file he discovered the 1995 opinion of the title insurance company. This opinion was given to Chad Lemons PRIOR to the 1995 purchase agreement being signed by the City and the children. The title insurance company had ALL of the deeds... recorded and unrecorded, (The title company examined the 1978 deeds to the children.) It was the determination of the title company that James Kayser and Evelyn Wallace were the owners of the property! The title insurance company required that NEW warranty deeds from James Kayser and Evelyn Wallace be executed to the children ... OR THEY WOULD NOT ISSUE THE TITLE INSURANCE. (See attached Exhibit "D") In 2005 Evelyn Wallace conveyed her right title and interest in the 22 acres to Victoria Marchetti. Ms. Marchetti recorded the deed at the Ramsey County Recorder's office in 2005. In June of 2006 Kelly and Fawcett had to "fix the problem " . 11 Somehow, Kelly and Fawcett got their hands on Wallace's Larkin Hoffman file and attempted to turn the document that was attached to the Contract for Deed into an actual deed. We have all the proof that they did this, and have given it to the council and to law enforcement, Kelly and Fawcett needed to show that Wallace had first transferred her interest to the three children, and then the three children sold the property to Maplewood. They needed a deed that was dated prior to Maplewood purchasing the property from the three children. We believe it is Chad Lemon's hand writing in the date on the "deed." The "deed" they recorded was created from a document that was not dated and did not have a property description attached when Wallace signed the document. Kelly and Fawcett knew it was not a "deed ". They sent a package to Pat Tierney (Wallace's current attorney). In the package contained confidential letters between Wallace and Larkin Hoffman. One of those letters has instructions for Wallace to sign documents WITHOUT the property descriptions attached. For a deed to be valid, it must contain a property description AT THE TIME it is signed. belly and Fawcett knew that Wallace had never executed a deed on the property. Also, the "Kelly and Fawcett" deed was never delivered to the grantees (the three children). Supposedly, Kelly and Fawcett were able to get "title insurance" as soon as they recorded the "deed" in June of 2006. We contacted the title insurance company, and the policy was issued in June of 2006, but it was BACKDATED to 1995. We sent the attorney for the title insurance company all the evidence proving the "deed" recorded in June of 2006 was forged. W The LAW: a. If you are given a deed, but the grantor on the deed requires that you NOT record the deed, the deed conveys NOTHING. This has been well settled in the courts. b. The deeds to the children (in 1978) did not contain a complete notary's acknowledgment. By law, these were void deeds. Later, in 1995, the notary's acknowledgment was completed by, we believe, Chad Lemons. This action of completing the notary's acknowledgment, according to law, does NOT make the void deeds valid. C. Even if the deeds to the children were valid, only three "owners" sold to Maplewood. Evelyn Wallace did not sign the purchase agreement or deed to the City. d. A forged deed conveys NOTHING. e. A deed that is never delivered to the grantees (the three children) is a void deed. The "Kelly and Fawcett" deed was never delivered to the grantees. f. A deed that was not dated when it was signed is a void deed. 9- A deed that does not have a property description attached to it at the time it was signed is a void deed. h. Wallace conveyed all of her interest in the 22 acres to Victoria Marchetti in 2005 and the deed was immediately recorded. The "forged" deed by Kelly and Fawcett was recorded in 2006 AFTER the deed to Victoria Marchetti was recorded. i. According to law, the "Kelly and Fawcett" deed has no affect on Victoria Marchetti's ownership. This is known as the, "race to the courthouse" statute ... whoever gets there first owns the property. 13 j. As such, all of Kelly and Fawcett's efforts in forging the deed did NOTHING as to changing the ownership of the property. k, Nancy Lazaryan and Jonathan Kayser were lawfully posting property that belongs to Victoria Marchetti. 1. Maplewood has "dirty hands ". In 1995 their attorney, Kelly and Fawcett, was fully aware that the three children did not own the property. (It wasn't until Nov. of 2005 that the children discovered they did not own the property.) M. If Maplewood tries to sue the three children for the return of the $575,000.00, Maplewood will be barred by the actions of Kelly and Fawcett (done on behalf of Maplewood), as well as the statute of limitations. Since the 1980's Maplewood repeatedly tried to take the 22 acres now known as Applewood Park.. Although the Kelly Fawcett file (now at Kantrud's office) was stripped of important documents, we still have many of these documents. These documents prove that: 1, The purchaser (Maplewood) of the 22 acres fully knew the property was not owned by the children. 2. The purchaser negotiated with James Kayser, one of the true owners, that the 22 acres would not be developed. 3. The purchaser kept secret from the children the fact, the property was not owned by the children. 