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HomeMy WebLinkAbout2006 10-23 City Council Packet5:00 p.m. CouncillManager Workshop AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 23, 2006 Council Chambers, City Hall Meeting No. 06 -27 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 commentslquestions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments." D. APPROVAL OF AGENDA E. APPROVAL OF MINUTES 1. Minutes from the October 9, 2006 Council/Manager Workshop 2. Minutes from the October 9, 2006 City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS /PRESENTATIONS 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. Closure of COPS MORE Grant Fund 3. Increase in Records, Elections and License Department Service Charges 4. TH 61 Improvements (Beam to 694), City Project 03 -07, Approve Reimbursement to Guldens for Irrigation System Repair 5. Cottagewood Public Improvement, City Project 06 -10, Resolution for Modification of the Existing Construction Contract, Change Order 1, and Payment of St. Paul Regional Water Services 6. County Road D Improvements (White Bear to McKnight), City Project 01 -15, Acceptance of Project and Approve Final Payment on Construction Contract 7. County Road D West Improvements (TH 61 to Highpoint), City Project 02 -08, Resolution for Modification of Existing Construction Contract (Change Orders 5- revised and 9) County Road D East Improvements (TH 61 to Southlawn), City Project 02 -07, Resolution for Modification of Existing Construction Contract (Change Orders 29 -31) 8. Springside Drive Improvements, City Project 03 -36, Resolution Approving Final Payment and Acceptance of Project 9. Public Works Building Addition, City Project 03 -19, Authorization to Pay for Office Equipment 10. Hazelwood Area Street Improvements, City Project 03 -18: Resolutions for Acceptance and Final Payment of Project 11. Conditional Use Permit Review — Commercial Equipment Parking and Storage (65 Larpenteur Avenue) 12. 2006 Justice Assistance Grant (JAG) 1. CONSENT AGENDA (continued) 13. Authorization to Purchase Cisco Wireless Equipment for Infrastructure 14. Approval to Purchase Digital A/V Mixer for Council Chambers Update 15. Temporary Gambling Resolution — Church of the Presentation of the Blessed Virgin Mary 16. Acceptance of Donations - Police Department 17. Kenwood Area Street Improvements, City Project 05 -16, Approve Driveway Reimbursement J. AWARD OF BIDS Award of Bid for Priory Trail Construction K. UNFINISHED BUSINESS 1. Gladstone Area Redevelopment 2. Electric Franchise Tax Increase Ordinances — Second Reading 3. Audit Contract 4. Jensen Estates Improvements, City Project 05 -15, Approval of Plan for Trail Connection to Currie Street (2320 Hoyt Avenue) 5. Code Revisions Alcoholic Beverages — Second Reading L. NEW BUSINESS 1. TH 5 — 120 MnDOT Property, City Project 03 -20, Task Force Report and Authorization to Proceed with Study of Marshlands Proposal 2. Kenwood Area Street Improvements, City Project 05 -16, Resolution for Modification of Existing Construction Contract (Change Orders 9 -11) 3. Preliminary Plat - Legacy Town houses (County Road D — Kennard Street to Hazelwood) 4. Use Deed Request (Southeast corner of English Street and County Road B) 5. South Maplewood Development Moratorium Ordinance (First Reading) 6. CarMaxx/Mogren Property Improvements, Beam to County Road D, City Project 06 -17 — Approval to Explore Financial Support for Improvements through Tax Abatement M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS 1. City Attorney Report: Follow -up of Matters Presented to City Council by Nancy Lazaryan on October 9, 2006 2. City Attorney Report: Mobile Home Park Closure Requirements Under Minnesota Statutes 3. Addition of Community Solutions Fund to Employee's Annual Giving Options 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 language. Agenda Item E1 MINUTES CITY COUNCIUMANAGER WORKSHOP Monday, October 9, 2006 Council Chambers, City Hall 5:00 p.m. A. CALL TO ORDER A workshop of the City Council was held in the Council Chambers, at City Hall, and was called to order at 5:00 P.M. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Mayor Longrie moved to approve the agenda as submitted. Seconded by Councilmember Cave Ayes -All D. NEW BUSINESS 1. Community Development 2007 Interim Community Development Director /Building Official Fischer presented the 2007 Community Development budget summary, department update and future coals. 2. Historical Preservation Commission Interviews The following applicant was interviewed for the Historical Commission: • Peter Boulay Council's decision will be announced at the following City Council Meeting. E. ADJOURNMENT Mayor Longrie adjourned the workshop at 6:45 p.m. Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, October 9, 2006 Council Chambers, City Hall Meeting No. 06-26 A. CALL TO ORDER A meeting of the City Council was held in the Council Chamb order at 7:00 P.M. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C A ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilme Will Rossbach, Councilmember APPROVAL OF AGENDA 10=97-t Seco APP:N 1. 111110—mm no= City Hall, and was called to ier 25, 2006 Council/Manager Workshop nn moved to approve the minutes from the September 25, ME= October 9, 2006 City Council Meeting 1 F. G. VISITOR PRESENTATIONS 1. Marvin Koppen, 1998 Ripley Avenue, Maplewood, re regarding charitable gambling to allow for "Cadillac C necessity of distance requirements between off - sale 2. Ralph Sletten, 2747 Clarence Street North, asked co line running behind his and adjacent properties. 3. William Keyser, 6408 81S Avenue North, Brooklyn P the Nancy Lazaryan agenda item (L3). 4. Ron Cockriel, 943 Century Avenue, shared his "Mapl analogy of the Monopoly game and the needs of Mar APPOINTMENTS /PRESENTATIONS a change in city ordinance and commented on the ci I to clarified that abandoned sewer o 1. Historical Preservation Commission Mayor Longrie moved to appoint Pete Boulay to the Historical Preservation Commission. Seconded by Councilmember Cave Ayes -All 1�' I. CONSENT AGENC31 Council 'ember Hjelle October 9, 2006 City Council Meeting 2 CoUDci|0e0berHjelle moved to adopt consent agenda item 7. Seconded by Mayor Longrie Ayes-All 1 . Approval of Claims 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 dated 09/25/06 thru 10/03/06 $ 264,249.82 Disbursements via debits to checking account dated 09/25/06 thru 09/28/06 $ 2,291,423.83 Total Accounts PAYROLL $ 47O.7Q@. Checks and Direct Deposits dated Deduction check # 106306 thru # 106307 473,103.64 Total Payroll $ 2,764,527.47 GRAND TOTAL 2. Certificate of Authority for Brokerage Firm Adopted the following resolution approving the certificate of authority for Brokerage Firm: October A.2OD6 City Council Meeting 3 RESOLUTION 06 -10 -126 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. 3. Water Surcharge Ordinance — Second Reading Adopted the following water surcharge ordinance and set the surcharge at $1.00 per month per account: ORDINANCE AMENDING THE MAPLEWOOD CODE RELATING TO WATER UTILITIES 874' THE COUNCIL OF THE CITE' OF MAPLEWOOD DOES HEREBY ORDAIN AS FOLLOWS: Part 1. Section 40, Article I I I is hereby amended, to read as follows: 5. Water Surcharge 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 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. 4. 2006 COPS Technology Grant Accepted technology grant dollars in the amount of $24,681 to expand an automated Ticketwriter systems to be use in several of the police squad cars. October 9, 2006 City Council Meeting 4 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 Adopted 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 City Council Meeting. 6. License Renewal — Cashway Checking — 3035 White Bear'Aven Approved the annual renewal license for Cashway 7. Kline Nissan Irrigation System Reimbursement, City Project 03 -07, T.H. 61 Improvements Approved 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. 8. County Road D East Improvements (TH 61 to Southlawn), City Project 02 -07, Resolution Approving Change to Construction Contract (Change Orders 25 — 28) Adopted the following 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. RESOLUTION 06 -10 -121 IFICATION OF EXISTING CONSTRUCTION CONTRACT T 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: October 9, 2006 City Council Meeting 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 9. Adopted the following resolution approving election judges for th( State General Election: `1 . Ill October 9, 2006 City Council Meeting RESOLUTION ACCEPTING ELECTION JUDGES 06 -10 -122 RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following list c Judges for the 2006 State General Election, to be held on Tuesday, November 7, 2006. Fran Aherns Lorraine Fischer Marilyn Kidman Suzanne Anderson Mary Fischer Harold Kirchoff Elsie Anderson Delores Fitzgerald Rosemary Koch Cynthia Anderson Richard Folden Harry Koval Ronald Anderson Anne Fosburh Mona Lou Krekelberg Vivian Anderson James Franzen Josephine Krominga Ahsan Ansari MaryJo Freer Marvella Lackner Marlis Barrett Patt Fry Rita Lally Joan Bartelt Clarice Gierzek Charlotte Lampe David Bedor Diane Golaski Anita Larson Jaime Belland Betty Granger Lorraine Lauren Jeanne Bortz Guy Grant Barbara Leiter Anna Breidenstein Mary Grant Ann Leo Jeanette Bunde Jamie Gudknecht Pati Leo Lucille Cahanes Jaclyn Gunn Claudette Leonard Jeanette Carle Roy Gunther Rosella Limon Robert Carr Donita'Haack Steve Lincowski Ann Cleland Phyllis Hamill- Little Vi Lincowski Thomas Connelly Gordon Heinenger Delores Lofgren Colleen Connally Barb Hilliard Richard Lofgren John Cupka Constance Hines Darlene Loipersbeck Mae Davidson Gary Hinnenkamp Shari Lowe -Adams Marianne Davidson Mary Holzemer Robert Lundgren Edward Deeg Shirlee Horton Shirley Luttrell Loree Dempsey Jeanette Hulet Paul Maeyaert Helen Dickson Lynn Huntoon Jeri Mahre Kathleen Dittel Mildred Iverson Carol Mahre Diane Droeger Tom Iverson John Manthey Fred DuCharme Carol Jagoe Delores Marsh Audrey Duellman Jeff Janacek Thomas Maskrey Carolyn Eickhoff Gwendolyn Jefferson Gerladine Mechelke Marline Eitland Judith Johannessen Marylou Mechelke Elizabeth Erickson Barbara Johnson Jackie Meyer Ann Fallon Joyce Jurmu Joan Misgen Ill October 9, 2006 City Council Meeting Betty Mossong Elaine Rudeen Howard Muraski MaryAnn Schneider Gerry Muraski Sandy Schoenecker Thomas Myster Harriet Schroepfer Gloria Nelson Louise Schultz James Nieman Ananth Shankar Louise Nieters Teresa Shores Ann Norberg Bob Spangler Lois Olson Louis Spies Andi Oster Tim Stafki Ken Paddock David Stark David Pehl Sandra Stevens James Petrie Ingrid Swanson Mike Pophen Rita Taylor Bill Priefer Lorraine Taylor Karla Radermacher Milo Thompson Carol Roller Pat Thompson Kenneth Rossow Leila Tillman Charles Rowe Franklin Tolbert J. AWARD OF BIDS 1. Cottagewood Public Improvem Construction Contract a. City Engineer Ahl presented the Councilmember Juenemann moved to Cottaaewood Public Imorovements Prc City Project 06 -1 RESOLUTIO AWARD 1 BE IT RESOLVED 1 $147,019,.11 by Northdale .. The finance directo implement the financing p Seconded by Councilmerr K. UNFINISHED E 1. Electric F ect 06- 10 -123 Dale Trippler Celilia Tucker Connie Unger Holly Urbanski William Urbanski Vilhelmine Vanags Beulah VanBlaricom Barabra Vandeveer Mary Vatne Phyllis Volkman Connie Wagner Gene Wandersee Gayle Wasmundt Sueann Whitney John Willy Delores Witshen Karen Zacho' Leroy Zipko ution Approving Award of rITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of .tion is the lowest responsible bid for the construction of —City Project 06 -10, and the mayor and clerk are hereby a contract with said bidder for and on behalf of the city. hereby authorized to make the financial transfers necessary to for the Hjelle Ayes-All se Tax Increase Ordinances — First Reading a. Finance Director Faust presented the report. Councilmember Juenemann moved to adopt the first reading of the Electric Franchise Tax Increase Ordinance. project. October 9, 2006 City Council Meeting 7 Seconded by Mayor Longrie Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Juenemann Abstain - Councilmember Rossbach 2. Code Revisions Alcoholic Beverages — First Reading a. REaL Director Guilfoile presented the report Councilmember Cave moved to adopt the first reading of the Code Revisions for Alcoholic Beverages. Seconded by Councilmember Hjelle Ayes-All L. NEW BUSINESS 1. County Road D East Improvements (TH 61 to Requesting MnDOT to Conduct Speed Study Limit a. City Engineer AN presented the report. b. Karl Keel, URS, Consultant provided furth Councilmember Hjelle moved to adopt the followi RESOLUTION REQUESTING MnDOT TO CC FOR THE PURPOSE OF INCREASI WHEREAS, the City has city limits, called County Road D WHEREAS, the Maplewc speeds within the corridor bete WHEREAS, URS, Inc. he and consistent speed limit appro viously made st Improvem City Project 02 -07, Resolution se of Increasing the Posted Speed from the study. UCT A'SPEED STUDY THE POSTED SPEED LIMIT rovements to construct a new roadway within the ,TH 61 to Southlawn), City Project 02 -07, and Police Department has reported concern with inconsistent vehicle Hazelwood and TH 61, and Inducted a speed study and recommends that a more appropriate i 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. Seconded by Councilmember Rossbach Ayes-All 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) a. City Engineer Ahl presented the report October 9, 2006 City Council Meeting 8 Councilmember Hjelle moved to adopt the following resolution directing the modification of the existing construction contract project 02-08 for County Road D Realignment (West) Improvements: RESOLUTION 06-10-125 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 autl implement the revised financing plan for t established. The proposed financing plan Mn/Dot fol make the financial transfers necessary to A project budget of $3,680,500.00 shall be 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 Seconded by Mayor Longrie Ayes-All 4. South Maplewood Development Moratorium a. Interim City Manager Copeland presented the report. b. Planner Roberts presented further specifics from the report. C. Commissioner Pearson presented the Planning Commission report. Councilmember Hjelle moved to direct staff to proceed with the preparation of an ordinance for a south Maplewood Development Moratorium. Seconded by Councilmember Cave Ayes-All October 9, 2006 City Council Meeting Mayor Longrie removed the motion from the floor to acknowledge visitors present to speak to the item: Nancy Lazaryan, 10734 West Lake Road, Rice Carl Erb, 2354 Heights Avenue East, Maplewood Michael Bailey, Sterling Street, Maplewood Jamie Jensen, Arden Hills resident and Maplewood Developer Carolyn Peterson, 1801 Gervais Avenue, Maplewood Carl Erb, second appearance Mayor Longrie requested that Planner Roberts place the city website and informed the public that copies are also ehensive Plan on the le for viewing at city hall. Mayor Longrie moved to direct the staff to prepare a resolution, as well as draft an ordinance, for a 1 year development moratorium for all properties south of Carver Avenue west and east of IAQA that nm 7nnarl R -1 IM nnri 1F1 Farm fnr thin nitrnnca rif rrnnrh ir•tinn n ctj irly to fnrriIifnta thin rcentage of R -1 {R} housing - potential in relation to r)ortunities in Maplewood. i.e. single dwellina 40.00 5. , Historic Mayor Sr percentage of housing lots. 10.000 sin. ft lots . R -1 Cave Ayes -Mayor Longrie Councilmembers Cave, Hjelle and Juenemann Nays - Councilmember Rossbach the report. Councilmember Rossbach moved to approve $5,000 seed money for the Historic Commission to begin snaking plans for the city's 50th Anniversary Celebration. Seconded by Mayor Longrie Ayes -All 8:52 p.m. A 10 minute break was taken. Nancy Lazaryan 3 a. City Attorney Kantrud presented the staff report. b. Councilmember Juenemann expressed concerns with the legal issues being addressed in a council meeting forum and referred council to City Attorney Kantrud's report. C. Nancy Lazaryan made a presentation regarding the property in question (Applewood Park and 2516 Linwood Avenue). October 9, 2006 City Council Meeting 10 During the presentation Councilmember Juenemann and Councilmember Hjelle exited the meeting. Mayor Longrie moved to direct City Attorney Kantrud to review the developer's agreement for 2516 Linwood. Seconded by Councilmember Cave Ayes-All Councilmembers Hjelle and Juenemann returned to the meeting. Councilmember Rossbach moved to extend the meeting to complete agenda item M1. Seconded by Mayor Longrie Ayes-All M. COUNCIL PRESENTATIONS 1. On October 31" Mayor Longrie will be attending a session on Consel bring information back for council and the Environmental and Natural N. ADMINISTRATIVE PRESENTATIONS 1. Firms to Coordinate City Manager Hiring Process Mayor Longrie moved to table this item to the Oc information requested. Seconded by Councilmember Hjelle O. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:41 p. Easements and will rce Commission. October 9, 2006 City Council Meeting 11 AGENDA NO. 1 -1 AGENDA REPORT TO: City Council FROM: Finance Director RE: APPROVAL OF CLAIMS DATE: October 23, 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. ACCOUNTSPAYABLE: $ 327,781.43 Checks 9 71019 thru 9 71069 dated 10103106 thru 10/10/06 $ 690,050.11 Disbursements via debits to checking account dated 09/29/06 thru 10/04/06 $ 181,439.57 Checks 9 71070 thru 9 71124 dated 10/11/06 thru 10/17/06 $ 344,543.19 Disbursements via debits to checking account dated 10/05/06 thru 10/12/06 $ 1,543,814.30 Total Accounts Payable PAYROLL $ 439,940.34 Payroll Checks and Direct Deposits dated 10/06/06 $ 2,215.25 Payroll Deduction check 9 106405 thru 9 106406 dated 10/06/06 $ 442,155.59 Total Payroll $ 1,985,969.89 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 ds attachments S: \CTY_CLRK\Agenda Lists and Reports 2006\Agenda Reports \10- 23 -06 \I1 Approval of Claims.xls Check Register City of Maplewood t110111Y�11111 Check Date Vendor 71019 10/0312006 02410 WELLS FARGO LEASING INC 71020 10/10/2006 01018 MINNEAPOLIS FINANCE DEPT 71021 10/10/2006 01337 RAMSEY COUNTY -PROP REC & REV 10/10/2006 01337 RAMSEY COUNTY -PROP REC & REV 10/10/2006 01337 RAMSEY COUNTY -PROP REC & REV 1011012006 01337 RAMSEY COUNTY -PROP REC & REV 71022 1011012006 01504 CITY OF ST PAUL 71023 10/1012006 01798 YOCUM OIL CO. 71024 10/0612006 00309 COMMISSIONER OF TRANSPORTATION 71025 10/10/2006 00111 ANIMAL CONTROL SERVICES INC 71026 10/10/2006 01936 CHAD BERGO 71027 10/1012006 00210 BRAVER & ASSOCIATES, LTD 71028 10/10/2006 03700 DERK KARL SCHWIEGER LLC 71029 1011012006 03619 DRAIN KING INC 1011012006 03619 DRAIN KING INC 10/1012006 03619 DRAIN KING INC 10/1012006 03619 DRAIN KING INC 10/10/2006 03619 DRAIN KING INC 10/10/2006 03619 DRAIN KING INC 10/10/2006 03619 DRAIN KING INC 10/10/2006 03619 DRAIN KING INC 10110/2006 03619 DRAIN KING INC 71030 10110/2006 00103 EARL F ANDERSON INC 71031 10/1012006 01968 TOM EKSTRAND 71032 10/1012006 00003 ESCROW REFUND 71033 10/10/2006 00003 ESCROW REFUND 71034 10/10/2006 02856 ELIZABETH FOERG 71035 10/1012006 02873 GARDEN & ASSOCIATES INC 71036 10/1012006 00687 HUGO'S TREE CARE INC 10110/2006 00687 HUGO'S TREE CARE INC 10110/2006 00687 HUGO'S TREE CARE INC 10/1012006 00687 HUGO'S TREE CARE INC 71037 10/1012006 00719 INDEPENDENT SCHOOL DIST #622 71038 10/10/2006 00489 INTEREUM INC 71039 10/10/2006 00827 L M C I T 71040 10/10/2006 02336 M A TAYLOR INC 71041 10/10/2006 00935 MAPLEWOOD FIRE FIGHTERS RELIEF 71042 1011012006 01951 MEDICARE REFUND 71043 1011012006 02617 ALESIA METRY 71044 10/1012006 02608 NORTH AMERICAN PRAIRIES 71045 10/1012006 03741 NORTH DAKOTA TAX COMMISSIONER 71046 10/10/2006 00001 ONE TIME VENDOR 71047 10/10/2006 00001 ONE TIME VENDOR 71048 10/10/2006 00001 ONE TIME VENDOR 71049 10/10/2006 00001 ONE TIME VENDOR 71050 1011012006 00001 ONE TIME VENDOR 71051 1011012006 00001 ONE TIME VENDOR 71052 10/1012006 00001 ONE TIME VENDOR 71053 10/1012006 00001 ONE TIME VENDOR 71054 10/10/2006 00001 ONE TIME VENDOR 71055 10/10/2006 00001 ONE TIME VENDOR 71056 10/10/2006 03201 JOHN OPHEIM 71057 10/10/2006 01254 PEPSI -COLA COMPANY 71058 10110/2006 03446 RICK JOHNSON DEER & BEAVER INC 71059 10110/2006 01387 DR. JAMES ROSSINI 71060 10/1012006 01409 S.E.H. Description Amount RICOH COPIER LEASE 9/9 - 10/9 AUTOMATED PAWN SRV FEE - AUG PROJ 04 -15 SHRUBS PROJ 04 -15 PLANTS MULCH SHRUBS & PLANTS RADIO SERVICE & MAIN - AUG DIESEL FUEL LOW SULPHUR RED DYED CONFERENCE REGISTRATION PATROL & BOARDING FEES 9/11 - 9/24 REIMB INTERNET & PHONE - JUN APPLEWOOD PARK SRVS THRU 8/31 PROF SRVS 8/3 THRU 8/18 PROJ 05 -16 TELEVISE MAINLINE PROJ 05 -16 TELEVISE MAINLINE PROJ 05 -16 LINE INSPECTION PROJ 05 -16 TELEVISE MAINLINE PROJ 05 -16 TELEVISE MAINLINE PROJ 05 -16 TELEVISE MAINLINE PROJ 05 -16 LINE INSPECTION PROJ 05 -16 TELEVISE MAINLINE & LINE PROJ 05 -16 TELEVISE MAIN LINE & LINE INSTALL PLAYGROUND EQUIPMENT REIMB FOR TEXTBOOK ESCROW M WEBSTER - 2298 ESCROW LARRY LAND - 1946 REIMB FOR MILEAGE 4/11 - 8/17 LANGUAGE INTERPRETER REMOVE TREE & TRIM TREES REMOVE TREE & TRIM TREES TRIM TREES & HAUL BRUSH TRIM TREES CITY 1/3 SHARE OF TARTAN ARENA DESIGN SERVICES CLAIM DEDUCTIBLE FITNESS CONSULTANT FEE - 3RD QTR FIRE STATE AID REF MEDICARE REFUND - AMB 06010518 REIMB FOR TENNIS SHOES SITE PREP & SEEDING RAINGARDENS INCOME TAX WITHHOLDING - QTRLY REF VA MEDICAL - AMB 05017884 REF ANNETTE HELDMAN - AMB 05004347 REF RICHARD SWANSON - AMB 06010773 REF JULIA HAYNE - AMB 06011033 REF EDWARD HARTUNG - AMB 06010518 REF RICK'S ROOFING -9113 PRMT 06- REF CHRISTINE TAYLOR- MEMBERSHIP REF JASON SCHULTZ - GYM TIME REF L LAWRENCE - MEMBERSHIP REF ROSEMARY JOHNSON - MCC PROG REIMB FOR SUPPLIES, FUEL, VEH PARTS MERCH FOR RESALE DEER REMOVAL - SEP FITNESS PROGRAM ADMIN FEE - SEP PROJ 06 -14 PROF SRVS - AUG 1,467.57 558.00 391.92 328.02 153.36 129.93 1,019.65 14,651.00 60.00 1,528.34 89.95 1,190.09 1,806.01 580.00 432.00 364.00 333.00 208.00 201.00 148.00 49.00 49.00 13, 304.62 17.00 1,000.00 500.00 167.41 70.00 1,332.32 670.95 346.13 319.50 6,647.40 127.80 200.00 1,735.00 235,019.00 199.38 59.99 4,000.00 120.35 1,007.75 310.00 256.56 150.00 108.95 80.50 56.00 50.00 19.17 16.00 97.50 313.65 100.00 100.00 7,954.98 2 Check Register City of Maplewood 1110Nyf+�11111 Check 71061 71062 71063 71064 71065 71066 71067 71068 71069 Vendor Description Amount 01409 S.E.H. 01409 S.E.H. 01409 S.E.H. 01409 S.E.H. 01409 S.E.H. 01409 S.E.H. 01409 S.E.H. 02870 SEMLER CONSTRUCTION INC 00198 ST PAUL REGIONAL WATER SRVS 00198 ST PAUL REGIONAL WATER SRVS 00198 ST PAUL REGIONAL WATER SRVS 01550 SUMMIT INSPECTIONS 01574 T.A. SCHIFSKY & SONS, INC 01574 T.A. SCHIFSKY & SONS, INC 01574 T.A. SCHIFSKY & SONS, INC 01574 T.A. SCHIFSKY & SONS, INC 03742 TRIAD ENTERTAINMENT INC 03194 VERNIX FORESTRY CONSULTANTS 01734 WILLIAM P. WALSH 01750 THE WATSON CO INC 01753 WEATHER WATCH, INC. 51 Checks in this report. PROJ 06 -15 PROF SRVS - AUG 3,511.09 PROJ 05 -36 PROF SRVS - AUG 3,211.24 PROJ 02 -10 PROF SRVS - AUG 2,152.77 PROJ 06 -02 PROF SRVS - AUG 1,436.13 PROJ 06 -05 PROF SRVS - AUG 1,021.32 PROF SRVS - AUG 588.91 PROJ 04 -05 NPDES PHASE II - AUG 183.75 ESCROW - 1195 N STERLING 1,258.63 WATER UTILITY - 3050 -LS KENNARD 130.03 WATER UTILITY 2925 -LS KENNARD 89.64 WATER UTILITY 85.44 ELECTRICAL INSPECTIONS 4,749.20 COARSE SAND 1,333.75 VARIOUS BITUMINOUS MATERIALS 958.54 VARIOUS BITUMINOUS MATERIALS 282.30 VARIOUS BITUMINOUS MATERIALS 119.28 MCC THEATER CONCERT 10118 550.00 SHADE TREE DISEASE MGMT - 811 TO 911 2,781.53 COMMERCIAL PLUMBING INSPECTIONS 387.24 MERCH FOR RESALE 279.89 WEATHER SERVICE - 11106 THRU 3107 475.00 JG [ .1 V 1 .YJ 91 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 09/28/06 09/22/06 09/28/06 09/28/06 09/29/06 10/02/06 09/29/06 10/02/06 10/02/06 09/29/06 10/03/06 09/29/06 09/29/06 09/29/06 09/29/06 10/02/06 10/02/06 10/02/06 10/03/06 10/03/06 10/03/06 10/04/06 MN State Treasurer WI Dept of Revenue Pitney Bowes MN Dept of Natural Resources MN State Treasurer US Bank US Bank MN State Treasurer Pitney Bowes Discover MN State Treasurer TOTAL Description Drivers License /Deputy Registrar State Payroll Tax Postage DNR electronic licenses Drivers License /Deputy Registrar Debt Service payments Credit Card fees Drivers License /Deputy Registrar Postage Credit Card fees Drivers License /Deputy Registrar 12,417.50 1,952.16 2,985.00 615.50 12,588.45 613,662.51 1,092.97 25,865.12 15.00 153.40 18,702.50 .•9 1 1 9 Check Register City of Maplewood 071116fW111Iy Check Date Vendor 71070 10/1112006 03738 BETHEL & ASSOCIATES, PA 71071 1011712006 01973 ERICKSON OIL PRODUCTS INC 71072 1011712006 00585 GOPHER STATE ONE -CALL 71073 1011712006 02728 KIMLEY -HORN & ASSOCIATES INC 1011712006 02728 KIMLEY -HORN & ASSOCIATES INC 1011712006 02728 KIMLEY -HORN & ASSOCIATES INC 1011712006 02728 KIMLEY -HORN & ASSOCIATES INC 71074 10/1712006 01337 RAMSEY COUNTY -PROP REC & REV 71075 10/1712006 01504 CITY OF ST PAUL 71076 1011712006 01190 XCEL ENERGY 1011712006 01190 XCEL ENERGY 10/1712006 01190 XCEL ENERGY 10/1712006 01190 XCEL ENERGY 1011712006 01190 XCEL ENERGY 1011712006 01190 XCEL ENERGY 71077 10/1712006 03613 ACTION IMPRINTS 71078 10/1712006 03092 AMERICAN ACCOUNTS & ADV INC 71079 1011712006 00111 ANIMAL CONTROL SERVICES INC 71080 1011712006 00178 GORDON BERGGREN 71081 1011712006 03623 BOB WOLLER & SONS BLACKTOPPING 71082 1011712006 00240 G.S.C. CREDIT SERVICES 71083 1011712006 00494 CHILDREN HOME & FAMILY SERVICE 71084 1011712006 00340 CRAMER BUILDING SERVICES 71085 10/1712006 00460 CRETEX CONCRETE PRODUCTS NORTH 10/1712006 00460 CRETEX CONCRETE PRODUCTS NORTH 71086 1011712006 00358 DGM INC. 1011712006 00358 DGM INC. 10/1712006 00358 DGM INC. 10/17/2006 00358 DGM INC. 10/17/2006 00358 DGM INC. 10/17/2006 00358 DGM INC. 10/17/2006 00358 DGM INC. 10/17/2006 00358 DGM INC. 10/1712006 00358 DGM INC. 10/1712006 00358 DGM INC. 10/17/2006 00358 DGM INC. 10/17/2006 00358 DGM INC. 1011712006 00358 DGM INC. 71087 1011712006 03463 EBERT CONSTRUCTION 71088 10/17/2006 00003 ESCROW REFUND 71089 10/17/2006 00477 ESS BROTHERS & SONS INC 71090 10/17/2006 03126 FIRE INSTRUCTION & RESCUE EDUC 71091 10/17/2006 03303 MYCHAL FOWLDS 10/17/2006 03303 MYCHAL FOWLDS 71092 10/17/2006 00531 FRA -DOR BLACK DIRT & RECYCLE 71093 10/17/2006 03516 ANTHONY GABRIEL 71094 10/17/2006 02612 DUWAYNE KONEWKO 71095 10/17/2006 00393 DEPT OF LABOR & INDUSTRY 71096 10/17/2006 00867 LILLIE SUBURBAN NEWSPAPERS 71097 10/17/2006 00986 METROPOLITAN COUNCIL 71098 10/17/2006 01079 MN CHIEFS OF POLICE ASSN 71099 10/17/2006 01061 MN STATE FIRE DEPT ASSOC 71100 10/17/2006 03369 MOUNDS PARKACADEMY 71101 10/17/2006 02125 NORTHLAND BUSINESS SYSTEMS 71102 10/17/2006 03747 NORTHWIND HOMES 71103 10/17/2006 01202 NYSTROM PUBLISHING CO INC Description Amount HR SERVICES 9112 - 9128 CAR WASHES - SEP NET BILLABLE TICKETS - SEP PROJ 06 -17 PROF SRVS THRU 8131 PROJ 02 -21 PROF SRVS THRU 8131 PROJ 02 -21 PROF SRVS THRU 8131 PROJ 04 -21 PROF SRVS THRU 8131 NATIVE PLANTS APSHALT MIX ELECTRIC UTILITY GAS & ELECTRIC UTILITY GAS & ELECTRIC UTILITY ELECTRIC UTILITY EQUIPMENT LOAN GAS & ELECTRIC UTILITY POLICE SRV PROG -HATS, JACKETS, AMB COLLECTION AGENCY FEE PATROL & BOARDING FEES 9125 - 1018 NAME PLATES GRADING ESCR WORK - 601 S APPLICANT BACKGROUND CHECK YOUTH DIVERSION FROG - SEP TRANE MAINT AGREEMENT - QTRLY PROJ 05 -36 STRUCTURE RETURN - PROJ 05 -36 SKIMMER GRATE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW INVEST VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE TOW FORFEITURE VEHICLE APPLEWOOD PARK CHANGE ORDER #4 ESCROW PERF POOL - 451 CRESTVIEW PROJ 05 -16 SANITARY MANHOLES HAZ MAT TRAINING REIMB PHONE & INTERNET - MAR & APR REIMB PHONE & INTERNET - JAN & FEB PROJ 05 -36 BLACK DIRT REIMB FOR UNIFORM REIMB FOR MILEAGE 1014 MONTHLY SURTAX - SEP MAPLEWOOD /NSP DIRECTORY AD MONTHLY SAC - SEP MN CHIEFS FALL CONFERENCE MEMBERSHIP DUES THRU 5/31/07 CLOSE DEVELOPER FUND 04 -10 LOGGER EQUIP PREV MAINT THRU ESCROW RELEASE - 1801 JACKSON PARKS & REC BROCHURE 8,829.20 55.38 819.40 28,665.97 3,450.30 1,262.05 1,147.46 59.64 506.67 12,629.03 2,599.11 2,379.92 1,165.50 756.64 289.99 504.10 27.18 1,732.16 60.00 1,000.00 50.11 3,526.08 2,217.76 1,940.24 - 947.68 165.08 154.43 122.48 122.48 111.83 111.83 90.53 90.53 90.53 90.53 90.53 90.53 90.53 5,440.00 500.00 8,610.53 480.00 150.00 150.00 213.00 105.72 75.65 1,905.62 594.00 4,603.50 160.00 360.00 383.55 2,836.40 2,501.58 1,782.86 Check Register City of Maplewood 071116fW111Iy Check Date Vendor Description Amount 10/1712006 01202 NYSTROM PUBLISHING CO INC MCC POSTCARDS 552.74 71104 10/17/2006 00001 ONE TIME VENDOR REIMB J NIELSON - PR #05 -16 DRIVEWAY 382.99 71105 10/17/2006 00001 ONE TIME VENDOR REF AAA - AMB 060107118 172.00 71106 10/17/2006 00001 ONE TIME VENDOR REF ANDREW BURKE - AMB 06005378 100.00 71107 10/17/2006 00001 ONE TIME VENDOR REF THEAVY LO - SWIM CLASSES 42.00 71108 10/1712006 00001 ONE TIME VENDOR REF THOMAS SELEDIC - CANCELLED 34.00 71109 10/1712006 01359 REGAL AUTO WASH DETAIL XX CAR WASHES - SEP 76.61 71110 10/17/2006 01340 REGIONS HOSPITAL PARAMEDIC SUPPLIES 834.43 71111 10/17/2006 01383 ROSEVILLE AREA SCHOOLS COOPERATIVE FACILITY USE 11,350.00 71112 10/17/2006 03745 SANDY'S SEWING DEN SHORTEN JUMPSUIT SLEEVES 52.50 71113 10/17/2006 03746 RICHARD J SCHREIER JR ESC RELEASE - 394 RIPLEY AVE 2,516.23 71114 10/17/2006 03215 SHAFER CONTRACTING CO INC PR02 -07 CTY RD D /HAZELWOOD PMT #16 51,062.42 71115 10/17/2006 03398 SHAMROCK GROUP MERCH FOR RESALE 121.00 71116 10/1712006 01466 SKYHAWKS SPORTS ACADEMY, INC. SOCCER & FLAG FOOTBALL CAMPS 2,760.00 71117 10/1712006 01523 STATE BOARD OF ELECTRICITY INSPECTION CERTIFICATE BOOKS 100.00 71118 10/17/2006 01537 STREAMLINE DESIGN INC. SOCCER TSHIRTS 30.00 71119 10/17/2006 01618 DAVID THOMALLA REIMB CANINE ASSN AWARDS BANQUET 30.00 71120 10/17/2006 01683 UNIFORMS UNLIMITED INC BULLETPROOF VEST 749.95 71121 10/17/2006 03026 UPPER MIDWEST COMM POLICING MN GANG PREVENTION CONFERENCE 50.00 71122 10/17/2006 03194 VERNIX FORESTRY CONSULTANTS SHADE TREE DISEASE PROG 9/2 - 10/1 1,410.34 71123 10/17/2006 01734 WILLIAM P. WALSH COMMERCIAL PLUMBING INSPECTION 1,548.00 10/1712006 01734 WILLIAM P. WALSH COMMERCIAL PLUMBING INSPECTION 412.80 71124 10/1712006 03186 WELLS FARGO SERVICES CO DOC REPRODUCTION #1144727 -53830 51.10 55 Checks in this report. 10 1.413y.or W . CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 10/04/06 10/05/06 10/06/06 09/29/06 10/05/06 10/06/06 10/06/06 10/06/06 10/06/06 10/09/06 10/06/06 10/06/06 10/06/06 10/10/06 10/11106 10/09/06 10/05/06 10/06/06 10/06/06 10/05/06 10/06/06 10/10/06 10/10/06 10/10/06 10/10/06 10/11/06 10/11/06 10/11/06 10/11/06 10/11/06 10/12/06 10/12/06 MN State Treasurer MN State Treasurer ICMA (Vantagepointe) US Bank VISA One Card* MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P. E.R.A. Orchard Trust MN State Treasurer MN State Treasurer MidAmerica - ING Labor Unions MN State Treasurer MN State Treasurer ARC Administration TOTAL Description Drivers License /Deputy Registrar Drivers License /Deputy Registrar Deferred Compensation Purchasing card items DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Deferred Compensation Drivers License /Deputy Registrar State Payroll Tax HRA Flex plan Union Dues Drivers License /Deputy Registrar Drivers License /Deputy Registrar DCRP & Flex plan payments *Detailed listing of VISA purchases is attached. 13,821.20 13,433.50 5,459.37 46,841.16 211.00 14,120.70 87,727.01 58,905.60 24,046.62 19,437.42 17,046.84 2,722.09 1,679.30 13,207.75 23,182.10 2,701.53 7 Visa Transactions 9 -16 -06 to 9 -29 -06 Trans Date Posting Date Merchant Name Trans Amount Name 9/28/2006 9/29/2006 WESTIN HOTELS CROWN CTR ($153.90) R CHARLES AHL 9/22/2006 9/25/2006 SPRINT PCS- 996 -SP IVR $35.00 BRUCE K ANDERSON 9/16/2006 9/18/2006 TI *TASER INTL $450.00 SCOTT ANDREWS 9/23/2006 9/25/2006 TI *TASER INTL $240.00 SCOTT ANDREWS 9/16/2006 9/18/2006 SUNCOAST 2004 MAPLEWOOD M $14.37 MANDY ANZALDI 9/21/2006 9/25/2006 ANDON BALLOONS INC - $38.34 MANDY ANZALDI 9/23/2006 9/25/2006 JOANN ETC #1970 $45.37 MANDY ANZALDI 9/28/2006 9/29/2006 WALGREEN 00073882 $10.68 MANDY ANZALDI 9/15/2006 9/18/2006 MINNESOTA YOUTH INTERVENT $45.00 JOHN BANICK 9/15/2006 9/18/2006 WWW.REGONLINE.COM $325.00 JOHN BANICK 9/20/2006 9/22/2006 SHRED -IT $146.52 JOHN BANICK 9/26/2006 9/27/2006 ARDEN SHOREVIEW AN HOSPT $201.75 JOHN BANICK 8/10/2006 9/18/2006 NUCO2 01 OF 01 $87.33 JIM BEHAN 8/16/2006 9/18/2006 NUCO2 01 OF 01 $87.33 JIM BEHAN 8/22/2006 9/18/2006 NUCO2 01 OF 01 $87.33 JIM BEHAN 9/1/2006 9/18/2006 NUCO2 01 OF 01 $59.61 JIM BEHAN 9/15/2006 9/18/2006 MUSKA LIGHTING CENTER $788.97 JIM BEHAN 9/15/2006 9/18/2006 POOLSIDE $56.45 JIM BEHAN 9/21/2006 9/22/2006 HENRIKSEN ACE HARDWARE $16.88 JIM BEHAN 9/22/2006 9/25/2006 MUSKA LIGHTING CENTER $298.20 JIM BEHAN 9/25/2006 9/27/2006 THE HOME DEPOT 2801 $29.10 JIM BEHAN 9/26/2006 9/27/2006 TRI -DIM FILTER CORP $28.56 JIM BEHAN 9/26/2006 9/27/2006 TRI -DIM FILTER CORP $1,079.98 JIM BEHAN 9/27/2006 9/29/2006 POOLSIDE $113.83 JIM BEHAN 9/20/2006 9/22/2006 OAKDALE RENTAL CENTER $179.99 TROY BRINK 9/15/2006 9/18/2006 PROMOPEDDLER, INC $534.66 HEIDI CAREY 9/19/2006 9/20/2006 FEDEX KINKO'S #0617 $216.20 HEIDI CAREY 9/22/2006 9/25/2006 MSP COMMUNICATIONS $550.00 HEIDI CAREY 9/26/2006 9/27/2006 QUALITY HOUSE INTL INC $137.50 HEIDI CAREY 9/26/2006 9/27/2006 FACTORY CARD OUTLET #284 $55.91 HEIDI CAREY 9/26/2006 9/27/2006 DEX EAST - LOCKBOX $30.92 HEIDI CAREY 9/15/2006 9/18/2006 G & K SERVICES 006 $695.12 LINDA CROSSON 9/15/2006 9/18/2006 RHODE ISLAND NOVELTY $66.74 LINDA CROSSON 9/22/2006 9/25/2006 WMS *WASTE MGMT WMEZPAY $32.63 LINDA CROSSON 9/25/2006 9/27/2006 TIME WARNER CABLE $109.79 LINDA CROSSON 9/26/2006 9/27/2006 COMPLIANCE SIGNS $46.50 LINDA CROSSON 9/15/2006 9/18/2006 G & K SERVICES 006 $57.08 CHARLES DEAVER 9/27/2006 9/28/2006 MENARDS 3059 $78.75 CHARLES DEAVER 9/21/2006 9/22/2006 MENARDS 3059 $23.19 DOUG EDGE 9/18/2006 9/19/2006 HEJNY RENTAL $167.46 DAVE EDSON 9/13/2006 9/18/2006 CRAMER BLDG SERVICES INC $867.00 LARRY FARR 9/14/2006 9/18/2006 THE HOME DEPOT 2801 $125.74 LARRY FARR 9/15/2006 9/18/2006 G & K SERVICES 006 $281.45 LARRY FARR 9/15/2006 9/18/2006 SEARS ROEBUCK 1122 $324.64 LARRY FARR 9/18/2006 9/20/2006 AEI ELECTRONICS CENTER $909.38 LARRY FARR 9/19/2006 9/21/2006 THE TILE SHOP #04 $1,133.57 LARRY FARR 9/19/2006 9/21/2006 AEI ELECTRONICS CENTER $140.82 LARRY FARR 9/19/2006 9/21/2006 THE HOME DEPOT 2801 $214.50 LARRY FARR 9/19/2006 9/21/2006 THE HOME DEPOT 2801 $136.66 LARRY FARR 9/21/2006 9/22/2006 GENERAL PARTS $43.80 LARRY FARR 9/22/2006 9/25/2006 CERTIFIED LABORATORIES $296.89 LARRY FARR 9/22/2006 9/25/2006 THE HOME DEPOT 2810 $295.15 LARRY FARR 9/22/2006 9/25/2006 ALL MAIN STREET ELECTRIC $1,030.60 LARRY FARR 9/25/2006 9/27/2006 THE HOME DEPOT 2801 $125.93 LARRY FARR 9/27/2006 9/28/2006 NORTHERN TOOL EQUIPMNT $48.95 LARRY FARR Visa Transactions 9 -16 -06 to 9 -29 -06 Trans Date Posting Date Merchant Name Trans Amount Name 9/27/2006 9/28/2006 HARMON MINNEHA #245 $810.00 LARRY FARR 9/27/2006 9128/2006 NAPA AUTO PARTS # 28438 $36.17 LARRY FARR 9/28/2006 9/29/2006 NAPA AUTO PARTS # 28438 $15.66 LARRY FARR 9/23/2006 9/25/2006 ARROWWOOD RESORT AND CONF $338.24 DANIEL F FAUST 9/21/2006 9/25/2006 INT'L CODE COUNCIL INC $10.50 DAVID FISHER 9/18/2006 9/19/2006 CITY OF ROSEVILLE CITY HA $865.00 MYCHAL FOWLDS 9118/2006 9/20/2006 THE HOME DEPOT 2801 $25.37 MYCHAL FOWLDS 9/20/2006 9/22/2006 SPRINT PCS- 995 -SP WEB $122.52 MYCHAL FOWLDS 9/25/2006 9/26/2006 ONTRACK DATA $2,832.26 MYCHAL FOWLDS 9/26/2006 9/27/2006 AT &T ARBOR/ESB $1,013.60 MYCHAL FOWLDS 9/20/2006 9128/2006 ALPHA VIDEO + AUDIO IN $823.25 NICK FRANZEN 9/21/2006 9/25/2006 OFFICE MAX 00024125 $80.83 NICK FRANZEN 9/25/2006 9/27/2006 THE HOME DEPOT 2801 $26.61 NICK FRANZEN 9126/2006 9/27/2006 HP DIRECT- PUBLICSECTOR $3,014.78 NICK FRANZEN 9/26/2006 9/28/2006 THE HOME DEPOT 2801 $17.53 NICK FRANZEN 9/21/2006 9/22/2006 S & T OFFICE PRODUCTS $162.27 PATRICIA FRY 9/22/2006 9/25/2006 S & T OFFICE PRODUCTS $138.25 PATRICIA FRY 9/19/2006 9/21/2006 MICHAELS #2744 $19.15 VIRGINIA GAYNOR 9/19/2006 9/21/2006 MICHAELS #2744 $36.79 VIRGINIA GAYNOR 9/22/2006 9/25/2006 ALERT ALL CORP $440.00 CLARENCE GERVAIS 9/27/2006 9/29/2006 ARAMARK REF SVS #6013- $625.53 MIKE GRAF 9/14/2006 9/18/2006 DEGE GARDEN CENTER $23.92 JANET M GREW HAYMAN 9118/2006 9/20/2006 MCDONALD'S F3117 $41.77 KAREN E GUILFOILE 9/24/2006 9/26/2006 RAINBOW FODDS 00088120 $33.26 KAREN E GUILFOILE 9/25/2006 9/26/2006 S & T OFFICE PRODUCTS $47.34 LORI HANSON 9/26/2006 9/27/2006 DS *DRUGSTORE.COM $130.33 LORI HANSOM 9/26/2006 9/28/2006 MINNESOTA BOOKSTORE $11.66 LORI HANSOM 9/19/2006 9/20/2006 CLAREY'S SAFETY EQUIPM $103.98 PATRICK HEFFERNAN 9/21/2006 9/22/2006 MENARDS 3059 $17.84 PATRICK HEFFERNAN 9122/2006 9/25/2006 TARGET 00011858 $5.80 PATRICK HEFFERNAN 9/22/2006 9/25/2006 THE HOME DEPOT 2801 $34.45 PATRICK HEFFERNAN 9/23/2006 9/25/2006 CLAREY'S SAFETY EQUIPM $352.92 PATRICK HEFFERNAN 9/23/2006 9/25/2006 MENARDS 3059 $61.39 PATRICK HEFFERNAN 9/28/2006 9129/2006 MENARDS 3059 $5.31 ROLAND HELEY 9/18/2006 9/21/2006 AMERICAN RED CROSS $119.92 RON HORWATH 9/27/2006 9/28/2006 PSW *FRONTIER PRO SHOP $80.27 RON HORWATH 9/27/2006 9/29/2006 THE HOME DEPOT 2801 $14.85 RON HORWATH 9/1/2006 9/25/2006 DE LAGE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 9119/2006 9/21/2006 THE HOME DEPOT 2801 $5.76 DAVID JAHN 9/21/2006 9/25/2006 THE HOME DEPOT 2801 $41.43 DAVID JAHN 9/25/2006 9/27/2006 OAKDALE RENTAL CENTER $179.99 DON JONES 9/26/2006 9/27/2006 MOGREN LANDSCAPE SUPPLY L $362.10 DON JONES 9/27/2006 9128/2006 U OF M BLOSYS /AG ENG OL $160.00 LOIS KNUTSON 9/20/2006 9/21/2006 SPORTSMITH FITNESS PAR $18.30 MARY B KOEHNEN 9/14/2006 9/18/2006 THE HOME DEPOT 2801 $135.26 DENNIS LINDORFF 9119/2006 9/21/2006 HIRSHFIELD'S MAPLEWOOD $26.06 DENNIS LINDORFF 9/19/2006 9/21/2006 HIRSHFIELD'S MAPLEWOOD $100.07 DENNIS LINDORFF 9/19/2006 9/20/2006 TARGET 00011858 $13.81 ALISHA M LUKIN 9/19/2006 9/21/2006 OFFICE MAX 00002204 $2.53 ALISHA M LUKIN 9/21/2006 9/22/2006 TARGET 00011858 $74.29 ALISHA M LUKIN 9/21/2006 9/25/2006 DOLRTREE 3150 00031500 $10.65 ALISHA M LUKIN 9/21/2006 9/25/2006 MICHAELS #2744 $25.53 ALISHA M LUKIN 9/22/2006 9/25/2006 JOANN ETC #1970 $51.01 ALISHA M LUKIN 9/28/2006 9/29/2006 TARGET 00011858 $5.08 ALISHA M LUKIN 9115/2006 9/18/2006 DE LAGE LANDEN OP01 OF 01 $379.14 STEVE LUKIN �eJ Visa Transactions 9 -16 -06 to 9 -29 -06 Trans Date Posting Date Merchant Name Trans Amount Name 9/15/2006 9/18/2006 VERIZON WRLS 12KW $36.80 STEVE LUKIN 9/15/2006 9/18/2006 INTL ASSOC OF FIRE CHIEFS $210.00 STEVE LUKIN 9/15/2006 9/18/2006 EMERGENCY APPARATUS MAINT $727.15 STEVE LUKIN 9/20/2006 9/21/2006 AMERICAN MESSAGING RECUR $17.76 STEVE LUKIN 9/26/2006 9/27/2006 FEDEX KINKO'S #0617 $38.34 STEVE LUKIN 9/15/2006 9/18/2006 G & K SERVICES 006 $328.18 MARK MARUSKA 9/15/2006 9/18/2006 VERIZON WRLS 12KW $45.04 MARK MARUSKA 9/15/2006 9/18/2006 VERIZON WRLS 12KW $63.53 ED NADEAU 9/27/2006 9/28/2006 METROCALL ARCH WIRE $37.37 ED NADEAU 9/20/2006 9/21/2006 HENRIKSEN ACE HARDWARE $11.70 BRYAN NAGEL 9/15/2006 9/18/2006 G & K SERVICES 006 $128.85 AMY NIVEN 9/15/2006 9/18/2006 G & K SERVICES 006 $510.25 AMY NIVEN 9/15/2006 9/18/2006 G & K SERVICES 006 $228.55 AMY NIVEN 9/21/2006 9/22/2006 S & T OFFICE PRODUCTS $146.47 AMY NIVEN 9/28/2006 9/29/2006 IRON AGE CORP $149.99 RICHARD NORDQUIST 9/19/2006 9/20/2006 HEJNY RENTAL $114.88 MICHAEL NOVAK 9/28/2006 9/29/2006 IRON AGE CORP $90.00 ERICK OSWALD 9/22/2006 9/25/2006 QWEST *INTERPRISE $690.00 MARSHA PACOLT 9/18/2006 9/19/2006 S & T OFFICE PRODUCTS $22.94 MARY KAY PALANK 9/22/2006 9/25/2006 S & T OFFICE PRODUCTS $51.94 MARY KAY PALANK 9/25/2006 9/27/2006 TARGET 00021352 $23.63 MARY KAY PALANK 9/15/2006 9/18/2006 CVS PHARMACY #1751 Q03 $15.93 PHILIP F POWELL 9/15/2006 9/18/2006 ABACUS PLUS SERVICES INC $136.32 PHILIP F POWELL 9/19/2006 9/20/2006 ATD AMERICAN CO $395.60 PHILIP F POWELL 9/20/2006 9/22/2006 STRETCHERS INC $52.98 PHILIP F POWELL 9/20/2006 9/22/2006 STRETCHERS INC $26.63 PHILIP F POWELL 9/21/2006 9/22/2006 RADIOSHACK COR00161455 $111.79 PHILIP F POWELL 9/21/2006 9/22/2006 BATTERIES PLUS $9.97 PHILIP F POWELL 9/27/2006 9/28/2006 RADIOSHACK COR00161455 $85.18 PHILIP F POWELL 9/27/2006 9/29/2006 STRETCHERS INC $130.88 PHILIP F POWELL 9/7/2006 9/27/2006 MEDAFOR INC $304.02 ROBERT PRECHTEL 9/18/2006 9/19/2006 PHILIPS MEDICAL SYSTEMS $468.00 ROBERT PRECHTEL 9/21/2006 9/22/2006 BOUND TREE MEDICAL LLC $338.00 ROBERT PRECHTEL 9/21/2006 9122/2006 BOUND TREE MEDICAL LLC $285.40 ROBERT PRECHTEL 9/21/2006 9/22/2006 BOUND TREE MEDICAL LLC $969.32 ROBERT PRECHTEL 9/21/2006 9/22/2006 BOUND TREE MEDICAL LLC $256.80 ROBERT PRECHTEL 9/21/2006 9/22/2006 BOUND TREE MEDICAL LLC $16.98 ROBERT PRECHTEL 9/22/2006 9/25/2006 BOUND TREE MEDICAL LLC ($22.90) ROBERT PRECHTEL 9/26/2006 9/27/2006 TRI -ANIM HEALTH SERVICES $121.98 ROBERT PRECHTEL 9/26/2006 9/27/2006 BOUND TREE MEDICAL LLC $48.90 ROBERT PRECHTEL 9/14/2006 9/18/2006 KATH AUTO PARTS NSP $160.84 STEVEN PRIEM 9/15/2006 9/18/2006 KATH AUTO PARTS NSP $23.64 STEVEN PRIEM 9/16/2006 9/18/2006 FACTORY MOTOR PARTS #19 $91.38 STEVEN PRIEM 9/18/2006 9/19/2006 FORCE AMERICA $18.17 STEVEN PRIEM 9/19/2006 9/21/2006 BAUER BOLT TRE33200023 ($71.89) STEVEN PRIEM 9/19/2006 9/21/2006 CATCO PARTS &SERVICE $27.34 STEVEN PRIEM 9/19/2006 9/22/2006 AMERICAN FASTENER & SUPPL $60.52 STEVEN PRIEM 9/20/2006 9/22/2006 KATH AUTO PARTS NSP $117.93 STEVEN PRIEM 9/21/2006 9/22/2006 POMPS TIRE SERVICE $639.00 STEVEN PRIEM 9/21/2006 9/22/2006 PARTS ASSOCIATES INC $50.77 STEVEN PRIEM 9/21/2006 9/25/2006 ZARNOTH BRUSH WORKS $558.06 STEVEN PRIEM 9/22/2006 9/25/2006 KATH AUTO PARTS NSP $8.01 STEVEN PRIEM 9/22/2006 9/25/2006 CERTIFIED LABORATORIES $425.66 STEVEN PRIEM 9/26/2006 9/28/2006 KATH AUTO PARTS NSP $25.47 STEVEN PRIEM 9/26/2006 9/28/2006 ARROW TERMINAL LLC $62.95 STEVEN PRIEM i[�7 Visa Transactions 9 -16 -06 to 9 -29 -06 Trans Date 9/27/2006 9/28/2006 9/28/2006 9/21/2006 9/22/2006 9/23/2006 9/14/2006 9/20/2006 9/20/2006 9/20/2006 9/20/2006 9/21/2006 9/25/2006 9121/2006 9/21/2006 9/26/2006 9/19/2006 9/19/2006 9/21/2006 9/26/2006 9/28/2006 9/23/2006 9/23/2006 9/19/2006 9/24/2006 9/26/2006 9/26/2006 9/15/2006 9/19/2006 9/26/2006 9/18/2006 9/18/2006 9/14/2006 9/15/2006 9/21/2006 9/25/2006 9/15/2006 9/21/2006 9/22/2006 9/27/2006 9/19/2006 9/20/2006 9/21/2006 9/23/2006 9/26/2006 9/22/2006 Posting Date Merchant Name 9/28/2006 FACTORY MOTOR PARTS #19 9129/2006 PERFORMANCE TRANSMI 9/29/2006 POLAR CHEVROLET 9/25/2006 FREDPRYOR /CAREERTRACK 9/25/2006 UNIFORMS UNLIMITED INC 9/25/2006 SPRINT *WIRELESS SVCS 9/18/2006 MCFARLANE MEDIA 9/21/2006 NOVACARE REHB /HEALT 9/21/2006 S & T OFFICE PRODUCTS 9/21/2006 S & T OFFICE PRODUCTS 9121/2006 MN OCCUPATIONAL HEALTH 9/22/2006 S & T OFFICE PRODUCTS 9/26/2006 S & T OFFICE PRODUCTS 9/22/2006 TARGET 00011858 9/25/2006 SPORTS AUTHORITY #0701 9/27/2006 MAPLEWOOD PARKS AND RECRE 9/20/2006 HEJNY RENTAL 9/21/2006 GANDER MOUNTA100104802 9/25/2006 THE HOME DEPOT 2801 9/27/2006 MENARDS 3059 9/29/2006 MENARDS 3059 9/25/2006 STAPLES SCC #467 9/25/2006 RED WING SHOE STORE 9/21/2006 HILTON GARDEN INN 9/26/2006 CUB FOODS, INC. 9/28/2006 UNIFORMS UNLIMITED INC 9/28/2006 KUSTOM SIGNALS, INC. 9/18/2006 T- MOBILE IVR PAYMENT 9/20/2006 S & T OFFICE PRODUCTS 9/27/2006 S & T OFFICE PRODUCTS 9/20/2006 OFFICE MAX 00002204 9/20/2006 SPORTS IMPORTS 9/18/2006 CUB FOODS, INC. 9/18/2006 DE LAGE LANDEN OP01 OF 01 9/25/2006 CUB FOODS, INC. 9/27/2006 CUB FOODS, INC. 9/18/2006 NARDINI FIRE EQUIPMENT 9/22/2006 METRO FIRE 9/25/2006 NATL FIRE PROTECTION 9/28/2006 LIFE LINK III 9/21/2006 HIRSHFIELD'S MAPLEWOOD 9/22/2006 OWENS COMPANIES INC 9122/2006 QWESTCOMM *TN651 9/25/2006 QWESTCOMM *TN651 9/27/2006 COMCAST CABLE COMM 9/25/2006 PIONEER PRESS SUBSCRIPTI Trans Amount Name $44.69 STEVEN PRIEM $1,419.50 STEVEN PRIEM $8.83 STEVEN PRIEM $128.00 KEVIN RABBETT $488.06 KEVIN RABBETT $2,137.46 KEVIN RABBETT $348.78 TERRIE RAMEAUX $90.00 TERRIE RAMEAUX $28.76 TERRIE RAMEAUX $2.07 TERRIE RAMEAUX $538.00 TERRIE RAMEAUX $170.95 TERRIE RAMEAUX $58.86 TERRIE RAMEAUX $35.40 AUDRA ROBBINS $425.90 AUDRA ROBBINS $3.00 AUDRA ROBBINS $144.36 ROBERT RUNNING $8.50 JAMES SCHINDELDECKER $24.37 JAMES SCHINDELDECKER $40.61 JAMES SCHINDELDECKER $162.80 JAMES SCHINDELDECKER $33.48 DEB SCHMIDT $130.90 SCOTT SCHULTZ $89.91 MICHAEL SHORTREED $33.58 MICHAEL SHORTREED {$730.80} MICHAEL SHORTREED $234.70 MICHAEL SHORTREED $26.32 ANDREA SINDT $320.23 ANDREA SINDT $395.83 ANDREA SINDT $10.95 PAULINE STAPLES $1,339.20 PAULINE STAPLES $22.46 JOANNE M SVENDSEN $626.43 JOANNE M SVENDSEN $27.77 JOANNE M SVENDSEN $11.98 JOANNE M SVENDSEN $19.17 RUSTIN SVENDSEN $50.00 RUSTIN SVENDSEN $31.50 RUSTIN SVENDSEN $100.00 RUSTIN SVENDSEN $12.32 LYLE SWANSON $135.61 LYLE SWANSON $361.42 JUDY TETZLAFF $57.64 JUDY TETZLAFF $111.30 JUDY TETZLAFF $31.20 SUSAN ZWIEG I� CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 10/06106 CAVE, REBECCA 397.80 10106/06 HJELLE, ERIK 397.80 101%06/06 JUENEMANN, KATHLEEN 397.80 10/06/06 ROSSBACH, WILLIAM 397.80 10/06/06 COPELAND, EUGENE 3,090.00 10/06/06 FARR, LARRY 1,912.50 10/06/06 SWANSON, LYLE 1,711.57 10/06/06 ARNOLD, AJLA 840.00 10/06/06 RAMEAUX, THERESE 2,448.10 10/06/06 FAUST, DANIEL 4,41722 10/06/06 SCHMIDT, DEBORAH 1,570.96 10/06/06 ANDERSON, CAROLE 772.16 10/06/06 BAUMAN, GAYLE 3,544.03 10/06/06 JACKSON, MARY 1,873.35 10/06/06 KELSEY, CONNIE 829.68 10/06/06 TETZLAFF, JUDY 1,873.35 10/06/06 FRY, PATRICIA 1,738.95 10/06/06 GUILFOILE, KAREN 3,094.70 10/06/06 MORSON, JOHN 383.04 10/06/06 SPANGLER, EDNA 921.45 10/06/06 JAGOE, CAROL 1,679.66 10/06/06 MECHELKE, SHERRIE 1,083.09 10/06/06 MOY, PAMELA 731.29 10/06/06 OLSON, SANDRA 1,295.82 10/06/06 OSTER, ANDREA 1,836.89 101%06/06 WEAVER, KRISTINE 1,839.77 10/06/06 BANICK, JOHN 4,017.82 10/06/06 CORCORAN, THERESA 1,677.35 10/06/06 POWELL, PHILIP 2,394.54 10/06/06 RICHIE, CAROLE 1,684.28 10/06/06 THOMALLA, DAVID 4,429.00 10/06/06 ABEL, CLINT 2,466.33 10/06/06 ALDRIDGE, MARK 2,580.82 10/06/06 ANDREWS, SCOTT 3,790.62 101%06/06 BAKKE, LONN 2,654.35 10/06/06 BELDE, STANLEY 2,760.82 10/06/06 BIERDEMAN, BRIAN 2,400.11 10/06/06 BOHL, JOHN 2,944.63 10/06/06 BUSACK, DANIEL 2,400.11 10/06/06 COFFEY, KEVIN 2,556.54 10/06/06 GROTTY, KERRY 3,294.65 10/06/06 DOBLAR, RICHARD 2,831.57 10/06/06 GABRIEL, ANTHONY 2,217.28 12 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 10/06/06 HEINZ, STEPHEN 2,700.72 10/06/06 HIEBERT, STEVEN 2,895.82 10/06/06 JOHNSON, KEVIN 3,847.06 10/06/06 KALKA, THOMAS 686.28 101%06/06 KAKIS, FLINT 2,913.47 10/06/06 KONG, TOMMY 2,400.11 10/06/06 KROLL, BRETT 2,764.31 10/06/06 KVAM, DAVID 3,523.42 10/06/06 LANGNER, TODD 1,874.47 10/06/06 LU, JOHNNIE 2,400.11 10/06/06 MARINO, JASON 2,400.11 10/06/06 MARTIN, DANIEL 654.68 10/06/06 MARTIN, JERROLD 2,606.93 10/06/06 MCCARTY, GLEN 2,352.98 10/06/06 METRY, ALESIA 2,609.80 10/06/06 NYE, MICHAEL 1,874.47 10/06/06 OLSON, JULIE 2,532.55 10/06/06 RABBETT, KEVIN 3,587.70 10/06/06 RHUDE, MATTHEW 1,934.45 10/06/06 STEFFEN, SCOTT 3,299.85 10/06/06 STEINER, JOSEPH 1,833.43 10/06/06 SYPNIEWSKI, WILLIAM 1,874.47 10/06/06 SZCZEPANSKI, THOMAS 2,537.23 10/06/06 IRAN, JOSEPH 2,331.55 10/06/06 WENZEL, JAY 2,455.29 10/06/06 XIONG, KAO 2,400.11 10/06/06 BARTZ, PAUL 2,654.35 101%06/06 BERGERON, JOSEPH 3,847.06 10/06/06 DUGAS, MICHAEL 2,560.66 10/06/06 ERICKSON, VIRGINIA 2,713.80 10/06/06 FLOR, TIMOTHY 3,185.48 10/06/06 FRASER, JOHN 2,882.99 10/06/06 LANGNER, SCOTT 2,445.82 10/06/06 PALMA, STEVEN 2,745.14 10/06/06 THEISEN, PAUL- 2,490.82 10/06/06 THIENES, PAUL 2,628.65 101%06/06 BARTA, JEREMY 1,864.53 10/06/06 DAWSON, RICHARD 2,330.72 10/06/06 DUELLMAN, KIRK 2,289.09 10/06/06 EVERSON, PAUL 2,277.58 10/06/06 HALWEG, JODI 2,305.72 10/06/06 JOHNSON, DOUGLAS 2,272.98 10/06/06 MYERS, TODD 1,940.92 10/06/06 NOVAK, JEROME 2,61298 13 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 10/06/06 PARSONS, KURT 2,127.64 10/06/06 PETERSON, ROBERT 2,444.96 101%06/06 PRECHTEL, ROBERT 2,34898 10/06/06 SVENDSEN, RONALD 2,397.80 10/06/06 GERVAIS -JR, CLARENCE 2,868.34 10/06/06 BAUER, MICHELLE 2,056.67 10/06/06 FLAUGHER, JAYME 1,931.75 10/06/06 HERMANSON, CHAD 1,674.15 10/06/06 HUBIN, KENNARD 1,722.95 10/06/06 KNAPP, BRETT 1,681.35 10/06/06 LINN, BRYAN 2,099.13 10/06/06 PACOLT, MARSHA 2,529.68 10/06/06 RABINE, JANET 2,198.07 10/06/06 SCHAULS, ADAM 78.00 10/06/06 STAHNKE, JULIE 1,934.15 10/06/06 LUKIN, STEVEN 4,016.18 10/06/06 SVENDSEN, RUSTIN 3,219.37 10/06/06 ZWIEG, SUSAN 1,813.35 10/06/06 DOLLERSCHELL, ROBERT 293.39 10/06/06 AHL, R. CHARLES 4,675.69 10/06/06 KNUTSON, LOIS 1,57095 10/06/06 KONEWKO, DUWAYNE 3,059.51 10/06/06 NIVEN, AMY 1,258.02 10/06/06 PRIEFER, WILLIAM 2,601.27 10/06/06 BRINK, TROY 1,816.33 101%06/06 DEBILZAN, THOMAS 1,909.36 10/06/06 EDGE, DOUGLAS 1,900.35 10/06/06 FREBERG, RONALD 137.67 10/06/06 JONES, DONALD 2,153.36 10/06/06 MEISSNER, BRENT 460.00 10/06/06 MEYER, GERALD 1,969.79 10/06/06 NAGEL, BRYAN 2,486.01 10/06/06 OSWALD, ERICK 2,149.73 10/06/06 RUNNING, ROBERT 1,886.95 101%06/06 TEVLIN, TODD 1,839.15 10/06/06 DUCHARME, JOHN 2,414.87 10/06/06 ENGSTROM, ANDREW 1,776.57 10/06/06 ISAKSON, CHAD 353.10 10/06/06 JACOBSON, SCOTT 1,771.40 10/06/06 JAROSCH, JONATHAN 2,030.15 10/06/06 KUMMER, STEVEN 2,338.22 10/06/06 LABEREE, ERIN 783.55 10/06/06 LINDBLOM, RANDAL 2,792.01 14 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 10/06/06 MEINHOLZ, WILLIAM 197.12 10/06/06 PECK, DENNIS 2,421.79 10/06/06 SCHREMPP, ANTHONY 194.24 10/06/06 THOMPSON, MICHAEL 2,142.37 101%06/06 ANDERSON, BRUCE 4,35927 10/06/06 CAREY, HEIDI 2,179.79 10/06/06 HALL, KATHLEEN 1,820.32 10/06/06 MARUSKA, MARK 2,754.63 10/06/06 NAUGHTON, JOHN 1,822.15 10/06/06 SCHINDELDECKER, JAMES 1,895.66 10/06/06 BIESANZ, OAKLEY 1,758.90 10/06/06 DEAVER, CHARLES 589.09 10/06/06 HAYMAN, JANET 1,054.39 10/06/06 HUTCHINSON, ANN 2,330.27 10/06/06 NELSON, JEAN 1,070.21 10/06/06 FOERG, ELIZABETH 864.00 10/06/06 GAYNOR, VIRGINIA 2,060.55 10/06/06 HAMRE, MILES 540.00 10/06/06 EKSTRAND, THOMAS 3,244.09 10/06/06 KROLL, LISA 1,290.70 10/06/06 LIVINGSTON, JOYCE 1,009.19 10/06/06 SINDT, ANDREA 1,745.35 10/06/06 THOMPSON, DEBRA 670.94 10/06/06 YOUNG, TAMELA 1,613.35 10/06/06 FINWALL, SHANN 2,388.55 10/06/06 ROBERTS, KENNETH 2,966.02 10/06/06 BRASH, JASON 1,200.00 101%06/06 CARVER, NICHOLAS 2,853.51 