4. The purchaser did not in 1995 follow the requirements of the title insurance company, and was not issued title insurance at the time the property closed in 1995. Prior to the Applewood Park purchase, Maplewood had put a "strong arm" on our family. The City had sent letters to the County, instructing the County to prevent the children from recording their deeds. The City accepted the preliminary plat approval for the development, then ONE YEAR after the 14 closing with the developer, the City revokes their approval and demanded the property be sold to the City. Maplewood knew one of the TRUE owners of the property (James Kayser) did not want the property developed. Maplewood also knew that the owner was unable to pay the over $60,000.00 in assessments. Maplewood "stole the property fair and square". The City believes they paid $575,000.00 for property worth $1.4 million. In fact, Maplewood got NOTHING. We are awaiting the decision of the Minnesota Supreme Court. If the Supreme Court grants review, and we prevail, Maplewood will be "added back" into the lawsuit... unless we resolve these issues here. If review by the Minnesota Supreme Court is not granted, we are prepared to commence a Federal lawsuit. Unless we resolve this issues here, Maplewood will be included in the Federal Lawsuit. We have two properties that have issues that need to be resolved. 1. The 12-acre parcel 2. The 22-acre parcel There are "Damages" that need to be addressed: Damages to the family. The destruction of the house at 2516 Linwood Value $200,000.00 (four-bedroom brick house with two fireplaces) The black dirt (topsoil) removed from 2516 Linwood Value: $50,000.00, $100,000.00? 15 The removal of over 100 very large, hardwood trees from 2516 Linwood (We have before and after photos) Value: $300,000.00, $500,000,00'e The run-off problem at 2516 Linwood because the topsoil was removed and the water is over-filling the pond and destroying the surrounding trees Value: $100,000.00? The removal of the trees at "Applewood Park" Value. $100,000.00? $200,000.00? LVORMINIXI �11 ILIZOI-2101111 False arrest of Nancy Lazaryan and Jonathan Kayser Value: What dollar amount can you put on someone's liberty? $1 million? The unlawful taking of Nancy Lazaryan's car Value: The car is worth $3000.00, punitive damages would be much greater Damages to Maplewood. Maplewood paid $575,000.00 for the 22-acre parcel (worth $1.4 million). (The children did not receive $575,000.00. The assessments, monies to the developer, attorneys and the real estate agent were deducted.) For their "part" in allowing the unlawful taking of the 12-acre parcel, Maplewood had a deal with Woodhill /Benchmark to get 8 of the12 acres. Maplewood has not (to our knowledge) received a deed from Woodhill for the 8 acres. There is approximately $600,000.00 in "improvements" (city road, sewer and water) on the remaining 4 acres (of the 12-acre parcel). Maplewood cannot demand that Wallace pay for these "improvements" because she opposed them. The agreement with Woodhill (to pay) is missing from Kelly Fawcett file. 16 Who will pay for these damages? If the family brings a Federal lawsuit, it will be Maplewood that pays. By law, Maplewood is responsible for the damages. Maplewood is the one that ordered Wallace's house to be torn down, and the trees and hill removed. Even though this was done upon the advise from Kelly and Fawcett, they were employed by Maplewood, and Maplewood is responsible for their actions... including the forging of the deed. Woodhill (Bruce Nedegaard) deceived the city council by presenting a purchase agreement that was not valid. Is it "fair" that the people that orchestrated this fraud upon Maplewood and our family get to walk away? Concerning the 12-acre parcel. The city council can "revoke" the lot division granted to Woodhill/Bench mark. This is totally appropriate, because the lot division was granted based upon a purchase agreement the court has found to be invalid. 2516 Linwood no longer exists. The probate court's restraining order does not contain a legal description of 2516 Linwood. We ask the city council obey the law and resolve to NOT interfere with Evelyn Wallace taking possession of the houses on Dahl Ave. The builders of the two houses were fully informed that Wallace owns the property, prior to the building the houses. There is no court order that restrains Wallace from Dahl Ave. Dahl Avenue sits on Wallace's property. 17 Concerning the 22-acre parcel: I have already discussed with Mr. Kantrud that a claim should be made on the title insurance (for the 22-acre parcel) .. the title insurance that is based upon the forged deed. I believe there is only a slim possibility that Maplewood can collect the $575,000.00 from the title insurance company. As well, I discussed with Mr. Kantrud that we all decide what $575,000.00 would have actually bought in 1995. What property does the City really want? I suggested the pond and the area containing the playground equipment. Yet, there is a problem with the pond. The run-off from the Woodhill project is making the pond overflow and the trees around the pond are "drowning". Together, we need to find a solution to this. We know that "open spaces" are important to the City. "Open spaces" are important to our family. It is also important that we are compensated for the damages done to our property. We will put ONE building at the end of Dahl Ave. (12-acre parcel) This building would be condominiums. We will put ONE other building on the 22-acre parcel. This building would be townhouses for our family. The rest of the property will "revert" into "green acres". It will be "farmed". We will restore the orchard and possibly plant a few crops and add a barn. The City will have "open spaces "... just that these open spaces will be under the ownership of our family. We are willing to make an agreement that what we are proposing will be the only development done to the property. To take a lesson from James Kayser, we can place a covenant on the property, and so the property will always be restricted in its development. This is an equitable solution. in By law, we have the right to simply take over both the 12-acre and 22-acre parcels, and defend our property. Evelyn Wallace is 85 years old. She wants to live in the house that she built, but Maplewood. ordered the house to be destroyed. By law, we could sue Maplewood for all of the damages. We are prepared to sue the City in federal court, we have a strong case. The federal court has decided, many times for the property owners in cases similar to our family's position. But, we understand that Maplewood was "duped" ....and was left "holding the bag". We can resolve these issues now, if Maplewood looks at the facts and decides that the City will act in accordance with our Laws. Concerning Kelly and Fawcett and Woodhill: In 1994 the children brought an action to remove the covenant and for a quiet title. In 1995 Kelly and Fawcett were fully aware that the children did not own the property. They advised the City to force the family to sell the 22 acres before the court determined that the children did not own the property. Kelly and Fawcett, especially Chad Lemons kept secret the true owners of the 22-acre parcel. We believe they did not tell their client, Maplewood. We know they did not they tell the children. Bruce Nedegaard of Woodhill/Benchmark was fully aware Evelyn Wallace is the owner of the 12-acre parcel. Yet, he used a purchase agreement (that the court had ruled was invalid) to convince the city council to grant his development requests. Kelly and Fawcett supposedly know the law, and advised the City that the district court had already decided Wallace was not the owner of the 12-acre parcel. This was FALSE information that they gave the City. By law, the City is responsible for the damages done to Wallace's property. W&I Yet, it is unfair for the City to pay for the deception that was perpetrated upon the City. We are proposing that the family take no action against the Cily. In exchange, the City joins with us in a lawsuit against Kelly and Fawcett and Bruce Nedegaard/Woodhill/Benchmark. We have proof of FIVE deeds that have been altered and or forged by Kelly and Fawcett. We have asked for access to all of the Kelly and Fawcett records, so that we can do research for further evidence. It is paramount that the city council understands the importance of working with the Citizens to find, expose and stop corruption. We can work together, or we can fight each other. This is the decision that is before this Maplewood City Council. Eg•ffir We are asking the Maplewood City Council to: 1. Revoke the lot division granted to Woodhill/Bench mark. 2. Pass a resolution that the Maplewood police will NOT interfere with Wallace taking possession of the homes on Dahl Ave., because those homes are on her property. 3. Dismiss the charges against Nancy Lazaryan and Jonathan Kayser. 4. Pass a resolution that Maplewood will work with our family to determine property that will be deeded over to the City for the $575,000.00 paid in 1995. 5. Pass a resolution that in exchange for the damages caused by Maplewood, the City will allow our family to build one condominium building at the end of Dahl Ave. and one townhouse building on the 22-acre parcel. And, the remainder of the property will revert to Rol "green acres" and be maintained in the family as such, without development. 6. Pass a resolution that Maplewood will join with our family in a lawsuit against Kelly Fawcett and Bruce Nedegaa rd/Wood h i II/Bench mark. In exchange for the so stated above listed actions of the City of Maplewood, we agree to: 1 Work with Maplewood to determine what property, in 1995 was worth $575,000.00. Upon coming to an agreement, the TRUE owners of the property will sign a warranty deed over to Maplewood. 2. Sign an agreement to hold Maplewood harmless for any and all of the damages we have listed. This includes damages to the property and any claims for false arrest, false imprisonment, etc. This is our sole offer before commencing a federal court action against the City of Maplewood. Nancy Lazaryan, in propria persona in summo jure 10734 West Lake Road Rice, MN 56367 Cell phone: 612-703-5533 William Kayser, in propria persona in summo jure 6408 81" Ave. N. Brooklyn Park, MN 55445 Cell phone: 612-600-7782 t4 Exhibit "A" STATE OF M]NnSOTA COUNTY OF R.4AMY DONALD W. LETSCH, of ah, V. RONALD J. RIACH, IN HIS CAPAWY AS SPECIAL ADmiNisTpwoR OF THE ESTATE OF JAMES H. KAYSEP, et al, ' Dmm mom. DISTRICT COURT SECOND JUDICJAL DISTRICT CWM DWWON - No s. J. COURT - FaX NO. C6-03-5752 ORDER 17his matter was heard on 19 March 2004 by the Honorable M. Michael Monahan, District Court Judge, on Defendants' motion pursuant to Minn.R.Civ. P. 12 to dismiss or, alternatively, Minn.R.Civ.P. 56 for summary judgment The parties were given time to maKe additional submissions. The matter was submitted on 5 April 2004. Because matters outside of the pleadings are consideredi this motion is treated as a motion for summary judgment. Mark W. \tyvyan of Fredrikson & Byron, P.A. appeared for Plaintiffs. Ronald J. Riach appeared pro se and for Defendant Jesusa A. Kayser. Based on the arguments of counsel and the entire record in this matter. IT IS ORDERED that; 1. Defendants' motion for summary judgment is GRANTED. 