10/06/06 FISHER, DAVID 3,712.12 10/06/06 RICE, MICHAEL 2,110.96 10/06/06 SWAN, DAVID 2,214.15 10/06/06 WELLENS, MOLLY 1,197.41 10/06/06 WORK, ALICIA 156.00 10/06/06 GOODRICH, CHAD 220.50 10/06/06 GOODRICH, DANIELLE 165.00 10/06/06 KELLY, LISA 1,057.86 101%06/06 LUKIN, ALISHA 960.00 10/06/06 OHLHAUSER, MEGHAN 448.88 10/06/06 ROBBINS, AUDRA 2,288.25 10/06/06 SHERRILL, CAITLIN 199.13 10/06/06 STAPLES, PAULINE 3,028.20 10/06/06 TAUBMAN, DOUGLAS 2,854.34 10/06/06 UNDERHILL, KRISTEN 339.00 10/06/06 GERMAIN, DAVID 1,902.59 15 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 10/06/06 NORDQUIST, RICHARD 1,893.35 10/06/06 SCHULTZ, SCOTT 2,078.15 101%06/06 ANZALDI, MANDY 1,591.29 10/06/06 COLLINS, ASHLEY 32.00 10/06/06 CRAWFORD - JR, RAYMOND 145.00 10/06/06 CROSSON, LINDA 2,782.65 10/06/06 EVANS, CHRISTINE 771.46 10/06/06 GRAF, MICHAEL- 2,094.61 10/06/06 HER, CHONG 419.00 10/06/06 HOFMEISTER, MARY 734.00 10/06/06 PELOQUIN, PENNYE 408.59 10/06/06 SCHMIDT, RUSSELL 2,094.61 10/06/06 SCHULZE, BRIAN 695.93 10/06/06 TOLBERT, FRANCINE 183.00 10/06/06 BRENEMAN, NEIL 168.44 10/06/06 BRUSOE, CRISTINA 42.25 10/06/06 DEL ROSARIO, THERESA 39.00 10/06/06 DUNN, RYAN 193.15 10/06/06 ERICKSON- CLARK, CAROL 71.25 10/06/06 EVANS, KRISTIN 21.95 10/06/06 FONTAINE, KIM 320.54 10/06/06 GREDVIG, ANDERS 208.88 10/06/06 HASSENSTAB, DENISE 22.35 10/06/06 HORWATH, RONALD 2,159.70 10/06/06 KOEHNEN, AMY 125.25 101%06/06 KOEHNEN, MARY 1,38696 10/06/06 KRONHOLM, KATHRYN 263.11 10/06/06 MATHEWS, LEAH 11.03 10/06/06 PROESCH, ANDY 81.16 10/06/06 SMITH, ANN 118.20 10/06/06 TUPY, HEIDE 190.80 10/06/06 TUPY, MARCUS 341.78 10/06/06 GROPPOLI, LINDA 320.00 10/06/06 HOLMGREN, STEPHANIE 99.75 101%06/06 BEHAN, JAMES 2,376.47 10/06/06 LONETTI, JAMES 1,097.82 10/06/06 PATTERSON, ALBERT 1,149.24 10/06/06 PRINS, KELLY 1,046.82 10/06/06 REILLY, MICHAEL 1,706.95 10/06/06 SCHOENECKER, LEIGH 112.85 10/06/06 AICHELE, CRAIG 2,198.07 10/06/06 PRIEM, STEVEN 2,129.35 10/06/06 WOEHRLE, MATTHEW 1,697.83 i[� CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 10/06/06 BERGO, CHAD 2,355.82 10/06/06 FOWLDS, MYCHAL 2,686.82 10/06/06 FRANZEN, NICHOLAS 2,380.44 106322 10/06/06 LONGRIE, DIANA 452.00 106323 101%06/06 JAHN, DAVID 1,683.59 106324 10/06/06 MORIN, TROY 165.75 106325 10/06/06 MATHEYS, ALANA 2,059.22 106326 10/06/06 HANSEN, LORI 1,813.36 106327 10/06/06 ROLLER, CAROLYN 140.00 106328 10/06/06 SWANSON, INGRID 120.00 106329 10/06/06 PALANK, MARY 1,679.66 106330 10/06/06 SVENDSEN, JOANNE 2,159.15 106331 10/06/06 SHORTREED, MICHAEL 3,268.81 106332 10/06/06 WELCHLIN, CABOT 2,560.59 106333 10/06/06 EDSON, DAVID 1,934.44 106334 10/06/06 HELEY, ROLAND 1,934.59 106335 10/06/06 HINNENKAMP, GARY 1,988.59 106336 10/06/06 LINDORFF, DENNIS 1,897.98 106337 10/06/06 NOVAK, MICHAEL 1,893.35 106338 10/06/06 GERNES, CAROLE 434.81 106339 10/06/06 SOUTTER, CHRISTINE 288.75 106340 10/06/06 BAKER, BRITTANY 39.00 106341 10/06/06 BERGER, STEPHANIE 276.01 106342 10/06/06 BIGELBACH, ASHLEY 83.00 106343 10/06/06 CYLKOWSKI, ANNABELLE 72.00 106344 10/06/06 CYLKOWSKI, LANCE 45.00 106345 10/06/06 ERICKSON, AMY 39.00 106346 101%06/06 FRANK, STEVE 163.00 106347 10/06/06 GREER, ABIGAIL 78.00 106348 10/06/06 HANSEN, ALEXANDER 55.00 106349 10/06/06 KOHLMAN, JENNIFER 68.00 106350 10/06/06 LINDA, KELLIE 358.00 106351 10/06/06 LO, CHUEPHENG 175.00 106352 10/06/06 MERRITT, MICHAEL 39.00 106353 10/06/06 MILTON, SCOTT 185.00 106354 10/06/06 NELSON, KIRSTEN 96.00 106355 101%06/06 NETTLETON, NICOLE 39.00 106356 10/06/06 ROBBINS, EMERALD 238.00 106357 10/06/06 RYCHLICK, NICHOLE 270.00 106358 10/06/06 HAAG, MARK 1,857.35 106359 10/06/06 NADEAU, EDWARD 3,061.98 106360 10/06/06 GLASS, JEAN 1,868.83 106361 10/06/06 NAGEL, BROOKE 325.95 106362 10/06/06 SIMPSON, JOSEPH 66.60 if CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 106363 10/06106 ARNEVIK, ERICA 87.50 106364 10106/06 CLARK, PAMELA 124.95 106365 101%06/06 COSTA, JOSEPH 128.70 106366 10/06/06 DEMPSEY, BETH 122.50 106367 10/06/06 GRUENHAGEN, LINDA 553.80 106368 10/06/06 HERRON, ADAM 23.63 106369 10/06/06 IRISH, PETER 26.00 106370 10/06/06 LEMAY, KATHERINE 109.60 106371 10/06/06 RICHTER, DANIEL 68.00 106372 10/06/06 RICHTER, NANCY 12425 106373 10/06/06 SCHMIDT, EMILY 25.73 106374 10/06/06 SCHMIDT, JOHN 39.00 106375 10/06/06 SCHREINER, MICHELLE 46.88 106376 10/06/06 SMITLEY, SHARON 503.00 106377 10/06/06 WARNER, CAROLYN 50.30 106378 10/06/06 WHITE, NICOLE 305.98 106379 10/06/06 WILLIAMS, KRISTINE 16.25 106380 10/06/06 WINEGAR, JILL 100.00 106381 10/06/06 WOODMAN, ALICE 54.40 106382 10/06/06 BOSLEY, CAROL 268.38 106383 10/06/06 LEWIS, AMY 53.65 106384 10/06/06 OIE, REBECCA 16.00 106385 10/06/06 PARAYNO, GUAI 271.83 106386 10/06/06 SATTLER, MELINDA 31.05 106387 10/06/06 STEVENS, PATTI 189.98 106388 101%06/06 STODGHILL, AMANDA 54.00 106389 10/06/06 VAN HALE, PAULA 58.10 106390 10/06/06 WADE, MARY -LEE 15.00 106391 10/06/06 ZAGER, LINNEA 155.93 106392 10/06/06 BERLIN, SARAH 82.80 106393 10/06/06 BIRKHOLZ, TYLER 85.14 106394 10/06/06 DOUGLASS, TOM 1,352.78 106395 10/06/06 EVERSON, KYLE 59.85 106396 10/06/06 GADOW, ANNA 27.80 106397 101%06/06 HER, CHEF 82.55 106398 10/06/06 HER, PETER 69.85 106399 10/06/06 O'GRADY, VICTORIA 84.60 106400 10/06/06 SCHULZE, KEVIN 113.05 106401 10/06/06 VANG, HUE 48.65 106402 10/06/06 YANG, KAY 85.20 106403 10/06/06 YANG, TIM 44.40 106404 10/06/06 VUE, LOR PAO 17723 439,940.34 iE:3 AGENDA NO. 1-2 AGENDA REPORT U4111HIN= FROM: Finance Director RE: Closure of COPS MORE Grant Fund INTRODUCTION The COPS MORE Grant Fund needs to be closed as the proceeds from the grant have been expended. DISCUSSION The COPS MORE Grant Fund was established in 2002 to account for the proceeds from the COPS MORE01 grant from the federal government. The funds were used to purchase CrimeView 2.0 Crime Mapping software to assist the Police Department in mapping criminal activity and the distribution of calls for service. RECOMMENDATION It is recommended that the Council authorize the following: (1) a transfer of $90.04 from the fund to the General Fund to close the fund and (2) the appropriate budget changes. PAWORMAGNUose fund 215.doc AGENDA NO. 1-3 AGENDA REPORT TO: City Manager FROM: Finance Director and R.E.A.L. Director RE: INCREASE IN RECORDS, ELECTIONS AND LICENSE DEPARTMENT SERVICE CHARGES 1117-1 lime om- a INTRODUCTION It is proposed that the Records, Elections and License (R.E.A.L.) Department service charges be increased by 3.8% for 2007. BACKGROUND It has been past practice to raise service charges annually to key up with inflation. In 1993 a User Fee Study was completed for the R.E.A.L. Department to insure that service charges finance an appropriate portion of the service costs. The User Fee Study report contained recommendations on 46 individual license/permit fees and service charges for the R.E.A.L. Department. For each item, it had information on the unit volume, current fee, costs to provide the service, recommended fee, phase-in schedule covering three years for the recommended fee, estimated increased revenue from the recommended fee and subsidy amount after the recommended fee is phased in. On 12-13-93 the Council approved the recommended fees in the User Fee Study for 1994. There have been annual increases in the service charges since then. It would be appropriate to increase the R.E.A.L. Department service charges by 3.8% to keep up with inflation. The inflation rate of 3.8% was the actual increase in the Consumer Price Index for All Urban Consumers for the 12-month period ending August 31. (The CPI- U for the period ending September 30 will not be released until later this month.) In the past the annual increase was based upon the anticipated inflation rate for the upcoming year but this estimate is always changing. The recommended 2007 service charge rates are being presented to the City Council now so that staff has enough time to prepare the forms for the annual renewal of licenses. RECOMMENDATION It is recommended that the Council approve revisions in City Clerk services charges listed in Exhibit A for 2007. PAWORMAWUSERFEE—REAL.doc Exhibit A Page 1 of 3 RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual Volume 2005 Fee 2006 Fee 2007 Fee Adult Use & Sexual l - Oriented Business 0 $515 $525 $545 Alarm Installation Permit 20 50 51 53 Alarm System License 165 50 51 53 Amusement Park License 1 345 352 365 Auctioneer License 1 95 97 101 Bench Permit 1 st Bench Additional Benches 1 18 62 37 63 38 65 39 Business Registration License 125 35 36 37 Carnival License 3 339 346 359 Cat License - fee for two years 1 100 19 19 20 Catering Food Vehicle License 1 st Vehicle Each Additional Vehicle Fleet 2 1 1 115 78 309 117 80 315 121 83 327 Christmas Tree Sales License 8 205 209 217 Cigarette and Tobacco License 65 87 89 92 Coin Op. Amusement Device Base Fee Per Device 38 447 203 51 207 52 215 54 Contractors License 600 115 117 121 Currency Exchange License 1 317 323 335 Dog Kennels - New License 1 75 77 80 Dog Kennels - Renewal License 2 40 41 43 Dog License - Fee for two years 1 700 19 19 20 Food Establishment License 1261 598 1 610 1 633 Golf Course License 4 293 1 299 1 310 'Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. 2 Maximum under state law is $500 effective with 2004 fee. 3 Set by ordinance adopted 9- 10 -90. RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual 2005 2006 2007 Volume Fee Fee Fee Home Occupations - Renewal 5 56 57 59 Itinerant Food Establishment License 12 68 69 72 Liquor License - Investigation Fee: Investigations in state 2 8 500 500 500 Investigations out of state 0 914 932 967 Liquor License - Temporary On-Sale - Per Day 181 185 192 Motels: 1 - 15 Units 1 110 112 116 16 - 35 Units 2 150 153 159 36 - 100 Units 1 276 282 293 Over 100 Units 2 317 323 335 Motor Vehicle Repair License 49 143 146 152 Nonperishable Food Vehicle License 1 st Vehicle 2 68 69 72 Each Additional Vehicle 1 41 42 44 Fleet 1 157 160 166 Pawn Shop 1 9,260 9,260 9,612 Pending Assessment Search 170 43 44 46 Personal Service Business Premise License - New 1 643 656 681 Personal Service Business Premise License - Renewal 3 229 234 243 Personal Service Worker - Investigation Fee 1 120 122 127 Personal Service Worker - License 13 198 202 210 Potentially Haz. Food Vehicle Licensing 1 st Vehicle 3 162 165 171 Each Additional Vehicle 1 78 80 83 Fleet 1 462 471 489 'Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. 2 Maximum under state law is $oO0 effective with 2004 fee. 3 Set by ordinance adopted 9-10-90. RECORDS, ELECTIONS, AND LICENSES Service Charges Estimated Annual 2005 2006 2007 Volume Fee Fee Fee Second Hand Dealer License 4 325 332 345 Service Station License lst Pump 17 163 166 172 Each Additional Pump 101 14 14 15 Sewer Connection Permit 145 84 86 89 Solicitor License Base Charge 2 153 156 162 Each Solicitor 2 53 54 56 Special Food Handling Establishment 35 91 93 97 Swimming Pool License - Commercial Indoor 10 105 107 ill Outdoor 22 105 107 ill Combined 2 143 146 152 Tavern License 1 52 53 55 Taxicab License 72 73 76 Base Charge 1 54 55 57 Each Driver 1 24 24 25 Temporary Food and Beer License 31 48 49 51 Temporary Gambling Permit - Per Day 3 51 52 54 Theater License - Indoor 14 207 211 219 Theater License - Outdoor 0 507 517 537 Trailer Rental License lst Five Trailers 3 41 42 44 Each Additional License 13 13 Used Car Dealer License 111 296 1 302 1 313 pAsxCsum|aCTesS_eeAL 'Fee is reduced by $3 if the animal is spayed or neutered; or if the license is purchased by a senior citizen. 2 Maximum under state law is $oO0 effective with 2004 fee. 3 Set by ordinance adopted 9-10-90. Agenda Item 14 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: T.H. 61 Improvements, City Project 03 -07, Gulden's Irrigation System and Lot Restriping Reimbursement DATE: October 13, 2006 INTRODUCTION As part of City Project 03 -07, T.H. 61 Improvements, it is necessary that Gulden's be reimbursed $7,294.00 for the replacement of their lawn irrigation system that was removed due to road construction and for restriping of the front parking lot that was disrupted and damaged during 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 Gulden'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. Gulden's paid $6,836.00 to C. Mogren, Inc. for the replacement of their irrigation system per their attached invoice number 369 dated November 27, 2005. In addition, the boulevard restoration work damage existing parking lot striping that needed to be repaired in the amount of $458.00. Total payment authorization is $7,294.00. The damage done by the contractor of $458.00 was deducted from the payment to the contractor. RECOMMENDATION It is recommended that council approve payment of $7,294.00 to Gulden's for reimbursement of the cost to replace their lawn irrigation system and parking lot striping due to road construction as part of City Project 03 -07, T.H. 61 Improvements. Attachment: 1. C. Mogren Inc. Invoice 2. T.A. Schifsky Invoice SEP-18-2006 10:46 TA SCHIFSKY & SONS 651 777 5438 P.01/01 2370 E HIGHWAY 36 NO ST PAUL, NIN 55109 651-777-lZM' PHONE 691-777-7843 FAX TO: Brenda From: GALE RITZER Fax: 651-486-0346 pages. I -- Phone: Date: 9118/2006 Re. Parking lot striping C Q Front lot $458.00 Rear Lot $490-00 Let me knout if you need additional information. TOTAL P.01 C. M Inc* 1 7 805 Foxhill ' ,� a , 2 q� ::Date Invoice # 11/27/2005 369 Phone # Pax # kj< - 651- 777 -0846 651 -777 -3150 Bill To City of Maplewood Terms 30 Days Quantity Description Rate Amount Job site Guldens Restraunt Top Soil Charges 975.00 975.00 irrigation expansion 2,216.00 2,216.00 new control panel and wiring pushing two driveways Sleeving both Irrigating East end of building 650.00 650.00 debris removal 250.00 250.00 Highland sod installation 1,875.00 1,875.00 staking delivery clean up Grading and finish hand raking 870.00 870.00 Total $6,836.00 Agenda Item 15 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Jon Jarosch, Civil Engineer I SUBJECT: Cottagewood Public Improvements, City Project 06 -10: 1. Resolution for Modification of the Existing Construction Contract, Change Order 1, and payment of St. Paul Regional Water Services DATE: October 23, 2006 INTRODUCTION /SUMMARY The Cottagewood Public Improvement project, City Project 06 -10, includes the installation of new watermain beneath Highwood Avenue by Saint Paul Regional Water Services (SPRWS). The policy of SPRWS is to have the contractor pay them the cost of time and materials upfront. This policy was included in the existing construction contract for this project. The City of Maplewood would then reimburse Northdale for these costs. The contractor for this project, Northdale Construction, has stated that it is unable to pay these costs upfront. It is asked that the Council consider changing the existing construction contract such that the City would pay the costs associated with the watermain construction directly to SPRWS after it is constructed. This change in contract would aid in keeping this project on schedule. Background The changes described in Change Order 1 total $16,200. The changes are in the scope of improvements to: • The cost of time and materials for the installation of watermain beneath Highwood Avenue, $16,200, would be removed from the construction contract with Northdale Construction. These costs would instead be paid directly to SPRWS upon their completion. The original contract amount is for $147,019.11. Change order 1 will decrease the contract amount to $130,819.11. Budget Impact No change in the project budget for the Cottagewood Public Improvements, Project 06 -10 is required, as this change results in the same costs as were previously approved. The costs associated with the time and materials for the watermain are simply paid directly to SPRWS instead of through Northdale construction. RECOMMENDATION It is recommended that the city council approve the attached resolutions directing the modification of the existing construction contract for the Cottagewood Public Improvements, City Project 06 -10, as well as the payment of SPRWS for its' time and materials associated with the above referenced project. Attachments: 1. Resolution 2. change Order No. 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06 -10, CHANGE ORDER 1 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 06 -10, Cottagewood Public Improvements, and has previously approved 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 06 -10, Change Order No. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA THIS 23 DAY OF OCTOBER, 2006 that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 1 in the amount of $16,200.00. The revised contract amount is $130,81911 2. The mayor and city clerk are hereby authorized and directed to make payment to St. Paul Regional Water Services for time and materials associated with the Cottagewood Public Improvement, City project 06 -10, in an amount not to exceed $16,200.00. This payment shall occur following the satisfactory completion of said work. CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Cottagewood Public Improvements Project No.: 06 -10 Contractor: Northdale Construction Change Order No.: 1 Date: 10 -23 -2006 The following changes shall be made in the contract documents: Description Unit Quantity Price Total Saint Paul Regional Water Services Time and Materials for Installation Original Contract: $147,019.11 Net Change of Prior Change Order No. 1 to No. 1: ($16,200.00) Change This Change Order: ($16,200.00) Revised Contract: $130,819.11 TOTAL: ($ 16,240) Approved Mayor Recommended Agreed to by Contractor by Its LS (1) ($16,200) ($16,200.00) Engineer Title m m - �• AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D Improvements (White Bear to McKnight), City Project 01 -15, Acceptance of Project and Approve Final Payment on Construction Contract INTRODUCTION The construction of County Road D from White Bear Avenue to McKnight Road was completed in 2002. The contractor, T.A. Schifsky & Sons, has fulfilled their contract obligations. The city council will consider approving the attached resolution for acceptance of the project and for final payment to the contractor. Background Improvements to County Road D from White Bear Avenue to McKnight Road included the addition of concrete curb and gutter, reconstruction of street pavement and sanitary sewer, addition of water main, and improvements to the storm water drainage. The city is currently retaining $10,316.03 of funds owed to T.A. Schifsky & Sons, Inc. As a final resolution to this project, $2,800 has been deducted to cover the anticipated cost to replace a number of oak trees east of the Bruentrup Farm parking lot and to re -seed a portion of the prairie grasses adjacent to the open space trail. The final payment to T.A. Schifsky & Sons, Inc. will be $7,516.03 as mutually agreed upon. BUDGET IMPACT No revision to the project budget is required at this time since the final payment to T.A. Schifsky & Sons, Inc. is retainage withheld from previous payments. RECOMMENDATION It is recommended that the city council approve the attached resolution for acceptance of the project and release of retainage in the amount of $7,516.03. Attachments: 1. Resolution RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the County Road D (White Bear Avenue to McKnight Road) project, City Project 01 -15, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 01 -15 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. Agenda Item 17 -a AGENDA REPORT TO: Greg Copeland, City Manager FROM: Chuck Ahl, Public Works Director /City Engineer SUBJECT: County Road D West Improvements (TH 61 to Highpoint), City Project 02 -08: Resolution for Modification of the Existing Construction Contract, Change Order Nos. 5- revised and 9 (Palda Contract) DATE: October 13, 2006 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order Nos. 5- revised and 9. Background In September 2004, the city council approved the award of a construction contract to Palda & Sons, Inc., which included the construction of utilities and roadway for the entire County Road D West improvement. The County Road D West project did not begin as anticipated due to problems related to both the constructability of the Vadnais Heights sewer and the availability of the Troutland site. Negotiations with the contractor resulted in the elimination of the street construction and Vadnais Heights sanitary sewer portions of the contract. Subsequently, the eliminated roadway construction portion of Palda's contract was rebid in the spring of 2005, and a construction contract for the roadway was awarded to T.A. Schifsky & Sons. 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 as follows: Change Order 5- revised- $2,861.54: St. Paul Regional Water Services determined that 72 LF of 8" DIP watermain was installed too deep and had to be reinstalled by the contractor to the required 7.5 foot depth in order to avoid future maintenance issues for St. Paul Regional Water. The City's consulting engineer will assume the cost of this work through a reduction in the engineering fees equal to the amount of this change order. Change Order 9- $15,386.51: Several field modifications were required to construct storm sewer piping during November, 2004. Palda & Sons, Inc. experienced unproductive crew time due to the time necessary for city and consulting engineers to revise the structures and the grade. This change order compensates Palda for their downtime and additional materials installed subsequent to the field revisions. The City's consulting engineers will assume the cost of this work through a reduction in the engineering fees. Budget Impact No revision to the project funding is proposed since the consulting engineers will be responsible for the costs associated with Change Order Numbers 5- revised and 9. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 5- revised and 9, for the County Road D West Improvements (TH 61 to Highpoint), City Project 02 -08. Attachments: 1. Resolution 2. Change Order Nos. 5- revised & 9 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -08, CHANGE ORDER NUMBERS 5- REVISED AND 9 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -08, County Road D West Improvements (TH 61 to Highpoint), 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. 5- revised and 9, as an increase to said contract by an amount of $18,248.05.00, such that the new contract amount is now and hereby established as $753,748.20. 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. 5- revised and 9, as a contract increase in the amount of $18,248.05. The revised contract amount is $753,748.20. No revisions to the project budget are proposed at this time, as these changes fall within the revised budget approved by city council on December 12 2005. URS Copy City Copy Contractor Copy CHANGE ORDER NO. 5 (REVISED) DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -025 / 138- 020 -29 Project No, 02 -08 Contractor: Palda & Sons, Inc. Date: 2/7/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: St. Paul Regional Water Services determined a portion of newly installed 8" DIP watermain along realigned County Road D exceeded the Water Department's specifications for watermain depth. The Water Department directed the contractor to salvage and reinstall 72 LF of 8" DIP watermain to the required 7.5- foot cover depth. This work was necessary to avoid future maintenance issues for the Water Department. The cost of this work was determined according to Mn/DOT Specification (1904), Extra and Force Account Work The City of Maplewood denied payment for this work due to inspection and/or survey error. The City's consulting engineer agrees to assume the cost of this work through a reduction in engineering fees equal to the amount of the change order. The value of this work is $ 2,861.54. Contract Status Cost Original Contract $1,333,032.71 Net Change of Prior Approved Change Order No. 1 - 4 & 6 - 8 $ (597,532.56) Approved Revised Contract: $ 735,500.15 Change this Change Order: $ 2,861.54 Possible Revised Contract: $ 738,361.69 Approval 0 Its Title Approval 100% Local Funding Assistant State Aid Engineer (For Funding Approval Only) CO 95 (Rev.), Page 1 of 1 Agreed to by Contractor�l By �/ 0 0 3 N o_ t9 C � O C _T U) () � o 0 o U 0- D rt O F U Q W F Z O W U O m 7 U) OI W W W z W C7 - z U) I W Z O Q F r 0 0 O Z C) Z Z O Q U o r Q o LL O U fl- o F 0 � a O W LL E O J o Q Q o F E (n LL w O o Z } m Z_ OC w ° � � T LL c 02 0 0 w U U 2 H W F Q w a W O N m N O� Z 0 � O U Q O u) o 2 F O � O � m N N N 0 M 0 N O > 7 U iz LO O O 2E 0 0 0 Z [O W N N � m O O O w o Z W m LL L ? O U (4 LL O C N O O C) II d N W N _0 U C ' O N � O O U C L ` m E N C W L N N C > O 0 c m a n C L U m C N N U LO 9 N E C E 0 Z> E C L O N O Q C o `m U U L O N o m Q `o z cn �r 0 o v I-c�vm Dxc0[ iO v v v� O V r N N W r '- CV Q 69 U> 0 [) E9 69 69 69 fA 69 69 vol VT m 0) r r J Q Q a n mn 0 2 m » � n 65 F- ¢ Z uj O a 0 (D Y 10 0 a o o °o U 3 O In LL J N J ZUC7 W C, z a O_ J -1 LL co U O LL CO W H 2 X m m N U U w a r U) o° ° o ¢ a 0 o F 0 0 a LL o 2 2�-�¢ ~OZ 0o O U 0000 .oHO W LO L0.5 W Q F NN N O N N J o0 H w a L O j a p aor �a a.o o z ao�o C ) ¢ o o W (0 LLW U arN1- C7 z O w F Q EC g ix OF W U a F OF F a z y It ujr o O F a O U _ J i V) N U C) O a F O O Q W ' O D } LU IL � ^Z a F Z Y J tea J n. z a (� O W (n U V w w -j a } a. a ¢ Q W J O F U O w n O Q- Q U O F 69 64 a Q Q j J O w S2 (n (n LL 2 m z am 0 m >, t o �- CO mNmvLor-_ m N r I LO r N m rN O m o r r m o N m 0 100 �t m a Z [h V C7 Lfl r O N .- m [7 LO N Co m V LO Co m LO C 0) O c0 LO V (0 Q 69 Ef) 69 Q� 69 69 69 69 6`3 69 69 64 Ef3 69 69 EA W F LO Q t` o7 LO Co t N N r` Co O r LO C0 o 0 O CO m m n 0 LO m co 0 LL N g N V N 't N V N co N M Q 2 69 69 64 69, EA 69 69 (fl 69 69 69 69 - 69' LO O LO 0 (o O 7 LO O 't LO N LO LO O O In LO Co O LO CO CO m O 2 w O O O O J O U W U) F O FC7 C7JJ1� �E UU F (0 W Z m m m m m m rn ' 3: 3: O W o< C} 0 0 N 0 0 N (N 0 0 N N 0 0 N N o m N m " Q F co U) (n O O O 0 0 0 0 0 0 0 r J O m ro ro m m a a m r r 0 0 W m LL N N N N N N N N m r r m w Q X U 1-- 2"6 o O 0000000 g Q Q F LL o [i U ti U ti ti 6 b a F w W W W W w w w W d D- J J W J O J W J O r m r c Q F o Q F- ft O m O w ¢ O W Q F n F U O CO M z a 0 O z z 2 a J Ak F (n IL (n LL - r O C N O O C) II d N W N _0 U C ' O N � O O U C L ` m E N C W L N N C > O 0 c m a n C L U m C N N U LO 9 N E C E 0 Z> E C L O N O Q C o `m U U L O N o m Q `o z cn CHANGE ORDER NO. 9 URS Copy City Copy DEPARTMENT OF PUBLIC WORKS Contractor Copy CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62- 619 -025 / 138- 020 -29 Project No. 02 -08 Contractor: Palda & Sons, Inc. Date: 9/15/06 In accordance with the terns of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Several field modifications required to construct and connect the drop structure (A3), the splitter structure (A2) and connective storm sewer piping occurred in November 2004. When engineers from URS, SEH, and the City of Maplewood took time to revise structures and grades, Palda & Sons, Inc. experienced unproductive crew time, for which all parties agreed Palda was due compensation. This change order compensates Palda for their downtime and pays for additional materials Palda installed subsequent to the field revisions. The work was performed in accordance with Mn/DOT Specification (1904) Extra and Force Account Work as specified by the provisions of the contract. The City of Maplewood, URS and SEH determined responsibility for the costs and adjusted engineering fees due the consultants accordingly. The value of this change order is $ 15,386.51. Contract Status Cost Original Contract: $ 1,333,032.71 Net Change of Prior Approved Change Order No. 1 — 4 & 6 — 8 $ (597,532.56) Approved Revised Contract: $ 735,500.15 Net Change of Prior Pending $ 2,861.54 Change Order No. 5 Rev. Change this Change Order: $ 15,386.51 Possible Revised Contract: $ 753,748.20 Approval Approv Agreed to by ContractV By Its itle Approval No funding re uested Assistant State Aid Engineer (For Funding Approval Only) C.O. #9, Page 1 of 1 Z O a o z CL Z O Q U cr LL Q O U F Ir ,_o w LL D � F a O U) LL w O Z cc 5i Q U- 0 F Q U) f-- O C0 7 m N CD � to m m M M cD Z (h o 't co tfJ m m r N CV ED (C Z O m to m N N N m N m O N p Q y 5 V eF Q Ffl E9 E9 Efl (fj 69 Eta Fli E9 ER Ef3 � Eli N fA M m t` r- m m r� J Q o V� N O d' M) Q O Q F m Eta Efl E9 65 (9 E9 6 E9 U Uj N N E O o 0 o 2 u) Lo u) Lo N N N N S a ~ w � ¢ U z N o v 0 FO ° ° O N O N O Z 0 M m N m N z ¢ ~ V X O 7 X a O r d c W W o W C o U O w (n o (n w ro m=[C ¢ Q N V a °o ¢ o E °o ° w o ° o ¢ > oo 7d oo ' O n O O O O Y N N 0 Y N N O Z O U J z m �° w i z ro o o w s � w� Z mmW (n m co LL n °zQ0 f- c� °— -C uj Q v O n. 0 F o 0 00 o c Q z 7 w m O O j o o ¢ cnaw0¢rNf- (S z 0 a fH Eta Efl (t) w Q W Q Q J a I.- a F- a � ° Fm} u o a O W z F o a° O¢ J to N F- U F- O U ¢CaJ @to z z D }w ¢n. 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CD N� m IR z rr (D co ui o o.- of o o 0 N N N N N 02 Q 69 EA EA Efl Efl Efl 69 EA En FA E+9 Ery EfJ 69 fA I O r c0 m N co Q) ¢ W r N r Eo N N M LD N N ai o 0 >- CO w ffl EA H3 Efl Efl Efl u) co Q En 'W "o o o o 2 h r N N D 0 0 U w 0 ~ N o O n w Z W U (9 Q y o p o o Q 3: i- u) EU o o� J O y m ro m m w m a- 7 Q C E N N w m W Q a F°° C b 2 0 0 o o Q I- LL o E 0 J 11 W W J J Er W J 0 J W J 0 W o > F o Q m N 0 0.. N .- ¢ O o p w ¢ O W Q u)I- C7 O :D Q o 0 a J F u) LL w w J `o 0 0 m c m 0 U a a s a a � U C C N t6 - O � � U C N N j c N E W Y . c N C T O O 9 U V N C U m C N UI U N m D '- N Q b 0 E m E c c o U) : L O N O Q C C o N U U Y 0 s a `o z co Agenda Item 17 -b AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: County Road D East Improvements- (TH 61 to Southlawn), City Project 02 -07, Resolution for Modification of the Existing Construction Contract (Change Orders 29 -31) DATE: October 12, 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. 29 -31, 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 28 were approved during the past 2 years in the amount of $545,570.01 with the majority of the change orders for the construction of the Bruce Vento Trail. Change Orders 29 through 31 are listed on the attached change order forms and are summarized as follows: Change Order 29 ($1,578.50) In order to provide suitable growing conditions for seeding, the center medians on County Road D between T.H. 61 and Hazelwood Street were tilled and herbicide was applied. Funding is provided from the City's MSAS Account. Change Order 30 ($2,977.25) Before the final lift of asphalt was paved on Hazelwood Street, a bituminous patch was required between asphalt placed in 2005 and the curb and gutter poured in 2006. Funding is provided from the City's MSAS Account. Change Order 31 ($6,505.87) Shafer Contracting, Inc.'s contract with their ready -mix supplier expired on December 31, 2005. Because Shafer could not control the 2006 completion date, increased fuel and material price increases in 2006 were passed on to Shafer. Funding is provided from the City's MSAS Account. The total amount of Change Orders 29 through 31 would increase the construction contract by $11,061.62. The revised contract amount would be $2,920,958.14. Budget Impact The budget will be impacted by the approval of Change Orders 29 through 31. Funding from MSA will need to be increased by approximately $11,000 from $3,784,000.00 to $3,795,000.00. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 29 through 31, for the County Road D East Improvements (T.H. 61 to Southlawn), City Project 02 -07. Attachments: 1. Resolution 2. Change Order Nos. 29 -31 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -07, CHANGE ORDER Nos. 29 through 31 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02 -07, County Road D East Improvements (TH 61 to Southlawn), 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. 29 through 31, as an increase to said contract by an amount of $11,061.62, such that the new contract amount is now and hereby established as $2,920,958.14. 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. 29 through 31 as a contract increase in the amount of $11,061.62. The revised contract amount is $2,920,958.14. 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 $ 3,795,000.00 TOTAL: $ 5,661,189.58 $ 5,681,397.93 URS Copy City Copy CHANGE ORDER NO. 29 contractor Copy r � � � Copy DEPARTMENT OF PUBLIC WORDS 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 Contractor: Shafer Contracting Company, Inc. Date: 8/22/06 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Shafer Contracting Company, Inc.'s subcontractor, Groundscape Maintenance, was requested to rototill and apply herbicide in the County Road D center medians between T.H. 61 and Hazelwood Street. This preparatory work was necessary to provide suitable growing conditions for subsequent seeding. The Mn/DOT Estimating Office approved pricing submitted by Groundscape. A prime contractor mark -up of ten percent is allowed. The value of this change order is $ 1,578.50 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 - 28 $ 12,045.65 Change this Change Order: $ 1,578.50 Possible Revised Contract: $2,911,475.02 Approval LUllb' 111GG1 Agreed to by Contractor C.O. #29, Page 1 of 2 CHANGE ORDER NO. 29 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. 29 STATE AID PARTICIPATION SUMMARY $ 1,578.50 Turf restoration for this project is eligible to participate in state aid funding as follows: Category County Road D Roadway S.A.P. Differentiation 100% S.A.P. 138 - 121 -03 Fraction Amount 1.00 $ 1,578.50 Amount of Change Order No. 29 Eligible for State Aid Participating Funds $ 1,578.50 C.O. #29, Page 2 of 2 URA Copy City Copy Contractor Copy LA CHANGE ORDER NO. 30 - - , D_ .Copy 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 perform the Work as altered by the following provisions: Before the final lift of asphalt was paved on Hazelwood Street, a narrow, irregular width bituminous_ patch was required to fill the gap between asphalt placed in 2005 and curb and gutter poured in 2006. Frattalone Paving, Inc. performed this work in accordance with Mn/DOT Specification (1904) Extra and Force Account Work as required by the City of Maplewood. A prime contractor mark -up of ten percent is included in the total amount of the change order. The value of this change order is $ 2,977.25 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 - 29 $ 13,624.15 Change this Change Order: $ 2,977.25 Possible Revised Contract: $2,914,452.27 Approval Engineer Agreed to by Contractor By Its g Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. 930, Page 1 of 2 CHANGE ORDER NO. 30 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. 30 STATE AID PARTICIPATION SUMMARY $ 2,977.25 Asphalt paving for this project is eligible to participate in state aid funding as follows: Category S.A.P. Differentiation Fraction Amount Hazelwood Street Roadway 100% S.A.P. 138 - 112 -05 1.00 $ 2,977.25 Amount of Change Order No. 30 Eligible for State Aid Participating Funds $ 2,977.25 C.O. 430, Page 2 of 2 URS COPY City GoPy Contractor Copy CHANGE ORDER NO. 31 ` - C - copy 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 perform the Work as altered by the following provisions: Shafer Contracting Company, Inc's contract with their ready -mix supplier, Cemstone Ready Mix, Inc., expired on December 31, 2005. Increased fuel and material prices in 2006 caused Cemstone to increase Shafer's cost of ready mix for all 2006 work by $ 4.00 per cubic yard. Between April 27, 2006 and July 21, 2006, 1328 cubic yards of concrete were placed on the County Road D / Hazelwood Street project. Because Shafer could not control the 2006 completion date, this change order covers the cubic yard price increase, sales tax paid on the increase, and a material allowance of 15 %. The value of this change order is $ 6,505.87. 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 - 30 $ 16,601.40 Change this Change Order: $ 6,505.87 Possible Revised Contract: $2,920,958.14 Approval By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #31, Page 1 of 2 Agreed to by Contractor CHANGE ORDER NO. 31 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. 31 STATE AID PARTICIPATION SUMMARY $ 6,505.87 Concrete cost escalations for this project are eligible to participate in state aid funding as follows (Of the 1328 cubic yards of concrete placed in 2006, 197 CY were placed on Hazelwood Street): Category County Road D Roadway S.A.P. Differentiation 100% S.A.P. 138 - 121 -03 Hazelwood Street Roadway 100% S.A.P. 138 - 112 -05 Fraction Amount 0.85 $ 5,529.99 0.15 $ 975.88 Amount of Change Order No. 31 Eligible for State Aid Participating Funds $ 6,505.87 C.O. 93 1, Page 2 of 2 \ d \ CC ~ £ ?SE � w <� sm �RUA 0 /? \ §T r d dw» rY ROAD D d� kE ƒ° d \ d NT m m - �� AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Springside Drive Improvements, City Project 03 -36, Resolution Approving Final Payment and Acceptance of Project. DATE: October 13, 2006 INTRODUCTION The construction of the Springside Drive extension was completed in July, 2006. The contractor, T.A. Schifsky & Sons, Inc., has fulfilled their contract obligations. The city council will consider approving the attached resolution for acceptance of the project and for final payment to the contractor. Background Springside Drive was extended approximately 250 feet to provide access to a developable property which has been subdivided into two new lots. Sanitary sewer, water main and storm sewer were also constructed as part of the improvement. There were two minor overruns on top soil and sod which were approved as Change Order No. 1 by council at the July 24, 2006 meeting. Budget Impact At this time no budget revision is requested. When the project is ready to be closed out, a final budget recapitulation will be done and a request made at that time. RECOMMENDATION It is recommended that the city council approve the attached resolution for acceptance of the project and release of the final payment to T.A. Schifsky & Sons, Inc. in the amount of $3,532.54. Attachments: 1. Resolution 2. Location Map RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Springside Drive Improvements project, City Project 03 -36, is complete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 03 -36 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. rr LONDIN LN. f n RAMSEY COUNTY CORRECTIONAL FACILITY Crestview Park �,_� )ND XX L iN 0 < KING ST. 0 MAI LAND .............. -------- - ------------ - K- < DID ' ry 0 ry o n n ; C/) Mailand V Vista Hills Park Park I 0 Lij TEAKWOOD,, DR. OAKRI D R. Li HILLWOOD w -- - - - ---------- • - - - ----- ---- 2. DR. SPR 11DE o HL AVE. L/NW ........ Cbb ry ry o n / - 0 ry TINARFR; I (n Z C� Ill . LJ P ROM ` 9NT ORy 0 Z cv plewood BVLD \—PROJECT / / - R - ED ( SPLENDER LOCATION \ \ CIR. Exhibit 1 Project Location Springside Drive Extension, C.P. 03-36 West of Sterling St. D' , 0 DAY � MARY LN- IS -m > LN. PONDS OF Q 01 DAY i >- BATTLE CREEK < r GOLF CIR. I COURSE CD 1. CRESTVIEW > < FOREST p, DR. 1 2. 2. DEER RIDGE LN. O ry k! HIS �� '041�RIDGE CT �� ��o� LLJ f y LINWOOD AVE. - ---- - ---- - ---- - ---- r== r== AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Public Works Building Addition, City Project 03 -19, Authorization to Pay for Office Equipment. DATE: October 13, 2006 INTRODUCTION Council approval is requested to pay $13,406.93 to Interim Inc. for office furniture for the new areas of the Public Works building addition. i • Council approved a quote of $16,648.33 from Intereum, Inc. at the June 26, 2006 meeting for the purchase of furnishings for the crew chief work stations, the superintendent offices and a new conference room. The invoice for $13,406.93 does not include the conference room table and chairs which were paid from the Building Operations budget. BUDGET IMPACT This is a budgeted item approved by council at the June 26, 2006 council meeting. Funds are available within the Public Works Building Addition fund. RECOMMENDATION It is recommended that the city council approve payment of $13,403.93 to Intereum Inc. for furniture for the Public Works Building addition. AGENDA REPORT •E- •. 1 TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Steve Kummer, Civil Engineer II SUBJECT: Hazelwood Area Street Improvements, City Project 03 -18, Resolution for Acceptance and Final Payment of Project DATE: October 9, 2006 INTRODUCTION The construction of the Hazelwood Area Street Improvements, north of Highway 36 began in 2003 and was completed in 2004. The contractor, T.A. Schifsky & Sons, has fulfilled their contract obligations. The city council will consider approving the attached resolution for acceptance and final payment of the project. Background The Hazelwood Area Street Improvement Project was a project area that is generally bounded by County Road C to the north, Highway 36 to the south, Hazelwood Street to the west and Flandrau Street and Four Seasons Park to the east as shown in attached Exhibit 1. Residential Streets included in the project were Viking Drive, Grandview Avenue, Barclay Street, Sextant Avenue, Brooks Avenue, Demont Avenue, Germain Street and Flandrau Street. One arterial street, Hazelwood Street, was also reconstructed from County Road C to Highway 36. Improvements to the neighborhood streets included the addition of concrete curb and gutter, reconstruction of street pavements, sanitary sewer and watermain repair /replacement work, and improvements to the existing storm water drainage in the area. Budget Impact Although the final construction cost has exceeded the original bid amount, the overall project costs are expected to come in at 95 -98% of the project budget. At this time there are still a few miscellaneous project costs still pending, such as final costs associated with a residential driveway issue and some sod replacement. No revision to the project funding is proposed. These costs all fall within the original project budget. RECOMMENDATION It is recommended that the city council approve the attached resolution for acceptance of the project. Attachments: 1. Resolution 2. Project Payment Request RESOLUTION ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Hazelwood Area Street Improvements, City Project 03 -18, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 03 -18 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. HAZELWOOD AREA STREET IMPROVEMENTS, PROJECT 03 -18 STREET AND UTILITY IMPROVEMENTS PROJECT PAYMENT REQUEST ESTIMATE NO. FINAL CONTRACTOR: T.A. SCHIFSKY & SONS, INC. ITEM DESCRIPTION PERIOD ENDING: MAY 30, 2006 CONTRACT AMOUNT: $1,540,072.23 EST. QUANTITY UNIT UNIT QUANTITY TO DATE PRICE TOTAL 2021.501 MOBILIZATION (5% MAXIMUM) LS 1 1.00 $45,000.00 $45,000.00 2104.501 REMOVE RCP OR CMP STORM SEWER PIPE LF 192 159.00 $8.61 $1,368.99 2104.501 REMOVE CONCRETE CURB AND GUTTER LF 645 930.50 $1.50 $1,395.75 2104.503 REMOVE CONCRETE SIDEWALK SF 684 1,060.50 $1.50 $1,590.75 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT SY 3,949 3,949.00 $1.55 $6,120.95 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT SY 1,335 1,822.00 $1.55 $2,824.10 2104.509 REMOVE SANITARY OR STORM SEWER MANHOLE CASTING EACH 21 24.00 $30.00 $720.00 2104.509 REMOVE DRAINAGE STRUCTURE AND CASTING (CB, MH,CB /MH OR FES) EACH 6 6.00 $355.45 $2,132.70 2104.511 SAWING CONCRETE PAVEMENT (INCLUDES DRIVES,WALKS AND CURB AND GUTTER) LF 1,064 1,319.00 $2.50 $3,297.50 2104.513 SAW BITUMINOUS DRIVEWAY PAVEMENT LF 2,052 1,870.50 $1.50 $2,805.751 2104.521 SALVAGE CHAIN LINK FENCE LF 30 10.00 $5.50 $55.00', 2104.604 SALVAGE BRICK PAVER DRIVEWAY SY 70 62.93 $3.00 $188.79 2105.501 COMMON EXCAVATION, CY (EV) (P) (SEE EARTHWORK SUMMARY -SHT. 7) CY 17,829 18,103.00 $6.55 $118,574.65 2105.507 SUBGRADE EXCAVATION, CY (EV) (SEE EARTHWORK SUMMARY -SHT. 7) CY 1,944 1,944.00 $5.65 $10,983.60 2105.515 UNCLASSIFIED EXCAVATION, CY (EV) (P) (SEE EARTHWORK SUMMARY -SHT. 7) (INCL. RAINWATER GARDEN BEDDING & PREP.) CY 1,810 1,780.30 $5.15 $9,168.55 2105.522 SELECT GRANULAR BORROW, CY (CV) (SEE EARTHWORK SUMMARY -SHT. 7) CY 250 250.00 $8.24 $2,060.00 2105.526 SELECT TOPSOIL BORROW, CY (LV) (SEE EARTHWORK SUMMARY -SHT. 7) CY 4,828 4,394.00 $11.33 $49,784.02 2105.607 TRENCH REPLACEMENT BACKFILL CY 2,690 493.00 $0.01 $4.93'', 2123.610 STREET SWEEPER WITH PICKUP BROOM HOUR 100 100.00 $85.00 $8,500.00 2130.501 WATER FOR DUST CONTROL M GAL 255 353.50 $25.00 $8,837.50 2211.501 AGGREGATE SUFFACRJG, CLASS 5 (10D ° ,v CRUSHED LIMESTONE) FOR DRIVEWAYS TON 71 22.86 $18.00 $411.48 2211.501 AGGREGATE BASE CL. 6 FOR STREETS TON 23,613 23,536.71 $8.25 $194,177.86 2211.501 AGGREGATE BASE CLASS 6 FOR DRIVEWAYS, TRAILS AND WALKS TON 2,507 2,359.68 $9.50 $22,416.96 2232.603 MILL BITUMINOUS SURFACE, 1.5 DEPTH @ MINIMUM 6" WIDE LF 1,552 1,428.00 $1.60 $2,284.80 2331.603 BITUMINOUS JOINT SAW AND SEAL LF 6,591 10,693.00 $1.29 $13,793.97 2340.508 TYPE 41 WEARING COURSE MIXTURE (41 WEA50055B) TON 3,454 3,342.02 $33.00 $110,286.66 2340.514 TYPE 32 BASE COURSE MIXTURE (32BBB50000B) TON 4,292 3,889.68 $32.00 $124,469.76 2340.521 TYPE 41 BITUMINOUS MIXTURE FOR RESIDENTIAL DRIVEWAYS (41WEB50055L) SY 4,147 4,180.33 $7.50 $31,352.48 2340.521 TYPE 41 BITUMINOUS MIXTURE FOR COMMERCIAL DRIVEWAYS (41 WEB50055L) SY 33 188.80 $10.50 $1,982.401, 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL 1,849 1,849.00 $1.20 $2,218.80', 2411.605 DRY -CAST SEGMENTAL MASONRY RETAINING WALL SF 520 657.60 $16.50 $10,850.40', HAZELWOOD AREA STREET IMPROVEMENTS, PROJECT 03 -18 STREET AND UTILITY IMPROVEMENTS PROJECT PAYMENT REQUEST ESTIMATE NO. FINAL CONTRACTOR: T.A. SCHIFSKY & SONS, INC. PERIOD ENDING: MAY 30, 2006 CONTRACT AMOUNT: $1,540,072.23 2503.601 REPAIR 8" VCP SS MAIN WITH 8" PVC & 2 -8 "VCPx8 "PVC FERNCOS WITH LS 1 1.00 $847.43 $847.43 STAINLESS STEEL SHEAR RINGS AS PER PLATE 409, 2503.602 F & I- 8 "x4" PVC WYE, 8" PVC & 2 -8 "VCPx8 "PVC FERNCOS WITH SHEAR RINGS. EA 3 3.00 $2,100.00 $6,300.00 CUT WYE INTO EX. 8" VCP SS MAIN AS PER PLATE 409. 