2. The following memorandum is a part of this order and constitutes the court's findings of fact and conclusions of law to the extent required by Mlnn.R.Civ.P. 52,0'1- 3. The mailing of this order by the court to counsel is notice of its entry for all purposes. EXH APR 19 2004 A-110 Kaysers a significant benefit, Le,, the automatic termination of the Agreement without the necessity of a Minn.Stat. § 559.21 cancellation. As this case and Plaintiffs arguments here show, this is a significant benefit because it would allow the Kaysem to deal with the Property free of the possibility of belated interference by Plaintiffs. Finally, the fact that Plaintiffs took some preliminary steps to meet their ultimate payment obligation under the Agreement does not create an issue of material fact regarding the alleged unilateral waiver of the suitability contingency. Plaintiffs' affidavits do not state that they told the Kaysers directly that the Woodbury house purchase and lease constituted Plaintiffs' waiver of the suitability contingency. Rather, Plaintiffs assert . that their actions made it clear that they "intended to pursue the transaction" or that they would be preceding with the Purchase Agreemenr. At best and as they candidly state, the Woodbury house; purchase nothing more than evidence that, at the moment Plaintiffs were pursuing the transaction, some three months before the Agreement required them to make and express their final decision in writing. It is undisputed that Plaintiffs did not express their final decision as unambiguously required by the Agreement during those three months. Because Plaintiffs had no right under the expressed terms of the Agreement they drafted, or as a matter of law, to unilaterally waive the suitability contingency, Defendants are entitled to summary judgment because the Agreement expired by Its 'own terms and Js not subject to statutory cancellation. M.M.M. I IME AA16 Exhibit " " Letter from Kelly and Fawcett (Dave Ramberg) Advising Chuck Ahl of the City of Maplewood F1 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. 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 I 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 H. Kayser, Decedent, A04 -19 (Minn. Ct. App, June 28 7 2005), review denied (Nfinn. 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, T 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... awarding] the homestead to the Decedent, James H. Kayser..." (Id., �, 35.) The court found "The title insurance commitment issued by Ch I icago Title Insurance Company with an effective date of May 9, 2004 correctly identifies the Decedent as the owner of the real estate... (Id., T 39.) In addition to these findings of fact, the district court made the following conclusion of law. "Evelyn Wallace, William m 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, T 3.) The court granted the permanent injunction noted above, stating: Evely Wallace, William Kayser, and Nancy Lazaryan, their a servan 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. Maninan's Order at 8, T 2(a).) It further ordered the return of all personal property they removed from the property (Id., T 2(b)) and discharged the Notice of Lis PendenS filed June 15, 2004 (Id. at 9, T 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 Appeals upheld the lower court's decisions. See, Estate of: James H. Kajser, 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 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 fall 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.) Notably, Mr. Riach sought and partially received attorneys' fees, sanctions, and the 0 like. The court found as follows: In considering Plaintiffs 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 Plaintiff s 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 Lazaryan hold any interest in the property. 4 It is not this fact that we believe constitutes ineffective service, but rather PlaintifFs failure to properly amend the Complaint. 5 ADDITIONAL ASSURANCES In its Development Agreement for Woodhill Development City Project 05 - 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, T 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, 17). 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, T 18.) Although the foregoing provides the City certain protections and assurances, we do not base our recommendation on them. Rather, we submit ou 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. r1i Exhibit "C" Woodhill's Tide Insurance that DOES NOT cover a claim made by Evelyn Wallace -e WMMLRCIRL PARTNERS TITLE fV ISSUED BY COMWRCIAL PARTNERS TITLE, LLC AS AGENT FOR CHICAGO TITLE INSURANCE COMPANY COMMITMENT Reference Name:Woodhili, LLC SCHEDULE A 1. Commitment Date: January 9.2005 at 07:00 AM 2, Policy (or Policies) to be issued: (a) Owner's Policy ALTA Own. Policy (i o/i 7/92) ' Proposed Insured: Woodhill,LLC (b) Loan Policy ALTA Lean Policy (1011 7192) Proposed Insured: (CY Pr6posedirlsured: 6:123372471 P. 02 File No. 20426 rlrst�upplementaf Amount 1.150,000.00 3. The estate or interest in the land described or referre to in the Commitment Simple, and. title thereto is at the effective date vested and covered herein is a Fee in: James K Kayser 4. The land referred to in' this Commitment Is described as follows: The North One (N. Y Of the West One-half (W. %) of the Northwest one-quarter (N.W. 114.) 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. Govemment surve thereof, and the North Ofte -half (N. YA) Of the West One-half (W. V2). of the West Oft-half (W. V2) of the East One-half (E-Ya)pf Northwest Ono-quarter (N'.W. 114) of the Northeast One-quarter (N.E. 1/4) of'Section - Thirteen (13), Tdwnship Twenty-eight North (T_ 28 N), Range Twenty-two West (R. 22 W), according to the U. S. Govemment Survey thereof. Ramsey County, Minnesota Abstract Property ALTA Co'mmitrnenl Schedule A {107&182} Vaild Only if Schedule B an Cover are Afta6hed (20426.pfd120426156)_ t o - r-c.