2503.603 4" PVC, SCHEDULE 40 SANITARY SEWER SERVICE (NEW AS PER PLATE 410 & LF 110 274.00 $27.30 $7,480.20 REPLACEMENT AS PER PLATE 410A OR 4108) 2503.603 6" PVC, SCHEDULE 40 SANITARY SEWER SERVICE (NEW AS PER PLATE 410 & LF 960 622.60 $28.25 $17,588.45 REPLACEMENT AS PER PLATE 410A OR 4106) 2503.603 PIPE BEDDING FOR 4" OR 6" PVC LF 545 0.00 $0.01 $0.00 2504.602 WATER UTILITY HOLE (EXCAVATE & BACKFILL) EA 18 18.00 $502.25 $9,040.50 2504.602 ADJUST VALVE HOUSING, WATER EA 25 25.00 $110.00 $2,750.00 2504.602 REPAIR VALVE HOUSING, WATER EA 3 6.00 $250.00 $1,500.00 2504.602 ADJUST CURB STOP HOUSING, WATER EA 88 15.00 $45.00 $675.00 2504.602 REPAIR CURB STOP HOUSING, WATER EA 9 5.00 $400.00 $2,000.00 2504.602 INSTALL CURB STOP OR VALVE BOX COVER AS FURNISHED BY THE SAINT EA 25 17.00 $85.00 $1,445.00 PAUL REGIONAL WATER SERVICES 2504.603 HORIZONTAL DIRECTIONAL BORING FOR 2" COPPER WATER MAIN LF 270 0.00 $27.65 $0.00 2504.603 WATER UTILITY MAIN TRENCH (EXCAVATE & BACKFILL) LF 358 519.00 $13.00 $6,747.00 2504.603 WATER UTILITY SERVICE TRENCH (EXCAVATE & BACKFILL) LF 60 90.00 $13.40 $1,206.00 2504.603 PIPE BEDDING FOR WATER MAIN LF 254 0.00 $0.01 $0.00 2504.604 F & I - 2" RIGID INSULATION OVER WATER SERVICE OR MAIN SY 383 284.00 $11.77 $3,342.68 CONSTRUCT DRAINAGE STRUCTURE, SPECIAL DESIGN 27" SURFACE DRAIN EA 2 2.00 $1,398.90 $2,797.80 2506.502 W/ R -4342 STOOL GRATE CONSTRUCT DRAINAGE STRUCTURE, DESIGN 27" SURF. DRAIN OR MH W/ R- EA 2 1.00 $942.77 $942.77 2506.502 1422 -0004 FRAME & R- 2422 -0009 RADIAL GRATE 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 2'x 3' BOX CB W/ R- 3067 -V OR R- EA 24 24.00 $1,096.67 $26,320.08 3290 -A FRAME & GRATE 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 48" MH W/ R- 1422 -0004 FRAME & EA 10 12.00 $1,448.75 $17,385.00 R- 2422 -0009 RADIAL GRATE 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 48" CB /MH W/ R- 3067 -V OR R- EA 22 21.00 $1,286.33 $27,012.93 3290 -A FRAME & GRATE CONSTRUCT DRAINAGE STRUCTURE, DESIGN 84" CB -MH W/ R- 3067 -V FRAME & EA 1 1.00 $3,086.87 $3,086.87 2506.502 GRATE 2506.503 RECONSTRUCT DRAINAGE STRUCTURE, DESIGN 48" MH W/ NEW COVER SLAB EA 1 1.00 $778.73 $778.73 F &I CASTING ASSEMBLY LOW PROFILE (4 ") R- 1422 -0004 FRAME & R- 1422 -A1 LID EA 2 0.00 $336.00 $0.00 2506.516 FOR SANITARY SEWER MANHOLE 2506.516 F &I CASTING ASSEMBLY R- 1422 -0004 FRAME & R- 1422 -A1 LID FOR SANITARY EA 21 25.00 $336.00 $8,400.00 SEWER MANHOLE F &I CASTING ASSEMBLY R- 1422 -0004 FRAME & R- 2422 -0009 RADIAL GRATE EA 1 2.00 $336.00 $672.00 2506.516 FOR STORM SEWER MANHOLE ADJUST FRAME AND RING CASTING FOR STORM SEWER CATCH BASIN OR EA 3 2.00 $220.00 $440.00 2506.522 CATCH BASIN /MANHOLE 2506.522 ADJUST FRAME AND RING CASTING FOR STORM SEWER MANHOLE EA 3 1.00 $220.00 $220.00 2506.522 ADJUST FRAME AND RING CASTING FOR SANITARY SEWER MANHOLE EA 16 12.00 $220.00 $2,640.00 2506.602 RECONSTRUCT SANITARY SEWER MANHOLE EA 1 3.98 $887.55 $3,532.45 2506.602 CONNECT TO EXISTING DRAINAGE STRUCTURE EA 9 10.00 $649.05 $6,490.50 HAZELWOOD AREA STREET IMPROVEMENTS, PROJECT 03 -18 STREET AND UTILITY IMPROVEMENTS PROJECT PAYMENT REQUEST ESTIMATE NO. FINAL CONTRACTOR: T.A. SCHIFSKY & SONS, INC. PERIOD ENDING: MAY 30, 2006 CONTRACT AMOUNT: $1,540,072.23 2511.502 RANDOM RIPRAP, CLASS II TON 95 121.27 $79.86 $9,684.62 2511.515 GEOTEXTILE FILTER, TYPE III SY 180 317.00 $1.20 $380.40 2521.501 4" CONCRETE WALK SF 3,592 3,811.80 $2.92 $11,130.46 2521.604 UNCOLORED TRUNCATED DOME PEDESTRIAN RAMP EA 4 4.00 $309.00 $1,236.00 2531.501 CONCRETE CURB AND GUTTER, DESIGN B612, B618, S518, RIBBON OR TRANSITION LF 23,833 24,269.00 $7.66 $185,900.54 2531.501 CONCRETE CURB AND GUTTER, DESIGN VALLEY GUTTER FOR COMMERCIAL ENTRANCE LF 40 37.00 $19.57 $724.09 2531.507 6" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL SY 1,671 1,671.00 $32.86 $54,909.06 2531.604 REINSTALL SALVAGED BRICK PAVER DRIVEWAY SY 70 0.00 $55.62 $0.00 2540.602 REINSTALL MAILBOX SUPPORT (SALVAGED) EA 97 89.00 $28.00 $2,492.00 2540.602 FURNISH & INSTALL MAILBOX SUPPORT (SINGLE) EA 31 17.00 $85.00 $1,445.00 2540.602 FURNISH & INSTALL MAILBOX SUPPORT (DOUBLE) EA 9 21.00 $105.00 $2,205.00 2557.603 REINSTALL SALVAGED CHAIN LINK FENCE LF 30 10.00 $5.50 $55.00 2563.601 TRAFFIC CONTROL LS 1 1.00 $4,950.00 $4,950.00 2571.601 RECONDITION ISLANDS @ HAZELWOOD ST. / GERVAIS AV. INTERSECTION LS 1 1.00 $950.00 $950.00 2571.602 RAINWATER GARDEN PREPARATION EACH 44 40.00 $309.00 $12,360.00 2571.602 0.5 ACRE RAINWATER GARDEN PREPARATION IN FOUR SEASONS PARK EACH 1 1.00 $19,825.00 $19,825.00 2571.603 ROCK INFILTRATION SUMP FOR RAINWATER GARDEN OR PARK POND WITH TYPE V GEOTEXTILE FABRIC TON 200 138.40 $20.60 $2,851.04 2573.502 SILT FENCE, TYPE PREASSEMBLED LF 2,480 2,163.00 $1.55 $3,352.65 2573.505 INSTALL CITY PROVIDED FLOTATION SILT CURTAIN, TYPE STILL WATER, 2' DEPTH LS 1 1.00 $1,030.00 $1,030.00 2573.512 TEMPORARY DITCH CHECK, TYPE 3 BIOROLL BLANKET SYSTEM (12" DIA.) LF 250 300.00 $3.09 $927.00 2573.520 SEDIMENT REMOVAL, BACKHOE HR 8 12.81 $103.00 $1,319.43 2573.530 INLET PROTECTION, TYPE A EA 7 4.00 $72.10 $288.40 2573.530 INLET PROTECTION, TYPE B EA 2 1.00 $72.10 $72.10 2573.530 INLET PROTECTION, TYPE C EA 13 15.00 $165.00 $2,475.00 2573.530 INLET PROTECTION, TYPE D EA 2 0.00 $165.00 $0.00 2573.601 EROSION CONTROL, CONTRACTOR'S PLAN (1!2% MIN) LS 1 1.00 $10,000.00 $10,000.00 2573.602 F &I AND MAINTAIN ROCK ENT. PAD @ 75'x12' EA. (100 SY) INCL. 1.5" ROCK @ 8" DEEP (40 T) & TYPE V GEO. FABRIC (140 SY) EA 10 21.50 $515.00 $11,072.50 HAZELWOOD AREA STREET IMPROVEMENTS, PROJECT 03 -18 STREET AND UTILITY IMPROVEMENTS PROJECT PAYMENT REQUEST ESTIMATE NO. FINAL CONTRACTOR: T.A. SCHIFSKY & SONS, INC. PERIOD ENDING: MAY 30, 2006 CONTRACT AMOUNT: $1,540,072.23 2575.502 SEED MIXTURE 310 (NATIVE WET TALL) WITH SEDGES FOR SEEDING LB 25 50.00 $13.00 $650.00 RAINWATER GARDEN IN CITY PARK SEED MIXTURE 350 (NATIVE GENERAL ROADSIDE) WITH SE FORBS FOR LB 18 125.00 $2.00 $250.00 2575.502 SEEDING RAINWATER GARDEN PERIMETER IN CITY PARK SEED MIXTURE 270 (RESIDENTIAL TURF) FOR OVERSEEDING SODDED AREAS LB 368 528.25 $3.40 $1,796.05 2575.502 AND OTHER TURF ESTABLISHMENT AREAS 2575.505 SODDING, TYPE LAWN SY 47,478 38,550.00 $2.00 $77,100.00 2575.505 SODDING, TYPE EROSION CONTROL SY 234 270.00 $3.09 $834.30 EROSION CONTROL BLANKET, CATEGORY 1 (RD -1S) OR CATEGORY 3 (2S), SY 5,500 14,000.00 $1.42 $19,880.00 2575.523 STRAW OR WOOD FI BER, (NET FREE) EROSION STABILIZATION BLANKET, TYPE 1 (NORTH AMERICAN GREEN C -350, SY 94 200.00 $515 $1,030.00 2575.525 ENKAMAT, OR EQUAL) 2575.532 COMMERCIAL FERTILIZER, ANALYSIS 20 -0 -10 OR 10 -0 -20 LB 085 2,084.00 $0.43 $896.12 TURF EST. W/ SEED MIX 310 (NATIVE WET TALL) @ 82 # / ACRE FOR SY 0 1,200.00 $2.78 $3,336.00 2575.604 RAINWATER GARDEN IN CITY PARK P1,5000 TURF EST. W/ SEED MIX 350 (NATIVE GENERAL ROADSIDE) @ 86 # / ACRE FOR SY 000 1,200.00 $1.94 $2,328.00 2575.604 RAINWATER GARDEN PERIMETER IN CITY PARK TURF EST. W/ SEED MIX 270 (RESIDENTIAL TURF) @ 120 # / ACRE FOR CITY SY 3,000 11,600.00 $1.94 $22,504.00 2575.604 PARK AND CONSTRUCTION YARD 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT (PRIVATE) SY 379 379.00 $2.00 $758.00 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT AND /OR WALK (PRIVATE) SY 85 85.00 $2.00 $170.00 SUBGRADE EXCAVATION, CY (EV) FOR PRIVATE DRIVEWAYS, BIT. OR CONC. CY 13 13.00 $10.30 $133.90 2105.507 (ESTIMATED @ 0.5' DEPTH) 2211.501 AGGREGATE BASE CL. 6 FOR PRIVATE DRIVEWAYS & WALKS TON 189 189.00 $15.00 $2,835.00 TYPE 41 BITUMINOUS MIXTURE FOR DRIVEWAYS (41 WEB50055PG64 -22) SY 412 412.00 $9.00 $3,708.00 2340.521 (PRIVATE) 2521.501 4" CONCRETE WALK (PRIVATE) SF 27 27.00 $5.00 $135.00 2531.507 6" CONCRETE DRIVEWAY PAVEMENT, RESIDENTIAL (PRIVATE) SY 82 82.00 $38.00 $3,116.00 SCHEDULE A - BID FOR HDPE PIPE STORM SEWER AND BEDDING 15" CORR. SMOOTH WALL HDPE PIPE APRON W/ SAFETY GRATE & TYPE V EA 1 1.00 $253.46 $253.46 2501.515 GEOTEXTILE WRAP 24" CORR. SMOOTH WALL HDPE PIPE APRON W/ SAFETY GRATE & TYPE V EA 1 1.00 $359.85 $359.85 2501.515 GEOTEXTILE WRAP 2503.511 12" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF 1 1979.00 $18.09 $35,800.11 2503.511 15" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF 799 909.00 $19.36 $17,598.24 2503.511 18" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF 1855.00 $21.94 $40,698.70 2503.511 24" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF E300 300.00 $25.20 $7,560.00 2503.603 PIPE BEDDING FOR HDPE STORM SEWER PIPE LF 467 585.00 $0.01 TOTAL $1,536,672.34 HAZELWOOD AREA STREET IMPROVEMENTS, PROJECT 03.18 STREET AND UTILITY IMPROVEMENTS PROJECT PAYMENT REQUEST ESTIMATE NO. FINAL PERIOD ENDING: MAY 30, 2006 CONTRACTOR: T.A. SCHIFSKY & SONS, INC. CONTRACT AMOUNT: $1,540,072.23 CONTRACT SUMMARY Original Contract Amount $1,536,672.34 $1,540,072.23 $34,215.00 Change Order No. 1 (Approved Sept. 27,2004) S34,215.00 $95,321.09 Change Order No. 2 (Approved Oct. 14,2004) $12,305.00 $1,685,804.43 Change Order No. 3 (Approved Dec. 13, 2004) $95,321.09 Change Order No. 4 (Approved Jan. 12, 2006) $7,291.00 Revised Contract Amount $1,689,204.32 SUMMARY OF CONTRACTOR EARNINGS Subtotal Unit Bid Items $1,536,672.34 Plus Change Order No. 1 $34,215.00 Plus Change Order No. 2 $12,305.00 Plus Change Order No. 3 $95,321.09 Plus Change Order No. 4 $7,291.00 Total Earned To Date $1,685,804.43 Less 1% retainage $0.00 Plus incentives $0.00 Less liquidated damages $0.00 Subtotal $1,685,804.43 Less previous payments $1,661,480.82 Amount due this estimate $24,32161 t Contractor: ! Date: Engineer: e Date: 04�d t•§ f � � t Agenda Item 111 MEMORANDUM TO: Interim City Manager FROM: Ken Roberts, Planner SUBJECT: Conditional Use Permit Review PROJECT: Commercial Equipment Parking and Storage LOCATION: 65 Larpenteur Avenue East DATE: October 11, 2006 INTRODUCTION The conditional use permit (CUP) for the property at 65 Larpenteur Avenue East is due for review. The CUP as approved by the city council allows the property owner to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. (See the maps on pages two — four). The city code requires city council approval of a conditional use permit to keep a heavy commercial vehicle on a residential property. BACKGROUND On August 9, 2004, the city council approved a CUP for Mr. David Conover for the property at 65 Larpenteur Avenue East. This CUP allows the property owner to park and store three commercial vehicles (two dump trucks and a bobcat loader) on this property. This approval was subject to seven conditions of approval. (See the council minutes starting on page five.) On August 22, 2005, the city council reviewed this permit and agreed to review it again in one year. DISCUSSION The owner installed the parking pad for the trucks and is meeting the conditions of approval for this CUP. I have not received any complaints about this permit and I am not aware of any problems at this site. RECOMMENDATION Review the conditional use permit for the parking and storage of commercial vehicles for the property at 65 Larpenteur Avenue again in one year. P:sec 18165 Larpenteur Ave cup review - 2006 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Applicant's Site Plan 4. August 9, 2004, City Council Minutes Location Map 65 Larpenteur Avenue 2 N Attachment 2 I 1 I I I I' I 1 I I I d I 1 I I 1 I I 1' 7 KINGSTON I I I I I I 17 QTY HEIGHTS DR I F17 I I I °' I I I I I z I o I a LARPENTEUR AVE Zoning Map 65 Larpenteur Avenue 3 A� 7 APPLICANT'S41TE PLAN I \j zz) K jc e� Attachment 3 Attachment NXITS MAPLEWOOD CITYCOUNCIL 7,I13 P.M. Monday., August 09,2004 Council Chambers, City' Hall Meeting No. 04"17' PUBLIC A Q T S L 7:35 p.m. Conditional Use Pe , 't - Comanercial Vehicles (65 Larpenteur Avenue) a. City Manager Fursman presented the report b. Associate-Pl nuetRobertspresented specifics from the report., C. Mayor C rdinal,opened the public hearing, calling for proponents r opponents'. The fall wm persons were heard: ll avid Conover, the applicant Marion Differ, 1714 Gurney Street, Nlaplewood Don S eja, 1706 Abel, Maplewood Grant L. nddlo , 1715 Abel, Mapfywood d. Mayor Cardinal closed the public. hearing. Councilmember Koppen ""loved to adI use t f° r I vie art x r t to r mit t t re heavy co erci l Shicl : `two trucks and loader) on the DroDcrtv at 65 Lanoenteur Avenue ast: C0 ITI NAL USE PERNUT RES01.,urriON - HEAVY CONPYIERCIALVEHICLE WIlEREAS, a Ir: David Conover is requesting,thatMaplewood approve a conditional use pe t' to store and park three heavy corrutiercial vehicles (two trucks and a loader) on the property he owns at 5 Larpenteur Avenue East, WHEREAS, this pe _t applies to the property at 65 L rpente r Avenue East. The legal description isF 1. Saint Ma in and ion's Rice Street Addition, Lots 11-13, Block 1 ( 18-29-22-34-0088) and . Saint Arabin and ion 's Rice Street Addition, Lists 14 and 15, Block 1 PIN 18-29-22- 34-00611) -29.22_-00 1) VYTIEREAS, this history of this conditional use peraii t is as follows= t n Mali){ 19, 2004, the planning corannssion recon ended that the city council approve this perrmt. I On August 9, 2004, the city council held a public hearin . The city staff published a notice Irl C 9 the paper and sent notices to the surrounding property owners, The council gave ever -gone at, C� the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-described conditional use pt based on the buildin and site plans. The city approves this pern-iit because; I The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. The use would not change the existing or planned character of the surrounding are a-. The use would not depreciate property values. The use would not involve any activity, process, materials, equipment or method,, of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance I to any person or property, because of excessive noise, glare;,, smoke, dust, odor, fumes, water or air pollution, drainage. water run-off vibration, g W generat unsightliness, electrical interference or other -nuisances, 5, The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsate access on existing or proposed streets. 6The use would be served by adequate public facilities and services, including streets, W C police and fire protection, drainage structures, water and sewer systems, schools and parks, 7, The use would not create excessive additional costs for public facilities or services, 8, The use would mziximize the preservation of and incorporate the site's natural -and scenic features into the development desi:zn. 9x The use would cause nu-nimal adverse environmental effects. Approval is subject to the following conditions: M I The owner or operator of the trucks and equipment doing the following: ar Resi ding on the property. C� lo, Parkincr the trucks and equipment in an enclosea structure or on a gravel surface driveway or parking pad that meets the applicable city code requirements, The parking location for the vehicles shall be as close to the existing driveway and the house as possible, The. owner shall provide be hg around any outdoor parking area that will contain any fluids that may leak from the trucks and commercial. equipment. C, Not parkinla the trucks or commercial equipment on a public street, 66 7 Agenda #1 -12 AGENDA REPORT To: Interim City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Justice Assistance Grant (JAG) Date: October 9, 2006 Introduction The Police Department is requesting permission to extend the 2005 Interlocal Agreement with the St. Paul Police Department, Ramsey County and the Roseville Police Department to accept additional Justice Assistance Grant (JAG) funding in 2006. Background In previous years, the Police Department received Local Law Enforcement Block Grants (LLEBG). These grants are no longer available, but they have been replaced by the Justice Assistance Grant. We are requesting permission to extend the Interlocal Agreement from 2005 and accept additional funding from this federal grant. The Maplewood Police Department's share of this grant is $11,091. There is no local match required. The St. Paul Police Department has taken on the administrative responsibilities for this grant, so there will be no administrative expense to the City. It is the intent of the Police Department to use this funding to bolster our Crime -Free Multi- Housing program. This funding will allow us to provide an organized and coordinated effort to attempt crime prevention in multiple - dwelling complexes throughout the City. This grant money must be expended by September 2009. Budget Impact There will be no cost to the City, and we will receive a $11,091 grant to be used by the Police Department. Recommendation It is recommended the City Council authorize the Police Department to accept this grant money. Action Required Submit to the City Council for review and action. DJT:js Agenda Item 1 -13 AGENDA REPORT TO: Interim City Manager, Greg Copeland FROM: IT Director, Mychal Fowlds SUBJECT: Authorization to purchase Cisco wireless equipment for infrastructure DATE: October 15, 2006 Introduction The City of Maplewood implemented our first wireless access point 3 years ago. The security, speed and reliability of wireless networks have taken leaps and bounds in those 3 years and we are now at the point where we need to upgrade our infrastructure. Background Currently we have access points at 2 Fire Stations, the MCC, Public Works and City Hall. However, the access points that we are using are meant for home use. Their range, speed and security have been adequate over the last 3 years but we are now looking to increase our efficiencies through our wireless network. In order to do this we need a more flexible, reliable, centrally manageable, secure infrastructure. The new equipment will allow us to manage all access points from a single location. We can allow a certain machine to use all, none or only certain access points. The addition of this equipment makes our wireless network as, if not more, secure as our wired LAN and just as manageable. Uses for the wireless network are endless. Building inspectors teamed with laptops or handheld devices can pull into a Fire Station parking lot and access their files as if they're back at City Hall. Wireless security cameras could now be implemented. Internally, users can roam freely for presentations or meetings. The sky is truly the limit. This equipment is the first step in building our internal wireless network. With the equipment quoted we will have access points at all Fire Stations, the Nature Center, MCC, Public Works and City Hall. Also, the controller can handle up to 25 access points and we're only ordering 13. This will give us complete scalability to expand coverage at locations where it is needed or to add new locations. Budget Impact The purchase of approximately $18,950 has been planned for and will be funded from the 2006 IT Fund. Recommendation It is recommended that authorization be given to purchase the Cisco wireless equipment. Action Required Submit to City Council for review and approval. 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(D CY) Of a CN C\l 0 0 < CL N 0 < 0) N < C L 3) Z 6i O Ln N U) �e Z < w U) 0 z z (0 C) < < < V) 0 < < < < rrrr r � � � f o0 oau Cl) tCi a) C6 1 -4 a O EA 0 Z 0 E cr w 0 Q 4) co co co .9 CL 0- (D (D E E 0 0 c C: 0 0 co CL CL C) m z 0 a E R CL Cc' 0. m o U) 0, u- E CL CL 0 z C: . 0 �6 E -2 a, m m Z 0 m _0 > Z5 o �- LL Agenda Item 1 -14 AGENDA REPORT TO: Interim City Manager, Greg Copeland FROM: IT Director, Mychal Fowlds SUBJECT: Approval to purchase Digital A/V Mixer for Council Chambers update DATE: June 28, 2006 Introduction During the renovation of the Council Chambers video control room we have discovered another piece of equipment that we need to replace. We need to replace our old audio /video mixer. I am proposing to replace it with a Panasonic AG -MX70 Professional Digital AN Mixer. This mixer will not only provide us with the same functionality as the old one but add many new features as well and the ability to support future technologies if we upgrade. Budget Impact The purchase in the amount of $5,970 will be funded from the Council Chambers Upgrade CIP fund. Recommendation I recommend that approval to purchase the equipment from Alpha Video for the upgrade to the Council Chambers be granted. Action Required Submit to City Council for review and approval. Attachments: 1. AG -MX70 Brochure kM. Panasonic MH1D :2:2:4 Picture Quality, 3D Effects, SDI In /Out, and Title Animation — Plus Easy Operation and Outstanding Gast - Perform nc With the AG -MX70 digital AN mixer, Panasonic has integrated a'2 -BUS, 8 -input video switcher, multi - functional digital video effects unit with high -end performance, and an audio mixer into a single compact unit. The AG -MX70 provides broadcast -grade 4:2:2:4 digital component picture quality. It features more than 600 effect patterns and a 30 -frame graphics buffer for roll, crawl, and logo animation using title files downloaded from a PC. A large LCD panel with a matrix menu helps assure quick, easy operation. Offering optional 3D video effects and SDI interface, this AN mixer is ready for full- fledged digital post - production. The versatile AG -MX70 is right at home when connected to 25 Mbps DVCPRO VTRs in a digital editing system, or when used as a switcher either in the studio or at live events. Live Application Eight video inputs, each with tally output, and WE and DSKpreview prepare the AG'MX7Q for use asa switcher with mu|U'comam feeds for superimposed for use in live production programming. HIS SDI (Vid—Skdi.) -WS-422A 0:10:111= RS,422A Editing Controller Recorder brings the quality ofprogram production toa level approaching -- AG-mX70 Di ^wMixer (with SDI option) U_^ DVCPRO VTR Source 3 to 4 Digital AN Mixer brings the quality ofprogram production toa level approaching -- AG-mX70 Di ^wMixer (with SDI option) 4:2:2:4 Di Processing, 16:9 W Patterns The/kG-MX7O provides high quality 4:224 digital component signal processing, and wipe patterns accommodates both 16:9 and 4:3 image production needs. Large LCD Screen, Matrix Menu A large LCD panel permits easy monitoring of system status. A five-row matrix menu display with five rotary switches makes it easy to understand and set the AG'MX70's multitude uf functions. The menu, which is linked tu keys un the operating panel, automatically switches tu show the necessary settings. This simplifies operation and reduces steps. 2D and 3D Video Effects Equipped with over 50O2+dimen6ono| effects —including transition and key patterns, mosaic, paint trai|, and multi- image dighe|effects—dmvnoai|eAG'MX7Ohasa||h takes to create professiuna| production results. The optional /VG'VE703D Effects Board provides more than 1'5003O digital effects, including page turn, ripple, and sphere. The 2O and 3D effects can be combined to create sophisticated image expressions that rival many high-end DVEs. Roll, Crawl, and Logo Animation KXX'Navi makes it easy to download graphics files (TGA. BMP,]PEG) created with the other graphics applications, via aU58 terminal. Downloads goto the internal graphics buffer* for use in creating roll or crawl titles, logo anima and other effects. ^wTSC:wox4un pixels uzn frames, PAL: 7snxmo pixels xzaframes 8 Video Inpi The AG-MX7( total of eight e component Yj �y Stic Contrc The eosy10-hondk size your effects, a Accordion .. ,® y'' QF (ey, digital luminance key preview, DSK( ©awn Stream Key) preview 9 -pin) For either RS -422 or Wtion 1 GENERAL BNC x 2, Y: 1.0 Vp -p 75 52 ' xxxxxxxx Power Source. xxxxxxxxx xxxxxxxxx xxxxxxxx xxxxxxxxx xxxxxxxxx ............. 120VAC 50160Hz (AG- MX70P) Austria 220 — 240VAC, 50160Hz (AG- MX70E) Power Consumption - _--- ____ ______ _____________________ 5OW (Standard), 70W (Full Option) _ ____________________________________________________________________________________ Te Operati___ ng Temperature: 5° to 40 °C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Operating Humidity: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Less than 901 (non dew) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions. 16- 314 "(W) x 7- 13116 "(H) x 15- 314 "(D) 8H Advanced Reference: 425 (W) x 198 (N) x 400 (D) mm Weight: 16.5 Ids (T5 kg) in Standard .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17.6 Ids (8.0 kg) with Full Option . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Standard Accessory: ................................................................................................................................................................................................................................ Power cable, CD -ROM ............................... VIDEO x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x AGC: Vv.. v.. v.. eo v.. v.. vFormat: .. v.. v.. v.. v.. v.. v.. v.. v ..v..v..v..v..v..v..v id v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v..v..v..v..v..v..v..v..v..v... 6..2515v..v..5. v..v ..v.sw.v..v it ..v..v.. cha y..v bl e Sampling Frequency : --- _ -_ - Y: 13.5 - MHz, Pb1Pr: 6.75MHz, Key: 13.5MHz(4:2:2:4) Quantizationc AID. 9 bit (source 1 -8) Ext. key: 8 bit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. . 017.51RE switchable (composite and YC, 525 mode only) Internal Process: 8 bit with dynamic rounding -0.25 H to +0.25 H (74 nslstep) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DIA: 10 bit Gain: Unity (100% ±2f ) Band width Y: 0.5MHz to 5.0 MHz (±1.0 dB), xx xxxxx x . +410 . Bu s xxxxx xxx e ...... . X 8, 1 3 dwil, 10kf2 Pb/Pr: 0.25MHz to 2.5 MHz ( ±1.0 dB) r __11_.._ _ _ _._.._.._.._.._ _ _ _._.._.._ 31 at SIN ro. _ _ _ ___._.._.._ _ _ a r - - YC) _._.._ _ _ _._.._.._.._.._.._.. - 5 .._ __ _ dB (comp _ __..___. o_. nen._ _ _ t_), ._ .._._.___ B(comp d 3333___ K factor: 3333__ ________________ __ - __ __ __ - - Less than 1 I DGtDP _.._ _ __1131__ Les h a 3113 PLL Frequency Range: ....... ......... ......... ............. Sync fh ±300 Hz, SC fsc ±40 Hz ......... ......... ........ ......... ........ ............ XLR x 2 (PROGRAM 1), 4/01-3 dBu switchable, 4752 fh= 15.734kHz (AG- MX70P)115.625kHz (AG- MX70E) RCA x 2 (PROGRAM 2), -8.0 dBV, 4752 fsc= 3.58MHz (AG- MX70P (AG- MX70E) System Delay Max. 1 -frame AUDIO OTHER PORT Sampling Frequency: 48 kHz Quantization: Analog Input: 20bit, Digital Input (option): 241bit Frequency Response: 20 Hz to 20 kHz ( ± 1.0 dB) Dynamic Range: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . More than 85dB (analog In /out) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THD: o Less than 0.0510 (l kHz, aliment level} _31_11_ _._ _ _._.._.._.._.._ _ _ _._.._.._._.._ Cross Talk. ________ _ _ __.._..____ _ _ _1311. 31 - _ _ _._____._._ _ _ _._.._._.._.- _ _ ..._.._.._.._.._.._... Less than -70 dB (1 kHz, between any two channels) ________ _______________________________ _ Headroom. 20 dB/18 dB switchable ......... ............................................. Digital Audio: ............................... 1111 SDI Embedded Audio {opuonj BNC x 1, Voltage (TTL -level) or 2 C { Ch -1 &213 &415 &617 &8 selectable) VIDEO INPUT USB: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Analog Component: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BNC x 4 (SOURCE 1121314), Y: 1.0 Vp -p 75 Q, . Pb/Pr (AG- MX70P): 0.52510.757 Vp -p switchable 7552, Pb1Pr (AG- MX70E): 0.7 Vp -p 7552 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........................... 'An alog Composite: .......................................................... . . . . . . . . . . . . . . . . . . . . . . . . . . ('S' . . . . . . . . . . . . . . . . . . . . . . . . . . . . ........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................................................. . BNC x B (SOURCE 1 ........ ........................................... .... 8), 1.OVp -p 7552 ........................................... . . ..................................., . S- V id eo: Mi ni -DIN4 x 4 {S OURCE 1121314 } , Y: 1.0 V P p 75 6, ............... Q 0.286Vp -p 7552 (AG- MX70P), 0.3Vp -p 7552 (AG- MX70E) . . ..... . , .. 1 . . .... . b1P .. ' . . External Fill: BNC x � 1P } . r , Analo 9 .... C .. o m p onen t, Y V p d 52 75 More than 1,600 patterns (with optional 3D Effect Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pb/Pr (AG- MX70P): 0.52510.757 Vp -p switchable 7552 100 Events Pb /Pr(AG- MX70E): 0.7 Vp -p 7552 Pasibonet, Color Correction. - 1 - I, *Y s ign a l will be c lipp ed at l t h a n p edesta l l External Key : BNC x 1, 1.OVp -p, 7552, Analog Composite or Y +Sync Genlock: BNC x 1 (with passive -loop- through), 1.OVp -p 7552 On/Off SDI (Option) : _____._.._.._.._____ ___._.______.._.._..______.__._ BNC x 4 (IN 1121314). SMPTE 259M -CIEBU Tech.3267 -E VIDEO OUTPUT Analog Component : BNC x 2, Y: 1.0 Vp -p 75 52 Australia PblPr (AG- MX70P): 0.525/0 757 Vp -p switchable 7552 Austria Pb /Pr (AG-MX70E): 0.7 Vp p 7552 . . . . . . .. . .. .. ... . . ... .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Analog Composite: BNC x 2, 1.0Vp -p 7552 S- Video: Mini -DIN4 x 2, Y: 1.0 Vp -p, 7552, Brazil C: 0286Vp -p 7552 (AG- MX70P), 0.3Vp -p 7 552 (AG- MX70E) AUX: BNC x1, 1.OVp -p 7552 8H Advanced Reference: BNC x 1, 7552, (Hong Kong Sync: 0.286(AG- MX70P)10.3 Vp -p (AG- MX70E) Czech RepublicTel. 42 -02- 2166 -4120 Burst: 0.286(AG- MX70P)t0.3 Vp -p (AG MX70E) SDI (Option): . .. . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BNC x 1, SMPTE 259M -CIEBU Tech.3267 -E . . . . . . . . . . . . . ...................... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vii VI DEO INPUT ADJUSTMENT x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x AGC: x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x x, Y: +2dB to -6dB, C: +2dB to -6dB France (composite and YC input only) Setup Level: 017.5 IRE switchable (composite and YC, 525 mode only) VIDEO OUTPUT ADJUSTMENT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . el': Setup Lev . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .............. . 017.51RE switchable (composite and YC, 525 mode only) System H Phase: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ............................... -0.25 H to +0.25 H (74 nslstep) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . System SC Phase: +180 AUDIO INPUT Tel. 98- 21- 2271463 ...... Ana o lg (L 1R }. xx xxxxx x . +410 . Bu s xxxxx xxx e ...... . X 8, 1 3 dwil, 10kf2 Analog (LtR): . ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . RCA x 4 (AUX 112), - 8 0 dBV, 10K52, unbalanced . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . MIC M6 x 1, -60 dBu, 2k52, unbalanced SDI . (Option): . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BNC x 4, Embedded Audio (CH112, 314, 516, 718 switchable) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AUDIO OUTPUT ......., ......... Analog (L1R) ......... ......... ........ ......... ........ ............ XLR x 2 (PROGRAM 1), 4/01-3 dBu switchable, 4752 Analog (LIR): RCA x 2 (PROGRAM 2), -8.0 dBV, 4752 Headphone. M6 x 1, 852, unbalanced, -20 dBu to -60 dBu S DI ( BNC x 1, Em bedded A ud i o (C H1 1 2) OTHER PORT .. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. Editor v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. v.. D sub 9-pin, RS 422Al232C switchable RS -422A Protocol; GVG /Sony switchable -- _____________________________ __ Connectable Editor ------____ Panasonic: AG A850___________________________ SONY: BVE -2000, BVE -910, BVE -700, PVE -500 Tally Out: D -sub 9 -pin, Open - Collector x Bch Collector Current: Less than 5OmA, Maximum Voltage: 35VDC GPI BNC x 1, Voltage (TTL -level) or ______________________________________________________________________________________________ Make - contact (pull -up resister = 10k52), Low- Active _____________________________-- USB: Type -B connector x 1, U S__ Vec1.. (cable length: max... FUNCTIONS . xxxxxxxxxxxxxxxxxxxxxNaga, Effects i, xxxxxxxxxxxxxxxxxxx, Mosaic, Mono, Paint, Strobe, Multi, Trail . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Frame/Field-Still, Defocus, Decay, Mirror . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Matte Colors White, Yellow, Cyan, Green, Magenta, Red, Blue, Black, y 9 Color -Bar, Custom 112 Wipe /Transition Patterns: More than 600 patterns (standard), . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . More than 1,600 patterns (with optional 3D Effect Board) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Event Memory 100 Events Joystick Control: Pasibonet, Color Correction. - 1 - I, Audio Mixer:___________________ SOURCE to 8, AUX AUX 21Mic, Master Audio Effects: .. ... g . 3 . Band EQ, Pan, Attenuator Voice Chan er ............. 111...1 .... ........... Others A ........ 11.1..1.... 1...1.1-1- ..1111...- 111...1.... ........... Audio Follow, Auto Take, Auto Fade, Memory, Audio &Video Input - Assign Weight and dimensions shown are approximate, Specifications are subject to change without notice. These products may be subject to export regulations. Pai1asonic Matsushita Electric Industrial Co., Ltd. Systems Business Group 2 -15 Matsuba -cho, Kadoma, Osaka 571 -8503 Japan Tel. 81 -6- 6905 -4650 Fax. 81 -6- 6908 -5969 www.panasonic.co.jp1bsd SP- AGMX70PE1 [Countries and Regions] Argentina Tel. 54 -1- 308 -1610 Australia Tel. 61 -2- 9887 -6222 Austria Tel. 43 -1 -61080 -773 Bahrain Tel. 973 - 252292 Belgium Tel. 32 -2- 481 -0481 Brazil Tel. 55-11 -3889 -4035 Canada Tel. 1- 905- 624 -5010 China Tel. 86 -10- 6515 -8828 (Hong Kong Tel. 852- 2313 -0888) Czech RepublicTel. 42 -02- 2166 -4120 Denmark Tel. 45 -43 -200 -853 Egypt Tel. 20- 2- 3938151 Finland Tel. 358-9 -521 -5253 France Tel. 33- 149464388 Germany Tel. 49- 611 -18160 Greece Tel. 30 -1- 969 -2300 Hungary Tel. 36 -1- 382 -6060 Indonesia Tel. 62 -21 -801 -5666 Tel. 65- 843 -7691 62 -21- 385 -9449 Iran Tel. 98- 21- 2271463 Italy Tel. 39-02 -67881 Jordan Tel. 961-6 -586 -1914 Korea Tel, 82 -2- 784 -0245 Kuwait Tel. 965481 -2123 Lebanon Tel. 961 -1- 216827 Malaysia Tel, 60 -3- 5549 -5422 Mexico Tel. 52 -5-488 -1000 Netherlands Tel. 31 -73 -640 -2721 New Zealand Tel, 64 -9- 272 -0100 Norway Tel. 47- 22916800 Pakistan Tel. 92 -21 -455 -5766 Panama Tel, 507 - 229 -2955 Peru Tel. 51- 145 -29470 Philippines Tel. 63 -2- 633 -6162 Poland Tel, 48 -3912 -3173 Portugal Tel. 351 -21- 4248630 Puerto Rico Tel. 1 -787- 750 -4300 Russia Tel, 7 -095- 258 -4237 Saudi Arabia Tel. 966 -1- 465 -0709 Singapore Tel. 65- 843 -7691 Slovakia Tel, 421 -7- 5292 -1423 South Africa Tel. 27 -11- 313 -1400 � rn�rvrEO w�rx SOYINK, Spain Tel. 34- 93-425 -9300 Sweden Tel. 46-8 -680 -8238 Switzerland Tel. 4141- 259 -9632 Taiwan Tel. 886 -2- 2725 -9100 Thailand Tel. 66-2- 731 -8888 Turkey Tel. 9D- 216-016 -0150 U.A.E. Tel. 971 -4- 282201 U.K Tel. 44118 -902 -9210 U.S.A. Tel. 1 -201- 348 -7621 tx14e �aGAN7A7)�, ISO ® 14001 JA r DHS Acuedioron � RE 009 45K203ZM -1 Printed in Japan MEMORANDUM TO: Greg Copeland, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 17, 2006 RE: Temporary Gambling Introduction Item I - 15 An application has been submitted for temporary gambling on behalf of the Church of the Presentation of the Blessed Virgin Mary, 1725 Kennard Street. This is for their annual Fall Festival. The event will be held on November 15, 2006 from 5:00 p.m. to 11 :00 p.m_ Funds raised will be used to purchase capital goods for the church and school. In order for the State of Minnesota to issue a temporary license, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for the Church of the Presentation of the Blessed Virgin Mary (BVM), 1725 Kennard Street, Maplewood, Minnesota. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation Approve the above resolution for temporary gambling. 94 •. AGENDA REPORT To: Interim City Manager Greg Copeland From: Chief of Police David J. Thomalla Subject: Acceptance of Donations Date: October 16, 2006 Introduction The Police Department has received two donations for the Protecting Children From Sexual Offenders seminar it is hosting on October 28, and City Council approval is required before the donations can be accepted. C. • • • The Maplewood Police Department, in conjunction with the Jacob Wetterling Foundation, is hosting a free educational seminar for members of the public. The seminar is titled Protecting Children From Sexual Offenders, and it is being held October 28, from 10 a.m. to noon, at the Maplewood Community Center. Donations have been received from District 622 Communities Partnership ($250) and the North Maplewood Lioness Club ($100) to help defray expenses for this event. City Council approval is required before these donations can be accepted. Recommendation It is recommended that City Council approval be given to accept these two donations and that the necessary budget adjustments be made so the funds can be expended as intended. Action Required Submit to the City Council for review and action. DJT:js Agenda Item 117 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Kenwood Area Street Improvements, City Project 05 -16, Approve Driveway Reimbursement DATE: October 17, 2006 INTRODUCTION As part of City Project 05 -16, Kenwood Area Street Improvements, it is necessary to reimburse the resident at 2005 Kenwood Drive East for the installation of a paver driveway apron 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. Since it was necessary to remove the property owner's paver driveway in order to match the driveway grade with the reconstructed street grade, it is our responsibility to pay for the replacement. Since our concrete contractor on the project does not do paver driveways, the homeowner hired Ready Landscaping to complete the work. RECOMMENDATION It is recommended that council approve payment of $8,963.00 to the property owner at 2005 Kenwood Drive East for paver driveway apron replacement due to road reconstruction as part of City Project 05 -16, Kenwood Area Street Improvements. Attachment: 1. Ready Landscaping invoice -0001— -31�1 Prop Add SubmitteIT (j ddress n S Phone # - Fax # W. horohv ci ihmit cnarifiCatinr� �rt PRti Atps for:..._.._. fropoat --- Page # of pages an Job Name Job # Job Location Date Date of Plans Architect We propose hereby to furnish material and labor — omplete in accordance with the above specifications for the sum f: "a 11�— Dollars I f I with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs will be Respectfully executed only upon written order, and will become an extra charge over and submitt above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Note —, proposal may be withdrawn by us if not accepted within Rc reptance of r o o The above prices, specifications and conditions are sati actory and are Signature hereby accepted. You are authorized to d 4the work s specified. Payments will be made as outlined abov . Date of Acceptance Signature days. 11 L 6Si N(`..gR19 u—r w i iqo MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Bruce K. Anderson, Parks and Recreation Director DATE: October 17, 2006 for the October 23 City Council Meeting SUBJECT: Priory Trail Development INTRODUCTION Agenda Item J1 The Maplewood City Council adopted the Priory Neighborhood Preserve master plan in September 2004. One of the major objectives in the Priory Neighborhood Preserve master plan was the development of an internal trail system. During the past six months, staff has been working with consultants researching the best construction methodology for trails within neighborhood preserves which would provide minimal disturbance to the soils and reduce if not eliminate any potential erosion issues. One of the objectives of developing and constructing trails within the neighborhood preserves is to have trail surfaces be natural and avoid bituminous or nonporous surfaces wherever possible. BACKGROUND Trail specifications were prepared by Barr Engineering and mailed out to selected contractors that had background and experience in the construction and development of sustainable trails within natural areas. The city received two bids for the construction of the trail with the bids ranging from the low of $24,000 to the high of $32,000. Staff recommends that the low bid of $23,390.75 be awarded to Trail Source, LLC of Apple Valley, Minnesota. I have included copies of the formal bid tabs which outline the base bid items for the construction of approximately 7,500 linear feet of trails @ $2.25 per linear foot and costs for brush disposal, minor compacted aggregate base for the existing boardwalks and bridge sites. In addition staff recommends an alternate bid for the installation of seven benches, debris disposable, and trail layout and staking in the amount of $4,047 be awarded to Trail Source, LLC as well. The city has budgeted $100,000 for Priory Neighborhood Preserve improvements out of the city P.A.C. fund. Staff recommends that the low bid to Trail Source, LLC in the total amount of $27,437.75 with the monies allocated from the budgeted P.A.C. fund. Assuming council approval of the project, it is anticipated that the trail will be staked out this fall with construction slated for the spring of 2007. The contractor has agreed to hold the bid price for the spring of 2007. RECOMMENDATION Staff recommends that the bid of $27,437.75 be awarded to Trail Source, LLC with the monies allocated from the city P.A.C. fund. UJ W 0) LLI w 0 0 D m r z to 0 04 LO 04 IL C13 — M el U" ti ci (M 04 III �i C U) CD Lo N 0 00 w 0 w m 0 v 69 ea U Lo C:) N N 3 3 � � 0) CL E E a CL u_ LL E E -j z - U) k E E a) 0 LO (n (D >< '0 ca E LO ca 0 2 2 0 U) c: c > o o 0 C uj to 0-0 > > sa fl. c 46 Q U- U- to tv -j -j = 76 la xs 0 0 cn cm to t u as 0 th Fla " D ro xt tit (D 20 z 4) 'P! (1) C sa o ro N c) (D C.? 0 CN CL Lo < to nr sa w C,> t- f y) ro -NIT 4 — o m C o 0 0 cdcvcv C4 xt tit (D 20 z 4) 'P! (1) C sa o ro N c) (D C.? 0 CN CL Lo < to nr sa w C,> t- f y) ro -NIT xt tit (D 20 z 4) 'P! (1) C sa o ro N c) (D C.? 0 CN CL Lo < to nr sa w 10/17/2 13.29 6512 FAX NO. - RAT CTR PAGE 03 O"t. 1 03 39pm P3 cn 1 1"') 1 -�p 4 7 1 'r co aD Vl cn 0 CC 0 aw 0. C* Gr V m oc, 0 QD 00 cn 1 1"') 1 -�p 4 7 1 'r co aD Vl cn 0 CC 0 aw 0. C* Gr V m e oaz /sz /sa s o � sez \zsersa \vos \:ry n o p i, poi — Si9 \Z68z9EZ \�o� \w b.0'siio».eu'Sa \Z68L9LZ\Po� \'w bM�aisua /a— av]v \zsa 9cz \om \.w bmo'aso6oeoitioid \L6erstz \P�� \'n — sv�prsiTurs)as ' 0 • TO: City Manager FROM: Finance Director RE: Gladstone Area Redevelopment DATE: October 18, 2006 At the City Council workshop meeting on October 16 there was some discussion about the possibility of using tax increment revenues to finance some of the redevelopment improvements related to the Tourist Cabin site. Mr. Steinman of Springsted indicated that in order to keep this option available to the City Council a resolution would need to be passed making a finding that the buildings on the Tourist Cabin site are substandard. The city's bond counsel, Mary Ippel of Briggs and Morgan, has reviewed the Redevelopment Tax Increment District Eligibility Assessment report from SEH which indicates that the site does qualify for a redevelopment tax increment district. A resolution making a finding that the buildings on the Tourist Cabin site are substandard along with a copy of the SEH report will be forwarded to the City Council prior to the Council meeting. Ms. Ippel will be at the Council meeting to answer questions. P \finance \word\agn\tourist cabin site Agenda No.: K1- Supplement RESOLUTION MAKING CERTAIN FINDINGS WITH RESPECT TO SUBSTANDARD BUILDINGS WHEREAS, the City of Maplewood {the "City ") intends to undertake a redevelopment project in the City (the "Redevelopment Project "); WHEREAS, a part of the Redevelopment Project involves the demolition and clearance of certain blighted buildings (the 'Buildings ") described on Exhibit A attached hereto located on certain parcels also described on Exhibit A attached hereto (the "Parcels "); WHEREAS, the City intends to create a tax increment financing district including the Parcels as a "redevelopment district"; WHEREAS, the deteriorated condition of the Buildings creates a health and safety concern necessitating the demolition of the Buildings prior to the creation of a tax increment financing district; WHEREAS, Minnesota Statutes, Sections 469.174 to 469.1799 (the "Tax Increment Act ") provides that a City may create a tax increment financing district (a "TIF District ") as a "redevelopment district" if the City finds by resolution that parcels consisting of 70% of the area of the TIF District are occupied by buildings, streets, paved or gravel parking lots or other similar structures, and more than 50% of the buildings, not including out buildings, are structurally substandard to a degree requiring substantial renovation or clearance; WHEREAS, Minnesota Statutes, Section 469174, subdivision 10(d), provides, among other things, that a parcel may be deemed to be occupied by a structurally substandard building if (1) the parcel was occupied by a substandard building within three years of the filing of the request for certification of the parcel as part of the TIF District with the county auditor; (2) the substandard building was demolished or removed by the City, the demolition or removal was financed by the City or was done by a developer under a development agreement with the City; and (3) the City found by resolution, before the demolition or removal, that the parcel was occupied by a structurally substandard building and that after demolition and clearance the City intended to include the parcel within the district. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as follows: 1. At least 15% of the area of the Parcels is occupied by the Buildings or other buildings, streets, paved or gravel parking lots or other similar structures. 2. The Buildings are "structurally substandard" within the meaning of Minnesota Statutes, Section 469.174, subdivision 10. The reasons and supporting facts for this determination are on file with the staff of the City. 3. The developer of the proposed project intends to demolish the Buildings and the City intends to subsequently include the Parcels in a redevelopment tax increment district 1955719v1 established pursuant to Minnesota Statutes, Section 469.174, subdivision 10, which TIF District, if established, shall be established within three years of the date hereof. 4. Upon filing the request for certification of the tax capacity of the Parcels as part of the TIE' District, the City will notify the county auditor that the original tax capacity of the Parcels must be adjusted as provided in Minnesota Statutes, Section 469.177, subdivision 1, paragraph (f). Passed and adopted by the City Council of the City of Maplewood, Minnesota, this 23 day of October, 2006. Mayor Attest: City Manager 1955719v1 2 EXHIBIT A Description of Buildings: Description of Parcels: 1955719Vi A -I EXECUTIVE SUMMARY Redevelopment Tax Increment District Eligibility Assessment Proposed Redevelopment TIF District Gladstone — St. Paul Tourist Cabins Maplewood, MN SEH No. A- MAPLE0705.00 City of Maplewood Gladstone — St. Paul Tourist Cabins Redevelopment TIF District October 12, 2006 Short Elliott Hendrickson, Inc. (SEH) was hired by the City of Maplewood, Minnesota, to survey and evaluate the property within the proposed Tax Increment Financing (TIF) District. The property is bounded by Frost Avenue and East Shore Drive. The purpose of our work was to independently ascertain whether the qualification tests for tax increment eligibility, as required under Minnesota Statute, could be met. Minnesota Statute Section 469.174, Subdivision 10, clause (a) (1) requires two tests for occupied parcels: 1. Coverage Test — "parcels consisting of 70 percent of the area of the district are occupied by buildings, streets, utilities, paved or gravel parking lots or similar structures . . ." Note: The coverage required by the parcel to be considered occupied is defined under Minnesota Statute Section 469.174, Subdivision 10, clause (e) which states: "For purposes of this subdivision, a parcel is not occupied by buildings, streets, utilities, paved or gravel parking lots or other similar structures unless 15% of the area of the parcel contains buildings, streets, utilities, paved or gravel parking lots or other similar structures." 2. Condition of Buildings Test — " ... and more than 50 percent of the buildings, not including outbuildings, are structurally substandard to a degree requiring substantial renovation or clearance;" The term `structurally substandard', as used in the preceding paragraph, is defined by a two -step test: Conditions Test: Under the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (b), a building is structurally substandard if it contains "defects in structural elements or a combination of deficiencies in essential utilities and facilities, light and ventilation, fire protection including adequate egress, layout and condition of interior partitions, or similar factors, which defects or deficiencies are of sufficient total significance to justify substantial renovation or clearance." Code Test: Notwithstanding the foregoing, the tax increment law, specifically, Minnesota Statutes, Section 469.174, Subdivision 10, clause (c) also provides that a building may not be considered structurally substandard if it: ". _ . is in compliance with building code applicable to new buildings or could be modified to satisfy the building code at a cost of less than 15 percent of the cost of constructing a new structure of the same square footage and type on the site." The findings and conclusions drawn herein are solely for the purpose of tax increment eligibility and are not intended to be used outside the scope of this assessment. SCOPE OF WORK The proposed district consists of 1 parcel comprised of the following types of improvements: 15 residential rental structures, 1 office /residential rental structure, 1 common shower /bathroom structure and 5 outbuildings. The parcel includes concrete and bituminous paving /parking improvements and various concrete parking slabs used for the parking of mobile homes throughout the parcel. EVALUATIONS Interior and exterior assessments were completed for all of the buildings, excluding outbuildings. Coverage Test — 1 of the 1 property meet the coverage test with 100% area coverage. This exceeds the 70% area coverage requirement. Condition of Buildings Test — 88% percent of the buildings —15 of the 17 buildings - were found to be "structurally substandard" when considering code deficiencies and other deficiencies of sufficient total significance to justify substantial renovation or clearance (see definition of "structurally substandard" as follows). This exceeds the Condition of Buildings Test whereby over 50% of buildings, not including outbuildings, must be found "structurally substandard." CONCLUSION Our surveying and evaluating of the properties within this proposed Redevelopment District render results that in our professional opinion does qualify the district eligible under the statutory criteria and formulas for a Redevelopment Tax Increment Financing District (State Statute 469.174 Subd.10). AGENDA NO. K-2 AGENDA REPORT TO: City Manager FROM: Finance Director RE: Electric Franchise Tax Increase Ordinances Second Reading PROPOSAL It is proposed that the City Council approve the second reading of ordinances to amend the electric franchise agreement and increase the electric franchise tax. BACKGROUND The City Council has discussed the electric franchise tax increase at council meetings on September 11 and October 9. This topic is also scheduled for discussion at the October 16 workshop. A supplemental agenda report will be prepared after the city receives a response from Xcel Energy on the request to increase the electric franchise tax. On October 12 a representative of Xcel Energy, Colette Jurek, indicated that she would check to see if the second reading of the ordinance could be delayed until November because of their internal problems. PAWORMAGWranchise fee increase4.doc AGENDA NO. K-3 AGENDA REPORT TO: City Council FROM: Audit Committee (Rebecca Cave, Will Rossbach, Greg Copeland, Dan Faust, Gayle Bauman) RE: AUDIT CONTRACT It is proposed that a five-year contract with HLB Tautges Redpath, Ltd. for auditing services be approved at a total all-inclusive maximum price of $169,800. BACKGROUND KPMG (formerly Peat Marwick) has conducted the city's annual audit for the past 23 years. The initial contract with them was for three years and there have been four five- year extensions. The last contract with KPMG ended with the last year's audit. The audit for 2006 cost was $26,000. On September 11 the Council approved the procedures for selection of an audit firm for the next five-year period. The procedures approved included the formation of an Audit Committee consisting of two council members, city manager, finance director, and assistant finance director to prepare a recommendation to the council on selection of an audit firm. A request for proposals was sent to four audit firms in August. In September four proposals were received. Representatives of the audit firms made verbal presentations to the Audit Committee on October 4. The Audit Committee evaluated the proposals based upon each firm's expertise, audit approach and cost. It is the opinion of the Committee that the proposal by HLB Tautges Redpath, Ltd. was the best one based on the firm's qualifications and the cost of the audit. The cost for the annual audit will range from $29,900 for 2006 and will increase annually to $36,900 for the year 2010. RECOMMENDATION It is recommended that a five-year contact with HLB Tautges Redpath, Ltd. for auditing services be approved at a total all-inclusive maximum price of $169,800. PAWORMAGMAudit Contract.doc Agenda Item K4 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, Trail Connection to Currie Street (2320 Hoyt Avenue) DATE: October 12, 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 provided a revision to the trail placement (shifted 6 -feet west) and has presented trail slopes that are acceptable to city staff. This was accomplished by raising the base elevation of the trail where it meets the northern lot. Background The Jensen Estates Plat was originally discussed in 2005. Currie Street and Hoyt Avenue were planned to be connected as local streets. The developer, Kelly Conlin, proposed permanent cul -de -sacs on both Hoyt Avenue and Currie Street as part of the development. City public safety and planning staff recommended the construction of a trail as mitigation for the loss of access to each of these streets by removal of the future connecting street requirement. The staff recommendations were due to concerns with future public safety access (two new cul -de -sacs) and the need for connecting neighborhoods. Mr. Conlin agreed to the conditions of the plat and is willing to proceed with this condition once receiving council approval for the revised trail plan dated 10/12/06. Mr. Conlin proceeded with the development and subsequently sold lot 7 (2320 Hoyt Avenue) to the builder. Mr. Conlin presented city staff (10/12/06) with the purchase agreement with the builder, in which notice of the trail easement is documented. Mr. Conlin and his engineer have worked with the city on shifting the trail 6 -feet further to the west since the City Council recommended vacation of the easternmost 6 -feet of the easement (nearest 2320 Hoyt Avenue). The 8 -foot wide trail would be centered within the remaining 14 -foot trail easement and the grades would be 7.2% for the first 95 -feet and then transition to 4% the remaining 35 -feet to the northern property. Recommendation The trail is recommended to be built in the revised location and meet the grades of 7.2% for 95 -feet and 4% for the remaining 35 -feet. Mr. Conlin did disclose the trail easement to the builder as shown in the purchase agreement. City staff recommends that the trail be constructed as provided in the Hedlund Engineering revision on 10/12/06 in order to meet the trail special condition set forth for this development. Attachments: 1. Report from Michael Thompson 2. Hedlund Engineering Trail Revision Plan 3. Location Map 4. Purchase Agreements between Developer & Builder Page 1 of 1 Engineering Discussion PROJECT: Jensen Estates (Trail to Currie Street) PROJECT NO: 05 -15 COMMENTS BY: Michael Thompson (Maplewood Engineering Department) DATE: October 12, 2006 The resident at 2320 Hoyt Avenue began a petition against construction of the trail as shown and designed by Hedlund Engineering (developer's engineer). I spoke with the resident, Mr. Schroeder, on 9111106 and stated to him that the city would be working on an alternative location for the trail if feasible. An alternate location was not found feasible in order to accommodate Mr. Schroeder. The City Council, on 9125106, required that the special condition (trail construction) be met. Moreover, from my understanding, the City Council motioned to vacate the easternmost 6 -feet of the 20 -foot wide trail easement in order to accommodate the resident at 2320 Hoyt Avenue (Mr. Schroeder). Mr. Conlin, the developer, thought that the council was either going to require that the trail be constructed in place as shown on the original Hedlund grading plan or that he would have to pay costs for other improvements within the development if the trail was not to be constructed. Since the city council denied the residents' petition against the trail, Mr. Conlin is willing to meet the special condition of building the trail_ Mr. Conlin provided city staff with documentation on 10112106 that the trail easement was disclosed in the purchase agreement with both homebuilder's of lots 6 and 7 (lots next to the trail). The homebuilder of 2320 Hoyt Avenue apparently did not openly disclose this information with Mr. Schroeder neither did the developer. City staff has worked with the developer and the developer's engineer, Hedlund Engineering, in order to decrease the trail steepness by raising the base elevation of the trail where it meets the northern property. City staff finds that the trail revision plan provided by Hedlund Engineering on 10/12/06 is acceptable. The 8 -foot trail would be placed in the center of the remaining 14- foot trail easement, because the City Council has motioned to vacate the easternmost 6 -feet to accommodate Mr. Schroeder at 2320 Hoyt Avenue. Otherwise, the trail would have been constructed in the center of the original 20 -foot trail easement. TRAIL COMMENTS: 1.Slope from Hoyt Ave to north property line would be 7.2% for approx. 95' 2.Trail would continue at a slope of 4.0% to the end of the trail E ;a axxoTT 50 0 50 100 Mwy M !I Scale 1" = 50' HEDLUND PLANNING ENGINEERING SURVEYING 2005 PIN OAK DRIVE EAGAN, MINNESOTA 55122 PHONE: (651) 405 -6600 FAX: (651) 40 - 6606 JENSEN ESTATES TRAIL REVISION ANALYSIS TRAIL LOCATION WITH ADJUSTMENT -1 Date 10/12/06 1650 E F 1600 580 '1572 -.-I 16P 3 I F 1 " e; 7 Lj 2, -� J 1.9 64 4 '12 16 L -'J T6 3 6 7 ,�� �' 71 I-AG,301T 6 p -633 1615 6) CJ 5 El L '1595 6 157 9 67 1 2' 1- C\4 L —J 153 L J F j L —M'UN I,ANA--AVt 4 N ADDENDUM TO PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORM which disclaims any liability arising out of use or misuse of this form. 02000, Minnesota Association of REALTORS®, Edina, MN 1. Date `A " 200 (o 2. Page 3. Addendum to Purchase Agreement between parties dat 4' , 20 C� pertaining to the purchase 4. and sate of the property at Z d rS `1, 5 to b. _ J C:VI Se y\ �Fc TA " S 6. T. 8. - �Ut tC,if'S t�lltil �cdt2_ (� c Dt- car Tym t %fivxe)ZQ - C7 s. jj . Drv`0_ >kZti� �.�.C. ��e VO C iS r L_- j,-evjs&4 ��fs5r� 1 C + ' lt e yl `1 Fc) r L L -bi n v`i Y2%C 4 C�i l�1 `atfit CU 1 ,� T A- 02 -T 0 f- 1 1. 111LS T V� 'S (klloo BOO i�-Dtll j 13e c�l(�c {rr�c, t4 ✓zC y. 77t Prc�r� 12. - j`1C� n t- by 13. 14. 1074 U.S C rn o f-3 i S, nary i- 16" tC -Zi{ Ili a -tom {Z? J> Sl l -S L -L 17. t4 J'nn Zto TH ?00(9. 18. _ 10( Lo r6 6Zz w 20. 21. 22. 23. 24. 25. 26. 2. 28. 29. 30. 31. �2. 33. 34. It i -- -s1-le-5 W k- 6PA. ' f 36. ' L, k -.'- :r `i' -2 e o& tritM (Oat -) (Bu O ma a� ( Buy-r) mate) 37. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 38. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN -APA (8100) ER 179 (08102) ADDENDUM TO PURCHASE AGREEMENT This form approved by the Minnesota Association of REALTORS @, which disclaims any liability arising out of use or misuse of this form. 02000, Minnesota Association of REALTORS Edina, MN 1. Date ( 1 ( Z7H 2 006 2. Page 3. Addendum to Purchase Agreement between parties dated_ �f V J 2 L 20 o b pertaining to the purchase 4. and sale of the property at X 1 1( r 60E 0 L - ,'J v T 5. 6. 7. 8.)( _ Ebi ii,)A 12 ,-r� _ C iJO� Pl+�J�A T - Fli S j r?�? NSAc7f 9. y�o7 Co Lu-" T V\0 -V T - C - V�- &)Qec�6 Ica. lre'L l(?SS, 11_ 12 _ eIr Y\Y� 5 L T e S a(\PO� hn t y L,e- - r (4 �:g�c G>z,r C+ C �C S-DsES ro A 13. �e r s ^[�(!!� T �� t s (l ( Ce vl`Cj C c,2 ({ n F 14. 15. 16_ 17. �V 1 ti `l r y T S ! b t= . LCD -( CA !,� E 1 - SE " Iic) rind S I7c& L . L. C! rzp (ze TO r t3uy real C Josrn � rs 20. +r' t (000 D _ 21. 22. 23. 24. 25. 26. 27 28. 29. - 30. 31. 32. 33. 34. i' f 36. {�r} (9ate) (Buyer) {Hate} 37. THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYERS AND SELLERS. 38. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. MN -APA (9100) ER 179 (08/02) JEA(SZN ESTArE.5 Clfy of maple rvoo Ramsey Co—ty, A'flnnesat'a _- i — is I i CAVESW'(10i78 AND I ul - I 7 I I iu I F101dG5 ihi 47 �. ADDITI0II I-- I . I 1fO17 I 11616 "� wl 7 •r - -- - - - - - -_ r--- •----- - - - - -7 ( I/ G. I --. - �. - - • ` \\. 14114 r4M1 �/ �/ // (_l ��` i>yi. +ir � �� --- :� –• i � ���\� ,sue ^ J �_— I,�fi'.� ''� -� I� —}- "'.I. "' -- �— \�� — �`✓C� u. [4 emu. IKETLAND w, - - ��HIL LCRES — 1 I I I I I rl r – 'l. ' – _. – , i �. r - - � 1)I 1` HEIL' I I LJ i 1540 I 22'79 I 2209 / ' ` J \\ 2315 _ srra lure. r .. -- i- -- •—�— . ?.° "., N`« :n;;,;; — aarxres .rsagoxrse+an7sr•. - -... —. . SITE PLAN Z � CI AGENDA REPORT TO: Greg Copeland, City Manager FROM: Karen Guilfoile, City Clerk DATE: October 17, 2006 RE: Code Revisions- Chapter 6 — Alcoholic Beverages — Second Reading Introduction Item K5 At the October 9` city council meeting the first reading of Chapter 6 Alcoholic Beverages was approved by council. Staff was not directed to make any further changes. The code, with prior changes and additions as outlined below, is presented for a second reading and will become effective after publication in the official newspaper. Sec. 6 -1 Proof of'agefor consumption, purchase or possession this section was expanded to reflect documents acceptable for the purchase, possession and consumption of alcohol. Sec. 6 -2 Misrepresentation of age to obtain alcoholic beverages; possession or consumption by persons under 27 years of 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 of 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 of 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 of 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 ofperson 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) Persons 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. 6 -129 Transfer of license; transfer of corporate stock; change of corporate officers - 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 -130 Suspension or revocation of licenses — language removed and added to reflect current practices and State law regarding the imposition of penalties for numerous violations. Sec.6 -131 Temporary liquor licenses for nonprofit organizations - change made to reflect State Statute permitting up to 12 temporary liquor licenses for nonprofit organizations. Sec. 6- 132(4) Application for temporary liquor license - 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. Sec. 6 -162 Amount of fees - removed due to redundancy, covered "In General" in Sec. 6 -6. Sec. 6 -163 Sunday sales licenses of on -sale licensees — clean up to reflect State Statute and city code. Sec. 6- 165(a) Investigation of applicant; inspection of premises; council hearing; grant or denial — clean up language for clearer direction. Sec. 6- 166(b)(c) Surrender of on -sale 3.2 percent malt beverage license before issuance of off -sale intoxicating liquor license; state approval of bonds — clean up language to reflect current practices. Sec. 6 -167 Effect of denial — clean up language. Sec. 6 -169 Ineligibility of certain premises removed requirement of intoxicating liquor license establishments being 100 feet from churches and schools. Sec. 6- 169(c) Language added to reflect staff proposal to restrict off -sale licenses to be issued to off -sale premises located 1,000 from an existing 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 or wine license. Also, within 3 months of a new hire, employees are required to complete an alcohol awareness program approved by the police chief. Finally, a requirement to complete alcohol awareness training annually by all employees that serve or sell alcoholic beverages on licensed premises is required. This information will be required as a part of the annual renewal of licenses. If licensees have not complied with the requirement of alcohol awareness, they will be in noncompliance of their license and assessed a fine at the discretion of the 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 of 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 Sec. 6 -6. Sec. 6 -228 Fours of'sale — removed due to redundancy, covered in Article III, 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 the second reading of Chapter 6 pertaining to Alcoholic Beverages. N� MX6 See. 6-1. Proof of age for consumption, purchase or possession. Sec. 6-2. e e Secs. 6--7 8--6-35. Reserved. Article 11. 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. See. 6 to deliver, Sell, Ser-Ve Or- VE414. Secs. 6-4-039-6-65. Reserved. Division 2. Licenses See. 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. See. 6-71. Notice to city ee4n4l-of stock transfers and change in officers of corporate-holders. 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 and administrative.-aplLoval. Sec. 6-75. Vaysaent a4ee- Sec. 6-76. Inspections of premises. Sec. 6 76. Ot-:1 4- -4 Ve-pocts to city eounzeil; g,-R4qt 4P Secs. 6-787-6-105. Reserved. Article III. Intoxicating Liquors Division 1. Generally MAPLEWOOD CODE Secs. 6-1324,5-6-160. Reserved. Division 2. On-Sale and Off-Sale Licenses Subdivision I. In General See. 6-161. Established. See. 6 Amount of fees. Reserved. Sec. 6-163. Sunday sales licenses for on-sale licensees. See. 6-164. Application; payment of fee. Sees. 6-1723-6-190. Reserved. Subdivision 11. Special Club Licenses Sec. 6-191. Issuance. See. 6-192. Sales limited to members only. see. 6-198. Diseriennation by licensee. Sec. 6-1943. Fee and application. See. 6-1944. Applicability of other sections. Sees. 6-1965-6-220. Reserved. Division 3. On-Sale Wine Licenses Subdivision 1. In General See. 6-221. Definitions. See. 6 Required; exceptions. See. 6-223. Issuance only to restaurants. Sec. 6-224. Number unlimited. See. 6-225. Fees _and ap2lication. See. 6-226. Approval by state. See. 6-2297. Pur-ation. Sale of intoxicating malt linuors with an on-sale wine license Sec. 6 Duration Sees. 6-229-6-250. Reserved. Subdivision 11. Temporary Wine Licenses Sees. 6-254-6-280. Reserved. Division 4. Bottle Clubs Sees. 6-291-6-315. Reserved. Division 5. Maplewood Community Center See. 6-316. Sale of intoxicating liquors. See. 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. State law reference—Similar provisions, Minn. Stats. § 340.503 subd.6 (Qode.-1982,.-§ 5 (b) it is f4- the 21 to beverage the ii4tent to upAawful a per-son un&v age of years possess ai4y alealaolie with (e) it iS URIaVglal f6r aRVE)Re HRder tl4e age of 21 years to eonsuRw m4y aleeholie beverage ui4less iR the �4 Sec. 6-2. Discrimination by licensee. (a) It is unlawful for a licensee under this subdivision to discriminate against its members, guest of members, customers ore ployees on the basis of race, creed, color, religion, national origin, sex or disability. (b) It is unlawful for a licensee under this subdivision to use a membership application for containing any c�czcstions about race, creed, color, rcli� ion, national origin, sex or disabilit� or to aloe any record of inquiry about race, creed, color. religion. national origin, sex or disability in connection with an application for emplovment or membership. (Code 1982, § 5-101 State law reference —Si milar provisions, ,,-A4inn.,,,Stats § 340..410, Subd. 6. 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) 444 Keep the house t 4 - 4 - 1- q withiR city a or- place . .... -ice --R-- 4a eil k24 Visit suelq house or- plRee to pur-ehase or- @onsume Ray intoK4@ating hquor- -,o!4 on the ((;e4e 1982, §4=4� Sec. 6-54. 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, iuvestifffftieH, ete., 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, 19y r-es olutioi+,- from time to time. Intoxicating liquor license fees may be paid in two equal installments on January 1 and June 15. All fees under this chapter shall be deposited into the general fund of the city. (Code 1982, § 5-6) See. 6-6 Age to deliver, sell, serve or vend. (a) It is unlawful for a licensee under this article or the licensee's agents ore ployee to allow a person under the age of years to deliver, sell, serve or vend any 3,2 malt ..liquor .. any .. intoxicati intoxicati I .. L .. jq uor to a person in the cites (b) It is unlawful for a person under the age of 18 years to deliver, sell, serve or vend any intoxicating liquor ..to..a person in the city (Code 1982 . §..5L64j State law reference — Similar provisions, Minn. State § 340A.412, Subd. 10. Sec, 6- 7 Adoption of State law. Exec t to the extent the Dro . . )fthis ch ter are more restrictive the rovi ions of Minnesota State Chapter 340A. relating to the definition of terms, lice sing, consumption, sales hours of sale and all other � of intoxicating_liauor wine and 3.2 malt liguor are adopted and made a part of this chapter as if set out in full. Geoo 6`7 8-�6'85. Reserved. ARTICLE II.3.2 PERCENT MALT LIQUORS DIVISION 1. GENERALLY Gmc 6-36. Definitions. The following words, terms and phrases, when used iu this article, shall have the meanings ascribed to them iu this section, except where the context clearly indicates udiOermutzummoiog: A/mxhm\c beverage means any beverage containing more than one-half uC one percent alcohol by volume. Bona fide c1uh 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 o£ the club. Intox liquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 8.2 percent o1 alcohol byweight. (Jff-aa/emeans the sale of3.2 percent malt liquor for consumption off the premises only. Person includes any individual, partnership, association, trust, institution, corporation, ormunicipality, and includes also omunicipal liquor store. 6a/e, sell and ' porxbuae include all barters, exchanges, gifts, sales, purchases and other means used to obtain or furnish liquor oaabove 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. 12percent malt liquor means malt liquor containing not less than one-half of one percent of alcohol by volume and oo more than 3.2 percent oC alcohol by weight. (Code I982, § 5'2I) State law reference—Similar provisions, Minn. Stute.§834OA.lOI,64A�44.eu44S&ubud.-7I9. Sec. G'37. Hours of sale and consumption. (a) No3.2 percent malt liquor shall be sold iu the city between -12:OOa.zu. and I2:O0 noon oo Sundays. W 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 -12:00 a.m. closing hour to clear the premises of customers who are on the premises at -12:00 o.cu. and such customers during that time may consume 3.2 percent cuuIt liquor beverages purchased by them before -472:0Om,zu. State law reference—Sales of nonintoxicating malt liquor, closing hours, Minn. Stats. § 340A.504.Subd I & IN 44 3,2 P@P@eRt FARIt liquo-F to a pevSon 3.2 per-eer-A R4 It liqUff- 014 the lieeRSed Pr-eMiSeS; 04 Pei-son other- than the paFent er legal g�tafdian te pr-ee�tfe 8.2 per-eent malt liq�ter- f4 44 Pei-son to indtiee a persen �imder the age ef 21 years te p�tfehase at- pi-E)et+t-e 8.2 per 4� Per uwler the age of 2! years to @lRiFA tO be 21 YeRPS OF Older- fOr- the PUPPO 454 Pe-Fson Hndpi2 the age of 21 yea-Fs to eans"aliae RRY 3.2 pefeefA lRalt li"Op unless, in tke See. 6-39. Age to deliver, sell, serve or vend. it is unlawf�dl for- a per-SO14 un4er- the age of 21 years to Eleli�;er-, sell, serve or vei44 9.2 per-eei4t malt liquo �, DIVISION 2. LICENSES* ITMATatTgrilligma %tm 44RH the lawask-14014 the tIaRn the plaee atlle-p of per-son's, pRr-ent 3-: A-T- the is O-F guff-p4ian. -possession at R P!Rep other- tO it ahe-v -4 of pe'-son's qRvel4t 0,- guRr-4iRR ppim-:la @OqSUR4@ Rt a PiRee WE)& 1982, §-, See. 6-39. Age to deliver, sell, serve or vend. it is unlawf�dl for- a per-SO14 un4er- the age of 21 years to Eleli�;er-, sell, serve or vei44 9.2 per-eei4t malt liquo �, DIVISION 2. LICENSES* ITMATatTgrilligma %tm Except as provided in this section, it is unlawful to sell 3.2 percent malt liquors at retail in the city except when licensed under this division. Two Three types of a-4444-uol licenses are issued for the sale of 3.2 percent 171MGKI •�R= (1) Annual 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. chief to discuss measures to eliminate the sale of alcohol to underage person, general security and the city ordinances pertaining to this article. The clerk will also forward to application to the fire marshal for of the _pre mises where applicable. *State law reference---Similar provisions, Minn. Stats. ch. 340A. (2) Annual ff-sale licenses permit the licensee to sell 3.2 percent malt liquors in the original packages for consumption off the premises only aed the license fee is fleEed by the eity eeafteil Paid paid to the (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. Stats. § 340A.40-2,.301 Subd. 4 MM (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 Except for a temporary on-sale license issued under this division, all licenses issued under this division run for a calendar year from Jaly-4Janu ryl. 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, sub4Subd, 5. vmmgmml��, �� Umm��� It is unlawful for a person licensed under this division, but not licensed to sell 32 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. the purpose of consumption by anyone. (Code 1982, § 5-41) � [�_* a MT roi i ', t 1 i Il i ma P 4 WSTV� a It is the duty of the police offieers, department 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 eak+se a reason for the council to revoke a license issued to such convicted person under this division, (Code 1982, § 5-42) 9�� r� (a) A person seeking a license under this division must apply to the city eeneeil r the license by filing a written application with the city clerk. The city clerk must present the application to the-eity�il_p.Qlice where such sales are forbidden by state law or any other ordinance of the city, The applicant for a license under this division must permit the appropriate officers of the city, ue well ms 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 ia sought. A refusal bythe applicant to permit any such inspection shall ba deemed as aoffioi*ut Arnouda for the council tnrefuse to issue the license applied for. (Code I982, § 5-45) department. 440 application and great or deny the lieense. (Code 1982, § A-444 the city eje in f+jd, the imposed, set, estalalislie -.4444-44*e4l.-hy the eity sea The applicant for a license under this division must permit the appropriate officers of the city, ue well ms 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 ia sought. A refusal bythe applicant to permit any such inspection shall ba deemed as aoffioi*ut Arnouda for the council tnrefuse to issue the license applied for. (Code I982, § 5-45) department. 440 application and great or deny the lieense. (Code 1982, § A-444 i DIVISION 1. GENERALLY *0�1 I -�- , � This article does not apply to the following: h\ Persons issued licenses bvthe commissioner of public safety pursuant toMinn, Stmts. § 34OA.8IS for the importation and sale of wine exclusively for sacramental Imnuum (2) Medicines intended for therapeutic purposes and not intended oaa 03) Industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical, or industrial purposes: or (4) Nonputable compounds ur preparations alcohol. State law for above section and similar provisions, Minn. Stxta. §§ 340A-3I6, See. 6'I08 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: (d Under the age oC31 years. (2) Who is obviously intoxicated. (3) 7o whom sale is prohibited by this Code or other ordinance of the city or by any law of this state. (Code I982, 8 5'63) State law reference—Similar provisions, Minn. Stuts. 86 340A.502, 340A.503. See. 6-109. Age of person to deliver, sell, serve ar yend the age of 18 years to deliver-, sell, serve or vend any intoxicating liquor to a person in the-eyby, Sec. 6- 110. Sales to be in public view. Alau1aao£ intoxicating liquor iu the city allowed under this article must be made iu full view mf the public. Sec. 6-111. Sales made where prohibited. No person may sell liquor iu the city iva place orioo part uCu building where the sales are prohibited by state law or this article. (Code 1982, § 5fk6) Sec. 6-112. Drinking in public place — outside events. (a) No person may drink intoxicating liquor luu 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 ioo 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 o£ one-half hour thereafter. 6Ao exception to this section is hereby authorized to allow on-sale license holders tohost up to two outsi oae-tinw events, pursuant to an application and receipt of a permit therefor, which events may include the drinking uC intoxicating Ikpuor following apply with respect to such events: (1) AR even sha mean uu individual, distinctive cultural, social, educational or recreational occasion, not exceeding QS hours total duration and not recurring within the same calendar year. See. 6-113. License required. (Code I882,§5'G7) (o) Iiis unlawful for o person to sell intoxicating liquor for consumption ot any time oc place within the corporate city limits without first having obtained a license as provided in this article. (b) It is unlawful for uperson, directly or indirectly, upon any pretense mbyany device, tokeep for sale or to possess for the purpose of sale intoxicating liquor, without first having obtained from the city u license tusell intoxicating liquor. (Code 1982, § 5-68) Sec. 6-114. Tax stamps m labels mzcontainers. (a) It is unlawful for operson to possess intoxicating liquor without proper tax stamps or labels on the container thereof, aa required |y state law. (b) Nothing in this section prohibits the possession o£ fruit juices fermented iu the home for family use. W Fermented malt beverages containing more than 8.2 percent of alcohol by weight or four percent by volume, having the required amount of tax stamps oo required byotatmluvvnutbeooutoivartbmrmofortbm case iu which the beverages are contained are not subject to this section. d) This section does not apply to intoxicating liquor poured from containers orbottleahuviogtheoaontbe 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 mnatamDmdbottles. (Code 1982, § 5'60) See. 6'Il8. Retail sale for beverage purposes of ethyl alcohol or neutral spirits. No person may sell ot retail iu the city for beverage yuryosmethyloboholmoeutrospiritsorsubstitutee thereof, possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol orneutral 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 l25. Article D, Standards o[ Identity for Distilled Spirits. (Code lQ82.8S'70) State law provisions, Minn. Gtotm. § 340A.508. (a) A license under this article may be issued only tou person who isucitizen 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 isthe 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. T6mrorpmmdnnor partnership shall immediately have the new primary and acting manager apply for olicense. State law provisions, Minn. Stuta.§ 8mu G'1l8. Persons ineligible for issuance nflicense. (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 oC the license application. WNo 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. The section also applies to current license holders sanctioned pursuant to this article, (Code I982 § 5'72.5) State law provisions, Minn. Stnta. § 340A.402. Sec. 6'119. Investigations ofon-sale applicants for issuancetranefff or renewal nflicense. 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. W 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. Stats. ch. 340A. (Code 1982, § 5-74) State law reference- provisions, Minn. Stats. § 340A.412, sub El ii d. 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. Stats. 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. Stats. ch. 340A. (Code 1982, § 5-75) State law reference—Similar provisions, Minn. Stats. § 340A.412, &R44Subd. 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, &ub­dSubd. 3. (Code 1982, § 5-76) State law reference—Similar provisions, Minn. Stats. §§ 340A.301, su44 ii d. 7, 340A.412, eia44Subd. 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, -su4dSubd. 4. See. 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, 6u44Subd. 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) a. with or upon another person sexual intercourse, soda v, oral copulation, ft--ellation or anv sexual described above, (7) to permit any person to remain in or upon the licensed premises who exposes to public view any portion of his or her luenitals or anus. tion or other a. acts or simulated acts of sexual intercourse. masturbation,-sodorn t ulation, flagellation or any sexual act which is prohibited by law. c. scenes wherein person displays vulva or the anus genitals. d. scenes wherein artificial devices or inanimate obiects_ are _employed_to_ depict,_ or - are employed to portray, any of the prohibited activities described above. (ed) 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 orto perform the duties ufuhumpoceuunr dishwashing services iopJoceede6omiuenraaLaucootoc hotel or motel serving food inrooms iu which intoxicating liquors are sold ot retail on'aolo. (Code I982, § 5'80) State law provisions, Minn Gtota. § 340A-4I2 lU. 800 6'127. Operation of amusement devices by minors bzbarrooms. amusement devices may not be used bvo person under the statutory age o[ majority in an intoxicating liquor dispensing barroom in the city licensed under this article. (Code IS82 5'81) See. 6-128. by cilu s. Reserved. Notwithstanding any provision of law to t4e eontriary, no license for the on or 04�sffle sale 6 inte@deating liquor may be issued er renewed by the eity under this article to a club which discriminate& 8ou G'I29. Transfer uf license; transfer of corporate stock; change nf corporate officers. (a) No license granted under this article may ba transferred from person to person or from place toplace | without the consent n[the (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 iuwriting to the city e*n*e*44-witbio 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 uo such transfer of stock may ba made without the consent oythe .Itie the duty uC the otfioero | oCu corporation holding a license issued under the authority of this article to notify the +e*awildtA proposed sale oc transfer uf any stock iu such corporation, and oo such sale nr transfer shall beeffective | without the consent uCthe eo4nei4dty given iothacououaroatDmrtbiutbiaaeodou.Tbetruua0sroCunystook without the knowledge and consent of the eaaieAdta shall 6m deemed sufficient cause for revocation hythe city council ofn license granted to such corporation under the authority of this article. W Such corporate officers mentioned in subsection W of this section must notify the e@u+w44LLtj whenever any change is made in the officers of the corporation. Failure to so notify the PQ444wiJialikewise sufficient cause for revocation of a liquor license granted to such corporation. (Code 1982, § 5-83) State law reference intoxicating liquor license may be transferred with consent of issuing autlierity, Sec. 6'130. Suspension or revocation oflicenses. Notwithstanding any other section of this chapter, u club or charitable, religious, orother nonprofit organization tu existence for ut least three years may obtain xo on-sale license tosell 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 onthe 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 ofm full year on-sale intoxicating bgourbceuaeiaau*dbytbedty.TbeceeOoranob license shall bm established by the city council ozu time totime. NE) organizatian may be Qmo 6'132. Application for temporary liquor license. Application for u temporary liquor license shall beouforms provided 6v the city clerk and shall contain such information as specified by the city clerk including the following: (1) The name, address and purpose ofthe organization, together with the full names and addresses o[its (2) The purpose for which the temporary license ia sought, together with the place, dates, and hours during which intoxicating liquor will be sold. (3) Consent of the owner m manager oy the premises or person orgroup with lawful Responsibility for the premises. (4) An application must be placed on file when it is received by the city clerk who will forward it to the failed an alcohol compliance check, Applicant to meet with the police chief discuss measures to eliminate the sale of alcohol to underage person, general security and the city ordinances pertaining to this article. The clerk will also forward to ap-plication to the fire marshal for inspection_of the_gi :emises where applicable. State law provisions, Minn. Stata. 8 340A.404.enIw4SubdL lO. eity eouneil for its DIVISION 2. ON-SALE AND OFF-SALE LICENSES Subdivision 1. In General There are hereby established the following city intoxicating liquor licenses: (I) On-sale. (2) Off-sale, (3) Limited off (Code 1982, § 5 The smeefit ef the lieense fee far- eseh type of license i9seed tifider- this di�,4,siofi shall be such affieunt fts 4;4 The holder wfuoon-sale liquor license under this division may uooIv to the 000ucU for u Sunday au1ma license. The city oouooU may after one public hearing grant an on-sale Uoeoamm o Sunday sales Uomuae permitting the licensee to sell intoxicating liquor between the hours of 10:00 a.m. on Sundays and -1-2:00 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 aucue application as the oo'au&s licensee uses to apply for an on-sale 1beuae 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 uuon'auIm 6cmnaom uzlmaa the licensee operates mroataoront 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 topeople oaut*d ut restaurant or dining room tables. (Code 1982, § S'AH) State law reference—Authority for above section, Minn. Stata, 8 340A.504. aubd.-92(2). such sales are proposed. (3) Whether the applicant has ever been engaged in a similar business, and, if so, the location thereof and the dates when eo engaged. The application must be signed and verified by the applicant in person and, if the applicant is a corporation, by an officer (4) If the applicant isucorporation or club, itmust attach ucopy of its bylaws. No license will be issued to the applicant if the bylaws express, directly or indirectly, any limitation or discrimination on the basis mfrace. (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 inspection oy premises; council grant urdenial. 6J The city clerk must immediately transmit mu application for olicense submitted under this division tothe police chief for investigation of the appli ant. Relevant information will also be forwarded to the fire marshal inelu4m,gLfer inspection o[ the premises. (b) Upon completion oCthe investigation under subsection 6Jnfthis section, the police chief 9L the cit clerk AT shall report the findings to the city council atopublic hearing on the application held according to law. W 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. (b) If an off-sale license is granted under this division, the clerk is to issue the license 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. W If an on-sale license is granted under this division, the N e we l tie u: 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 intoxicating liquor license prohibited for place where nonintoxicating percent malt beverages sold for consumption on premises, Minn. Stats. § 340A.412, S 612. Sec. 6 Effect of denial. Should the application for a license under this division be denied, the resolution denying the license must the city clerk shall 4o, 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 Bond. (a) No off 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. W 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 off-sale license, shall be conditioned as directed by the commissioner of public safety. (Code 1982, § 5-109) See. 6-169. Ineligibility of certain premises. (Code 1982, § 5-110) State law reference—Authority for above section, Minn. Stats. § 340A.412, s+ib4Subd. 4. Sec. 6 Duration. All licenses granted under this division expire on December 31 of each year. (Code 1982, § 5- 111) See. 6-171. Extent of licensed 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.101, subd. 15. Sec. 6 Alcohol Awareness Trainin —Within six (6) months of the initial issuance of a new on off liquor license or a new wine license, not less that 75% of the emplgyees authorized to serve or sell wine .. liquor .. on the licensed ..pre mises have completed an alcohol awareness program approved by the p chief. – Existing on off liquor license or wine license holders shall within three (3) months of the passage of this ordinance comolete an alcohol awareness orogram anDroved by the colice chief. 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) Minn. Stats. § 340A.10I Subd.7 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) membership or guests of its membees an the basis of race, er ealer, r national ofigm, eff State law reference 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 wen„ latian-from 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 I. In General 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' On-sale wine licenses means licenses authorizing the sale of wine not exceeding 14 percent alcohol volume. for consunintion on the licensed nremises only. and in coniunction with the sale of food. Idol *State law reference— On-sale wine licenses, Minn. Stats, § 340A.404, RubdSubd, 5. disability es inqui qtieations about r-Ree, creed, color-, religion, entienal erigm, se��E er or- make any reeor-4 of about -gee, er-ee4, membeFslaip. (C,64P eolor, religion, national li)82 § 5-1(41) @,-igiou, se-y".ov 4-is. in eonneetion atpplieationc fe-F State law reference 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 wen„ latian-from 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 I. In General 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' On-sale wine licenses means licenses authorizing the sale of wine not exceeding 14 percent alcohol volume. for consunintion on the licensed nremises only. and in coniunction with the sale of food. Idol *State law reference— On-sale wine licenses, Minn. Stats, § 340A.404, RubdSubd, 5. 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 for the purpose of eating meals. (Code 1982, § 5-126) State law reference—Similar definitions of the terms "on-sale wine licenses" and "restaurant," Minn. Stars. §§ 340A.101, oub4Subd. 25, 340A.404, sub4Subd. 5. 1= 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) On 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. Stats. § 340A.404, aaWSubd. 5. 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 wine license to any restaurant having facilities for seating at least 25 guests at one time, Minn. Stats. § 340A.404, Subd, 5. Em (a) The annual lieense fee for- an ou-sale wine license issued Under- this 4ivisioo shall be based UP014 t imposed, set, established and Axed by- the city council by r-esolution 4E)m time to time. (W All be paid into the geee_V4ZI @jt5�. ((;Od@ 1982, § 5-13-24 04 No wine may be sold between the hours of 1:00 a.m. and 8:00 p.m. on the day of any 4 NE) wine may be sold between the hours of 1:00 a.m. and 8:00 2 -4anday through 4;04e 1P82, See. 6-2.W 230. Duration. All licenses issued under this division expire on December 31 of each year. (Code 1982, § 5- 134) Subdivision II. Temporary Wine Licenses IMMMi�� 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 and intoxicatiLig malt hig1jorfor consumption on the licensed premises only. The fee for such license shall be established by the city council by resolution from time to time. The city may not issue more than three four granted more than two sueh lieenses per ealendar- year-. (Code 1982, § 5-185) 9MMMHIWMI9IM= Sec. 6-227. Sale of intoxicating malt liquors with an on-sale wine license. Application for a temporary license under this subdivision shall be on forms provided by the city clerk who if the applicant has failed an alcohol compliance check. - The clerk will also forward the application to the fire marshal for 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) Sec. 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) 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 e1uh means a club, as defined in Minn. Stats. § 340A. &o44Subd, 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in Minn. Stars. § 340A. 6t444Subd. 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, �se44Subd. 2. Sec. 6-282. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. the member of the club. All liquor on the premises of the club must be labeled as required in this section, and any not being actually used or consumed by the owner thereof must be kept in a locker designated to the use of such member. (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) : =Wr#VVT_n1ff=1#TTM_3 No establishment licensed under Minn. Stats, § 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 am. and 8.00 am. on Monday through Saturday; between 1:00 am. 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 State law reference—Similar provisions, Minn. Stats. § 340A.40441 1, subds. 5 and 6. A bottle club or business holding a permit issued under Minn. Stats. § 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. Stats, §§ 340A.414, seWSubd. 7, 340A.90T 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 intoxicating liquors. (Code 1982, § 5-152) State law reference—Similar provisions, Minn. Stats. § 340A.414. 19-mm 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. See. 6-290. Seizure and disposal of intoxicating liguor sold, served or displgyed in violation of division. 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, Stats. § 340A.904, et4leilSubd. 1. M1 Agenda Item L1 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer SUBJECT: Trunk Highway 5 — 120 MnDOT Property Usage Study, City Project 03-20, Task Force Report and Authorization to Proceed with Study of Marshlands Proposal DATE: October 16, 2006 INTRODUCTION On August 14, 2006, a report on the task force groups working on the various proposals for the use of the MnDOT property at TH 5 and TH 120 (Century Ave) was presented to the City Council as an information item. On August 28, 2006, the City Council directed the sending of a letter to School District 622 indicating that the City of Maplewood, similar to the City of Oakdale, does not support the relocation of their bus garage into Maplewood. The Task Force groups have concluded their work and it is proposed to consolidate the work and proceed with analysis of the single Marshlands Proposal. Background The excess right of way on the western side of TH 120, at the intersection with TH 5, has been under discussion for six years regarding the possibility of relocating the ISD #622 bus maintenance facility from downtown North St. Paul to this site. An environmental group, including representatives from Hill — Murray Schools expressed interest /concern with site proposals. In July 2005 each of these groups made a presentation to the City Council on their proposal. On January 23, 2006, the City Council heard a presentation from ISD #622 on the bus garage proposal. On March, 13, 2006 a public hearing was held to receive local input on the Marshland Environmental Concept Plans. The Council directed that a Task Force of representatives from all the interest groups convene to identify issues and alternatives. The Task Force was charged with reporting to the Council with information by October 2006. Task Force Reports (reprinted from August 14 report) The Task Force determined that the approach to be used was to establish four work groups to study the various issues and then report back to the total Task Force. The four groups identified were: 1. Alternative Sites: charged with looking for alternative locations for the bus garage facility 2. Transportation: charged with looking at the transportation issues with all proposals 3. Marshlands: charged with identifying if the Marshlands proposal is a viable alternative 4. Wetlands: charged with further development of the wetland jurisdictions on the site Following are excerpts from the recent Task Forces reports: a. Alternative Sites Task Force: Patty Reed, ISD #622 and Scott Duddeck, N.St.Paul and ISD #622 Board Member, presented information on the study of the area looking for alternative sites. The Task Force reviewed 60 alternative locations within a 3 mile radius of the MnDOT property. Criteria for the property included 5 -6 acres. They reviewed each of the parcels and did not find anything that would work for the bus garage facility either for cost, environmental or development related issues. Scott also distributed a letter from the city of Oakdale indicating they do not support a bus garage facility within their boundaries. Following some Agenda Item L1 questions on the Task Force study, it was indicated that the Task Force needed to prepare an explanation about the existing site regarding expansion capabilities and site restrictions. Patty noted that financial issues push the decision. The district is spending extra funds for busing due to the inability to operate the entire fleet. They wish to have an additional 36 buses brought back in -house for operating efficiency. The current building needs $0.5 million to refurbish and it would still be an outdated, non- conforming facility. Further explanation will be provided on why enlarging the current site is very difficult. b. Transportation Task Force: Scott Duddeck distributed maps showing 4 possible roadway options within the sites. Scott provided the following comments on each alternative: #4 — has too much wetland impact and was dismissed as not feasible #3 — does not work for Hill- Murray due to restrictions on expansion #2 — does not work for Monastery as it splits Parcel A which is designated for future uses for the Monastery #1 — while still having impacts on adjacent parcels, is the least offensive Chuck Ahl discussed how it is good transportation planning to provide a connection from Hill- Murray School and the development plans for the Monastery site to the north to the signal at TH 5 — 120. MnDOT does not have funds designated for any improvements to TH 120 for the next 25 years. Ramsey County is also struggling for funds and is not likely to expand Larpenteur for a similar period of time. Given this situation, a connection to the north seems the only reasonable approach to solving the area transportation issues. c. Marshlands Coalition Task Force: Joe Peschges, Hill- Murray, presented a report on the Task Force's investigation. The group has worked to define the need for fields. A rough cost estimate to develop the area is around $3.0 million. No final funding scenario has been developed. Once funding needs and field issues are resolved a governance model will be prepared along with maintenance ideas. It was noted that there is good support for the Environmental Education Park. [New information is attached on this Task Force.] d. Wetlands Task Force: Ron Cockreil, Maplewood Resident, and Tom Petersen, Ramsey County SWCD, presented information on their meetings and information from MnDOT on the site. It was concluded that this could be a good site for wetland restoration. A TEP Panel report evaluated the wetlands at the site and reviewed the wetland reports of Svoboda and SEH. The panel questioned some of the conclusions regarding `incidental wetland' status and had some concerns with the wetland boundaries noted in the report. Additionally, the panel indicated concern with MnDOT's stockpile operations and reported on the need for improved protection at the site for current operations. The panel was not able to make a final determination of what wetlands have jurisdictional protection and that additional information is needed on some of the wetlands. Finally, it was noted that the US Army Corp of Engineers (ACOE) feels that they would have jurisdiction over wetlands at the site. A lengthy discussion ensued about the impact of the ACOE. It was noted that MnDOT is responsible for jurisdiction of the wetlands while they own the property, but that the ACOE could add additional restrictions. If the property goes to local ownership (i.e. Maplewood, ISD #622 or private) then Ramsey Washington Metro Watershed District would have wetland jurisdiction along with ACOE. All agencies follow the same rules and laws as defined by the Wetland Conservation Act (WCA), and it was agreed that the ACOE might add further restrictions. All wetland respondents concurred that the most restrictive requirements will need to apply to the site. It was decided that no decisions on the final Agenda Item L1 wetland issues can be made until a proposed plan is submitted for permitting. Sarma Straumanis, MnDOT, indicated that all groups should assume a worst case scenario for wetland replacement in their project planning. e. MnDOT position Letter (copy attached) A letter from Chris Roy was reviewed by the Task Force. It was noted that it provided the conditions for the use of the site, but there was a question about the current MnDOT operations. Chuck Ahl noted that while MnDOT has always worked to meet local requirements, that the City does not have authority to enforce it's ordinances on MnDOT. MnDOT does however need to meet all laws and regulations relating to wetland operations and it appears their current operations may be in violation of some wetland regulations. DISCUSSION The Bus Garage Proposal was worked on by ISD #622 and the City of North St. Paul in cooperation with MnDOT for nearly 6 years. Over the years, the proposals have ranged from just a Bus Garage to a combination facility with a full relocation of the North St. Paul Public Works Facility, a MnDOT Electric Facilities Office/Warehouse and the Bus Garage. The combination facility came with a request from North St. Paul to annex this portion of Maplewood into North St. Paul. The requests by North St. Paul and ISD #622 have been rejected by previous Councils. The August 28 letter of Council finding on this issue should now allow other proposals to proceed. Each of the Task Force Groups developed position statements as follows: Position Statements a. Transportation Task Force — A number of alternatives have been studied that provide access through the site to Larpenteur Avenue. Neither the Priory nor Hill- Murray are prepared to support any alternatives that involve financial support or property dedication from their agencies. This is a future development issue that should be referred to those site development concerns. The Priory has prepared a transportation study (copy attached) that indicates that their proposed development will not change the functional ratings of the local intersections during the next 5 year period. The study needs to be questioned in that it concludes that a five -year planning period is appropriate when the City is charged with land -use planning for a 20+ year period, and that because the development does not change the functional operation rating of the intersections that their site development should not be a part of a regional transportation solution. The staff conclusion is that this issue is best left to be debated as part of any future submittals on the Priory site. The options are open as part of the MnDOT site, but should not preclude other studies. b. Alternative Sites — The City of Maplewood Council has determined that this site is not appropriate for use as a bus garage facility. Consideration of alternatives will be referred to the ISD #622 School Board. c. Marshlands Proposal — This proposal seems to have support from various groups who are interested in the ballfield and environmental features provided by the site plan. An estimated cost of $3.0 million has been developed. This Task Force needs an additional 12 to 18 months to develop financial support and commitments for this proposal. Agenda Item L1 d, Wetland Creation — The wetlands issues for this site are significant and complex. The Army Corps of Engineers will have jurisdication along with provisions of the Wetland Conservation Act. The site is very appropriate for wetland mitigation. Final determinations on the wetland values and boundaries are dependent upon final site plans submitted for the property. Further analysis is best done in combination with other proposals and potentially could be supportive of the Marshlands Proposal. Proposal to Proceed At this point, the site's operation by MnDOT continues to be a concern for area residents and environmental concerns. If the City Council takes no action, the site will likely continue to be used by MnDOT for maintenance operations for many years. They have indicated as such. The Marshlands proposal provides for the potential of numerous parties to raise funds for a variety of uses on the site with environmental components at the forefront. This appears to be the most realistic and best solution for this property. It is likely that some City funding is needed to continue participation in the project. An initial authorization of $30,000 from the Environmental Utility Fund's 2007 operating budget would allow the Director of Public Works funding to continue work on the process and have some expertise available to participate in developing solutions. A report on progress would be prepared for the City Council no later than October 2007. RECOMMENDATION It is recommended that the City Council direct that Maplewood is in support of consideration of the Marshlands Proposal for the MnDOT property at TH 5 and TH 120 and authorize up to $30,000 for the Director of Public Works to use to explore this option with a provision that an update on the progress of exploring this option be presented to the City Council no later than October 2007. Attachments: 1. MnDOT Letter 2. Priory Traffic Study 3. Letter to ISD #622 4. Marshlands Task Force Report June 24, 2006 City of Maplewood Maplewood MN, 55109 Dear Council: Several recent newspaper articles have focused on the Minnesota Department of Transportation (Mn/DOT) property at the intersection of TH 5 and TH 120, within the City of Maplewood. These articles advanced a misconception that Mn/DOT has "offered" this property for redevelopment. I would like to take the opportunity to clarify the status of the Mn/DOT property at the intersection of TH 5 and TH 120. While the original purpose for this property, the construction of an interchange is no longer intended, Mn/DOT has and will continue to utilize a portion of this property for materials storage. The remaining portion of the site is valuable to Mn/DOT for its potential as a site to restore and create wetlands as replacement for wetland impacts in the Metropolitan District. Mn/DOT has discussed and is willing to continue discussions regarding alternative uses on this property. These discussions have been and continue to be subject to the following conditions: 1. Any alternative use must maintain a 5 acre Mn/DOT materials storage area. (Either at this site or an equally convenient alternate site with no additional cost to the State). 