-c.rwu...x Via -') t..UJ1MtNC1SL PRRTNERS TITLE 6123372471 P.03 ISSUED BY Ct NQv ERR.C.AL PARTNERS MLE, PLC AS AGENT FOR CHICAGO) TITLE INSURANCE COMPANY COMMITMENT NUMBER 20426 First SuppleMental SCHEDULE 'B EXCEPTIONS Upon payment for the full consideration to, or for the account of, the grantors or mortgagors, and recording - of the deeds and/or mortgages, the form and execution of which are satisfactory to the Company, th policy or policies to be issued shall certain exceptions in Schedule B thereof to the following matters (unless the same are disposed - of to the satisfaction of the company ); an owner's policy is to be issued, the mortgage encumbrance transaction. , if any, created as part of the purchase 2: Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing.m the. Public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon - covered by this commitment 3_ Rights or claims of parties In Possession not shown by the public records. 4_ , Encroachments, overlaps, boundary line disputes, and any other matters which wcr by an accurate survey and inspection of the premises. ulcf be disclosed 6. Easements or claims Of easements not shown by the public records. fi. Any lien, or right to-a lien, for services, labor or materiel heretofore or hereafter furnished, imposed by law and not shown by the public records. Taxes or special assessments which are not shown as existing liens by the public records. . General and special taxes.and assessments as hereafter listed, if any (all amounts shown being exclusive of interest, penalties and costs) A. Real estate #axes payable in 2005 ere $9,012.00 and are' unpaid. Property, Identification No. 13-28-22,12-001 Delinquent taxes in the amount of $17.442,06 through May 81,,2005, plu interest and costs after that mate. s additional penalty and Crean acres taxes.. Obtain written Pay - ff #ernent from Courrty,Aur4i #car. S. Levied or pending assessments of record if arty. NOTE: An assessment search has been requested and the results of that search will fallow by supplemental. NOTE: Deferred - Assessments see Item Nos. 14'and 15 below. ALTA Cott inItament - 4 - Srheduleb (1016162) (20426.pfd/20425J56) JUN-22-200S 08'39 COMMERCIRL PARTNERS TITLE 6123372471 1 P.04 * ISSUED BY cbmmERcIAL PARTNERS TITLE, LLC AS AGENT FOR. CHICAGO TITLE INSURANCE COMPANY COMMITMENT NUMBER 20426 SCHEDULE B ■ EXC#PTIONs (Continued) g Rights or claims Of tenants, as tenants only, In possession und unrecorded leases. This exception has been deleted and will not appear on the final however, the text remains in - parentheses for your convenience_ Obtain and record appropriate divorce documentation regarding the foliowing4vorces. (James H; Kayser and Margaret J. Lambie, recorded as Document -No. 3765669) formerly known as Margaret J. Kayser as evidenced by Quit Claim peed - Document Nos. 2650588,' 3146346 and 3146346; and (James Harry Kayser and Olivia Alter Kayser, recorded as Document Nos. 3765570 and'3765571) as evidenced by Notice of Lis Pendens Document No. 3327162. Please provide to Commercial Partners Title, LLC, copies of said documentation prior to closing for review possible further raqulremenft,: Notice of Lis Pendens, Olivia Alter Kayser, Plaintiff, vs. James Henry Kayser, Defendant, dated June 9, 2000, filed June 9, 2000, as Docu ment No. =7152. Subject to property was awarded to James Henry Kayser by Order dated July 27, 2001, filed June 23, 2004,as Document No, 3765576, as amended byAmanded Order dated December 5, 2001, filed Jijhe 23, -2004 as Document No. 3765571 Obtain and . re' cord discharge- of Notice of Lis Pendens. 12, This exception has been deleted and will not appear on the ffn&j policy. however, the fex't remains In parentheses for your convenience, Terms and conditions of Declaration of Covenant Against Development of Property, dated January 14, 11994, filed January 19, 1994. as Document No. 2776690, 13. Easement for pipe tine, in favor of Great Lakes Pipe Una Company, a Delaware corporation, as created in d ocument filed March 31, 1931, in Book 892 of Deeds, p6ge 352. Conveyed to Williams Brothers Pipe Una Company, a Delaware corporation, in Special Warranty Deed dated March 15, 1966, filed April 6, 1966, as Document'No. 1672978 in Book 2018 RCR, Page 575. 14. Notice of Deferred Assessment filed April 18, 1990, as Document No. 2541609. 15. Notice of Deferred Assessment filed May 4, 1994, as Document No. 26038018. 16. J udgment against James H. Kayser,'dated October 17, 1996, docketed - October � 6, 1996, as Case No. 62079601 0591, In the amount of $2;275.5a,. in favor'of FCC National Bank; First Chicago Corp. Inc., Card Services Division. 17. Judgment against James H. Kayser, dated May 30, 2d00, docketed July 10, 2O130, as ca No.. 62F387023789, in the amount of $4,315,00, .in fbvor*of.F eter 1), Mikkalson, ALTA C6mrnftent . Scheduis B (1CV61a2), (29426.pfd/2042M6) COMMERCIRL PRRTNERS TITLE 6123372471 P.05 ISSUED BY COMNMRCIAL PARTNBRS TITLE, LLC ASAGENTFOR CHICAGO TITLE INSURANCE COMPANY COMMITMENT NUMBER 20426 SCHEDULE 8 - EXCEPTIO"NS '(Conflnu6d) 18. Judgment against Jame H. Kayser, dated March 18, 2002, docketed April n, 2002, as Case No. 62FX9900191 1, in the amount of $10,000,00, in f avor of Peter D. Mikkalson. 19, Notice of Us Pendens, to enforce a purchase agreement, dated May 27, 2003, filed May 27, 2003, as Document No. =6376, filed by Donald W, Letsch and Richard W, Ragan. 20. Notic-9 of Us Pendens to Foreclose dated June 15, 2004, filed June '15, 2004, as Document No. 3762694, filed byW!Illam.Ka ys er. (see also Dcmment Nos. 3762693 and 3816783.) 21. - James H. Kayser Is deceased, as shown by Documeht No. 3762693, We will require probate of subject. Property prior to closing and reserve the right to make further requirements based on probate documentaliorl provided to us. 22. Property is subject to a purchase agreement dated August.20. 