2. Wetland credits must be made available to Mn/DOT in an amount commensurate with any lost opportunity for wetland replacement at this site. 3. The City of Maplewood must not object to the alternative use. Independent School District 622 has worked cooperatively and at length with the Mn/DOT Metro District regarding their plans for a portion of this site. They have fully met the first two conditions, and their plans have several additional transportation advantages. Mn/DOT is favorably disposed toward the ISD 622 proposal. The Hill Murray proposal has not yet met any of these conditions. In addition their proposal precludes a road connection through the property, thereby removing an opportunity to alleviate the traffic congestion at the intersection of TH 120 and Larpenteur. Also the utilization of the entire parcel for sports fields results in considerably more wetland impact. Development of a City of Maplewood proposal for sports fields at this site will also face these same issues (less of course condition 43). Mn/DOT remains willing to work with the City of Maplewood regarding all proposed alternative uses for this property. However, we do not wish to unduly raise your expectations. If no proposal can meet all three conditions above, Mn/DOT will continue to use the property for maintenance and other transportation uses. Sincerely, Chris Roy North Metro Area Manager Metro District Traffic Impact Study for Saint Paul's Monastery Maplewood, MN Wenck File #1778-01 Prepared for: SAINT PAUL'S MONASTERY Prepared by: WENCK ASSOCIATES, INC. 1800 Pioneer Creek Center P.O. Box 249 Maple Plain, Minnesota 55359-0249 (763) 479-4200 September 27, 2006 AaAWenck TAI 778\01\Repor1\ 1778-01 Report final.doe Table of Contents 3.0 TRAFFIC FORECASTS ................................................................. ............................... 3 -1 4.0 TRAFFIC ANALYSES .................................................................... ............................... 4 -1 5.0 CONCLUSIONS AND RECOMMENDATIONS ......................... ............................... 5 -1 FIGURES I PROJECT LOCATION AND STUDY INTERSECTIONS 2 CURRENT DEVELOPMENT PLAN 3 TRIP DISTRIBUTION 4 AM, MIDDAY AND PM WEEKDAY EXISTING, 2011 NO -BUILD AND 2011 - BUILD PEAK HOUR VOLUMES 5 AM, MIDDAY AND PM WEEKDAY EXISTING, 2011 NO -BUILD AND 2011 - BUILD PEAK HOUR LEVELS OF SERVICE r.0 Purpose and Background The purpose of this study is to evaluate the traffic impacts of the proposed redevelopment of a portion of the existing St. Paul's Monastery site in Maplewood, MN. The following principal traffic question is addressed in this study: Would adequate traffic operations be provided at the Larpenteur AvenuelCentury Avenue (TH 120) intersection upon full completion of the proposed redevelopment? The proposed project site is located within the City of Maplewood. The project site is located in the northwest quadrant of the Larpenteur Avenue/Century Avenue intersection as shown in Figure 1. The proposed project consists of constructing 50 new townhouses, a new 20,000 square foot monastery building, and 40 new senior apartments. The existing monastery building will remain and will be converted into a family shelter facility. The existing daycare facility located in the northwest portion of the site will not be modified. Full completion of the proposed development is expected to occur by 2010. See Figure 2 for the current development plan. 1-1 m t APPROMMATE SCALE TRAFFIC FIGURE I* FOR SAINT PAUL'S 2.0 Existing Conditions The proposed site currently consists of a monastery building and a separate daycare facility. The site is bounded by Larpenteur Avenue on the south and Century Avenue on the east. Existing geometries and traffic control at the subject intersection are as follows: Larpenteur AvenuelCentury Avenue (TH 120) (signalized): At this location, Larpenteur Avenue intersects with Century Avenue, forming a T-intersection. One through lane with a dedicated right turn lane is provided in the southbound approach and one through lane with a dedicated left turn lane is provided in the northbound approach. The northbound left turn operates with permissive and protected signal phasing. Dedicated right and left turn lanes are provided on the eastbound approach. The speed limit for both Larpenteur Avenue and Century Avenue is 40 mph on all approaches. Weekday AM, Midday and PM peak hour turn movement data was collected on September 12, 2006. Existing intersection and signal operations were closely observed on September 12, 18 and 19, 2006. The main issue observed in the field was the eastbound Larpenteur queue length shortly after 2 p.m. when Hill Murray high school let out. During the 15 minute period after school let out, the queue length extended beyond the existing monastery driveway on Larpenteur. This queue length only occurred a few times and each time the queue was able to completely clear the intersection on one green light cycle. After this 15 minute period the queue lengths greatly reduced in length. During the later p.m. peak the eastbound queues were significant at times but not as long as occurred when school let out. During the a.m. peak hour no problems were observed. 2-1 3.0 Traffic Forecasts Forecasting Scenarios To effectively address the traffic question presented at the beginning of this report, traffic forecasts were completed for 2011. It is standard practice to analyze traffic conditions for the year after full completion of the proposed development. Specifically, Weekday AM, Midday and PM peak hour traffic volumes were developed for the subject intersection. Analysis for the subject intersection includes the following three scenarios: • 2006 Existing • 2011 No -Build • 2011 Build The following methodology was used to develop traffic volumes for the above scenarios: 2006 Existing. Weekday AM, Midday and PM peak hour traffic volumes for this scenario were established based on peak period traffic counts. 2011 No- Build. To account for natural background traffic growth, existing volumes at the subject intersection were increased at a rate of 2 percent per year for 5 years. This growth factor was established based on review of historic traffic volume maps. 2011 Build. Volumes due to the proposed development were added to the 2011 No -Build volumes to establish 2011 Build volumes. Trip Generation Weekday a.m. and p.m. peak hour trip generation for the proposed development were estimated based on data provided by the monastery and data presented in the Institute of Transportation Engineers' (ITE) Trip Generation, Seventh Edition. The resultant trip generation is shown in Table 1. 3 -1 Table 1 Typical Weekday P.M. Peak Hour Trip Generation Use Size Units A. M. Peak Hour Trips Midday Peak Hour Trips P.M. Peak Hour Trips In Out In Out In Out Townhouses 50 Dwelling units 4 18 17 9 17 9 Senior Apartments 40 Dwelling units 1 2 2 2 2 2 New Monastery 20,000 Square feet 3 3 3 3 3 3 Family Shelter - - 115 25 25 115 15 15 123 48 47 129 37 29 Trip Distribution Percentages Trip distribution percentages for the subject development trips were established based on the nearby roadway network, existing and expected future traffic patterns, and location of the subject developments in relation to major attractions and population concentrations. The trip distribution percentages are shown in Figure 3. Traffic Volumes Accounting for existing volumes and background growth, the total weekday AM, Midday and PM peak our volumes for the 2006 Existing, 2011 No -Build and 2011 Build scenarios are presented in Figure 4. 3 -2 m k o x 5 AM Peak Hour Middpy Pga-K Hour C4 2 Larpenteur Ave, Larp nt ur Ave, 1' 1721" 7 256/2831286 1 113/125/134 qj tsr 2011 BUILD Bat I BUILD W SCALE XD50M Fi= DIN Olt PM Peak Hain Larpenteur Ave 221/244/256 110/1211157 tai � t F rF=- t11 2511 BUILD 40 SCALE XXADW TRAFFIC STUDY FIGURE Wenck FOR SAINT PAUL'S WEEKDAY PEAK HOUR Wenck Associates, Inc, ] 800 Pioneer Creek Center MONASTERY Environmental Engineers Maple Plain, MN 55359 TRAFFIC VOLUMES 4.0 Traffic Analyses The question presented earlier is addressed next. Would adequate traffic operations be provided at the LatpenteurAvenuelCentury Avenue (TH 120) intersection upon full completion of the proposed redevelopment? Level of Service To address this question, Weekday AM, Midday and PM peak hour capacity analyses, were completed for the 2006 Existing, 2011 No-Build and 2011 Build scenarios. Capacity analysis results are presented in terms of level of service (LOS), which ranges from A to F. LOS A represents the best intersection operation, with very little delay for each vehicle using the intersection. LOS F represents the worst intersection operation with excessive delay. Results of the capacity analyses are presented in Figure 5. As shown in Figure 5, all movements operate at LOS C or better during all time periods and forecast scenarios. Therefore, the proposed development does not change the LOS of any movement at this intersection. From a level of service standpoint, the proposed development does not result in any traffic operations issues at this intersection. Queue Lengths As described earlier, the only existing queuing issue occurs on eastbound Larpenteur Avenue during the 15 minute period after Hill Murray high school students are released. This queue temporarily impacts operations at the existing monastery driveway on Larpenteur Avenue. As shown in the site plan, the new access point will be moved approximately 250 feet west of the existing location, thereby reducing the potential queue length impacts. A review of queue lengths using SimTraffic showed small increases between existing and future conditions. Based on this review and the relocation of the site access, we do not anticipate any significant queuing issues at this intersection. If needed in the future, the eastbound signal timing could be extended during the midday peak hour to help with the queue lengths that occur after school ends. No geometric changes are needed to accommodate the existing or future queue lengths. 4-1 AM Peak Hour Mjid4gy_-FIpjW,"roql-r < In- ;zp :zw Larpenteur Ave. <j Larpenteur Ave. < C/Clc C/Clc AJA/A < < :Z�t < < �tZt > > N < 2011 2011 BUILD t Ff= t ----- -------- 2""8 NID2 2011 WILD 2011 BUILD I Ff= NOSCAW XXrXKW NO$CMf- XXOQM PM Peak Hour < zo ca Larpenteur Ave. C/c/C ;z:z 5.0 Conclusions and Recommendations Based on the information presented in this report, we have established the following conclusions: The proposed redevelopment plan will generate 171 weekday a.m. peak hour trips, 66 midday peak hour trips, and 176 p.m. peak hour trips. As shown in Figure 5, all movements operate at LOS C or better during all time periods and forecast scenarios. Therefore, the proposed development does not change the LOS of any movement at this intersection. From a level of service standpoint, the proposed development does not result in any traffic operations issues at this intersection. Based on our review and the relocation of the site access, we do not anticipate any significant queuing issues at this intersection. If needed in the future, the eastbound signal timing could be extended during the midday peak hour to help with the queue lengths that occur after school ends. No geometric changes are needed to accommodate the existing or future queue lengths. Overall, we are confident that the Larpenteur Avenue /Century Avenue intersection can adequately accommodate the proposed development with the existing geometries and signal control. 5 -1 August 28, 2006 Members of School Board Independent School District No. 622 2520 E 12 Avenue North St. Paul, MN 55109 RE: Proposed Bus Garage Facility Relocation Dear School Board Members: We, the members of the Maplewood City Council, would like to acknowledge our full support for the operations and financial planning of Independent School District No. 622. We have common goals in the development of our communities and strongly agree on the programs needed for the betterment of our youth within our area. The Maplewood City Council has reviewed a number of proposals that your staff in cooperation with the City of North St. Paul and MnDOT have developed over the past years for relocating your bus garage facility to property within Maplewood. After careful consideration of each of these proposals, we must inform you that it does not appear to us to be a reasonable request that your facility be relocated within the city limits of Maplewood. We are currently struggling with issues surrounding a bus facility on our western city limits. Given our knowledge of those impacts on area residents along with the impacts on the environmental features at the TH 5 — TH 120 site, it is our conclusion that a bus garage facility at this location is not supported by this Council and we encourage you to abandon your efforts at this location. We intend to pursue other concepts that include environmental features and wetland enhancement. Thank you for your consideration. We look forward to our continued efforts in developing youth programs in our community. Sincerely, CITY OF MAPLEWOOD Mayor Longrie and the Maplewood City Council Members Report to City of Maplewood September 29, 2006 Marshland Coalition Taskforce Coalition Taskforce members represent: ■ City of Maplewood ■ City of Oakdale ■ Maplewood Citizens 1 Environmental Concerns ■ Hill- Murray School ■ East Side Soccer Association ■ Oakdale Athletic Association Purpose of Coalition To provide greater detail about "The Marshland" proposal that was submitted to the Maplewood City Council on March 13, 2006, so that the City Council will have enough information to take action on the proposal by October, 2006. Specifically, more detail was requested in the following areas: • Property development (number /kinds of fields, roads, park amenities, wetlands impact, etc.) • Funding (How would the development of the property be funded ?) • Governance (How would the property l fields be governed ?) • Maintenance (Who will maintain the fields / park ?) Pr ©perty= development There is unanimous agreement by the takforce that the concept of an environmental education park would be a great asset for Maplewood and the surrounding community. Along with an educational environmental park, connecting trails, and wetland protection and enhancement will be priorities in the development of the property. Environmental Park The concept for this component of the Marshlands includes outdoor classrooms with natural science displays, opportunities to study ecosystems and ecological concepts in a natural wetland; walking trails connecting to established trails, all open to students from schools in the greater community, as well as adults wishing to use the park. Athletie fields - Deming the need Cities of Oakdale, OAA, Eastside Soccer, Hill- Murray School and North St. Paul have shortages of fields. It has also been noted that there are large numbers of Maplewood youth who participate in programs sponsored and conducted by these organizations. Research indicates that this geographic area has a low number of athletic fields compared to the number recommended by national reports. There are additional needs for young adult leagues, including some for minority populations such as Somali and Hmong. These groups want to form leagues but are presently unable to secure fields for play. Field sizes and types (soccer /baseball /etc.) have not been finalized. Demographics are being explored and surveys will be sent to further show the need for additional fields for this area. Funding Cost estimates are rough at this time. Total project (park and fields) could be in the range of $3MM. Currently each participant must commit to a level of funding and private sources need to be explored. There has been no specific dollar amount committed by any of the municipalities or represented organizations at this time. This will be addressed in the next phase if the project receives approval from the City Council. Letters of support for the project have been given are a part of the original proposal submitted to the City Council. It is possible that some entities might contribute toward the environmental park but not toward the athletic fields. This is considered a key element. No final scenario has been developed. Governance No final recommendations at this point. It was stated that the Maplewood City Council might prefer the following: Governance with the city of Maplewood during the construction. After construction, the City could then determine how it would continue with the governance. Maintenance Not addressed yet, but it is estimated that the cost per field per year with irrigation would be in the range of $8,000 - $10,000. Total costs would be determined by the number of fields as well as the costs related to the environmental park. Ongoing Taskforce Activities: 1. Meeting scheduled with 3M to discuss the project with the invitation to participate in the development the Marshlands project. 2. Meetings to be scheduled with Oakdale and other interested participants to determine their levels of financial commitment to the project. 3. Invitations being extended to others, specifically to ISD 9622 to participate in the project since their students would benefit from both the environmental park as well as any athletic fields that may be developed. Marshlands Proposal Update for the Maplewood City Council October 12, 2006 This update should be considered an addendum to the September 29, 2006 Report that was submitted to the City of Maplewood. Ongoing Taskforce Activities: A meeting was held with Alex Cirillo, VP at 3M re: the Marshland Coalition Proposal. A copy of the talking points for the meeting is attached to this report, labeled " Summafy for 3M.. " The discussion was met with a positive response. Obviously no formal commitment could be made by 3M at that meeting. They are open to further investigation but they would first need to know that the City of Maplewood is in agreement with wanting to explore this proposal. If the City of Maplewood is interested in moving forward with this concept, 3M is open to giving serious consideration to partnering with others to further investigate the viability of making the proposal a reality. 2. A meeting was held with the city manager of Oakdale. Oakdale continues to support the proposal and is willing to commit to it financially. A meeting is scheduled in November with Superintendent Phillips at ISD 9622 to discuss the proposal and to solicit support for the environmental education park for science studies in the schools. Students in ISD 9622 would benefit from the educational park as well as any athletic fields that may be developed. Needs of the Taskforce Approval from the City Council of Maplewood to move forward on developing this proposal. If the City Council approves, then the following steps could be taken: Enhancement of the taskforce membership, expanding membership to include representatives from 3M, ISD 4622 and Ramsey County. This group would work to develop a final recommendation for the City Council on the Marshlands Proposal project. The timeline for this study could take up to one year. Emphasis would be on further delineation of the specifics of the proposal. (Design, wetland impact, costs, funding, governance, long term maintenance, etc.) Agenda Item L2 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Steven Kummer, Civil Engineer II SUBJECT: Kenwood Area Street Reconstruction, City Project 05 -16, Resolution for Modification of the Existing Construction Contact, Change Orders 9 -11 DATE: October 12, 2006 INTRODUCTION During construction there are often unforeseen changes from the original plans and specifications. The city council will consider approving the attached resolution directing the modification of the existing construction contract and revising the project financing plan. Project Background On April 24, 2006, the City Council awarded Forest Lake Contracting a construction contract for utility and roadway improvements in the amount of $4,236,756.46. At that meeting, City staff recommended a reduction in the project budget by $500,000 due to changes and revisions. Since the award of the construction contract, the City Council approved change orders one through eight (1 -8) for a total of $229,445.88 added to the original contract work. These change orders were approved at the Council Meetings of 616106, 8114106 and 9114106. The total amount of the construction contract to date is $4,466,202.34. Approximately three - quarters (314) of the extra contract work to date deals with repair and replacement work done on the sanitary and storm sewer systems. The remaining one - quarter (114) of the total change comes from soils corrections done for the newly reconstructed streets. Discussion The changes in the attached Change Orders 9, 10 and 11 are described below and on the attached change order forms. Change Order 9 ($71,617.50) This change order includes geotextile fabric for the North, Central and South areas of the project used for subgrade soils correction. In many of the corrected areas, a geotextile fabric was utilized to separate the subgrade soils from the installed gravel base. In most areas of correction, this served to stabilize the roadbed soils versus having to cut down an additional 6 to 12 inches to replace the soils with gravel or clean sand. The Type V Geotextile fabric was not originally included in the base construction contract and is considered extra to the project budget. Due to the unforeseen nature of the soils corrections that were completed, the project budget will be increased to account for this addition. Agenda Item L2 Change Order 10 {$89,298.96} On June 26, 2006, the City Council approved an increase in the 05 -16 project budget of $89,300 due to a petition by residents to have the curbs along Eldridge Avenue and the northern portion of Greenbrier Street replaced. The additional work has been completed and the funds need to be transferred from the project budget to the construction contract for payment. No increase in the project budget is required for this work. Refer to Change Order 10 for the quantities covered by this budget increase. ■ Change Order 11 {$6,847.50} Due to the dry summer and hot temperatures, extra watering for installed seed and sod for boulevards was authorized. Forest Lake Contracting requested a price of $27.50 per 1000 gallons (i.e. one quantity "unit ") of water used. Truck tickets submitted and verified by staff indicate that 249 units were used for a total price of $6,847.50. .. Approval of Change Orders 9 and 11 will require an increase in the budget by $78,500. The debt service levy would be increased by $78,500. Change Order 10 requires no increase in the project budget as a budget increase of $89,300 was approved by the Council on June 26, 2006. Approved Financing Sources Debt Service Levy Assessments Sewer Fund SPRWS WAG Investment Inter. RWMWD EUF $ 2,500,680.00 $ 1,454,620.00 $ 561,000.00 $ 339,900.00 $ 80,000.00 $ $60,000.00 $ $90,600.00 $ 327,500.00 TOTAL $ 5,414,300.00 RECOMMENDATION Proposed Financing Sources Debt Service Levy Assessments Sewer Fund SPRWS WAC Investment Inter. RWMWD EUF TOTAL $ 2,579,180.00 $ 1,454,620.00 $ 567,846.46 $ 356,096.41 $ 80,000.00 $ 60,000.00 $ 92,700.00 $ 345,103.01 $ 5,535,545.88 It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract for the Kenwood Area Neighborhood Street Improvements, City Project 05 -16, Change Orders 9, 10 and 11. Attachments: 1. Resolution 2. Change Orders 9 10 and 11 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 05 -16, CHANGE ORDER 9, 10 and 11 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. 9, 10 and 11. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order Nos. 9, 10 and 11 in the amount of $167,763.96. The revised contract amount is $4,633,966.30 2. 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 $5,535,545.88 shall be established. The proposed financing plan is as follows: Assessments: $ 1,454,620.00 Ramsey Wash Watershed District: $ 92,700.00 Sanitary Sewer Utility Fund: $ 567,846.46 SPRWS Obligation: $356,096.41 WAC Fund $ 80,000.00 Environmental Utility Fund $ 345,103.01 Investment Interest: $ 60,000.00 Debt Service levy: $ 2,579,180.00 Total $ 5,535,545.88 CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Kenwood Area Neighborhood Improvements Change Order No.: 9 Project No.: 05 -16 Date: 10 -23 -06 Contractor: Forest Lake Contracting The following changes shall be made in the contract documents: (Work not covered under contract) Description Unit Quantity Price Total Central Area Type V Geotextile Fabric SY 20,309 $2.50 $50,772.50 South Area Type V Geotextile Fabric SY 3,300 $2.50 $8,250.00 North Area Type V Geotextile Fabric SY 5,038 $2.50 $12,595.00 TOTAL $71,617.50 Original Contract: $4,236,756.46 Net Change of Prior Change Order Nos. 1 -8: $229,445.88 Change This Change Order: $71,617.50 Revised Contract: $4,537,819.84 Approved Mayor Recommended Engineer Agreed to by Contractor by Its Title CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Kenwood Area Neighborhood Improvements Change Order No.: 10 Project No.: 05 -16 Date: 10 -23 -06 Contractor: Forest Lake Contracting The following changes shall be made in the contract documents: (Work not covered under contract) Unit Description Unit Quantity Price Total Extra Work Added to Contract For Maplecrest Area Remove Concrete C &G LF 3938 $1.70 $6,694.60 Remove Bit. Driveway Pavement SY 17 $3.00 $51.00 Remove Conc. Driveway Pavement SY 880 $5.00 $4,400.00 B618 Concrete Curb and Gutter LF 3590 $8.20 $29,438.00 Common Excavation CY 683 $10.00 $6,830.00 Aggregate Base Cl. 6 for Streets T 276 $11.00 $3,036.00 Aggregate Base Cl. 6 for Driveways T 207 $21.00 $4,347.00 Bit. Dwy. Joint Rout and Seal LF 72 $1.38 $99.36 Bit. Driveway Pavement Mix SY 17 $9.00 $153.00 Concrete Driveway Installation SY 855 $40.00 $34,200.00 Install Ford Cover (Water Service) EA 1 $50.00 $50.00 Original Contract: $4,236,756.46 Net Change of Prior Change Order Nos. 1 -8: $229,445.88 Net Change of Pending Change Order No. 9: $71,617.50 Change This Change Order: $89,298.96 Revised Contract: $4,627,118.80 -7- - . TOTAL $89,298.96 Mayor Recommended Engineer Agreed to by Contractor by Its Title CHANGE ORDER Project Name: Kenwood Area Neighborhood Improvements Change Order No.: 11 Project No.: 05 -16 Date: 10 -23 -06 Contractor: Forest Lake Contracting DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA The following changes shall be made in the contract documents: (Work not covered under contract) Description Extra Watering Unit Unit Quantity Price MG 249 27.50 Total $6,847.50 TOTAL Original Contract: $4,236,756.46 Net Change of Prior Change Order Nos. 1 -8: $229,445.88 Net Change of Pending Change Order No. 9: $71,617.50 Net Change of Pending Change Order No. 10: $89,298.96 Change This Change Order: $6,847.50 Revised Contract: $4,633,966.30 $6,847.50 Approved Mayor Recommended Agreed to by Contractor by Its Engineer Title Agenda Item L3 SUMMARY TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Legacy Townhomes LOCATION: County Road D between Kennard Street and Hazelwood Street DATE: October 16, 2006 INTRODUCTION The Hartford Group, the master developer of Legacy Village, is proposing to develop the final phase of townhomes at Legacy Village. The application is for a preliminary plat for 91 townhomes that would be located on the south side of County Road D between Hazelwood and Kennard Streets. The city has previously approved this portion of the Legacy Village PUD (planned unit development) for 96 town house units. Requests 1. A preliminary plat to create home sites for sale. 2. Site, building and landscape plans (to be reviewed by the CDRB). DISCUSSION Staff found no major issues with this proposal and it would have five fewer units than the city had approved for the site. Staff, therefore, is supportive of this request. RECOMMENDATION Approve the preliminary plat submitted by the applicant for townhomes at Legacy Village. MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Legacy Townhomes Preliminary Plat LOCATION: County Road D between Kennard Street and Hazelwood Street DATE: October 16, 2006 INTRODUCTION Project Description The Hartford Group, the master developer of Legacy Village, is proposing to develop the final phase of townhomes at Legacy Village. This proposal is for 91 townhomes which would be located on the south side of County Road D between Hazelwood and Kennard Streets. The exception to this site is that the southwest corner of County Road D and Kennard Street has been required to be developed with an office building as required by the approved PUD (planned unit development). Refer to the attachments. Request The applicant is requesting that the city council approve the preliminary plat. The applicant has also submitted the design plans for the review and approval of the community design review board (CDRB). The CDRB review is pending and scheduled for October 24, 2006. BACKGROUND July 14, 2003: The city council approved the Legacy Village PUD, comprehensive plan amendment, tax - abatement plan and preliminary plat for Legacy Village. July 10, 2006: The applicant had proposed a 119 -unit townhouse development on this site that would have included the 1' /2 -acre parcel at the southwest corner of County Road D and Kennard Street. This corner piece was originally intended to be developed with Executive Office Suites in the PUD. The applicant had requested a comprehensive plan amendment from BC (business commercial) to R3H (high- density residential) and also an amendment of the PUD to build the townhomes on this corner site. The city council denied these requests because they preferred the office on this site as intended in the PUD. They felt that the developer should continue to try to develop this corner with office suites. Legacy Village Development History Since the council approved the Legacy Village PUD, the following projects have been approved or built: • Heritage Square Townhomes (220 units) • Heritage Square 2nd Addition (81 units) • Wyngate Rental Townhomes (50 units) • Ashley Furniture (completed) • Kennard Professional Building (completed) • Maplewood Sculpture Park (completed) • Legacy Shoppes Retail (construction pending) • Ramsey County Library (under construction) • Seniors Apartment (116 units, approved and construction pending) DISCUSSION Density The proposed density is below the previously approved number of units. This site was approved to have 96 townhome units. The applicant is proposing 91. Preliminary Plat The applicant is requesting approval of a preliminary plat to sell the individual townhomes. This is typical of such developments. Staff does not find any unusual concerns with doing so beyond the usual requirements for platting which include matters like the signing of a developer's agreement, maintenance agreement, the approval of final grading/ drainage /erosion - control /utility plans and the dedication of any necessary easements that the city engineer may require. Maplewood Engineer, Michael Thompson, reviewed this proposal and made several comments in his attached report. Staff recommends that the city council require that the applicant comply with the statements in Mr. Thompson's report as conditions of plat approval. Design Review The following architectural and site - related information is not specifically part of the preliminary plat review, but are elements that the CDRB will be considering. Architectural The proposed townhomes would be attractively designed and would be comparable in design and materials to the other owner - occupied townhomes in Legacy Village. The buildings would have rock -face concrete block foundations and horizontal -lap siding of a fiber - cement material. The gable roofs would have asphalt shingles. Garage doors would be metal with raised panels. A condition of the approval should be that any exterior utility meters be screened in a decorative manner. 2 Building Setbacks Building setbacks meet the reduced - setback concept approved for Legacy Village. The PUD required a minimum building setback of 15 feet from street right -of -way lines. The buildings meet this minimum setback. Sidewalks The applicant has laid the site out to accommodate pedestrian connections throughout the development. During the planning commission's review of the previous design, they had recommended that the applicant provide crosswalks across Village Trail East to access the pedestrian trail to the south. These crosswalks should be required by the CDRB. Visitor Parking The visitor - parking proposal meets the requirements of the PUD by providing at least one guest space for each two units with at least five guest spaces within 200 feet of the front door of all units. Landscaping The proposed landscaping plan meets the direction of boulevard -tree spacing in the PUD The tree sizes meet code requirements. Staff recommends, though, that the landscaping around the ponds in this development should be treated more attractively to make them decorative amenities for the future residents of this neighborhood. The applicant should revise the landscaping plan for staff approval showing this additional landscaping. RamseylWashington Metro Watershed District The applicant must obtain all necessary permits from the watershed district before starting construction. Building Official's Comments Dave Fisher, the Maplewood Building Official, had these comments: • The city will require a complete building code analysis when the construction plans are submitted to the city for building permits. • All exiting must go to a public way. • Provide adequate fire department access to the buildings. • All buildings over 8,500 square feet must be fire sprinklered. • I would recommend a pre - construction meeting with the contractor, the project manager and the city building inspection department. 3 Fire Marshal's Comments Butch Gervais, the Maplewood Fire Marshal, had these comments /requirements: • Need 20 -foot emergency access road at all times. • Fire protection system per codes and monitored. • Fire alarm system per code and monitored. • Mini sounders in each unit. • Fire department lockbox required. Get the paperwork from the fire marshal. Park Director's Comments Bruce Anderson, the Maplewood Parks and Recreation Director, has said that the city will be constructing the 2.5 -acre tot lot and east -west trail, which would be south of the proposed project, next summer. Police Department Comments Lieutenant Kevin Rabbett noted there are no significant public safety concerns. This plan seems to meet the previously- approved plans for Legacy Village. Engineering Comments Maplewood Engineer, Michael Thompson, reviewed this proposal. Refer to Mr. Thompson's report. Other than concerns regarding utilities, grading, storm water treatment and erosion control, Mr. Thompson stated that the developer shall: • Implement a homeowner's association as part of this development to ensure that there is a responsible party for the regular maintenance and care of the ponds, rainwater gardens, retaining walls, private utilities and other features common to the development. • The developer shall sign a maintenance agreement, prepared by the city, for rainwater gardens, ponds and sumps. The project plans shall clearly point out the maintenance access route to each garden and basin. • A 20 -foot -wide easement needs to be dedicated over the centerline of the existing 18- inch storm sewer pipe that extends to Wetland F. The proposed steps over the storm sewer pipe shall be relocated outside of the easement. • The developer shall dedicate a pedestrian trail easement by separate document over the trail on the south end of the development. • The developer shall enter into a developer's agreement with the city for the construction of the trail. • The developer and project engineer shall satisfy the requirements of all permitting agencies. 4 Citizen Comments Staff mailed (209) surveys to neighboring property owners and received very few replies. Of the eight property owners that did reply, two had no comment and six were opposed. Refer to the comments in the Citizen Comments section of this report for the complete comments. The concerns raised were regarding increased traffic, there being too many townhomes already and the loss of trees/wetlands/wildlife. Traffic Traffic will increase with the continued build -out of Legacy Village. This is the reason, however, for the extension and improvements of County Road D. These roadway improvements will handle the future traffic needs. Density —Too Many Homes Already The housing in Legacy Village, along with the other nearby townhomes and condominiums, will create a rather highly - populated area. This has been foreseen, however, with all the multiple - dwelling housing planned for this area. Some feel that the city should not allow any further development until all of the existing homes have been sold and occupied. Unfortunately, the city cannot regulate the market- place. We must allow housing based on the city's approved development plans and our land use controls. If these are being met, the city cannot stop the proposed development. Loss of Wildlife, Wetlands and Trees It is always sad and unfortunate to see the loss of trees and wildlife habitat. This site, however, was approved for development in 2003 and it is proceeding according to that approved plan. Wetlands will be preserved or mitigated also as previously approved by the PUD development plan. COMMITTEE ACTIONS (The June 19 and June 27 comments were received during the planning commissions and review board's reviews of this town house proposal earlier this summer.) June 19, 2006: The planning commission recommended approval of the land use plan change, PUD amendment and preliminary plat. They also suggested that the community design review board require designated crosswalks across Village Trail East to access the pedestrian trail to the south. June 27, 2006: The community design review board recommended approval of the design plans subject to conditions. October 2, 2006: The planning commission recommended approval of this latest preliminary plat submittal by the applicant. 5 RECOMMENDATION Approve the preliminary plat for the Legacy Townhomes at Legacy Village, subject to the following conditions: 1. The applicant shall comply with the requirements in the city's engineering report dated September 19, 2006. 2. The applicant shall sign a developer's agreement with the city engineer before the issuance of a grading permit. 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer or parks director may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the staff may require that may not be ready by the time of plat signing. 6 CITIZEN COMMENTS Staff surveyed the 209 property owners within 500 feet of this site for their comments. Of the eight replies received, two had no comment and six were opposed to this proposal. (These comments were received during the city's review of this project earlier this year.) •.•. -• • As a neighbor we completely disagree with this proposal. What we need in the area is a kids' park and green land. We were in fact told by our builder, Town & Country Homes, that at the time of our purchase that the city was thinking of having a park in our neighborhood. (Shah, 1635 Legacy Parkway) Absolutely against any further development. The proposed area is the only area left with any trees. When we moved into our townhome, we looked out onto woods with water and daily saw deer, fox and other wildlife. The new developments have destroyed what nature was here and the new development will destroy the only remaining nature. The developments have brought noise, increased traffic with high speeds and destruction of nature. There will be nothing "pretty" about the area anymore. This is the #1 reason we will be putting our home up for sale within the next few months. (Henderson & Waller, 1621 County Road D) • We oppose this development as it will diminish the wetlands which were on the original plan. This development will also add even more traffic into the area. With all the development that's been done in the last year, we have high traffic already. (Tom Gelbmann, president of the Board for the Cardinal Pointe members /owners, 3003 Hazelwood Street) I do not agree with tearing up the wetlands to build more townhomes. The wetlands is one reason why I bought my town house. I enjoy watching all deer walk through there. Another reason why I bought my townhouse is because it is in a quiet location away from the commercial business and other townhouses. I think if you built more town houses in the area it will definitely lessen the chances for the rest of us to sell our home in the future. I think adding more town houses to the area will lower the market value. (Stebbing, 1567 County Road D) I would like to see more green space in Legacy. By cramming in so many condos, it's beginning to look like the projects. Please see to it that Legacy includes as much open green space as possible on this corner to make this a more attractive neighborhood. Consider this area 20 -30 years from now. When overbuilding consumes every inch of land, rarely is a healthy, vibrant neighborhood present. Typically, this type of over- crowded area is pretty rough, attracting low- income households, gangs and crime. (Bailey & Shenigo, 1613 County Road D) • Refer to the attached e-mail letter from Jon Sticha, 1567 County Road D. Mr. Sticha's concerns are regarding loss of trees, wetland and wildlife habitat. More housing will force existing homeowners to sell for less. There are too many vacancies now. Is there really a need for more townhomes in this area? 7 REFERENCE SITE DESCRIPTION Site Size: 11 acres Existing Use: Undeveloped SURROUNDING LAND USES North: County Road D and Pineview Estates Townhomes South: Heritage Square Townhomes East: Kennard Street and Heritage Square 2nd Addition Townhomes West: Hazelwood Street and Cardinal Pointe Cooperative PLANNING Land Use Plan Designation: Existing R3H Zoning: PUD APPLICATION DATE We received the complete applications and plans for these requests on September 11, 2006. State law requires that the city take action within 60 days of receiving complete applications for a proposal. City council action is required by November 10, 2006. p:sec 3 \Legacy Townhomes 10 06 (2) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Land Use Plan Map 4. 2003 Legacy Village PUD Development Plan 5. Previous 119 -Unit Legacy Townhomes Proposal 6. Site /Landscaping Plan 7. Proposed Subdivision 8. Building Elevations 9. Memo from Michael Thompson dated September 19, 2006 10. E -mail from Jon Sticha dated May 19, 2006 11. Plans date - stamped September 11, 2006 (separate attachment) 9 F-A IT, ZEN m I SITE l tv Location Map Legacy Townhomes im N Attachment 2 p COUNTY ROAD D ^n BEAM AVE Legacy Townhomes 11 Zoning Map N Attachment 3 BEAM AVE Land Use Map Legacy Townhomes 12 ^n p COUNTY ROAD D PROPOSED TOWN HOMES APPROVED PUD DEVELOPMENT-CONCEPT PLAN JULY ?% /$d m 0 ME I 14 NM Apo Oj 0 ME I 14 NM Apo 0 ME I 14 fill& w 1". Ida I p i j j i Ell! -� � ,.: k ( k ( Sari` tM as � >� �.. � 1 ,��. � � �� I ( � �� � fill& w 1". Ida I p i j j i Ell! c i .Wr Ali .. *x r t t r t c i .Wr Ali r t t r a r "mow t: c c i .Wr Ali I 2r 'IL i I Spi N "W tachment 8 ■ i m 903T� I #1 # . I 1 • , - 1, PROJECT: Legacy Town Xomes of Maplewood PROJECT NO: 06-11 IWATE: September 19,2006 The developer, Hartfbrd Group, Inc. has re-submitted project plans for the for the last town home segment of the larger Legacy Village development. The developer or project engineer shall make the changes to the plans and site as noted and shall address the concerns listed- WE II - - q 1119111 1. All rainwater gardens, ponds, and wetlands shall have emergency overflow swales lined with a permanent erosion control blanket (Enkamat, NAG350, or equal) extending to the downstream receiving waters/drainage structure, Show this on the plans. The emergency overflow elevation and path shaff be marked on the plans also. The high water levels need to be shown for the rainwater gardens. 2. Soil borings arenot provided specifically within each proposed rainwater garden to ensure a 72 hr draw down time therefore under-drain systems must be installed for both rainwater gardens. The under-drain systems shall be connected to the underground storm system. Boom Wo WNW 5, Rip-rap shall extend fTom all flared end section down to the base of all ponds/gardens all outlets. Me 1. The project engineer shall clearly detail a street-sweeping on the grading and erosion r control plan for Kennard and Hazelwood Streets to address any tracking that may occur from the proposed development area. Also on the project plans, include a note that stat watering of the site must occur regularly to keep dust to a minimum, 2. Any graded areas left undisturbed for more than 14 days shall be stabilized with a temporary seed such as MNDOT I 10 0. On sheet L 10 1 it refers to and old VNDOT seed mix of 60A which is no longer valid. D 9� 4, The grading at the southeast corner of the project shows a significant area draining to the tow spot near the trail. Show spot elevation to ensure that there will be no standing water and that all runoff will get into the drainage structure. 5. The plans show stairs along various locations of the 5-foot wide concrete walk through the site. Please contact the City of Maplewood building department to see is ADA standards must be met. I Submit plans to Mike Anderson at Saint Paul Regional Water Services (SPRWS) located at 1900 Rice St, Maplewood (2nd Floor) for their review and approval, The fire hydrant located at the end of the private drive for Units 7-12 and 13-18 within Block 2 is located against a retaining wall (does not have 8-feet of lateral separation). This could pose a freeze issue and must be discussed in length with Mike Anderson. WE= 1. The developer or project engineer shall submit a copy of the TWCA's construction stormwater permit (SWPPP) to the city before the city will issue a grading permit for this project. 