2002 between James H. Kayser, as Seller, and Donald W. Letsch, as Buyer. Said purchase agreement must be assighed to Woodhill U-C prior to closing. if a purchase agreement also exists between James H. Kayser as Seller, and Richard W. Ta6atz as Buyer, as shown by Document No. 3626376, said purchase agreement must be eMar canceled or assigned to'Woodhill LLC prior to closing. END OF SCHEDULE IS EXCEPTIONS R-AD.DMONAL INFORMATION ,REGARDING THIS FiLrz ALTA C;amrnf"ent ?UN -222005 08:39 COMMERCIRL PARTNERS TITLE 61233?2471 p.06 ISSUED BY COIv£ 1MRCIAL PARTWERS TTILE, LLC AS AGENT FOR CHICAGO TITLE INSURANCE COMPANY - 'COMMITMENT NUMBER 20426 First SUPp . lemental NOTES FOR INFORMATION THE FOLLOWING IS PROVIDED FOR INFORMATIOM PURPOSES AND WILL NOT APPEjAR ON THE FjjjAL POLICY, A. This Cornrrifte Was Prepared by-. Commercial Partners Title, LLC 200 South Sixth Street, suite 1800 Minneapolis, ]VIN 55402 - Phone: (012) 337.,W0 Fax. (612) 337-2471 - 'Pleas direct - questions regarding this commitment to Steve Hunt at (612)337-2489 and direct questions regarding the closing to Sharon Ruanea (612)337-2472. B. Upo' n our receipt and review of standard form of affidavit disclosing no adverse Matters, Item Nos. 3, 6 and 7 of Schedule B will be deleted from the final policy. Item No. 9 will be modified to reflect the interests of speolfic tenants. A, current survey, certified to Commercial Partners, LLC and Chicago Title Insurance Company, will be required to delet' a Item Nos. 4 and 5 of Schedule B from the final pol lry . C- We require a Well Disclosure Certificate be completed and furnished at the time of closing for all deeds that require a Certificate of Real Estate Value, OR The following statement must be added'to the dead: The seller certifies that the seller does not know of any wells on the'cippo4bed real property. D. The Tax.Reform Act- of .1986 requires that the - seller provide the following Information at the A. Tax Identification Number time of closing: 2- Full Forwarding Address. E- The legal descrij%on at Item No. 4 of Schedule Is related to the property address of 2516-Unwood Avenue East, Maplewood, MN F. Commercial Partners True, LI-C does not have the Abstract of Title for the subject prop G. This First SupplemenW has been issued to reflect the following changes: 1. Item No- 2(a) of Schedule A is hereby amended. 2- Item Nas' 8 and 11 - of Schedule 8 have been revised, 3. Item NOS, * 10 and 12 have been delpted. 7 r 4. Item Nos" 19, 20 and 21 have been added. <— 5. Ncite, For Information items E and F have been added. ALTA Cornmihnent Notes-forinformabon (20426,ptd120426.f54 CC PFRTNERS TITL.E 6123372471 R EXHIBIT A LEGAL DESCRIPTION The North One-half (N. Y,) of the West one-half (W. V2) of the Northwest On"uartar (N.W. 114) of the Northeast On"Liarter. (N.E. 114) Of Section Thirteen (13), Township Twenty- eight North (T. 28 N), Range Twenty-t o West. (R. 22 W), according to the U. S. Government SUrVey thereof, and the North One-half (N. Yz) Of, the West One -half K Va) Of the West One-half (W. 14)0 the East,On"alf (E, f) of the Northwest O Wne-quarter (N.. 114) of the Northeast On"u'arter (N-E- 1/4).pf Section Thirteen (13), Township Twenty-eight North (T. 28.N), Range Twenty-two West (R. 22 W), according to th' U. Government ovemment Ramsey County, Minnesota Abstract Property TOTRL P.07 Exhibit "D" Title Insurance Opinion that James Kayser and Evelyn Wallace are the owners of the 2 -acre parcel (not the children) 72;558u �=M � FAX NO. : I-e66-315-iB67 Nov. 17 2005 P1 ill A.1 Fidelity Nationat T'litle Insurance Company of New York FjleNo• CT-15728-95R AMlicmr �MaLPIP�-Ilqod maplewood, Minnesota COMMMA-ENT SCHEDULE A L Bfiecfive dUe: may 8, 1995 at 8:00 A.M. 2, PQ1* or Policies to be issued: Amount — ALTA Resid=iat Ow=ls Policy (6-1-87) $575,000.OU XX ALTA Owmes Polic -.1990 {Rev; 10-17-92) ALTA LeMhold Owner's Policy - 1990 (Re 10- 17-92) city Of Maplewood (b) - ALTA Loan Policy - 1990 (Rov. 10-17-92) 0 ALTA Leasehold Loan Policy -1990 (Rev. 10-17.92) as a 3 The estato or iwzrM in the hmd desm"bad or referred TO in the Commi=m and coved herein is and is at the ed fective dam hmwf vested im 1 -' v elyn C. waIlace, E/k/a Evelyn Catherine Kayser (married to Robert Wallace) James H. Rayner {married to Olivia Altar Kayser) 4 The land referred tointbis CO=Cftmentis desaftd, as follows: — County See attached Exhibit "Av. (Abstract Property) PROPERTY" 2MDRESS; Maplewood, M-i-IMOSQta COUnlerggaed; Capital Title CorporatiotL a . M LMNN i fil • . EXHIBIT "All PAR= 1: The SOuth half Of the West half of the Northwest Quarter of Section 13, Township 28, Range 22, according to the U.S. Government Survey thereof, Ramsey County, Minnesota. I'ARCEI. 2: The South half of the West bal.f of the West half of the East half of the Northwest Qxxarter of the Northeast Quarter of Section 13, Township 28, Range 22, according to the T.S. Government Survey, t"reof, R ms.ey County, PAL 3: All Of the East half Of the NOzt UMSt Quarter of the ITartheast Quarter, except the West half of the West half of they East half of the Northwest Quarter of the Northeast Quarter, and erCept the North 400 feet thereof, all l.yimg and being in Section 13, Township 28, Range 22, according to the United States Gover=ent Survey thereof, Ramsey County, xi=eseta. (Abstract Property) FROM : INTELLIFEED FAX NO. : 1--B66-315 Nov. 17 2005 03:40PM P3 Fidelity National Title Insurance CoMpauy of New York File No.: CT-15728.95R It 0 1 1 VIN t �V �11 is W&O15magal it I. The. ftWowing are the requfivmenis to be coalphed with: 1. Payment to, or for the acco= of, the sellers Or mortgagors of the faU consideration for the estate or inWreatobeinsme& 2. InstanWnts in ftmnhle form wbich mug be execumd, delivered Emd dWy flied fo re= d. a) warranty need from James H. Kayser and Olivia Alter Kayser., husband and wife, and Evelyn C. Wallace, f/34/a svelyn Catharine Kayser and Robert Wallace, husIaand and wife, to Nancy mazchetti, William M. Kayser and Mary Jeanne Kayser. :b) Warranty Deed frOM Nancy Marchetti, William M. Kayser and Mar jeame 2A and their respective spouses, if any, to City of Maplewc>ad. 3. Satisfactory e7idence should be had that inprovements andfor repairs or alterations thereto are completed,- that contractor, Sub-contractQrs, labor and materialmen are all paid,- and have released of record all lions or notice of intent to perfect a lien for labor or material. 4. Real estate taxes duo and Payable in- the year 1995 in the amount of $2,426.43 of which the first half has been paid, Note: The 1�aso Tax is $2,398.04, ana is mcm Note: The Property Tax zdentificati= No. is 13 5. We will re<xuire a Quit Claim Deed from stepher, Kayser, and spouse, if any, to Evelyn Catharine Xaygvt=. 6. subject to the terms and conditions of that Contract for Deed by and between Evelyn C. Wallace, as contract Seller, to mancy Marchetti, William M. Kayser and mary Jeanne Kayser, as Contract Purchasers. 7. Rights of James H. Kayser as Gr.Olntee in that certain un recorded Quit claim Deed dated June 3, 1.986 whiat cznveys the West 10 feet of the premises to be insured hereby. T this regard we will require that any deed conveying title from James R. Kayser and spouse, be dated Bubseclueat to June 3. 1986 or in. the alternative, that aames H- Kayser and spouse, execute a Quit Claim Deed Veyinq said West 10 feet. S. Unpaid levied assessment with au outstanding balance due of $19,SS0.00. 9. unpaid pending assessment for Storm sewer with an estimated cost of $525.00 per unit. It in assumed that the subject premises will, be as sessed f 80 units. 10. Notice of Defe:rred Assessment dated February 22, 1990, filed for record April CONTINUED A=ACMQdTWkkMJ9ff- BC =M FROM : INTELLIFEED FAX NO. : Nov. 17 2005 03-'40Ptl P4 Schedule B - Sec0on „� - 1--e No.; CT 18, 1990, as Document No, 2541609, in the original Principal amount of $35,500.00 together with interest at the rate of 9%. 11, Notice Of Deferred ASSeSSMent dated May 3, 1994, filed for record may 4, 1994, as DOCI No, 2803808, executed by the COUtty of RaMaSey, in the original principal a=:Y=t of $22,720.00 together with interest at the rate of 9% per annum. 12. There appears of record a Declaration of Covenants, filed for record as � No. 2776690- we have been provided a copy of a o C ourt File No. C4-94-6759, declaring Said Declaration unenf I t hi s regard We will require the Qbtainiftg and recording of a certified copy of said Order. 13. RiC _thte of " Evelyn C. Wallace whO appears as Grantee in that certain Deed filed for record as Document No. 2790488. It this regard we will require the obtaining and recording of a Quit Claim Deed from Evelyn C. Wallace, and spouse, if any, to the City of Maplewood. 1 4. There appears of record a Notice of Lis Pendens in the Matter of Olivia Alt Kayser v. James Henry Kayser, filed April 78, 1954, as DOCUMent No. 2800345. In this regard we will require the obtainizI5 and recording of a Discharge thereof - 15 . There aPPee` Of record ZL Notice of Lis Pendeas in the Matter Of William M, Rayser, et al V- James E. Kayser and Olivia A. Kayser, f iled &Tuna 28, 1994, as DQQume=t No. 2813956, in this r we will require the obtaining and recording of a Discharge thereof. 16. There exists a POtOntial gap between the South half of the west half o f th West half of the East half of the Northwest Quarter of the Northeast Quarter - and the 'Easterly 15 acres of the East half of the Northwest Quarter of the Northeast Quarter of Section 13 TOWAShip 28, Range 22. Ma this regard we will require that a sur"Y be done evidencing that no gap exists. Note- Tf YOU have any questions concerniziq this comjtme pl ease contact Chad Lemmons at 490-5101 (Arden Hills office). Note. To schedule a alosing, Please contact our Arden Hills offi a t 490-5101, or O= Woodbury offi at 735-5015. Note*. DEEDS OR CONTRACTS DATED AFTER OCTOBER 31, 1990 MUST DISCLOSE OZVMTION ABOUT AWY WELL LOCATED ON TIfE SUBJECT PR='1rSBS9 A WILL REQUY-RE EXTHER* (A) STATM4ENT ON DEED OR COWIRACT THAT = SELLER xuowS OF NO WELL ON THE PROPERTY; (B) WELL DISCLOSURE CERTIFICATE MUST BE CoMpLETW MM , I�CCOMPANY ANY SUCH DEED OR COMT�AcT. Note- The policy provided for in this Co=it-ment will no t b i ssued unti the transfer has been filed for record. if transf i no t c by Capital Title, or if transfer deeds are AOt filed for record by Capital Title, the policy will not be issued until Capital Title FROM : INTELLIF FAX NO. : 1-e66 -315-1867 Nov. 17 2005 03:41PM PS 1 — — Schedule B - Section 1._q No. .. CT-15728-9$R has been informed o f such transfer having occurred. FROM INTELLIFEED FRX NO, : 1-866 -315-1867 Nov. 17 2005 e3:41PM P6 Na tional Title 1 Insurance Company of New York SCIMMLE B U (ExcipnONS) File No.: CT-15728-95R Schedule B of the Policy Or P 01 iCiCS to be issued WW 00 DWA OXCOPTiODS to the following matters unless the same are disposed of to the satisfaction o f th C owpaay. 1. Defects, liens, encum a claims or other matters, it any, created, first appeag in the PUb"c recor& 01 a ttaching subsequent to the effective date hereof but prior to the rin date the Proposed Insured acquires for value Of =cord the estate or interest or mortgage thm . this ComMhm=1L oil covexed by 2 - All asst tterrts to s for the year 19 95 and all subsequent years. 