2, The developer shall implement a homeowners association as part of this development to ensure that there is a responsible party for the regular maintenance and care of the ponds, rainwater gardens, retaining walls, private utilities, and afl other features common to the development. N i s 3 The developer shall sign amaintenance agreement, prepared by the city, for the garden ponds, and sumps. The project plans shall clearly point out the maintenance access foul to each garden and basin, wide easement needs to be dedicated over the centerline of the existing 18" storm sewer pipe that extends to Wetland F. The proposed steps over the storm sewer pipe shall be relocated outside of the easement, 5. The developer shall also dedicate a pedestrian trail easement on the plat or by separate document over the trail on the south end of the development- UUMM 7, The developer shall install crosswalk striping at the trail connection across Village Trail East. The city will be investigating the feasibility of installing a traffic signal at the intersection of Hazelwood Avenue and County Road /to mitigate the increase in traffic due to development in the area. P PM i= From: Sticha, Jon, A [JASticha@ Bremer. com] Sent: Friday, May 1-9, 2006 8:51 AM To: Tom Ekstrand; City Council; Diana Longrie (Externao C-0 c , Gammell, Sarah U= Attachment To NOW -# WWII build. I take issue with where and when they want to build, am= Jon Sticha Maplewood MN. 55109 320-761-5151 Jon StIcha t1 !X Income Trader Bremer Asset Management NOTICE - CONFIDENTIAL INFORMATION The information in this communication is grogrietary and strigay confidential. It is intended solely for the use of the 5/2-2/2006 21 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, OCTOBER 2, 2006 1. CALL TO ORDER Chairperson Fischer called the meeting to order at 7:10 p.m. 11. ROLL CALL Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Absent Chairperson Lorraine Fischer Present Commissioner Michael Grover Absent Commissioner Harland Hess Present Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Present Staff Present: Ken Roberts Planner Lisa Kroll Recording Secretary Steve Kummer Civil Engineer V. PUBLIC HEARING (7:18 — 7:29 p.m.) a. Legacy Town Houses (County Rd D —Kennard Street to Hazelwood) Preliminary Plat Mr. Roberts said the Hartford Group, the master developer of Legacy Village, is proposing to develop the final phase of town homes at Legacy Village. This proposal is for 91 townhomes which would be located on the south side of County Road D between Hazelwood and Kennard Streets. The exception to this site is that the southwest corner of County Road D and Kennard Street will be developed later (possibly with an office building as required by the approved PUD) (planned unit development). On July 10, 2006, the applicant had proposed a 119 -unit townhouse development on this site that would have included the 1 1 I2 -acre parcel at the southwest corner of County Road D and Kennard Street. This corner piece was intended to be developed with Executive Office Suites in the PUD. The applicant had requested a comprehensive plan amendment from BC (business commercial) to R3H (high- density residential) and also an amendment of the PUD to build the townhomes. The city council denied these requests because they preferred the office element of the PUD and felt that the developer should still try to develop this corner with office suites as approved in 2003. Chairperson Fischer had a correction to Michael Thompson's engineering report on page 21, item 8, correcting County Road B to D. Planning Commission -2- Minutes of 10 -02 -06 Mr. Roberts said staff would have that corrected. Commissioner Yarwood said he read the neighbors comments and concerns in the staff report and asked why the neighbors were surprised that more development was going to take place in this area when development has been occurring since 2003? Mr. Roberts believed while the Goff townhomes were being built the new owners expected that the large evergreen trees and land would remain as they saw it across the street and maybe they didn't expect anything would be developed there. There has been a lot of building in this area since 2003 and maybe people didn't check with the city to see if any development was going to occur in this area and were surprised when they heard about this plan. Commissioner Hess said he noticed the comments in the staff report that people thought the wetlands that were on the original plan were not on the plan any longer and he asked staff to clarify that. Mr. Roberts said there is a large wetland that has always been there and will remain. There was a small wetland on the corner that was taken out with the reconstruction of County Road D and Southlawn Drive and was mitigated on the golf course property as part of the storm water plan for this development; otherwise the developer has followed the plan to a "T ". Chairperson Fischer asked the applicant to address the commission. Mr. Frank Janes, Hartford Group, addressed the commission. Mr. Janes had no questions for staff or for the planning commission. The planning commission did not have any questions for the applicant. Chairperson Fischer opened the public hearing up to the public. No one from the audience came forward to speak therefore, the public hearing was closed. Commissioner Trippler moved to approve the preliminary plat for the Legacy Townhomes at Legacy Village, subject to the following conditions: The applicant shall comply with the requirements in the city's engineering report dated September 19, 2006. 2. The applicant shall sign a developer's agreement with the city engineer before the issuance of a grading permit. 3. The applicant shall dedicate any easements and provide any written agreements that the city engineer or parks director may require as part of this plat. 4. The applicant shall pay the city escrow for any documents, easements and agreements that the staff may require that may not be ready by the time of plat signing. Planning Commission -3- Minutes of 10 -02 -06 Commissioner Yarwood seconded. Ayes — Desai, Fischer, Hess, Kaczrowski, Pearson, Trippler, Yarwood The motion passed. This item will be heard by the CDRB on October 10, 2006, and by the City Council on October 23, 2006. Agenda Item L4 SUMMARY TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Use Deed Consideration LOCATION: Southeast Corner of English Street and County Road B DATE: October 13, 2006 INTRODUCTION Kristine Kujala, of the Tax - Forfeited Lands division with Ramsey County, has notified the city of a parcel that has gone tax forfeit. This parcel is located at the southeast corner of English Street and County Road B. This is a substandard single - dwelling lot measuring approximately 40 by 60 feet in size totaling 2,400 square feet. The city code requires that, to be considered buildable, corner lots must have at least 100 feet of frontage on both streets and have at least 10,000 square feet of area. Ms. Kujala has explained that the preferred option for the city is to request that the county withhold the parcel from public sale for an additional six months to give the city additional time to evaluate our needs. Request Staff is requesting that the council approve the attached resolution requesting that the county grant the city a six -month extension to withhold this parcel from public auction so we can fully evaluate the public need for this lot. DISCUSSION Chuck Ahl, the city engineer, recommends that the city apply for a use deed for this parcel. He foresees a need to use this parcel for public roadway improvements. Specifically, the city could use this parcel for the expansion of the intersection and the continuation of the English Street sidewalk. Ms. Kujala recommends that we first secure the six -month extension to withhold this site from public auction. This would give the city time to submit the required paperwork for a use deed. RECOMMENDATION Adopt the attached resolution requesting that Ramsey County withhold the parcel on the southeast corner of English Street and County Road B from public sale or auction for six months. p:sec10\use deed summary 10 -06 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Use Deed Consideration LOCATION: Southeast Corner of English Street and County Road B DATE: October 13, 2006 INTRODUCTION Kristine Kujala, of the Tax - Forfeited Lands division with Ramsey County, has notified the city of a parcel that has gone tax forfeit. This parcel is located at the southeast corner of English Street and County Road B. This is a substandard single - dwelling lot measuring approximately 40 by 60 feet in size totaling 2,400 square feet. The city code requires that, to be considered buildable, corner lots must have at least 100 feet of frontage on both streets and have at least 10,000 square feet of area. Ms. Kujala has explained that the city has three options: • Purchase the property; • Get the lot by use deed, or; • Request that the county hold the parcel for an additional six months to give the city additional time to evaluate our needs. Request Staff is requesting that the council approve the attached resolution requesting that the county grant the city a six -month extension to withhold this parcel from public auction so we can fully evaluate the public need for this lot. DISCUSSION Chuck Ahl, the city engineer, recommends that the city apply for a use deed for this parcel. He foresees a need to use this parcel for public roadway improvements. Specifically, the city could use this parcel for the expansion of the intersection and the continuation of the English Street sidewalk. Ms. Kujala recommends that we first secure the six -month extension to withhold this site from public auction. This would give the city time to submit the required paperwork for a use deed. If the city council chooses to direct staff to pursue the use deed, there is an application process and another resolution to be adopted. The cost of getting a use deed would be approximately $80 for deed fees and recording fees. The council should also be aware that, if the city acquires this use deed, the traffic /sidewalk improvements anticipated must be utilized within three years or the county could retract the use deed. RECOMMENDATION Adopt the attached resolution requesting that Ramsey County withhold the parcel on the southeast corner of English Street and County Road B from public sale or auction for six months. This will enable the city time to more thoroughly analyze the need for the parcel and to submit the necessary application materials requesting the granting of the use deed. p:sec10 \use deed english and B 10 -06 Attachments: 1. Resolution 2. Location Map 3. Letter from Kris Kujala 2 Attachment 1 RESOLUTION REQUEST TO WITHHOLD PARCEL FROM PUBLIC SALE WHEREAS, Ramsey County has informed the City of Maplewood of the opportunity for the city to acquire a use deed on a tax forfeited lot. WHEREAS, this property is located at the southeast corner of English Street and County Road B, legally described as follows: LOT 14, BLOCK 12, SABIN ADDITION TO GLADSTONE, RAMSEY COUNTY, MINNESOTA, EXCEPT ROAD RIGHT -OF -WAY. PID # 10- 29 -22 -33 -0040. WHEREAS, the City of Maplewood, has the option to request a six -month extension to delay the County's sale of this parcel to the public. The city can use this time to further evaluate the city's need for this property and to submit the required documentation for a use deed. NOW, THEREFORE, BE IT RESOLVED that the city council hereby formally requests by that Ramsey County withhold this parcel on the southeast corner of English Street and County Road B for six months from public sale or auction. This will enable the city time to more thoroughly analyze their need for this parcel for public purposes and to submit the necessary application materials requesting the granting of the use deed. The Maplewood City Council adopted this resolution on October 23, 2006. Attachment.'2 oiull Lim IW1NEms' - ZN r 0 o Df <m ta H7 r r r "`- LARK AVE LOCATION MAP L ■ 1 i 1 4 N n Property Records and Revenue Susan R. Roth, Division Manager 812 Government Center hest 50 West Kellogg Boulevard RAMSEY CouNTY St. Paul, MN 55142 -1657 August 31, 2006 City of Maplewood Attention: Greg Copeland, Interim City Manager 1830 County Road B East Maplewood, MN 55109 Dear Mr. Copeland: Attachment 3 Fax: 651 - 266 - 2210 Enclosed is a listing of a property located in your municipality, which forfeited to the State of Minnesota on August 1, 2006, for non- payment of real estate taxes. Pursuant to statute, this property has been reviewed by Ramsey County to determine its classification as either conservation or non - conservation land. Minnesota Statutes, section 282.01, subd. 1, requires the county to notify each city or township in which such properties are located of both the forfeitures and classification. This letter and list serves as that notice of forfeiture and a notice that the land has been classified by Ramsey County as non- conservation. The Statute further provides that each city or township has 60 days from the date of this notice to approve the classification and sale of the parcel, to request a conveyance of the land to your city for a public use or to request that the property be withheld from public sale for a period not to exceed six months. A municipality or governmental subdivision shall pay maintenance costs incurred by the county during the six -month period while the property is withheld from public sale, provided the property is not offered for public sale after the six -month period. if -you request that the parcel be conveyed to your municipality for an authorized public use the above statutory timeline must be strictly observed. Within 60 days of this notice of classification and availability of newly forfeited properties, the government unit must submit an application for a public use deed using Form 962, Application by a Governmental Subdivision for Conveyance of Tax - Forfeited Land Forms are available upon request from this office. The application for a use deed is not complete and timely if it is not accompanied by a certified resolution of the governing body stating the public purpose for which the property will be used. Minnesota's First Home Rule County priat[xl an recycled paper with � n�uiirnrurr of f D� past- annsnmer rnnient. 5 Within 60 days of this notice the government body, if it wishes to withhold a property from sale for a six -month period, must submit a written request. The request to withhold property from sale must be in writing and accompanied by a certified resolution of the governing body stating the request for the specific property. Anytime during the six -month period, the city or township may acquire the parcel by use deed free of charge as long as it continues to be used for the authorized public use. If no application is received within the six -month hold period, the property will become available for public sale. Anytime during the six -month hold period or thereafter, if it has not been sold at public sale, the city or township may acquire fee title to the property by payment of the appraised value. If you fail to respond to the County within the 60 days of the date of this letter, the classification and sale of the parcel will be deemed to be approved. If the information contained in this letter, plus attachment, is not your responsibility, please forward to the appropriate department within your municipality. Correspondence regarding this notice may be addressed to: Ramsey County Department of Property Records and Revenue ATTN.: Tax Forfeited Lands Section Ramsey County Government Center West, Suite 812 50 W. Kellogg Boulevard St. Paul, MN 55102 -1657 Anyone with questions regarding this matter may call our office at (651) 266 -2081. Sincerely, r t Kristine A. Kujala, Supervisor Tax Forfeited Lands Agenda Item L5 TO: City Manager FROM: Ken Roberts, Planner SUBJECT. South Maplewood DATE: October 13, 2006 INTRODUCTION MEMORANDUM Development Moratorium On October 9, 2006, the city council directed staff to start preparing a moratorium on development for the area of Maplewood south of Carver Avenue. (See the location map on page seven). The council gave staff this direction in response to a request from the planning commission. BACKGROUND 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, as viewed by the planning commission, would be for the city 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. DISCUSSION RA(R) Zoning The intent of the R -1(R) zoning district, as adopted by the city council in 2003, reads: "Maplewood intends to protect and enhance the character of areas of the city that, because of topography or other factors, do not have, nor does the city expect to have municipal sanitary sewer or water service. To allow for and to protect a very low density, semi - rural, residential life style, the city creates the R -1(R) zoning district. This zoning district is for the areas of Maplewood that are not suitable for suburban or tract development because of topography, vegetation or other factors that make the installation of municipal sanitary sewer unlikely. The city finds the most suitable use of these areas is single dwellings on large lots. Such low- density residential development will lessen grading and soil erosion and will help protect ground water, vegetation and wooded areas. The lots and parcels in the R -1(R) zoning district are generally much larger than those in the R -1 (single dwelling) district and those with municipal sanitary sewer and water." In an ideal world, the land use designation and the zoning designation that the city places on each property would be the same or at least consistent with each other. This, however, is not always possible. A primary reason that the designations the city gives to a property are not always the same is that the land use categories in the comprehensive plan are not the same as those the city has in the zoning code. (See the lists on pages 13 - 15.) An important matter for the city to consider is to define consistency between the R -1 (single dwellings) land use plan designation and the R -1(R) and F (farm residence) zoning designations. In other words, if the city has designated a property R -1 on the land use plan, is it consistent with that designation if the zoning of the same property is R -1(R) or F? All three of these designations are for single dwellings, but the allowed density and minimum lot sizes between the three are quite different. Development Topography, property ownership, the existing street pattern and the availability of public utilities will all affect how and when development will occur in the southern part of Maplewood. These are all factors and considerations that staff will review when studying this part of the city. Lot Sizes The issue of minimum lot sizes came out of the city council's review of the Haller's Woods plat in 1997. Several neighbors near Haller's Woods thought the city had a 5 -acre minimum lot size for non - sewered lots. However, both the zoning code and the comprehensive plan do not have a 5- acre minimum. In fact, the 19 residential lots along Sterling Street near Haller's Woods range in size from 0.84 acres to 9.7 acres, with an average lot size of 4.05 acres. For lots that do not have public sanitary sewer, the code requires a minimum lot size large enough to fit the house and two on -site sewer treatment systems. This usually means a minimum lot size of at least one acre (43,560 square feet) to fit everything on the property. The zoning code also requires a minimum lot size of 10,000 square feet for single dwellings in the R -1 (single dwelling) and F (farm residence) zoning districts. In the RE-40 (residential estate) zoning district, the minimum lot size is 40,000 square feet while the R -1(R) zoning district requires a two -acre minimum lot size. Staff contacted several cities in the area to see what they use for a minimum lot size for non - sewered areas. The survey showed a range of 22,000 square feet in White Bear Township to a 5- acre minimum for new developments in Grant. The minimum lot sizes for non - severed lots in other cities are 30,000 square feet in Oakdale, 1.5 acres in Cottage Grove, 2.5 acres in Inver Grove Heights and 3 acres in Woodbury and Newport. Rural Residential Zoning District The sanitary sewer study, as adopted by the city council, recommended that the city prepare a rural residential zoning district to add to the city code with minimum lot size, a minimum lot area, and the permitted and conditional uses. Such a district is for non - sewered single dwelling development. In December 1997, city staff surveyed 32 property owners in south Maplewood to help us in preparing the new rural zoning district. In this survey, we asked the owners for information about their property and for their ideas about creating a rural residential zoning district. The existing lots south and east of 1 -494 range in size from 0.6 acres to 39 acres. Many of the residential lots are less than 3 acres in size. Because of topography and existing house locations, these lots are probably not large enough for the owners to subdivide them into additional building locations. Based on the information from staff and from area property owners, staff prepared a new rural residential zoning ordinance. This is the R -1(R) zoning ordinance adopted by the city council in 2003. The ordinance has a 2 -acre minimum lot size and a minimum lot width of 120 feet. The city intends this zoning district for areas of Maplewood without municipal sewer and water and with a semi - rural, very low- density residential lifestyle. The city, after creating the new R -1(R) zoning district, then changed the zoning for several properties south of Carver Avenue to R -1(R). These are shown on the property line /zoning map on page 17. 1 have marked with an x on the land use plan map (page 16) and on the property line zoning map the properties with an R -1 land use designation that the city has zoned R-1 (R). These may be the properties that the city could consider having an inconsistent land use and zoning designation. Jamie Jensen Request The city received a request from Jamie Jensen of Tyrus Land Company to keep two properties that are next to Carver Avenue out of the moratorium area. (See the letter on page eight and the location map on page nine). He is proposing to develop these properties with standard sized (10,000 square foot) lots. City staff is expecting to receive very soon a complete preliminary plat application for these developments. 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. RECOMMENDATIONS Determine if there is a need for a moratorium on development for the area of Maplewood south of Carver Avenue. If the city wants to enact such a moratorium, the city will need to: 1. Give the attached ordinance on page 18 a first reading. This ordinance outlines the purpose and area of the proposed moratorium. As a part of this first reading, the council should determine the purpose of having a moratorium and decide what issues the council wants staff to investigate during the moratorium. This could include the possibility that the land use and zoning designations for some properties are not consistent with each other (and that the city should make land use or zoning changes to make the designations consistent with each other) and possibly propose changes to the comprehensive plan or to the zoning code. 2. Set a date for a public hearing and give staff a chance to notify all the affected property owners in and near the proposed moratorium area about the proposed moratorium. This notice should include the purpose for the moratorium and the topics and issues that the city could be studying during the moratorium. (Because of publication and notification requirements, the earliest date the city council could hold such a hearing would be November 13, 2006.) 3. Decide if the city wants to exclude any of the properties that are south of Carver Avenue from the moratorium. 3 REFERENCE On December 9, 2002, the city council enacted a one -year moratorium on development of property in Maplewood from Linwood Avenue to the southern border of the city. The moratorium was a result of concerns about the land use and development of the remaining undeveloped or underdeveloped property in south Maplewood. The previous sewer system plan for this area showed urbanized municipal sewer between Linwood Avenue and Carver Avenue and undefined sewer systems south of Carver Avenue. Without a municipal sanitary sewer system, large lots with a minimum size requirement would be necessary to accommodate houses or properties with individual sewage treatment systems (ISTS). On January 31, 2003, the city council authorized a separate Comprehensive Sanitary Sewer Study of south Maplewood. This study was initiated to address land use and development issues in south Maplewood, focusing on the area south of Linwood Avenue to the city's southern border. Short- Elliot- Hendrickson (SEH), a consulting engineering firm, completed a report detailing the results of this study. Staff incorporated the results of the South Maplewood Sewer Study into the overall Sanitary Sewer Comprehensive Plan update. On May 27, 2003, the city council adopted the 2003 Comprehensive Sanitary Sewer Plan update. This sewer study included a detailed study of the sanitary sewer needs and availability for the part of Maplewood south of Linwood Avenue. (See the reference section on pages five and six for more information about this study.) In addition, this study recommended that the city study and possibly implement a larger minimum lot size for the areas of the city that will not likely have sanitary sewer for the foreseeable future. (This is primarily in sewer districts 10, 57 and 70 as shown on the maps on pages 10 - 12.) On August 25, 2003, the city council adopted an ordinance amendment that created the R -1 (R) zoning district. Specifically, this amendment added the R -1(R) zoning district to the zoning code. This code requires a two -acre minimum lot size for residential properties where the city does not expect nor do they have sanitary sewer available to the property. 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. (See the location map on page eight.) 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. This report is to provide the planning commission 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. 2003 South Maplewood Sewer Study Study Assumptions Staff made several assumptions when preparing the South Maplewood Sewer Study in 2003. The following is a summary of some of these key assumptions: ♦ If municipal sanitary sewer is extended to serve the area, land uses at full development will correspond to the city's current Land Use Map. The projected sanitary sewer flows staff listed in the report are based on full development and on the Land Use Map. 4 ♦ Future densities of R -1 land use will be 2.9 persons /unit and 2.8 units /acre ♦ Because of topography and existing pipe size, future sanitary sewer flows from the Bailey property in Woodbury and Newport will need to be conveyed through Maplewood to the Carver Lake interceptor. ♦ Future sanitary sewer flows from the Bailey property in Woodbury and Newport will be similar to those generated by typical single- family residential uses. It is important to note that the South Maplewood Sewer Study is only a planning document. In addition, the land use assumptions made above do not bind the city to any of these possible changes. Staff made the land use and sewer assumptions on a conservative basis to identify the maximum sanitary sewer flows that the land uses could possibly generate in each of the sewer districts. 2003 South Maplewood Sewer Study Conclusions 1. Soils within the study area range from a sandy soil in the south to a sandy loam with some clay loam and silty clay in the north. The sandy soils are good for installation of individual sewage treatment systems (ISTS) whereas the clay loam and silty clay pockets may require the use of non- conventional systems. 2. If properly maintained, evidence indicates that the life expectancy of an ISTS site is at least 25 to 30 years. 3. Septic systems (ISTS) are a safe and effective soil -based method to treat household wastewater, provided there is enough soil area and the soil conditions are conducive to treatment. Septic systems treat sewage equal to or better than municipal treatment facilities when they are properly designed, installed, and maintained. 4. Cities or areas with marginal soils, steep slopes, and wetlands will require a larger minimum lot size for lots with ISTS sites than those with good soils, few slopes and few wetlands. 5. Minimum lot sizes for lots with ISTS sites typically range from 1 acre to 5 acres in size. Many communities use a minimum lot size in the range of 2.0 to 3.0 acres. 6. Gravity sanitary sewer can serve new development in Sewer Districts 50, 51, 53, 54, 55, 56, 58, and 66. 7. A gravity sanitary sewer can serve District 70 and the sanitary sewer flows from the 240 -acre Bailey Nursery property in Woodbury and Newport. When the city or a developer extends municipal sanitary sewer to serve District 70, the new pipe must be sized large enough to serve the entire 240 -acre Bailey Nursery parcel. 8. The capacity of the Carver Lake interceptor is large enough to accommodate flows from all of the study area, as well as the 240 -acre parcel in Woodbury and Newport owned by Bailey Nursery. 5 9. Connections to the Carver Lake interceptor will be allowed by permit from the MCES. The interceptor would be metered at the points where it enters and exits Maplewood. Any flow that enters the interceptor between these two locations will be billed to Maplewood based on the difference between the two meter readings. 10. In Districts 10 and 57, the existing terrain varies drastically and there are significant elevation changes. As such, the use of lift stations will likely be necessary to convey sanitary sewer flows from lower areas to higher areas. 11. Districts 10 and 57 have a relatively high cost -to- benefit ratio associated with the extension of municipal sanitary sewer to serve the districts. As a result, the city does not now expect any near -term municipal sanitary sewer improvements in these districts. 12. With the exception of Districts 10 and 57, it is anticipated that the rest of the study area could have sanitary sewer service within the next 20 years. However, before the city agrees to construct any municipal sanitary sewer extension, the city should prepare a feasibility study to identify pipe sizes, pipe alignments, construction costs, and other important project details. 2403 South Maplewood Sewer Study Recommendations Adopt the South Maplewood Sewer Study, Project 03 -03, as part of the 2003 Comprehensive Sanitary Sewer Plan Amendment. (The city council did this on May 27, 2003.) 2. The city should establish a minimum lot size requirement of 2.0 acres for non - severed residential areas in the city (subject to performance standards), including the study area. city did this with the adoption of the R -1(R) zoning district in 2003. The city expects to use this designation primarily in areas with steep slopes and with pockets of marginal soils. The performance standards would be to ensure that the soils and conditions on any future lots would be such that the proposed lot could accommodate a house, driveway, a well and at least two drain fields. 3. The city should change (if necessary) the future land use plan and zoning designations of properties to reflect the minimum lot size requirement (if changed) for non - sewered areas. (The city did change the zoning of several properties in the area to R -1(R) in 2003 after the city created the new zoning district.) 4. The city should first consider those districts with a lower cost -to- benefit ratio for municipal sanitary sewer service before the districts that have a higher cost -to- benefit ratio. p:sec 24-28/moratorium - 2006 Attachments: 1. Location Map 2. October 11, 2006 letter from Jamie Jensen 3. Location Map — Tyrus Land Company Properties 4. June 2003 Sewer District Map 5. April 2003 Comprehensive Sewer Plan Update Map 6. South Maplewood Sewer Study — 2003 7. Table 4 — Maplewood Comprehensive Plan 8. Table 5 — Maplewood Comprehensive Plan 9. Section 44 -9 of Maplewood Zoning Code (Zoning Districts) 10. South Maplewood Land Use Map 11. South Maplewood Property Line /Zoning Map 12. Moratorium Ordinance 0 Attac�ment I m ii I F— Tyrus Land Company 2483 1r Shve NW Suite C New Brighton, Minnesota 55112 651 633-5010 651 633-1404 (fax) October 11, 2006 Mayor and City Council City of Maplewood 1830 County Road B. East Maplewood, Minnesota 55109 Re: Moratorium for South Maplewood Ladies and Gentlemen: C- CT 12 2U06 REcEj We request that you exclude the property at the extreme North end of your study area. Specifically, we request that you exclude the property owned by the Ledo family at 2510 Carver Avenue, as well as the 5.22 acres directly East of the Ledo property. These properties can be serviced by existing sewer and water lines. We are also asking for a zoning change for the 5.22 acres, but leave a change of the Ledo property to your discretion. Our application for a zoning change is incorporated into this letter by reference. S incerely, Je en YW JJ/tb 0 Attachment 3 t 0 I 5 E LIU le 10 zoo -�s EXHIBIT 1 Fl �o 71% 'N LW E2 C? fl 0 C3 CARVEMR 13 Ni Fl �o 71% 'N LW I'NkE-40 Residential Estate (40,000-square-foot lot areas) RE-30 Residential Estate (30,000-square-foot lot areas) !kE-20 Residential Estate (20,000-square-foot lot areasl A-1 Single Dwelling (10,000-square-foot lot areas) X-1S Single Dwelling (7,500-square-foot lot areas) A-2 Single and Double Dwellings "11 Multiple Dwellings (4A - 6.3 units/acre) R-3M Multiple Dwellings (4.9 - 7.0 units/acre) R-3H Multiple Dwellings (8.4 - 12.0 unitsiacre) LBC Limited Business Commercial Center NC Neighborhood Commercial Center CO Commercial Office Center BC(M) Business Commercial (Modified) Center 1 2C Business and Commercial Center M-1 Light Manufacturing M-2 Heavy Manufacturing OS Open Space P Parks S School C Church W Public Water Facility CEM Cemetery FS Fire Station G Government Facility L Library CH City Hall 1�2 i- 9-Le/11 -!' / U C 13 13 Attachment 7 Attachment 8 TABLE5 ESTIMATED PERSONS PER DWELLING UNIT AND PLANNED MAXIMUM DENSITY OF DWELLING UNITS 19 R -- R •gole/Gross A faggro_xiMpte) Type of Dwelling People/Unit' Planned Maximum Density (Units per gross acre) Single Dwellinlf 2,9 4.1 4.6 Double Dwellings 2.2 5.4 6.0 1 0.4 Townhomes 2.2 5.4- 6.0 10.4 Manufactured Homes 2t0 6.0 6.7 11.4 Apartments (3-4 units/bldg.) 2.4 5.0 5.5 9.5 Apartments (5-9 units/bldg.) 2.2 5.4 6,0 10.4 Apartments (10-19 units/bldg.) Apartments 1.9 6.3 7.0 12,0 (20-49 units/bldg.) 1.6 7,4 83 14.3 Apartments (50+ units/bldg.) 1.4 8.5 9.5 163 Apartments (1 -b room senior) 11 (Based on bedroom mix.) Apartments (2-bedroom senior) 2.0 (Based on bedroom mix.) Apartments (3-bedroom senior) 2,5 (Based on bedroom mix.) 3 (2) The City shall determine the maximum allowed density by the minimum-4ot areas in the zoning code. The City shall determine the maximum number of units from Table 5 if minimum-area lots for each unit are not platted, The City may allow reduced minimum-lot areas In planned unit developments (PUDs) where the over PUD project does not exceed the maximum allowed density, - . 6 ' I i * - V_ M -, .,1 / 1 6�zml�l M Attachment Attachment 9 § 44-8 MAPLEWOOD CODE See. 44-8. Violations. Any person violating a section of this chapter, including violations of conditions established concerning variances or conditional use permits, shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with section 1-15. Violations of this chapter can occur whether the city or state requires a permit for a regulated activity. Each day that any violation continues shall constitute a separate violation. (Code 1982, § 36-8) See. 44-9. Zoning districts. The city is hereby divided into the following zoning districts: F Farm residence district R-1 Residence district (single dwelling) R-1S Small-lot single-dwelling district R-2 Residence district (double dwelling) —R-3 Residence district (multiple dwelling) R-E Residence estate district 14C Neighborhood commercial district CO Commercial office district BC Business and commercial district LBC Limited business commercial district BC(M) Business commercial modified district SC Shopping center district M-1 Light manufacturing district M-2 Heavy manufacturing district (Code 1982, § 36-9) �`� ��,� � -'tom' '�'�- ,+�'�.`� �..��',�.. &-c. 44-10. Zoning map. (a) Generally. The boundaries of the districts designated in section 44-9 will be shown on a map, and the map is hereby made part of this chapter, which map shall be known as the zoning map of the City of Maplewood. The map shall include any zoning changes recommended by the pl nnin commission or the city council. Before the map is finally approved and adopted by the city council, the council shall hold an open public hearing pursuant to at least, ten days' published and posted notice. Publication shall consist of at least one notice in the official newspaper of the city, and posting shall be in three prominent places within the city. All interested persons shall be heard at the hearing or any adjournment thereof. After the hearing the city council shall adopt the map; and all notations, references and data shown thereon are hereby incorporated by reference into this chapter and shall be as much a part of this chapter as if all were fully described. The map shall be kept up to date as provided in subsection (c) of this section. - 00 /Q f A1<3 CD44:20 15 IV i A++--k- -rid I n Z , /-,c: { 16 l�f■J aq�= X :- - 7 - 17 17 UIVMF I'lIWENTEK ORDINANCE NO. AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND FOR DEVELOPING LAND USE AND ZONING STANDARDS FOR THE AREA SOUTH OF CARVER AVENUE IN MAPLEWOOD, MINNESOTA The area under consideration in this ordinance (hereinafter referred to as the "South Maplewood Study Area ") includes the land south of Carver Avenue in Maplewood (refer to the South Maplewood Study Area map attached for the exact location). The Maplewood City Council ordains: 1.01 The City of Maplewood is currently conducting a study that includes land use, zoning and planning components for the area south of Carver Avenue. 1.02 The objective of the study is to review existing and planned land uses and zoning designations and the existing natural and constructed features in the south Maplewood study area. From this information, the city may make changes to the comprehensive plan, the zoning ordinance or the land use plan in the area to create better - planned and constructed developments and neighborhoods. 1.03 In addition to the study, the city may need to revise the city's zoning ordinance, zoning map, land use map and comprehensive plan because of the following issues: - Land use - Minimum lot sizes - Public utility availability - Building setbacks - Open space - Mississippi River Critical Area Corridor - Metropolitan Council Requirements - Pedestrian flow and safety - Parking - Historical features - Topography - Wetlands, ponding and other water features - Storm -water systems - Housing density 1.04 There is a need for the city to do these studies so that the city staff and the city council will have current and relevant information before considering or making any changes to the city's zoning ordinance, zoning map, land use map and the comprehensive plan for the area south of Carver Avenue. in., SECTION 2. DEVELOPMENT AND REDEVELOPMENT STUDY; MORATORIUM 2.01 The city council authorizes the city staff to do this study. City staff shall coordinate this study with the planning commission, other government agencies, property owners, interested citizens, the city council and any other entities that may provide input to the study. 2.02 Upon completion of the study, city staff will present the study and its results to the planning commission for their review and recommendation to the city council. 2.03 A moratorium on development in the south Maplewood Study Area is adopted pending completion of the study and/or the adoption of any amendments to the city's zoning ordinance, zoning map, land use map or comprehensive plan as the city deems necessary because of the study. The city will not approve any new development, subdivision or building permit for a new building, except for those parcels that are two acres in size or smaller and now of record, during the moratorium period. Maplewood may issue building permits for the expansion or remodeling of existing structures, for accessory structures or for one new principal structure on an existing lot of record where the owner does not subdivide the property. SECTION 3. TERM 3.01 The term of ordinance shall be for one year or until the city council adopts amendments to the city's zoning ordinance, zoning map, land use map or comprehensive plan as the city deems necessary because of the study or the city council takes any action that directly impacts the study or the ordinance. SECTION 4. VARIANCES 4.01 The city council, at their discretion, may grant variances from this ordinance based upon a determination that a proposed subdivision or development would be compatible with proposed land use and zoning, and that such proposals would keep with the spirit and intent of this ordinance. The procedures to be followed in applying for a variance from this ordinance shall be in accordance with state law on findings for variances and shall include the following: a. The applicant shall file a completed application form, together with required exhibits, to the Community Development Department. b. The application for a variance shall set forth special circumstances or conditions which the applicant alleges to exist and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. C. The city will submit the application to the planning commission for their review and recommendation to the city council. 19 d. The city council may set, at its discretion, a public hearing before making a final determination on the requested variance. e. The city council may impose such restrictions upon the proposed subdivision or development as may be necessary to meet the purpose and intent of this ordinance. SECTION 5. EFFECTIVE DATE 5.01 This ordinance shall take effect after the city publishes it in the official newspaper. The Maplewood City Council approved this ordinance on November , 2006. Mayor Attest: City Clerk 20 DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA MONDAY, OCTOBER 2, 2006 CALL TO ORDER Chairperson Fischer called the meeting to order at 7:10 p.m. 11. ROLL CALL Vice - Chairperson Tushar Desai Present Commissioner Mary Dierich Absent Chairperson Lorraine Fischer Present Commissioner Michael Grover Absent Commissioner Harland Hess Present Commissioner Jim Kaczrowski Present Commissioner Gary Pearson Present Commissioner Dale Trippler Present Commissioner Jeremy Yarwood Present Staff Present: Ken Roberts Planner Lisa Kroll Recording Secretary Steve Kummer Civil Engineer VI. NEW BUSINESS a. South Maplewood Development Moratorium (7:29 — 8:28 p.m.) Mr. Roberts said 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 planning commission wanted staff to identify and investigate properties in south Maplewood that have land use and zoning designations that are inconsistent with each other. This report provides the planning commission with information about the R -1(R) zoning district, with sewer and development issues in south Maplewood and with land use zoning maps of the area. The intent of the R -1(R) zoning district, as adopted by the city council in 2003, reads: "Maplewood intends to protect and enhance the character of areas of the city that, because of topography or other factors, do not have, nor does the city expect to have, municipal sanitary sewer or water service. To allow for and to protect a very low density, semi - rural, residential life style, the city creates the R -1(R) zoning district. This zoning district is for the areas of Maplewood that are not suitable for suburban or tract development because of topography, vegetation or other factors that make the installation of municipal sanitary sewer unlikely. The city finds the most suitable use of these areas is single dwellings on large lots. Such low- density residential development will lessen grading and soil erosion and will help protect ground water, vegetation and wooded areas. The lots and parcels in the R -1(R) zoning district are generally much larger than those in the R -1 (single dwelling) district and those with municipal sanitary sewer and water." Planning Commission -2- Minutes of 10 -02 -06 In the ideal world, the land use designation and the zoning designation that the city places on each property would be the same or at least consistent with each other. This however, is not always possible. A primary reason that the designations the city gives to a property are not always the same is that the land use categories in the comprehensive plan are not the same as those the city has in the zoning code. Staff was asking the planning commission to determine if there is a need for a moratorium on development for the area of Maplewood south of Carver Avenue, east of 1 -494. If the city wants to enact such a moratorium, the city will need to decide what issues they want staff to investigate during the moratorium. This could include the possibility that the land use and zoning designations for some properties are not consistent with each other (and that they city should make land use or zoning changes to make the designations consistent with each other). Commissioner Hess asked if the city council has made any decisions regarding which way they want to go with this area south of Carver Avenue and east of 1 -494 in Maplewood? Mr. Roberts said there really haven't been any proposals for south Maplewood since 2003 so there isn't a basis to go on. Eventually this area will be developed with or without sewer systems. There are some differences between the zoning code and the comprehensive plan and this may lead the city to updating the comprehensive plan and this area could be focused on as part of that. Commissioner Trippler said he appreciates the fact that staff included the exact language in the city ordinance which defines R -1(R) and underlined the things that indicate that R -1(R) is tied to whether or not there is a sewer there or a likelihood of a sewer going in there. He focused in on the part of the ordinance that states Maplewood intends to protect and enhance the character of areas of the city that, because of topography or other factors did not have or does not expect to have sanitary sewer or water service. To allow for and to protect a very low density, semi- rural, residential life style, the city created the R -9(R) zoning district. He doesn't see anything in the ordinance that states if sewer is available this disqualifies the property as R -1(R). It says if it doesn't expect sewer to be there or if its unlikely sewer would be available here. Commissioner Trippler said his position is even if there was sewer there it wouldn't disqualify a piece of property from being zoned R-1 (R). Mr. Roberts said he would agree. That is the position the Mayor and Councilmember Cave took with the proposal for Carver Crossing. Planning Commission -3- Minutes of 10 -02 -06 Commissioner Yarwood said he thinks we have focused too much on the sanitary sewer aspect of this. The key sentence is to allow for and to protect a very low density, semi- rural, residential life style. This definitely came up with the Carver Crossing proposal in that there is one outlet for this entire development and the effective density would be close to 4 units an acre in terms of developable land and it didn't seem to fit with the rest of south Maplewood. He thinks the R -1(R) designation is there to protect a fairly unique area and aspect of south Maplewood. It's much bigger of an issue than just sewer, it's protecting something else. To him it's relatively simple; we should modify the comprehensive plan to match the zoning patterns and perhaps modifying the farm land to make that R-1 (R). We should place a moratorium there to make the comprehensive plan and zoning plan consistent. That way the city can't get tangled up in legal issues and have developers believe they could build something there they can't. Commissioner Hess asked if Woodbury were to develop their property on the west side and needed to run sewer through Maplewood because of the drainage issues, would Maplewood gain financial benefits from that even if Maplewood wasn't developing in that area? Mr. Roberts said that would only happen if it were a joint project between the two cities and typically there would be cost sharing between the two cities. Assessments and levying costs to the various parcels would be determined by acreage of number of lots. The only benefit would be to do it as one project rather than two or three smaller projects but there probably wouldn't be a direct benefit to Maplewood. Commissioner Pearson said as a commission member involved in voting on the R -1(R) designation there was a lot of discussion back then whether or not wells or septic systems would fail or would be failing in the future. His clear recollection is the commission voted for R -1(R) to protect the nature of the area, the topography and semi -rural residential. He did not recollect that the R -1(R) zoning would wash out sewer to that area. It was specifically to protect the character of the area. Chairperson Fischer said her memory was that we were going to go with the larger lot size without sewers with a future possibility of it having sewers. Commissioner Trippler said that's what he remembered as well. Staff had professors from the University of Minnesota and people from the Minnesota Pollution Control Agency to get feedback regarding what they thought the minimum lot size should be to adequately protect a sewer system as to not contaminate the wells. There was discussion regarding how we arrived at the 2 acre lot size as it related to what could adequately handle the soil conditions and topography in the area. He has always felt that one of the benefits in Maplewood is that there is a wide range of life styles that exist within the community. This is an area where there are a number of large lot sizes and this would be another mechanism to serve multiple purposes, not only the issue of sanitary sewer systems verses septic systems but also the large lot size. Commissioner Trippler said he didn't care if sewers were available here or not, he wanted the 2 acre minimum lot size. He asked if the way the current ordinance is written is confusing or misleading or would it be beneficial to the city to change the language making it more concise? Planning Commission -4- Minutes of 10 -02 -06 Mr. Roberts said staff doesn't think the language is confusing. The question for the city council is what do they want to emphasis? Does the city council feel strongly about keeping the strong semi - rural character and no sewer? Maybe some language should be added to strengthen the statement. Should the city change the comprehensive plan to make it more consistent as suggested by Commissioner Yarwood? Staff would contend that an R -1 designation in the comprehensive plan is consistent with R -1(R) because they both say single dwellings. The land use is the same; it's a matter of how many units you put on the acreage. If the R -1(R) category was added to the comprehensive plan and to the maps, that would strengthen the city's policy if the city council chooses to do that. Commissioner Yarwood said that is the key issue, you can build single family homes right on top of each other or you can space them a large distance apart which changes the nature of the neighborhood. The comprehensive plan apparently doesn't have anything less than an R -1 designation and the zoning needs an additional designation. Mr. Roberts said there is the estate designation. Commissioner Trippler asked staff how hard it is to amend the comprehensive plan? The city is scheduled to begin work updating the comprehensive plan for 2007. Does it make sense to go through the effort to update the comp plan now or should we wait and work on it as part of the total picture? Mr. Roberts said updating the comprehensive plan in general will be a lot of work. As staff we are struggling with how it will get done due to work loads and time constraints. Chairperson Fischer asked if staff anticipated the planning commission would work on the comprehensive plan during work sessions? Mr. Roberts said that would be part of the process. Changing the designation for 15 -20 properties and sending the notices and mailings would be some work. The risk the city runs if they don't do a moratorium on an area in Maplewood is if the city were to get a development proposal for that area. This area of south Maplewood is in the area of MUSA (Metropolitan Urban Service Area) which is land that the Met Council expects will develop "with" sewer. Parts of Woodbury and Newport are outside of the MUSA where they don't expect to have sewer for 20 years plus. Because Maplewood is in the MUSA Chuck Ahl expects all this area will one day have sewer. The question is does the city want to deal with the situation now or let future commissions and/or city councilmember's deal with it later. The price of land is getting to be too valuable and it's inevitable there "will" be some type of development there. Commissioner Trippler asked when staff anticipated the planning commission needed to have the comprehensive plan updated for the Met Council? Mr. Roberts said it's his understanding that the comprehensive plan would need to be done by the end of 2008, which means adopted by the Met Council and would need to be there by the middle of 2008. Commissioner Trippler asked how long the city can put a moratorium on development in an area in Maplewood? Planning Commission -5- Minutes of 10 -02 -06 Mr. Roberts said the moratorium can be for 1 year before being challenged by the legal system. If the moratorium would be for longer than 1 year you start risking a "taking ". Commissioner Trippler said it sounds like we need to start modifying the comprehensive plan for this part of Maplewood. Commissioner Pearson asked if there was any problem making changes "peace meal" to the comprehensive plan or does that have to be done in mass? Mr. Roberts said to change the text from the comprehensive plan for R -1 to R -1(R) from the Met Council perspective staff doesn't see a problem. However, the city will have to notify the property owners and have the hearings etc. first. Staff doesn't know how those property owners will like the rural designation. Commissioner Pearson said if the housekeeping part of it would have been done on that section of south Maplewood we wouldn't be looking at this proposal now. Mr. Roberts said staff mentioned that in the staff report. Ideally if we thought this was going to be an issue in 2003 when the R -1(R) was added to the zoning code, we would have added an R -1(R) to the comprehensive plan and then updated the comprehensive plan maps and have that amendment already in place, but we didn't do that. In staff's defense we didn't see that R -1 land use was that much different than R -1(R) zoning, but there are those that would disagree with that. Chairperson Fischer asked if we are correct to assume there are no plans or anything in the talking stage for the Bailey Nursery site property? Mr. Roberts said correct. Mr. Roberts said if the commission wanted to take public testimony there are people here in the audience. Commissioner Trippler asked if this was a public hearing? Chairperson Fischer said no it isn't but if the commission would like we could hear public testimony, we can. Commissioner Yarwood said he would like to hear the public. Chairperson Fischer asked if anyone in the audience wanted to speak? Planning Commission -6- Minutes of 10 -02 -06 Mr. Ron Cockriel, 943 Century Avenue, Maplewood, addressed the commission. The consideration of a moratorium is an important thing. It affects developers, both current and future landowners and it affects how the city and residents view things. There was a moratorium in place 3 or 4 years ago south of Linwood Avenue. The assumption for a moratorium is that the city should come up with a plan first which appears to be what the commission is doing this evening. Three or four years ago the moratorium was put in place to study everything for development purposes such as soil conditions and sewer connection possibilities. When the moratorium was lifted the city should have had a plan in place. Now we are down to Carver Avenue and there are some discrepancies in the plan. Mr. Cockriel said as a result from having the moratorium a decision was made by the city council regarding how to treat the property. What should have occurred at that time is that the city should have updated the comprehensive plan. Ultimately, when developers come to the city wanting to develop a property in Maplewood they should have been informed regarding what is allowed with that parcel of land. He said he was at the last planning commission meeting and he remembered the conversation regarding what area the commission wanted to look at. He thought the commission decided anything that was inconsistent with the comprehensive plan was what the commission wanted to look at. Ultimately it all revolves around the R -1 (R) zoning. He believed both the east and west sides of the freeway should be looked at. The city council rejected the Carver Crossing proposal 3 -2. It would be a strong message from the planning commission to recommend to the city council that a moratorium be put on this area or follow up on the unanimous vote turning down the Carver Crossing proposal on the grounds of land use. Too much focus has been on the sewer issue. It involves much more than just sewer. It is also to protect the character of the land and the area. This area falls within the freeway corridor and the Met Council wants to fill land up as much as possible close to the freeway. Ultimately, the Met Council has identified this property as regional significance for its critical habitat. This is a unique piece of property and we want to keep it that way. If a developer bought property and was not well informed regarding what can and can't be done on the land it could be a buyer beware situation. He recommends revisiting the language that set the direction three or four years ago regarding the land use over another moratorium south of Linwood in Maplewood. Ms. Carolyn Peterson, 1801 Gervais Avenue, Maplewood addressed the commission. She said about 15 years ago there was a 10 member Open Space Commission appointed by the city council to evaluate the open space left in Maplewood. There were 66 open spaces of varying sizes that the group studied and the Carver Crossing property was one of the larger open spaces. It took 3 years to complete the study. It was done by a ranking system based on certain criteria. The Carver Crossing property was ranked number 7 at that time. One of the criteria used to judge this land was Vista and she hasn't heard anyone say anything about that property. The property would be number 1 on the list now. There has been discussion about the environmental value of the land, the topography, and the wildlife in the area, but she hasn't heard much about the bluff line which is very important in the Mississippi River Critical Area. This is a fly way for birds. It's a 73 mile long area on both sides of the Mississippi River and Maplewood has an area with a bluff line on it. If this land is left in its natural state you wouldn't have the fees for sewer connections, roads, utilities etc. Please keep in mind the historical and environmental value of this land when the city makes any decisions. Planning Commission -7- Minutes of 10 -02 -06 Commissioner Pearson asked Carolyn Peterson if she knew out of the 66 open spaces how many of those remain undeveloped today? Ms. Peterson said other than the Carver Crossing land she didn't think she could name one piece of open space that is still open. Mr. Roberts asked Commissioner Pearson if he meant open space land that is still privately owned? Commissioner Pearson said yes, subtracting what was purchased for the open space. Mr. Roberts said the city owns some open space. Chairperson Fischer said she thought she remembered there was some open space that wasn't part of the study because owners indicated they didn't want their land to be considered. Ms. Peterson said yes. One of the open spaces was the Hajicek property which is now the Legacy Village Area. The Open Space Commission contacted every owner of the undeveloped space and some people said they weren't ready to sell and they didn't want their land included in the study. Mr. Roberts said one of the criteria for buying it was you had to have a "willing" seller. Ranking the open space is one thing but some of those prime spaces didn't have a willing seller and are developed today. Ms. Peterson said she just wanted to give the historical background of this property and other open spaces in Maplewood for the commission. Commissioner Trippler said Mr. Cockriel stated the city council rejected the Carver Crossing property at the city council meeting, is that a done deal now? Mr. Roberts said as far as staff knows it's a done deal. Mr. Cockriel had a point that there is R- 1(R) zoning on that side of the freeway as well and if that is a question of consistency and inconstancy for the planning commission you may want to consider those properties on that side of the freeway for a moratorium. Commissioner Yarwood asked if we are going to include the properties on both the east and west side of the freeway what is the best way to identify those? Chairperson Fischer asked if we are looking at simple housekeeping of information or are we looking at recommending a moratorium? Commissioner Yarwood said he believes this needs a moratorium placed on it and the comprehensive plan modified. Commissioner Trippler agreed. Planning Commission -8- Minutes of 10 -02 -06 Mr. Roberts said the map on page 16 of the staff report identifies the properties that have the land use and R -1(R) inconsistencies not including the Carver Crossing property. If it's the wish of the planning commission to have a moratorium it would be for the area south of Carver Avenue east of 1 -494 and including the properties that were proposed in the Carver Crossing project. Then the planning commission should provide direction to staff regarding what to do as far as the moratorium. Commissioner Yarwood moved to recommend to the city council a one year moratorium on development in Maplewood east of 1 -494 and the properties considered as part of the Carver Crossing development to enable the city to make the comprehensive plan and zoning maps consistent with regard to R-1 (R), Farm and R -1 zoning. Commissioner Trippler seconded. Ayes — Desai, Fischer, Hess, Kaczrowski, Pearson, Trippler, Yarwood The motion passed. This item could go to the city council as early as Monday, October 23, 2006. Agenda Item L6 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Pubic Works Director /City Engineer SUBJECT: CarMax/Mogren Property Improvements, Beam to County Road D, City Project 06 -17 — Approval to Explore Financial Support for Improvements through Tax Abatement DATE: October 12, 2006 INTRODUCTION On June12, 2006, the City Council authorized the preparation of a feasibility study for the Mogren Street Improvement Project, from Beam to County Road D, as part of the CarMax Development. The study identified information on the proposed improvements, proposed financing and probable assessments. The findings indicated that the project required extensive improvements above and beyond the normal improvements required for a parcel. Alternative financing methods need to be considered to proceed with this development. The property developer, Bruce Mogren, is requesting that the Council authorize a financial consultant to explore these alternatives and information. Approval from the Council is necessary to proceed. Background Bruce Mogren, representing Countryview Golf, is proposing a development on the former Countryview Golf Course. The development includes the addition of a CarMaxx Used Car Dealership at the corner of Beam Avenue and Trunk Highway 61. The site includes a major retail store, probably Costco, along with a convenience store and office facility. Mr. Mogren has petitioned the city to prepare the engineering plans for the public roadway that crosses through the development. The public roadway would be constructed mainly at the expense of the developer, but is being coordinated with the local City Improvements. Mr. Mogren wishes to advance the planning and analysis to allow for construction of the roadway, if the development is approved, in 2007. As part of the feasibility study investigation, major improvements to area -wide systems, such as Beam Avenue, the TH 61 /Beam intersection, a large storm water conveyance system, and site soils have created major financial concerns with the project proceeding. The attached letter from Mr. Mogren requests consideration of public funding through the use of tax abatement for the extra improvements added since the original project authorization. No consideration of that funding can be made without financial information and analysis. Mr. Mogren has deposited $168,000 with the City for the purpose of the engineering analysis and now wishes that some of his funds be used to pay for the financial analysis to determine if this site qualifies for assistance. Discussion This authorization does not, and cannot, obligate the City to participate with any type of funding for the area -wide improvements. The City supported tax abatement for a portion of the improvement of area -wide systems as part of the Legacy Village development but only after financial analysis information was developed. Mr. Mogren's letter requests consideration of this in order for him to continue to proceed with his development. The proposed action allows staff to retain a financial consultant to prepare potential funding that may be available for the development of the site. Once this information is prepared, the estimates for the public improvements, the timing of the improvements, the financing from all available sources and a recommendation will be developed by staff. If acceptable to the Council, a public hearing would then be required before any public support for the improvements is approved. Agenda Item L6 The provisions for consideration of tax abatement are recommended to be limited to the following: a. No financial assistance with the on site utility improvements; roadway drainage, Mogren Street (North -South roadway) etc., as these will financed 100% by the developer, likely through assessments. b. The Tax abatement feasibility study should be limited to assisting with off site improvements to Beam Ave and 61 improvements as a bridge to finance a timing issue for scheduled appropriations expected from Ramsey County and the MN DOT. The Tax Abatement Feasibility Study will also explore the extra costs associated with the site for improvements that may be necessary to the Ramsey Washington Metro Watershed District interceptor system that are considered off site improvements but involve an outside agency having impact on the developability of the property. c. The Study to be financed 100% by the developer. RECOMMENDATION It is recommended that the city council authorize the Director of Public Works to retain a financial consultant, at the developer's expense, to assist in the analysis of potential public funding through the use of tax abatement for the Mogren Street Improvement Project from Beam to County Road D, City Project 06- 17, with the following conditions: a. No financial assistance with the on site utility improvements; roadway drainage, Mogren Street (North -South roadway) etc., as these will financed 100% by the developer, likely through assessments. b. The Tax abatement feasibility study should be limited to assisting with off site improvements to Beam Ave and 61 improvements as a bridge to finance a timing issue for scheduled appropriations expected from Ramsey County and the MN DOT. The Tax Abatement Feasibility Study will also explore the extra costs associated with the site for improvements that may be necessary to the Ramsey Washington Metro Watershed District interceptor system that are considered off site improvements but involve an outside agency having impact on the developability of the property. c. The Study to be financed 100% by the developer. Attachments: 1. Location Map 2. Mogren Letter Request VADNAIS HEIGHTS • Li J F— BEAM AVE. 19 COUNTY ROAD D COUNTY ROAD D CIR. 694 g. COTTAGE LANE LN, 10. COTTAGE LANE IN. 11. COTTAGE LANE IN. COUNTY ROAD D CT. Sunset HIGHRIDGE CT. 1 5. 61 Ridge Q1 Park CHAAIN ST. 0 MINGWAY T COTTAGE LANE LN. NTY ROAD D LYDIA A�VE� 1 G OLD G Q = RD 1. SUMMIT CT. 2. COUNTRYVI CIR. �� 2 J 3. DULUTH d� t FF' G� o Y j> z 3 BEAM 19 � a VILLAGE TR. z a 8 LLL LEGACY 10. Leg 11. WOOD[ N AVE. S i fla e e Park ST. JOHN'S BLVD. z z o wo Y n z g `o FEI Project Location to Li Koh man LLJ Lake ry - KOHLMAN o AVE. 0J J LLJ COUNTY ROAD Kohlman H /LL rOp = Park 51 J Manufactured 0 C," 1 Housing —J �O Z Estates L 5 2 o eCT L w to 3 4 CON NOR 0 v v," M AVER AVE. z V) O o w O O OO W � cv 00 0 - . SEXTANT Q AVE. �/ GERVAIS AVE. ?Kw no scale min o 0 0 w \'Markham I, o Q A� Pond." X N o r th L A� th Hazelwood :2 C 23 Park 1 Z J Z Ld Q J w Cl) i o DEMONT w AVE. m BROOK AVE. Harvest U Cn Park [if M Four AVE. Seas 0 SEXTANT [=-] � z + g GRANDVI AVE. Project Location Mogren Street Improvement 06 -17 October 13, 2006 VIA EMAIL AND U.S.MAIL City of Maplewood Attn: Charles Ahl, P.E. Director of Public Works /City Engineer 1902 East County Road B Maplewood, MN 55109 Re: Country View Golf Center, Inc. Property, Maplewood, MN — Request For Meeting to Discuss Tax Abatement for Off -Site Improvements Dear Chuck: This letter is to confirm in writing to the City that CountryView agrees that the City may use the funds currently on deposit with the City for design /engineering work related to the Property to cover the consulting costs for the exploration of the tax abatement for the offsite improvements to be completed to Beam Avenue reconstruction and the North -South roadway that is to intersect the Property (City Project No. 06 -17). If you have any questions, please don't hesitate to contact me. Sincerely, COUNTRY VIEW GOLF CENTER, INC. y: Bruce Mogren Cc: Beth G. Timm, Esq. 1801 Gervais Avenue • Maplewood, Minnesota 55109 • (651) 777 -3600 Phone • (651) 777 -5151 Fax KNAAK & KANTRUD, P.A. Attorneys at Law Frederic W. Knaak* H. Alan Kantrud** Greg T. Kryzer*` *Also Licensed in Wisconsin & Colorado —Qualified neutral under Rule 114 of the Minnesota General Rides of Practice 3500 Willow Lake Blvd., Suite 800 Vadnais Heights, MN 55110 Telephone: (551) =190 -9073 Facsimile: (651) 490-1580 MEMORANDUM Agenda Item N1 Of Counsel Donald W. Kohler Joseph B. Marshall Thomas M. Dailey, P.A. Theodore M. "Ted" Thompson DATE: 10 OCTOBER 2006 TO: MAPLEWOOD CITY MANGAGER, GREG COPELAND FROM: CITY ATTORNEY, H. ALAN KANTRUD RE: APPLEWOOD PARK AND WOODHILL SUBDIVISION At your request a brief history of the transaction between the City and the Kayser family is being laid out regarding the property now known as Applewood Park as well as a brief note on the property purchased by Woodhill L.L.C. from the Estate of James Kayser. The analysis is based on documents available to the author and is subject to amendment, should other information surface. APPLEWOOD PARK The transaction(s) for the property now known as Applewood Park appear to be entirely contained in the year 1995 and involve two generations of the Kayser family: James and Evelyn Kayser, who were the parents of William, Nancy and Mary and along with their spouses at the time, were the I" generation of, "Kaysers;" and William, Nancy and Mary, who, along with their spouses at the time, were the children and the 2" generation of, "Kaysers," all of whom participated in the sale of the property known, now, as Applewood Park. At the outset, what appears in the record to be a rather innocuous, "agreement," is actually quite illuminating to the issues at hand. The document, untitled, was signed by both James Kayser and his former spouse, Evelyn Wallace, on March 6, 1995. The document speaks for itself but acknowledges, affirmatively, that the bulk of what is now Applewood Park was owned, at the time, by the children of Mr. James Kayser and Ms. Evelyn Wallace. Further, it also acknowledges that there exists, "a strip along the Westerly side," of the property deeded (although not recorded) to James Kayser. The agreement concludes that another 1.1 acre parcel exists that is jointly held by James Kayser and Evelyn Wallace and that James Kayser would sell his 1 /2 interest to the City. That document accompanies this Memorandum. ' Included in the accompanying documents is the deed from the Kayser children to their father, James Kayser, for two parcels, both 10 feet wide but of differing lengths, running along the western edge of the larger Applewood Park parcel that remained owned by children. That document was dated June 3, 1986. On the I" of May, 1995 the City of Maplewood entered into a purchase agreement (PA) with James Kayser and Evelyn Wallace (the parents of the Kayser children) for a small portion of the property now known as, "Applewood Park." The PA called for the payinent of $26,124.00 to the sellers in exchange for the property—the closing of which was to be on the 30"' of June 1995. That document accompanies this Memorandum. Paragraph 7 of the aforementioned PA governs the seller's warranties. Although boiler- plate, the warranties provide that the sellers know of no title issues that affect their ability to effectively transfer full fee ownership of the property to the City. On the 22 of May, 1995 the City of Maplewood entered into a purchase agreement (PA) with William Kayser, Nancy Marchetti (n/k/a Lazaryan) and Mary Jeanne Kayser (the Kayser children) for the property (approximately 22 acres) now known as, "Applewood Park." The PA called for the payment of $573,029.00 to the sellers in exchange for the property—the closing of which was to be on the 30 of June 1995. That document accompanies this Memorandum. Paragraph 7, as with the previous PA, governs the seller's warranties and provide that the sellers of the larger parcel know of no title issues that affect their ability to effectively transfer full fee ownership of the property to the City. On May 24, 1995 a warranty deed was executed by William Kayser, Nancy Marchetti (n/k/a Lazaryan) and Mary Jeanne Kayser (the Kayser children) and their respective spouses transferring not only the larger parcel contemplated in the PA, but any interest in the remaining 10' strip running along the western edge of their parcel as well. That document accompanies this Memorandum. A disbursement agreement was also signed governing the $573,029.00 in proceeds that were disbursed at closing. William Kayser received 24% of the net proceeds; Mary Jeanne Kayser received 25% of the net proceeds; Nancy Marchetti (n/k/a Lazaryan) received 25% of the proceeds less $25,000.00; and Evelyn Wallace received 2510 of the net proceeds and an additional $25,000.00 (presumably the $25,000.00 withheld from Nancy Marchetti). That document accompanies this Memorandum. On May 24, 1995 a quit claim deed was executed by James Kayser and his spouse (Olivia) for his 1.1 acre parcel as well as the two small parcels encompassing the 10' strip along the western edge of the children's parcel. That document accompanies this I I Memorandum. 2 The closing actually was held on the 24' of May, 1995. ' Another child, Stephen Kayser, was dealt with during the transaction but was not identified until very late in the process—his interests, if any, were extinguished and have not been a source of any controversy. 4 That closing appears to also have been effectuated on May 24, 1995 rather than the originally contemplated date. 9 Ultimately, the City was issued a policy of owner's Title insurance encompassing the entirety of the property known as Applewood Park—the legal description provides for the entire park and does not except out any property and includes the property formerly excepted out of the whole, to wit, two 10' parcels running along the westerly edge of the r') bulk of the parcel. That Policy has an effective date of August 7, 1995 and is undewritten by Fidelity National Title through Capital Title.' That document accompanies this Memorandum. In May 2006 a quit claim deed from Evelyn Wallace to her children for their 22 acre parcel was filed to correct any discrepancy in the record regarding the previously transferred property now known as, "App lewood Park," This filing was undertaken to clear-up any untransferred interest remaining in the park-property. In any event, Evelyn Wallace signed-off on all documents required at closing in May 1995 and made no claims C� to any lands or proceeds not distributed at that time. That document accompanies this Memorandum. Later in the summer of 2006 an attorney working on behalf of Evelyn Wallace did contact the former City Attorney and presented several issues regarding the veracity of the documents used to transfer the title to the land now known as, "Applewood Park." In an attempt to address some of those issues the former City Attorney's office elicited an opinion from a highly respected real estate attorney, Mr. Fred Kueppers, who quite clearly indicated that the issues presented by the attorney representing Ms. Wallace were more akin to scrivener's errors than examples of fraud or malfeasance as has been suggested. That document accompanies this Memorandum. WOODHILL Another issue was presented at the meeting of the City Council on Monday October 9, 2006 regarding the legitimacy of the subdivision granted by the City of Maplewood to Woodhill L.L.C. overlaying the property formerly known as 2516 Linwood, the former homestead of James Kayser. As has been presented, the property that was known as 2516 Linwood historically provided the homesite for Mr, James Kayser prior to his death. That property was transferred to Woodhill L.L.C. during the probate of Mr. Kayser's estate by the Administrator of the Estate. The presenter(s) at the meeting challenged the legitimacy of the City's actions in granting the subdivision based on their assertion that the property belongs, in fact, to their mother, Evelyn Wallace, f/k/a Kayser, by virtue of an Affidavit of Survivorship filed following the death of their father and Ms. Wallace's ex-husband, James Kayser, and prior to the sale of the property to Woodhill, L.L.C. The district court in Minnesota has thus-far failed to recognize any interest on the part of Ms. Wallace in the property she claims by virtue of the Affidavit o f Survivorship. 5 Due to the applicability of this Policy, I Presented the concerns I had shortly after being appointed interim City Attorney to a representative of Capital Title and it was agreed that the issue would be handled as a claim on the Policy—and defended pursuant to the City's status as the named insured under the Policy. 3 In fact, the purchaser of the subject property, Woodhill L.L.C., obtained an owner's policy of title insurance covering the property that does not except out or even recognize any lien, claim or right on the part of Ms. Wallace. That document accompanies this Memorandum. Pursuant to that good title the City granted the subdivision request and, further, entered into a Development Agreement (DA) with Nedegaard Custom Homes to build-out the sites now collectively known as the Woodhill Development. Therefore, the City has a reasonable expectation that any clouds, liens or claims on title to the parcel that the Woodhill Subdivision was granted for would be defended pursuant to the policy of insurance provided to Woodhill, which does not require the City to, "undo," the subdivision previously approved. 4 !+* AtEt�iit51tn1 LAlt 1,14 4tt MWF1d; COAtt CM it attl tilIN Vitvt f WO I 1'101 leau4itt r of P.111 ' � Gtsraty dvtli3)1 hr aTATS DftV VAX M IM COO! 1 ,- 14.., 044:104•_) ,IP&L„ 01 S ° . s U vrtLVAO e;Q7tl}ii3LSt ti # i n� v t s a �nns t #* 4citnts,f. 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L "DOL ET`s X11 3,10Hd Of 6 (iB "g,A 11,16 q w, iu*' e� s�, swl; I Nwj p P Ik NW"4 q NEIq // /V0 The City I Of MaPl ew( is seeking ing to pur chase ce- lands,. f or open space purposes, from Eve-_.i C.-Wallace Z. (formerly Ev(-_�_:n C. Kayser) and the children of the previous marriage of James H. Kayser and Evelyn C. Wallace. These lands consists of approximately . 22.5 acres and are called the "kids land ". These lands do not include a strip along Westerly side. This strip was previously deeded to James H. Kayser. The deed has not been recorded. At the closing of- the sale of the said lands to the City of Maplewood for open space purposes, the following five items are agreed on: 1). Evelyn C. Wallace agrees to pay to James H. Kayser all of his legal expenses that James H. Kayser has paid, or is,obligated to pay, concerning District Court File No. C4-94-6759. This amount as of March 1, 1995 is $20,908.2 The amount agreedto be paid shall not exceed $25,000-00. this payment is to be made by Certified Check at the date of closing of the sale of the lands to City of Maplewood. 2) . 4 - James'_'­H. 7 'Kayser- agrees, to .declare. null and void the Declaration of Co�renant against Development of Property dated January 14, 1994, and also agrees to dismiss 'his counterclaim against the plaintiffs. 3). It is further agreed that the plaintiffs shall dismiss all claims against James H. Kayser. U; lo,,1 i 5 Ke- Ci_ C- U_)z�_t 4) it is further agreed that James H. Kayser will require that the City of Maplewood agree that said lands will only be used for open space purposes during the time that James H. Kayser at 2516 Linwood Ave., East, Maplewood, MN. 5). It. further agreed that James H. Kayser will require that the City 0: Maplewood,`;- ill give to him an easement for d ischarging, or storing, of water which may flow onto the purchased lands as a result of future development of the remaining, adjoining lands in which James H. Kayser has an interest. It the said lands are not sold to the city of Maplewood for open space purposes, then the agreement shall expire on Nov. 1, 1.995 without prejudice to either party. Both parties agree to halt further legal proceedings on District Court Fil No. C4-94-6759 until Nov. 1, 1995. There is an additional, adjoining, approximately 1.1 acres which is jointl owned by James H. Kayser and Evelyn C. Wallace. James H. Kayser agrees to sell his one-half interest in this parcel, to the City of Maplewood for open space purposes. James H. Kayser agrees to sell his interest at $26,700.00 per acre. James H. Kayser Date J� Eve n C. wallace DEfte EXHIBIT EXHI I Ic PURCHASE AGREEMENT THIS AGREEMENT is made on this day of 141 "Vi 1995, by the CITY OF MAPLEWOOD, a municipal corporaiion(Buyer) a u - d �,ME — J - � KAMER, a married person, and EVELyN WALLACE, a married person (Sellers). A, Seller is the owner of property. B. Seller desires to sell the property to Buyer and Buyer desires to buy the property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration o f the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receiving adequacy of which are hereby acknowledged, Seller and Buyer agree as follows: 1. Sale and Purchase. Subject to the terms and conditions herein set forth, Seller hereby sells to Buyer and Buyer hereby purchases that real property described in E located in the xh C ibit A ity of Maplewood, County of Ramsey, State of Minnesota, as more particularly attached hereto, together with the right, title and interest of Seller in and to any overlaps or gaps ny ov between the respective parcels of real property described in Exhibit A; a erlaps with or gaps between (i) the parcels of real property described in Exhibit A and (ii) the parcels of real property adjacent thereto; any easements appurtenant thereto, and all improvements located thereon ( or on such easements), including but not limited to all land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining such subject parcel to the center lines thereof and in and to any unpaid award for taking by condemnation or any damage to the land by reason of any taking in respect of any such street, road or avenue and any unpaid award for any condemnation or any damage to the land by reason of a change in the grade of any such street, road or avenue (all of the foregoing being hereinafter referred to as the 'Premises"). Seller shall execute and deliver to Buyer at closing, a hereinafter defined, or er for the conveyance of said land thereafter, on demand, all proper instruments requested by Bu y �V* Iying�tthle bed of any street,road or avenue and for the assignment and collection of any such raward)h On the date of closing all of the premises sold to Buyer hereunder shall be conveyed to T Buyer free and clear of all liabilities, liens, encroachments, encumbrances, assessments, kin y n easements, obligations, charges and options of an any, to which Buyer, at its option, may consent in writg exce pt for: pt for such matters, if (a) Local, state and federal buildings and zoning laws and ordinances; (b) The lien of any real estate taxes which Buyer has agreed to pay herein; (c) Reservation of any minerals or mineral rights to the State of Minnesota, E XH I B I T M 2. Purchase price, s to the performance by Seller or all of its obligations hereunder and satisfaction or waiver b y B t ingencies set forth in subsequent paragraphs hereof, Buyer shall pay Seller the sum of Twenty-six Thousand One Hundred Twenty- five Dollars ($26,125,00), payable as follows: A. One Dollar ($1.00) earnest money herein paid and Twenty-six Thousand One Hundred Twenty-four Dollars ($26,124.00) cash on or before June 30, 1995, the date of closing. Said earnest money shall be held in escrow by an escrow agent and deposited into an interest-bearing account, at the written request of the Buyer. Said earnest money shall be returned by the escrow agent to Buyer if Seller does not execute or return this Purchase Agreement to Buyer within 20 days after the date for 'above-written and as otherwise set forth herein. Unless refunded to the Buyers as provided, the escrow money shall be delivered to the Seller at closing. All accrued interest on the earnest money and any additional earnest money paid pursuant to agreements hereof shall be for the benefit of the party entitled to the earnest money and any such additional earnest money, whether or not the closing occurs hereunder; 3. el!2sinV, �ate. The closing (the "Closing ") of this purchase and sale shall take place at the offices of the City of Maplewood at 9:00 a.m. on the date designated by Buyer occur Date rin of g not less than fifteen (15) days after written notice thereof from Buyer to Seller (the " Closing); provided the date of closing shall occur not later than June � hal 9 d pursuant to agreement of the parties. Possession of the subject parcel l be delivered to the Buyer on the date of closing. 4. Documents to be Delivered. (a) To the extent not heretofore delivered to Buyer, within ten (10) days after the date hereof, Seller shall deliver to Buyer copies of all soil tests and reports, engineering studies and reports, environmental tests and reports, surveys, plats, topographical information, utility service information, correspondence with utility companies, highway departments, transportation officials and city, county or state governmental entities, contracts and agreements affecting the premises, to the extent such documents are in its possession or control; (b) If Buyer shall have perform��d all of its obligations hereunder to the date of closing, the Seller shall, in the date of closing, execute, where necessary, and deliver to Buyer the following: Warranty Deeds from Seller to Buyer free and clear of all liabilities, liens, leases, encroachments, encumbrances, assessments, easements, obligations, charges and options of any kind whatsoever. N (ii) Uniform seller's affidavits from Seller indicating that on the date of closing there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Seller and that there has been no skill, labor or material furnished to the subject property for which mechanic's liens could be filed; there are no other unrecorded interests in the premise of any kind, including but not limited to any leasehold interests in the premises. (iii) All other documents to be executed by Seller affecting title to and/or possession of the premises and necessary or convenient to transfer the same to Buyer under Minnesota law or practice, free and clear of all liens, charges and encumbrances. (iv) A certificate stating that all Seller's warranties hereunder are true, as of the date of closing or, if not, stating in what respect any warranty made hereunder is no longer true. (v) At closing, Buyer shall pay Seller the balance of the purchase price. Seller shall pay the state deed tax and conservation taxes payable upon recording the above deeds. Seller is responsible for all outstanding and payment in full of assessments levied and pending with the exception of project 93-08. Buyer is responsible for recording fees on any documents, other than deeds required by Buyer to be recorded. , '0 er A 5. 'I'itle,..Exarnination. immediately after the execution hereof by Seller,= shal �Af order a commitment for an ALTA owner's p olicy of title insurance with extended coverage (Form B-1970 from a title company selected by Buyer in an amount of the purchase price, committing to insure that Buyer will have good and marketable title to the premises on the date of closing free and clear of any liens and exceptions to title except for permitted encumbrances and without any exceptions for liens of labor or materials, rights of parties in possession, easements or claims of easements now shown by public records, and taxes and special assessments which are not shown as existing liens by pubic records. Buyer may require title including access, contiguity, subdivision compliance and zoning endorsements, as Buyer may, in its sole discretion, require, and Seller agrees to cooperate with Buyer in obtaining such writings as may reasonably d stomarily be required by title company as a condition to its issuing such endorsements. all be responsible for any premiums or charges by title for the insurance of a title policy and all endorsements. SWUPr i Title to the premises shall be subject to Buyer's approval and all sections to the status of T— r title shall be delivered to Seller in writing within sixty (60) days after receipt of the commitment. Seller shall correct all such objections within sixty (60) days after receipt thereof, to Buyer's satisfaction, it being understood that marketable fee title (subject to the permitted encumbrances) and not insurable title to the premises is to be conveyed by Seller to Buyer. C Notwithstanding the foregoing to the contrary., Seller further agrees to use all reasonable efforts and to expend sums as may be reasonably necessary to make said title marketable in the event a defect other than the permitted encumbrances is disclosed. Pending correction of title the date of closing hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Seller shall perform this Purchase Agreement according to its terms. If title to the premises is not marketable and is not made so by Seller within sixty (60) days from receipt of Buyer's objections thereto, Buyer may void this Purchase Agreement. In addition, Buyer's obligations shall be contingent upon receipt at closing of an endorsement to the commitment or a marked copy of the commitment signed by the closing officer of the title company (a) changing the effective date thereof to the date of closing, (b) affirmatively insuring against changes in the status of the title from the effective date to the date of recording the deed, (c) deleting all standard exceptions to the policy, (d} affirmatively insuring the matters requested by Buyer as contemplated above, and (e) reflecting Buyer as the fee owner of the premises and without any other change. 6. Z, axes. Real estate taxes due and payable in connection with the premises for all prior years shall be paid by Seller. Real estate taxes, excluding penalty, plus interest, if any, due and payable in the year in which closing date (the "year of Closing") shall be ap tiding but portioned between Buyer and Seller as of the date of closing. All unpaid special assessments (inc not limited to the amount payable with taxes payable in the year of closing, any sewer separation charges payable in the year of closing and similar governmental charges for the installation or maintenance of roads, utilities and other public improvements against the premises) for all public improvements which have been levied as of the date of closing will be paid by Seller on tamount he date o f c losing, or if the exact amount thereof shall not be known on the date of closing, an mutually estimate by Buyer and Seller to pay the same shall be deposited into escrow on the date of closing. Any amount in such escrow which is in excess of the such assessments when determined and paid shall be delivered to Seller within five (5) days following such determination and payment and Seller's demand therefor. The only exception is that Buyer will assume the pending assessment for project 93-08. 7. R epreagn tationi - and W r ran Aigaby-Seller. Sellers represent and warrant to Buyer that; (a) Sellers have all requisite power and authority to execute this Purchase Agreement and the closing documents previously listed hereof, and the officers of Sellers who did or will e xecute the same for an on behalf of Sellers have the power and the authority to do so and to bind Sellers. (b) To the best of the knowledge of Seller, after due investigation, the conveyance of the premises pursuant thereto will not violate any applicable statute, 4 ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the premises or to Seller. (C) Seller has not used the premises and, to the best of Seller's knowledge the premises have never been used for the production, storage, deposit or disposal of toxic, dangerous or hazardous substance pollutants, wastes or contaminations, including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of Seller's knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the premises. To the best of Seller's knowledge and belief, there are no underground storage tanks on or under the premises, (d) Seller will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Purchase Agreement. (e) Seller has and will have, on the date of closing, good and marketable title be in fee simple to the premises free and clear of all liabilities, liens, leases, encumbrances, easements, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which Buyer, at its option, may consent to in writing, and except for permitted encumbrances. (f) To the best of the knowledge of Seller after due investigation, there exists no judgment, lien, suit, action or legal, administrative, arbitration or other proceeding, or any change in the zoning or building ordinances affecting the premises pending or, to the best of Seller's knowledge and belief, threatened against Seller which could result in a judgment or lien against Seller or could result in a rezoning or taking of the premises; there exists no other basis for any assertion against Seller which would interfere with or prevent the transactions contemplated hereby. ( The premises is vacant land. (h) The premises is a separate parcel and shall not be assessed for real estate tax purposes as part of any other parcel. Seller hereby agrees that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made contained hereinn to the performance by Buyer of its obligations hereunder. The representations shall survive closing hereunder. The other representations shall survive onlUial h the matter represented is to constitute a lien or charge against the premisespon th mater breach of any thereof, Buyer may declare this Purc chase Agreement to be null and brevoidach , or Buythe er may elect to close this sale without waiving any g ht of action by reason of such . In event Buyer elects to declare this Agreement null and void P ut money, additional earnest money paid and accrued intere thereon shall be refunded to Buyer, 9 8. Rel2resenta.tions.and Warranties b Buyer. Buyer represents and warrants to Seller .X� that: (a) Buyer has all requisite power and authority to execute and perform this Purchase Agreement, and the officers of Buyer who did or will execute the same for and on behalf of Buyer have the power and authority to do so and to bind Buyer. (b) Buyer will execute reasonably and exercise due diligence in the performance of the acts permitted or required under this Purchase Agreement. 9. Eminent,.Domain art thereof shall be , If, prior to closing, the premises or any p taken by eminent domain or if proceedings therefor are commenced or threatened, this purchase Agreement shall become null and void, at Buyer's option. If Buyer elects to proceed and to consummate the purchase despite such condemnation, there shall be no reduction in or abatement or the purchase price, and Seller shall assign to the Buyer the seller's right, title and interest in and to all condemnation awards resulting or to result from such condemnation. 10. Ter mination. If Seller shall fail to perform its obligations hereunder or shall otherwise breach this Purchase Agreement, or if any representation or warranty of Seller set forth in this Agreement hereof shall not be true and accurate as of the date stated and as of the date of closing, Buyer shall have the option to do one or more of the following: (a) terminate his Purchase Agreement by written notice to Seller, (b) proceed to closing, (c) in the case of Seller's failure to cure objections to title, as required in this Agreement, proceed to closing and deduct the reasonable cost of Buyer's curing such objections from the purchase price; or (d) pursue such other actions or remedies as are available to it including its right to damages against Seller for its failure to perform or for such breach or misrepresentation or the right to specific performance of this purchase Agreement. Upon the receipt of written notice terminating this Purchase Agreement, the escrow agent shall refund to Buyer the earnest money, and the accrued interest thereon. Upon refund of the earnest money, this Purchase Agreement shall automatically terminate and be of no further force and effect and all liability of the parties hereto to each other shall be discharged. If Buyer shall default in the performance of any of its obligations hereunder, then Seller' sole remedy shall be to terminate this Purchase Agreement and retain the earnest money and additional earnest money, if any as and for its liquidate damages for said default and not as a penalty or forfeiture, but Buyer shall be entitled to receive the accrued interest thereon. �1 11. Miscellaneous. (a) Notices. Any notice or other communication which must or may be given under the terms of this Purchase Agreement must be in writing, and shall be given by personal service or dispatched by certified mail, return receipt requested, postage prepaid, to the addresses shown below, or such other address of which notice is provided in accordance with the terms of this Paragraph 11: 0 (i) If to Buyer: Gretchen Maglich City of Maplewood 1830 E. County Road B Maplewood, MN 55109 (ii) If to Seller: Mr. James Kayser 2516 Linwood Avenue Maplewood, MN 55119 Mrs. Evelyn Wallace 9613 Glenside Court Sun Lake, AZ 85224 (iii) Properly addressed written notice delivered personally, by messenger or courier service, with fees prepaid, by telecopy or by telex shall be deemed given on the date of receipt by addressee. (iv) Properly addressed written notice delivered by certified mail, return receipt requested, with postage prepaid, shall be deemed given on the date which falls seven business days after its deposit in the United States mail. (b) Interpretation. This Purchase Agreement constitutes the entire understanding between the parties. It may be amended or modified only in a writing signed by Seller and Buyer. This Purchase Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. (c) )Yaivers. Neither the extension of time or payment of any sum of money to be paid hereunder nor any waiver by Seller of its right to declare this Purchase Agreement forfeited by reasons of any breach hereof, shall in any manner affect the right of Seller to terminate this Purchase Agreement because of a subsequent default. No extension of time or waiver shall be effective unless given in writing signed by Seller. (d) Additional _Documents. After the closing, each of the parties, without further consideration, agrees to execute such additional documents as may reasonably be necessary to carry out the purposes and intent of this Purchase Agreement and to fulfill the obligations of the respective parties hereunder. (e) Commissions. Seller hereby warrants to Buyer and Buyer hereby warrants to Seller that no broker, agent or finder has been retained by either party and that no broker's commissions, finder's fees or like charges have been incurred in 7 connection with this transaction. Each party hereby indemnifies and agrees to hold harmless the other from and against all losses, damages, costs, expenses (including reasonable fees and expenses of attorneys), causes of action, suits or judgments of any nature arising out of any claim, demand or liability to or asserted by any broker, agent or finder, other than herein specified, claiming to have acted on behalf of the indemnifying party in connection with this transaction. (f) Headin . The headings in this Purchase Agreement are inserted for convenience only and shall not constitute a part hereof. (g) Par lies. This Purchase Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. (h) Survival. The warranties, representations, covenants and guarantees contained herein shall survive closing of this transaction. (i) Assignments. Except for the assignment by Buyer to an affiliated partnership or corporation, the parties agree that Buyer may not assign its rights and interests in this Purchase Agreement without the prior written consent from Seller, which consent shall not be unreasonably withheld, but which consent shall be conditioned upon Seller's receipt of financial information evidencing the proposed assignee's ability to complete the purchase contemplated hereby. 