3. Any Hen, or tight t a li f Serv labor or materW heretofore or hereafter ftnished, i by law and not sbown by tho prime retards. 4. t wlia a encroachments, easements measurements, V&dat in ar cu Or cOnte panty walls or other correct survey Of XbO PM=ses would show S. Rights or claims cffPatties it Possession not shown by the public: records. 6- RDads, ways, Streams or casements, if arty, not shown by ibe Public records, riparian dgbts and the ddD TO any Med-in lands. 7 . Rasem=t for the co=txuctjon opera an d maintenance or Pipe-line or pipelines running in favor Of %'illiaMs Brothers Pipeline CCmpazw. create b that Right-Of-Way Agreement, filed for record in Book 892 Of Deeds, page 352. 8. Any lien or right to a lien for services, labor Or material heretofore or hereafter fu-=dshed, in-POSed by law and not shown by the public records'. 9. Rights or claims o f parties in possession and easements or claims of easements not shown by the public records, boundary line disputes, ortrerlaps, encroachments, and a ny matter not Of record which Would be disclosed by an accurate survey and iiLspection of the premises. :LG- Assessments and charges, if any, for diseased tree removal and/or utility 130, rvices rendered by local municipality. • A= COSO&N=4T LMS- SCRW=jM MEMORANDUM TO: City Manager FROM: Ken Roberts, Planner SUBJECT. South Maplewood Development Moratorium DATE: October 4, 2006 INTRODUCTION Agenda Item L4 On September 6, 2006, the planning commission adopted a motion asking the city to adopt a moratorium on development for the part of south Maplewood that is east of 1-494. The commission wants staff to identify and investigate properties in south Maplewood that have land use and zoning designations that are inconsistent with each other. The full report about this matter will provide the planning commission and the city council with information about the R -1(R) zoning district, with sewer and development issues in south Maplewood and with land use and zoning maps of the area. COMMISSION ACTION On October 2, 2006, the planning commission recommended that the city council adopt a moratorium on development for the properties south of Carver Avenue that have a F (farm residence) and R -1(R) zoning. The purpose of the moratorium would be to study the consistency of the land use plan designations and the zoning designations of these properties and determine what, if any, changes the city should make to the comprehensive plan or to the zoning code. In response to this request, staff could prepare an updated full report for the city council to review and consider at their October 23, 2006 meeting. I will wait for direction from the council before proceeding with this matter. P:sec24- 281moratorium (short) - 2006 fU 1 91U [i7 7�►11i11�1 DATE: 5 October, 2006 TO: Maplewood City Manager (Greg Copeland) FROM: City Attorney (H. Alan Kantrud) RE: "Moratorium" on Development for discussion by Council At the most-recent Planning Commission meeting a vote was cast to recommend a I year development moratorium on the lands south of Carver Avenue, both East and West of Hwy 494. Presumably with the further request that City staff study the area and make recommendations to the City with respect to how best develop this area and whether amending our Comprehensive Plan and/or Zoning overlay would be appropriate. The City Manager has asked that our office brief the Council on the process for imposing such a moratorium on those areas. The Authority for a Municipality to regulate in this area is derived from State Statute, Chapter 462.353 and further governed by the Municipal Planning Act and the Metropolitan Land Planning Act. Authority to adopt an, "interim," ordinance is outlined as well in § 462.355 as amended. Statute allows the City to adopt an Ordinance prohibiting development, "if a municipality is conducting studies ... for the purpose of considering ... amendment of a comprehensive plan or official controls." Said Ordinance may not exceed one year from its effective date. As with any Ordinance regulating zoning, the procedure calls for ten-day notice and a public hearing regarding the matter pursuant to the general requirements regarding land use planning under § 462.357. Unlike the adoption of an amendment to the Comprehensive Plan, the vote on an interim ordinance would only require a majority rather than the super-majority (2/3 or 4/5) required to amend. Other notice requirements govern, as well, if the Council elects to amend its official controls. Should the Council choose to conduct a study and consequently impose a prohibition on development in the area, Council should direct staff to prepare a resolution to that effect as well as a proposed ordinance similar to the one that recently expired in the Gladstone neighborhood. Agenda Item N1 October 4, 2006 TO: City Council FROM: Greg Copeland City Manager RE: Firms to Coordinate City Manager Hiring Process The following firms have been identified to coordinate the City Manager hiring process. Mark Sathe and Associates Golden Valley, NIN Mark Sathe Personnel Decisions( PDI) Minneapolis, MN Harry Brull Talent Management Consulting, Inc. St. Paul, MN Bill Handschin Chandler Group Spring Park, MN Brad and Cindy Chandler CP Johnson & Company Minneapolis, MN Chris Johnson Recommendation Springsted, Inc St. Paul, MN Kathleen Aho Stone Murphy Minneapolis, MN Al Giesen The Brimeyer Group, Inc. Hopkins, MN Jim Brimeyer Choose three firms to interview. Interviews will be scheduled during an upcoming workshop for each firm to present their qualifications, services and charges.