0) Time. Time shall be of the essence hereof. (k) Us e if Premises. From and after the date hereof, Buyer, and its agents, employees, contractors and invitees, may enter upon the Premises in order to: W perform on the Premises surveying, soils, engineering and environmental tests and such other tests and inspections as Buyer deems necessary for determining the suitability of the Premises for its intended use; (ii) show the Premises to prospective purchasers, lessees, lenders and contractors. (1) Public Announcement. Seller agrees that it will not make a public announcement of this transaction contemplated hereby or the terms hereof without the prior written consent of the Buyer. ( Countelp.a This Purchase Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. (n) Wells. In the event wells are located on subject premises the responsibility for sealing and capping said wells including all costs is the responsibility of the Seller. .11 12. Contingencies. Buyers obligation under this Agreement shall be conditioned, for the sole benefit of the Buyer, upon the following: (a) Review and approval by the Maplewood City Attorney; (b) Preliminary review and approval by the Maplewood City Council; (c) Review by the Maplewood Planning Commission; (d) Review by the Maplewood Park Board; and (e) Final review and approval by formal action by the Maplewood City Council which is to occur after review and comment of all parties in (a), (c) and (d) above. (f) Contingent upon City successfully closing on Parcel (1) - Kayser children. (g) Contingent upon a clear environmental assessment to the satisfaction of the City. (h) Contingent upon an agreed legal description by Buyer and Seller prior to June 1, 1995. execute deeds, (i) Note all current spouses must exe . c IN WITNESS WHEREOF, the parties hereto have executed this Purchase Agreement. Seller: Buyer: JAMES H. KAYSER CITY OF MAPLEWOOD EVELYN WALLACE By �'' J4aes�H.� By *1 4 �tzr ' �Z� CA� I ) �h 4��WIA By Evelyn 0. Wallace By---4-111-1 — Ol ivia By Wallace By____ Its 9 Legal to govern. 2. The legal description shall be finalized and mutually agreed upon by the Parties prior to June 1, 1995. 3. See attached parcel area. lut C PURCHASE AGREEMENT ok THIS AGREEMENT is made on this __2L day of L 1995, by the CITY OF MAPLEWOOD, a municipal corporation (Buyer) and WILI-LAM KAYSER, NANCY MARCHETTI AND MARY JEANNE KAYSER, (Sellers). A. Sellers are the owners of property. B. Sellers desire to sell the property to Buyer and Buyer desires to buy the property on the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained in this Agreement and for other good and valuable consideration, the receiving adequacy of which are hereby acknowledged, Sellers and Buyer agree as follows: 1. Sale and Purchase. Subject to the terms and conditions herein set forth, Sellers hereby sell to Buyer and Buyer hereby purchases that real property located in the City of Maplewood, County of Ramsey, State of Minnesota, as more particularly described in Exhibit A attached hereto, together with the right, title and interest, if any, of Sellers in and to: (a) any overlaps or gaps between the respective parcels of real property described in Exhibit A; (b) any overlaps with or gaps between (i) the parcels of real property described in Exhibit A and (ii) the parcels of real property adjacent thereto; (c) any easements appurtenant thereto; and (d) any improvements located thereon (or on such easements), including but not limited to Sellers' interests, if any, to all land lying in the bed of any street, road or avenue, open or proposed, in front of or adjoining such subject parcel to the center lines thereof and in and to any unpaid award for taking by condemnation or any damage to the land by reason of any taking in respect of any such street, road or avenue and any unpaid award for any condemnation or any damage to the land by reason of a change in the grade of any such street, road or avenue (all of the foregoing being hereinafter referred to as the "Premises"). Sellers shall execute and deliver to Buyer at closing, a hereinafter defined, or thereafter, on demand, all proper instruments requested by Buyer for the conveyance of said land lying in the bed of any street, road or avenue and for the assignment and collection of any such award. On the date of closing all of the premises sold to Buyer hereunder shall be conveyed to Buyer free and clear of all liabilities, liens, encroachments, encumbrances, assessments, easements, obligations, charges and options of any kind whatsoever, except for Permitted Encumbrances which shall be deemed to be such matters, if any, to which Buyer, at its option, may consent in writing and: (a) Local, state and federal buildings and zoning laws and ordinances; (b) The lien of any real estate taxes which Buyer has agreed to pay herein; E E X H 18 1 T d h i I (c) Reservation of any minerals or mineral rights to the State of Minnesota; (d) The matters listed on Exhibit B hereto; and (e) Any exceptions disclosed in the title insurance commitment (described in Section 5 hereof) and not objected to by the Buyer in writing within ten (10) days after receipt of said commitment. 2. Purchase Price. Subject to the performance by Sellers or all of its obligations hereunder and satisfaction or waiver by Buyer of all contingencies set forth in subsequent paragraphs hereof, Buyer shall pay Sellers the sum of Five Hundred Seventy -three Thousand Thirty Dollars ($573,030.00), payable as follows: A. one Dollar ($1.00) earnest money herein paid and Five Hundred Seventy-three Thousand Twenty-nine Dollars ($573,029-00) cash on or before June 30, 1995, the date of closing. 3. Closing Date The closing (the "Closing") of this purchase and sale shall take place at the offices of the City of Maplewood at 10:00 a.m. on the date designated by Buyer occurring not less than fifteen (15) days after written notice thereof from Buyer to Sellers (the "Date of Closing); provided the date of closing shall occur not later than June 30, 1995, unless extended pursuant to agreement of the parties. Possession of the subject parcel shall be delivered to the Buyer on the date of closing. 4. Documents to be Delivered. (a) To the extent not heretofore delivered to Buyer, within ten (10) days after the date hereof, Sellers shall deliver to Buyer copies of all soil tests and reports, engineering studies and reports, environmental tests and reports, surveys, plats, topographical information, utility service information, correspondence with utility companies, highway departments, transportation officials and city, county or state governmental entities, contracts and agreements affecting the premises, to the extent such documents are in its possession or control; (b) If Buyer shall have performed all of its obligations hereunder to the date of closing, the Sellers shall, in the date of closing, execute, where necessary, and deliver to Buyer the following: W A warranty Deed from Sellers to Buyer for the property described in Exhibit A hereto free and clear of all liabilities, liens, leases, encroachments, encumbrances, assessments, easements, obligations, charges and options of any kind whatsoever, except the Permitted Encumbrances. tj (H) Uniform seller's affidavits from Sellers indicating that on the date of closing there are no outstanding, unsatisfied judgments, tax liens, or bankruptcies against or involving Sellers and that there has been no skill, labor or material furnished to the subject property for which mechanic's liens could be filed; there are no other unrecorded interests in the premise of any kind, including but not limited to any leasehold interests in the premises. (iii) All other documents to be executed by Sellers affecting title to and/or possession of the premises and necessary or convenient to transfer the same to Buyer under NEnnesota, law or practice, free and clear of all liens, charges and encumbrances, except the Permitted Encumbrances. (iv) A certificate stating that all Sellers warranties hereunder are true as of the date of closing or, if not, stating in what respect any warranty made hereunder is no longer true. (v) At closing, Buyer shall pay Sellers the balance of the purchase price. Sellers shall pay the state deed tax and conservation taxes payable upon recording the above deeds. Sellers are responsible for all outstanding and payment in full of assessments levied and pending with the exception of assessment 93-08. Buyer is responsible for recording fees on any documents, other than deeds required by Buyer to be recorded. 5. Title Examination. Immediately after the execution hereof by Sellers, Sellers shall order a commitment for an ALTA owner's policy of title insurance with extended coverage (Form B-1970) from Lawyer's Title in an amount of the purchase price, committing to insure that Buyer will have good and marketable title to the premises on the date of closing free and clear of any liens and exceptions to title except for Permitted Encumbrances and without any exceptions for liens of labor or materials, rights of parties in possession, easements or claims of easements now shown by public records, and taxes and special assessments which are not shown as existing liens by pubic records. Buyer may require title company to include such affirmative coverage, including access, contiguity, subdivision compliance and zoning endorsements, as Buyer may, in its sole discretion, require, and Sellers agree to cooperate with Buyer in obtaining such writings as may reasonably and customarily be required by title company as a condition to its issuing such endorsements. Buyer shall be responsible for any premiums or charges by title for the insurance of a title policy and all endorsements. Sellers shall forward all available surveys of the subject property to Buyer. Title to the premises shall be subject to Buyer's approval. All objections to the status of title shall be delivered to Sellers in writing within ten (10) days after receipt of the commitment. If there are objections, Sellers must use diligent efforts to cure but if not cured within sixty (60) days, or if estimated cost to cure exceeds ten thousand dollars ($10,000.00), then Sellers or Buyer has a right to terminate. 3 Pending correction of title the date of closing hereunder required shall be postponed, but upon correction of title and within ten (10) days after written notice to Buyer, the Buyer and Sellers shall perform this Purchase Agreement according to its terms. If title to the premises is not marketable and is not made so by Sellers within sixty (60) days from receipt of Buyer's objections thereto, either Sellers or Buyer may void this Purchase Agreement by written notice to that effect delivered to the other Party. In addition, Buyer's obligations shall be contingent upon receipt at closing of an endorsement to the commitment or a marked copy of the commitment signed by the closing officer of the title company (a) changing the effective date thereof to the date of closing, (b) affirmatively insuring against changes in the status of the title from the effective date to the date of recording the deed, (c) deleting all standard exceptions to the policy, (d) affirmatively insuring the matters requested by Buyer as contemplated above, and (e) reflecting Buyer as the fee owner of the premises and without any other change. 6. lg=. Real estate taxes due and payable in connection with the premises for all prior years shall be paid by Sellers. Real estate taxes, excluding penalty, plus interest, if any, due and payable in the year in which closing date (the "year of Closing ") shall be prorated between Buyer and Sellers as of the date of closing. All unpaid special assessments (including but not limited to the amount payable with taxes payable in the year of closing, any sewer separation charges payable in the year of closing and similar governmental charges for the installation or maintenance of roads, utilities and other public improvements against the premises) for all public improvements which have been levied as of the date of closing will be paid by Sellers on the date of closing, or if the exact amount thereof shall not be known on the date of closing, an amount mutually estimate by Buyer and Sellers to pay the same shall be deposited into escrow on the date of closing. Any amount in such escrow which is in excess of the such assessments when determined and paid shall be delivered to Sellers within five (5) days following such determination and payment and Sellers' demand therefor. The only exception is the Buyer will assume the pending assessments for Project 93.08. 7. Regre,sentatio-M and Warran b Sellers. Sellers represent and warrant to Buyer that; (a) Sellers have all requisite power and authority to execute this Purchase Agreement and the closing documents previously listed hereof. (b) To the best of the knowledge of Sellers, the conveyance of the premises pursuant thereto will not violate any applicable statute, ordinance, governmental restriction or regulation, or any private restriction or agreement applicable to the premises or to Sellers. (c) Sellers have not used the premises and, to the best of Sellers' knowledge the premises have never been used for the production, storage, deposit or disposal of .19 toxic, dangerous or hazardous substance pollutants, wastes or contamin ations, including but not limited to nuclear fuel or wastes or wastes that are considered hazardous by law and regulations, and to the best of Sellers' knowledge and belief, no such substances, pollutants, wastes or contaminants exist on the premises. To the best of Sellers' knowledge and belief, there are no underground storage tanks on or under the premises. (d) Sellers will act reasonably and exercise due diligence in the performance of the acts permitted or required under this Purchase Agreement. (e) Sellers have and will have, on the date of closing, good and marketable title be in fee simple to the premises free and clear of all liabilities, liens, leases, encumbrances, easements, assessments, obligations, charges and options of any kind whatsoever, except for such matters, if any, to which Buyer, at its option, may consent to in writing, and except for Permitted Encumbrances. (f) To the best of the knowledge of Sellers after due investigation, there exists no judgment, Hen, suit, action or legal, administrative, arbitration or other proceeding, or any change in the zoning or building ordinances affecting the premises pending or, to the best of Sellers' knowledge and belief, threatened against Sellers which could result in a judgment or Hen against Sellers or could result in a rezoning or taking of the premises; there exists no other basis for any assertion against Sellers which would interfere with or prevent the transactions contemplated hereby, except as may be set forth in Exhibit C attached hereto. (g) The parcel is vacant land. Sellers hereby agree that the truthfulness of each of the foregoing representations and warranties and of all other representations and warranties herein made is a condition precedent to the performance by Buyer of its obligations hereunder. The representations contained herein shall survive closing hereunder. The other representations shall survive only to the extent that the matter represented is to constitute alien or charge against the premises. Upon the material breach of any thereof, Buyer may declare this Purchase Agreement to be null and void, In the event Buyer elects to declare this Agreement null and void pursuant to this paragraph, all earnest money, additional earnest money paid and accrued interest thereon shall be refunded to Buyer. 8. Representations and Warranties u er. Buyer covenants, represents, and warrants to Sellers that: (a) Buyer has all requisite power and authority to execute and perform this Purchase Agreement, and the officers of Buyer who did or will execute the same for and on behalf of Buyer have the power and authority to do so and to bind Buyer. (b) Buyer will execute reasonably and exercise due diligence in the performance of the acts permitted or required under this Purchase Agreement. W 9. Eminent Domain. If, prior to closing, the premises or any part thereof shall be taken by eminent domain or if proceedings therefor are commenced or threatened, this purchase Agreement shall become null and void, at Buyer's option. If Buyer elects to proceed and to consummate the purchase despite such condemnation, there shall be no reduction in or abatement or the purchase price, and Sellers shall assign to the Buyer the Sellers' right, title and interest in and to all condemnation awards resulting or to result from such condemnation. Buyer shall not initiate or promote any such condemnation. 10. Terming ion. If Sellers shall fail to perform their obligations hereunder or shall otherwise breach this Purchase Agreement, or if any representation or warranty of Sellers set forth in this Agreement hereof shall not be true and accurate as of the date stated and as of the date of closing, Buyer shall have the option to do one or more of the following: (a) terminate this Purchase Agreement by written notice to Sellers, (b) proceed to closing, or (c) pursue such other actions or remedies as are available to it including its right to damages against Sellers for their failure to perform or for such breach or misrepresentation or the right to specific performance of this purchase Agreement. Upon the receipt of written notice terminating this Purchase Agreement, the Sellers shall refund to Buyer the earnest money, and the accrued interest thereon. Upon refund of the earnest money, this Purchase Agreement shall automatically terminate and be of no further force and effect and all liability of the parties hereto to each other shall be discharged. If Buyer shall default in the performance of any of its obligations hereunder, then Sellers sole remedy shall be to terminate this Purchase Agreement and retain the earnest money and additional earnest money, if any as and for its liquidate damages for said default and not as a penalty or forfeiture. 11, Miscellaneous (a) Notices, Any notice or other communication which must or may be given under the terms of this Purchase Agreement must be in writing, and shall be given by personal service or dispatched by certified mail, return receipt requested, postage prepaid, to the addresses shown below, or such other address of which notice is provided in accordance with the terms of this Paragraph 11: If to Buyer: Gretchen Maglich City of Maplewood 1830 E. County Road B Maplewood, MN 55109 R If to Sellers: Mr. Randy Noecker Noecker & Associates 5066 Rainbow Lane Moundsview, MN 55112 Mr. William Kayser 6408 - 81st Avenue North Brooklyn Park, MN 55445 copy to: Gary Renneke Larkin, Hoffman, Daly & Lindgren 1500 Norwest Financial Center 7900 Xerxes Avenue S. Bloomington, MN 55431 (iii) Properly addressed written notice delivered personally, by messenger or courier service, with fees prepaid, by telecopy or by telex shall be deemed given on the date of receipt by addressee. (iv) Properly addressed written notice delivered by certified mail, return receipt requested, with postage prepaid, shall be deemed given on the date which falls seven business days after its deposit in the United States mail. (b) Inteoretation. This Purchase Agreement constitutes the entire understanding between the parties. It may be amended or modified only in a writing signed by Sellers and Buyer. This Purchase Agreement will be governed by and construed in accordance with the laws of the State of Minnesota. (c) Wai vers . Neither the extension of time or payment or acceptance of payment of any sum of money to be paid hereunder nor any waiver by Sellers of its right to declare this Purchase Agreement forfeited by reasons of any breach hereof, shall in any manner affect the right of Sellers to terminate this Purchase Agreement because of a subsequent default. No extension of time or waiver shall be effective unless given in writing signed by Sellers. (d) Additional D o cumen t s, _n After the closing, each of the parties, without — p _ _1�. further consideration, agrees to execute such additional documents as may reasonably be necessary to carry out the purposes and intent of this Purchase Agreement and to fiffill the obligations of the respective parties hereunder. (e) CgMMkLiQM. Sellers hereby warrant to that they shall be responsible for Randy Noeckees commission. Sellers hereby indemnify and agree to bold harmless the buyer from and against all losses, damages, costs, expenses (including reasonable fees and expenses of attorneys), causes of action, suits or judgments of h any nature arising out of any claim, demand or liability to or asserted by any broker, agent or finder, other than herein specified, claiming to have acted on behalf of the indemnifying party in connection with this transaction. Buyer has not retained or had contact with any broker representing Buyer. (f) Head ings. The headings in this Purchase Agreement are inserted for convenience only and shall not constitute a part hereof. (g) PgTties. This Purchase Agreement shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. (h) &rvival The warranties, representations, covenants, indemnity, and guarantees contained herein shall survive closing of this transaction. The provisions of Section 11(e) and Section 11(k) shall survive the termination of this Agreement. W Aasjgnments. Except for the assignment by Buyer to an affiliated partnership or corporation, the parties agree that Buyer may not assign its rights and interests in this Purchase Agreement without the prior written consent from Sellers, which consent shall not be unreasonably withheld, but which consent shall be conditioned upon Sellers' receipt of financial information evidencing the proposed assignee's ability to complete the purchase contemplated hereby. No assignment by Buyer shall release Buyer of liability hereunder. T ime. Time shall be of the essence hereof. W Use of Premises. From and after the date hereof, Buyer, and its agents, employees, contractors and invitees, may enter upon the Premises in order to perform on the Premises surveying, soils, engineering and environmental tests and such other tests and inspections as Buyer deems necessary for determining the suitability of the Premises for its intended use (collectively "Tests"). Buyer shall pay all costs and expenses for the Tests and shall restore and repair any damage arising out of and in the course of conducting the Tests. Buyer shall hold harmless and indemnify Sellers for losses, liability, damages, expenses, claims or suits caused by Buyer, Buyer's agents and employees in performing the Tests. Upon closing, or within ten (10) days after termination of this Agreement as a result of Buyer's default, Buyer shall reimburse Sellers for the cost of a current Phase I environmental audit of the Property up to a maximum of one thousand seven hundred dollars ($1,700.00). This obligation shall, survive the termination of this Agreement. In the event the City Council does not approve this Agreement, then the cost of the Phase I shall be Sellers' responsibility. P Will not make a public ghliLc Anno u n cement. ement. Sellers agree that they (1) u announcement of this transaction contemplated hereby or the terms hereof without the prior written consent of the Buyer. 'I. (m) Counterparts. This Purchase Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same instrument. (n) Wills. In the event wells are located on subject premises the responsibility for sealing and capping said wells including all costs is the responsibility of the Sellers. 12. nti gencies. Buyers obligation under this Agreement shall be conditioned, for — C b the sole benefit of the Buyer, upon the following: (a) Review and approval by the Maplewood City Attorney; (b) Preliminary review and approval by the Maplewood City Council; (c) Review by the Maplewood Planning Commission; (d) Review by the Maplewood Park Board; and (e) Final review and approval by formal action by the Maplewood City Council which is to occur after review and comment of all parties in (a), (c) and (d) above. (f) Contingent upon a clear environmental assessment to the satisfaction of the Buyer. (g) Buyer shall make application for lot split on the subject parcel; Sellers shall cooperate and assist Buyer in lot split, including document requests, and lot split shall occur only in the event of closing. (h) Contingent upon obtaining purchase cancellation of J.D.V. Development in a release of all interest in said parcel of J.D.V. Development, Inc. (i) Contingent upon an agreed legal description by Buyer and Sellers prior to June 1, 1995. Note that if Sellers are married, spouse must execute deeds. Sellers' obligations under this Agreement shall also be conditioned upon 12(g), (h), (i) and above. IN WrMSS WHEREOF, the parties hereto have executed this Purchase Agreement. Sellers: WILLIAM KAYSER, NANCY MARCHET11 AND MARY JEANNE KAYSER By Buyer: ITS Z EXHIBIT A 1. Legal to govern. 2. The legal description shall be finalized and mutually agreed upon by the Parties prior to May 23, 1995. 3. See attached legal description that reflects premises. 10 1 *1 V* I I *,j I * - lis - to 1. Items 7, 15 and 16 of Schedule B-2 of Title Commitment and City-Levied Assessment 93-08. 11 EXHIBIT C - Actions/Proceedings 1. Actions described in Items 13 and 14 of Schedule B-2 of Title Commitment. 2. Tax lien (possible) against Nancy Marchetti (to be paid out of proceeds of sale of Property). W-j Legal Description: All orfficE 1/2 ortiicNw 114 of tic NE 1/4, excq) ttleW 1/2 of the W 112 of thcE 1/2 oftheNW 1/4 of the NE 114, iuld excej)t tic north 400.00 feet thereof (all lying and being in Secdoll 13, Township 29 Nordl, Range 22 West, Rluilsey County, MillnesOla). TOGEITIET WITH: Towliship 28 North, `llic S 1/2 of the W 112 of Ille W 1/2 of the E 112 of the NW 1/4 of die NE 1/4 of Section 1' 3, Riu)gc 22 West. TOGEIHER WITH: The S 112 of lie W 1/2 of the NW 1/4 of Uie NE 1/4 of Section 13, Township 29 North, Range 22 West., Ramsey County, mijuicsola, except the following: 311C West 10.00 feet of the N 1/2 of the SW 114 of the NW 114 of the NE 1/4, Sec Lion 13, 28 North, Range 22 West., Raimey County, Milulcsota,- AND 'I'lle north 10.00 feet of the west 10.00 feet of the S 112 of the SW 1/4 of the NW 1/4 of the NE 1/4, Section 13, Township 28 North, Range 22 West., Rmnscy County, Minnesota, Form No. 1-M - WARRANTY DEED Minnesnta Uniform Ccmcy.nc',.g Wanks (1978) lodieldu.t(e) to jndivid.rd(s) No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Valuo-No— I N0t)EJ1Nr­l1l;_:__'71�.+9'__�� 17 r P! r- NT E f ? E'l) JUN 2 3 1995 By: LOU htc;r;ENNA, Deputy STATE DEED TAX DUE HEREON: Date- 1995 (reserved for recording data) FOR VALUABLE CONSIDERATION, WILLIAM M. KAYSER and MARY KAYSER, husband and wife, NANCY MARCHETTI and DANIEL MARCHETTI, wife and husband, and MARY JEANNE KAYSER, also known as Mary J, Kayser and CARL MARTIN, wife and husband, Grantors, hereby convey and warrant to CITY OF MAPLEWOOD, Grantee, real property in Ramsey County, Minnesota, described as follows: CERT.. OF REAL ESTATE VALUE' See Exhibit A attached hereto and made a part hereof. 13Y (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto, subject to the following exceptions. See Exhibit B attached hereto and made a part hereof. Affix Dcvd Tax Stamp Here William M. Kayser Mary Kayser Nancy Marchetti Daniel Marchetti, by William M. Kayser as attorney -in -fact Mary Jeanne Kayser, also known as Mary J_ Kayser, by Nancy Marchetti, As attorney -in -fact Carl Marfi,n i by Nancy Marchetti, as attorney-in-fact STATE OF MINNESOTA ss ' COUNTY OF 4 A -"V The foregoing instrument was acknowledged before me this - ILIt , day of M- 4d ifli M. �tA _' 1 995, by I and ' �ser, WILLIAM M. KAYSER and MARY KAYSER, husband and wife, NANCY MARCH &I. Ka Knysrr. a s attorney - in-fact for DANIEL MARCHETTI, wife and husband, Nancy Marchetti, as attorney-in-fact for MARY JEANNE KAYSER. also known as Mary J. Kayser, and William M. Kayser, as attorney- in-fact for CARL MARTIN, wife and husband, Grantors. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) CHAD D. LEMMO z _g' SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT 40TARY PUBLIC-14INNES Tax Statements for the real property described to this instrument shoold he sent to DAKOTA COUNTY {include name and address of G rantee): My Comm, E-pl­ 1--. 31. 2000 A'; THIS INSTRUMENT WAS DRAFTED BY: LARYJN IROFFNIAN, DALY & LINDGREN, LTD, 1500 N04WEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH 1. BLOOMINGTON, NUNNFSOTA 55431 (612) 835-3900 E XH I B I T GARzFS5S -3 . I ')^ 0 c' EXHIBIT A Legal Description: All o role is 112 of Ow MY IM of the NE IM, except the W 112 of Oic W 1/2 of 011 E 1/2 ordle NNY 114 of Um NS jj=j jul CxCCl) U� fed d l an d Wjjg in Section 13, Township 29 North, Rungc22 West Runiscy Colulty, MuUlesolu). *rO4C Wl'rlj: '11 112of the Nil 1/2of the W 1120F Use E l/2or the NW 114 of Una NE 1/�IvfSection l3,'1'oNvnship28NorUt, Rtuigc 22 West. TOGEMER WM I: '11 S 112 of Ote W 112 or the NW 114 of the NI: 1 141 of Section 13, Township 29 North, Range 22 West., Raniscy County, Minnesota, except Ule full wing: 111uNvest 1QM feet ufUieNlf2of dn!SW 1/4of the " 114 orfficNE IM, Sccdon 13,'1'ownship2g North, Rung 22 West., Rwilsey County, MiluICS AND `1111 north 10.00 feet of UIC West 10.00 feel of the S 112 of the SW 114 of Oic NW 114 of UIC Nr, 114, Section 13, Township 28 North, Rruige 22 West., Ramsey Cowity, Minnesota, MUM 8 Exceptions to Title: Local, state and federal building and zoning laws and ordinances. The lien of arty real estate taxes and assessments that Granite in obligated to pay, Reservation of any minerals or mineral rights to the State of Minnesota. Right of Way Agreement in favor of Great Lakes Pipeline Company filed May 13, 1931, in Book 892 of Deeds, page 352, assigned to William Brothers Pipeline Company by deed filed April 5, 066 as Document No. 1672978, DISBURSEMENT INSTRUCTIONS (22 ACRES) These instructions are given to Capital Title, which is the closing agent of the sale of approximately 22 acres of real property in Maplewood, Minnesota, by William Kayser, Nancy Marchetti and Mary Jeanne Kayser, Sellers, and the City of Maplewood, Buyer, pursuant to that certain Purchase Agreement dated lm 1995. In addition to other customary and ordinary closing costs and adjustments contemplated under the Purchase Agreement, to the extent unpaid, the following should be paid as Closing statement deductions prior to determining the Sellers' net proceeds: cost of Phase I environmental audit prepared by PEER Environmental and Engineering Resources, the legal fees and costs of Larkin, Hoffman, Daly & Lindgren, Ltd. in connection with the sale of the property and the dispute with James Kayser, the commission to Noecker & Associates, and the cost of sealing the well on the subject property. Once the Sellers' net proceeds are determined (after deduction of the above-mentioned items) said net proceeds are to be paid and disbursed as follows: 1. Twenty-five percent (25 of the net proceeds shall be paid to William Kayser. 2. Twenty-five percent (25- of the net proceeds shall be paid to Mary Jeanne Kayser. 3. The difference of twenty-five percent (25%) of the net proceeds minus $25,000.00 shall be paid to Nancy Marchetti. 4. The sum of twenty-five percent (25*-.) of the net proceeds plus $25,000.00 shall be paid to Evelyn Wallace. Capital Title is hereby authorized and instructed to disburse by separate checks the amounts described above to the parties listed above. 4 Evelyn Mf 1l ace Date William Kayser Date E X H I B I T Nancy rchetti Date � /� 512- GAR:ER1S Mary anne Kay I ser Date CAPITAL TITLE All 2 002 5.. 24 : 95 1 4 : 05 FAX -182 " SELLER'S CLOSING STATEMENT KAYSER PARCEL 3 Sales Price Real Estate Taxes-Proration Deferred Assessments State Deed Tax Tract Search Assessment Search Cash Received at Closing ,9 d � ) ajX 7 1,2 7, 857.91 87.45 100.00 26,125.00 239.29 30,00 25,28&93 $ $26�364.29 S- �� /p WS10tKayserm by -rz porm No. 28-M • QUIT CLAIM DEED hjjnnasoja Uniform Convtyanalng Blanks (1979) Individuat(s) to Corporation or F.rwmhip No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. - 19 By: Deputy STATE DEED TAX DUE HEREON' $ Date: Aa (reserved for recording data) FOR VALUABLE CONSIDERATION, JAMES H. KAYSER and OLIVIA A. KAYSER, also known as Olivia Altar Kayser, husband and wife, Grantors, hereby convey and quitclaim to CITY OF MAPLEWOOD, Grantee, a corporation under the laws of j real property in Ramsey County, Minnesota, described as follows: See Exhibit A a tt a ched hereto and made a part hereof, (if more space is needed, continue on back) together with all hareditaments and appurtenances belonging thereto. Affix Deed Tax Stamp Here Jaj. Kayser A Olivia A. Kayser STATE OF MINNESOTA COUNTY OF 14^.fe The foregoing instrument was acknowledged before me thi ;4 day of s an 1995, ifidmAA L 16 - 1 layser, huJ. C wt e, by JAMES H. KAYSER and OLIVIA A. KAYSER, also known as 0 r ( 1 : - 15. e;rantors. NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RANK) N� So "AD D* LEM'X'S gy PUDI'10 WINHOOTA 10TA can '7 �N OCTA e'Wi"j'fi vvvvvvvvvvvvvvv^v^vvvvvvvyvwvvvx SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT T St for the real property described in this i should be sent to (include name and address of Granted): THIS INSTRUMENT WAS DRAFTED BY: LARK HOFFMAN, DALY & LINDGREN, LTD. 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVENUE SOUTH BLOOMINGTON, MINNESOTA 55431 (612) 835-3800 G AR: ET6S EXHIBIT CHAD I). LEMMO NOTARY t'UBttC- MtIfkE8ilTd OAKOTACOUNTY uy Comm. E,phax lwt, 31,2000 vvvvvvvvvvvvvvv^v^vvvvvvvyvwvvvx G AR: ET6S EXHIBIT EXHIBIT "A" The South too feet of the North 400 feet Of the following tract: All of the East half of the Northwest Quarter of the Northeast Quarter, except the West half of the West halt of the East halt of the Northwest Quarter of the Northeast Quarter, tying and being in Section 13, Township 28, Range 22, according to the United States Government Survey thereof, Ramsey County, Minnesota. The north 10.00 feet of the west 10,00 feet of the S 112 of the SW 1/4 of the NW 114 of the NE 114, Section 13, Township 28 North, Range 22 West., Ramsey County, Minnesota, The west 10,00 feet of the N 112 of the SW 114 of the NW 114 of the NE 114, Section 13, Township 28 North, Range 22 West,, Ramsey County, Minnesota. WS141.2ySotlagal Owner's Policy of Title Insuran Fidelin Notion(71 Title insurance Company A Stock Company Policy Number NIN2()1)6- I t)- CT- 15725 -95 R-2111)6.'-'7106-71769724 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE E,):CLUS101VS FROM COVERAGE, THE EXCEPTIOMS FROAlf COVEPUGE COiVT4[jVED- IN SCHEDULE B .41VD THE C0NDIT10jVS AND STIPULATIONS, FIDELITY jV,4TJ0XAL TITLE 1,VSUI?.4!VCE COA1PAiVY, a California corporation, herein called the Company, insin-es, cis qj*Date oj'Polici? shown in Schedule .4, a gainst loss or domage, not exceeding the Amount Qf' g Insurance stated in Schedule -4, sustained oi- incuri-ed b the insured bi , reason oj.* 1. Title to the estate or interest described in Schedule A being, vested other than as stated therein,' A nY dej ct in oi• lien or encumbi M the title: 3. Uninark of the title: 4. Lack qj'a i oj'access to andfi the land. The Compan ' v will also PQV the costs, attorneys' fees and expenses incurred in defense of the title, as insw but only to the extent provided in the Conditions and Stipulations, IN WIT WHEREOF, FIDELITY NATIOXAL TITLE INSMNCE C01fPANY has caused this policy to be signed and sealed by its dude authorized officei-s as qj*Date oj*Policv shoiV17 in Schedule A. MN2006 CT-15728 95R Capital Title Corporition 1210 West Courffly E Arden Hills, NIN 55112 Tel:(651) 190 -5101 Fax:(651) 482-161!;? INSUIZANCE COMPANY SEAL ATTEST Countersignec. Authorized Signattire (Please print natne below) BIT 5 51 — FORM 1312 (7(05) (27106) ALTA 0%vner*s Po idelity National Title , 12 1 Insurance Company of Neer York O'WNER'S POLICY OF TITLE INSURANCE 1 1 01,TCYNO. 27106-71769724 SCHEDULE A Dille ol'Policy August 7, 1995 at 1 1-00 P.M. Amotiffl of histinince $ 575, 000.00 1. L ( .)f hisilre(L. City of Maplewood The estate or interest ill the Imid which is covered by this policy is: Fee Simple 3, Title to the estate or i'llerest in the 111116 is vested ill: City of viaplewood Prenfitini $ 1 , 527 .50 File 110.: CT-15728-95R County: Ramsey 4. The Imid referred to ill this policy is described is Follows: Parcel 1: The South half of the west half of the Northwest Quarter of the Northwest Quarter of Section 13, Tot-mship 28, Range 22, according to the U.S- Government survey thereof, Ramsey County, Minnesota. Parcel 2: The South half of the West half of the West half of the East half of the Northwest Quarter of the Norhteast Quarter of Section 13, Township 28, Range 22, according to the U.S. Government Survey, thereof, Ramsey County, Minnesota. Parcel 3: All of the East half of the Northwest Quarter of the Northeast Quarter, except the West half of the west half of the East half of the Northwest Quarter of the Northeast Quarter, and except the North 400 feet thereof, all lying and CONTINUED C01,111lerSiMIC(I Capital Title Corporation By Authorized Sigimtory Raymond L. Lemmons A17A OWNE11:5 RILT(ly II)IMSCUMMEA Continuation Of Schedule A - Item 4 File NO.: CT-1572 Policy No.: 27106-71769724 being in Section 13, Township 23, Range 22, according to the United states Government Survey thereof, Ramsey County, minnesota. ltlif Fidelity National Title Insiir-,ineeComp POLICY NO. 27106-71769724 SCHEDULE File No.: CT EXCEPTIONS FROM COVE%WE This policy Lioes ilo( iiisbre iigifiiisi loss or (Liniage tile CoMpi'lly will 11 P;lY Cost.,;, ifflonicys* fees or expenses) which ilrise by re;isoii ot 1. Any licii, or right to it hell, for services, tabor or iimleri;iI heretofore or hereafter fllniishe(l, iriiposc l by 11111V 011LI 1101 ShOW11 by the ptiblic records. 2. Ally ciicr('1;)cJlnlell(S, e1isci llelits, Inewstirenietits, v.iriiitiolls i 1 1 r e j , or content, party " or other Cims which <l correct slirvey of the premises would show. 3. Rights or chlinis Of P-Irties ill possession. 4. R woys, streams or eiiseweilts. if ;lily, not shown of recorcl, ripiiriiill rights 1111(1 the title to mly filled-ill 1'111(ls. 5. Last half real estate taxes due and payable in the year 1995 and thereafter Note: The first half 1995 real estate taxes have been paid in full. The second half 1995 real estate taxes are due and payable on October 15, 1995. Note The property ta:� identification number is 13-28-22-12-0009. Note: There are no levied or pending assessments at this time. 6. Easement for the construction, operation and maintenance of pipeline or pipelines running in favor of Williams Brothers Pipeline Company, created by that Right-of-V1ay Agreement filed for record in Book 892 of Deeds, Page 352. � IWNIE :S f�l ICY I ') D R L 1 �� �) ULC B Fi if�,M A LTA MJ� WNFRSI"I'V) M rRe' EXCLUSIONS FROM COVERAGr The (011OLNitiL Matters 'art: expressly exc I tuded front the coverage ofthis policy and the comparly wiii not pay loss Or dalulge. cos(s. attorneys' fees or expenses which arise by reason of. I (al Any Law. Ordinance or governmental regulation (inciatfilitt but not limited in building anti zurting laws, ordinances or regulations) restricting. regulating, prohibiting or relating to (i)th occ use, or enjoyment Of tile kind. (ii) the character. dimensions or location of any improvement now or h erected oil ilia land: (iii) it separation in ownership or a change to (lie dimensions or area of the land or any parcel or which ilia land is or was a part, or 6y1 environmemal protection, or the effect of any-violation of these laws. ordinances or governmental regulations. except to [lie extent th a notice of ilia enforcement thereof or a notice of a defect. lien or eMlnibraticc resulting from a vinialitill or alicued violation aft'ectin the land It:),-; been recorded in the public records at Date or Policy. (b) Any guvemro a if police power not excluded by tat above, except to tile extent that a notice of ilia exercise thereof or a notice of it defect. lien or encumbrance resulting from a violation or alleged violation affecting the land liall heart recorded in the public records it 15att: of Policy. Ri ofernincut domain unless n otice or the exercise thereorhas been recorded in the public records at Date of Policy. but not excluding from coverage any t w hich has occurred prior to Hate ol'Poliell which would be binding on the rMuS Q fa purchaser for Value without LnUkVlt!d1!r, 3, Defect& liens. encumbrances, adverse claim or other lrlliticrs ia) created. suffered, ussumed or agreed to by the insured claullaM till not known to tile Company, not recorded in ilia public records at Data of policy. but known to the insured claimant and not disclosed in writing to the Company by the insured elairnint prior to the date the insured claimant became all insured tinder this policy; 1c) resithirra in no loss or damage to the insured clailuaritz (d) attaching or created subsequent to Date ot'Policy; or (a) resulting in loss or damage which would not have been sustained in the insured claimant had paid value for illt estate or interest insured by this policy 4. Any claim which arises Out of ilia transaction vesting in tilt Insured ilia estate or interest by this policy. by reason of the operation of iederril bau4uptev. state insolvency, or similar ei rights laws. that is based On. ta) tile transaction creating, the estate or interest insured by this policy baulL deemed a fraudulent conveyance or traLldlikaru transfer: or (b) ilia transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transter results from (lie failure: (i) to timely record the instrument of transrer', or (ii) of such recordation to impart notice to a PUCIIUSdr far value or a judgment or lien creditor, CONDITIONS AND STIPULATIONS DFFINITIONS.0.1- TEMMS Tile following terrus when used in thii policy mean: f -, insuocd": the insured named in Schedule A. and, subject to any rights or defenses the company would It "a had against the named insured those who succeed to the interest of ilia named insured by operation orlaw as distinguished from Purchase includinit, but not limited to, hairs, distributes, devisees, survivors. personal representatives. next of kin, or corporate or fiduciary SLICCCSSUM (b) "insured claimant ": and insured claiming loss or damage. (c) "knowledge'" or "known " actual knowledge, not constructive knowledge o r n otice which may be imputed to gin insured by reason Of the public records as defined in this policy or any other records which impart constructive notice of matters aff'ect'ing ilia land. (d) "land'": tile land described or reterred to in Schedule A. and improvements affixed thereto which by law constitute real property. Tile term "land" does not include ;my property beyond the lines of the area described or referred to in Schedule A. nor any right, title, interest. estate or easement in aborting streets. roads, avenues, alleys. lanes, ways or waterways, but nothing herein shall modify or limit the extent to w hi c h a right ofaccess to and from the land 1 insured by this policy. (a) - tlmrtLW_,e - . morigage, deed of' trust, trust deed, or other security instrument. (1) • public records": records established under state statutes it Date or Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers ILir value and without knowledge. With respect to Section I (a)(iv) or the Exclusions From Coverage. "Public records shut] also include environmental protection liens in tile records of tile clerk of the United States district court for the district in which tile land is located, (6) "untrairkeinbility of tile title an alleged or apparent matter affecting ilia title to the land, not excluded or excepted froun coverage. which would entitle a PLItChIser of the estate or intere described in Schedule A or the insured morigag't to be released frorn the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title, 2. CON OF INSURANCE AMR CONVEYANCE Or TITLE The coverage of this Policy shall continue in force as of Date Of Policy in favor of an insured only so Iona as the insured retains in estate or interest in the land. or holds an indebtedness secured by a purchase money mortgage given by a purchaser from ilia insured, or only so Jong- as the insured shall have liability by reason of covenants or warranty made by the insured in any transfer conveyance of the estate or interest. This policy shall not continue in force in favor of' any purchaser front time insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a Purchase money rilarignue given to ilia insured. 1 NOTIC I OI < BY INSURED CLAIMANT The insured shall notify the CMTAPaqy promptly in writing (i) 1n case or any litiga tion is set forth in Section 4(a) below. iii) in case knowledge shall cattle to an insured hereunder of any claim of title or interest which is adverse to tile title 10 ill,: estate tit interest. as ireittred. and which might cause loss or damage for which the company may be liable by virtue of this policy, or (6) if title to (lie estate or interest, is insured. is rejected as unmarketable. It' prompt notice shall not be given to the company. then as to tile insured all liability of the Company shall terminate with regard to ilia matter or matters for which prompt notice is required: provided, however, that failure to notify the Company shall fit no case prejudice the rights *[' insured tinder this policy unless tilt-- Company shall be prejudiced by ilia failure and then only to the extent of the prejudice. 4. QErENSr AND PROSECUTION Or ACTIONS- DILITY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claira adverse to site fitic or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of tilt: insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable far and will not pay the fees of any other counsel. The Company will. not ply any roes, cost or expenses incurred by the insured in tile defense of ihose causes; of action which allege matters; not insured against by this policy. (b) The Company shall have the right. at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish th titl to th estate or interest, as insured, or to prevent or reduce loss or damage tit tile insured. The Company may take any appropriate action tinder the term of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or valve any Provision of this policy, Irthe Company shall exercise its rights Linder this Paragraph, it shall do so diligently, (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the company may pursue any litigation to final datentlination by a court of competent Jurisdiction and expressly reserves tilt right, in its sole discretion. to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to Prosecute or provide for ilia defense of any action or proceeding. the insured shall secure to the Company the right to so prosecute or provide defense in ilia action or proceeding, and all appeals therein, and permit the Company to use. at its Option. ilia name of ilia insured for this purpose. Whenever requested by the Company, the insured, at tile Company's expense, shall give time Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses. Prosecuting Or defending ilia action or proceeding . or affecting settlement, a iii) in anv other lawful act which I the opinion of the Company may be necessary or desirable to establish the title to titt estate or interest, as insured. If the Company is prejudiced by die failure of the insured tinder file policy shall terrairratc, including any liability or Obligation to defend, prosecute, or continue any litigation, with regard to the tatter or matters requiring such cooperation. 5, 1111()OPOF LOSS ORDAMAGE In addition to and arict the notice, required tinder Section 3 or these Conditions and Stipulations have been PrOVidCd the COLTIPUlly, it proof of toss or dalnip: signed an d swum a) b in-Slued claimant shall ascertain the facts Living rise to the loss or darnege. Tile proof' or loss or danuitte shall describe time defect in, or lien or enell"itir on the title, other matter insured against by this policy which constitutes time basis of loss or darvinge mind 511 suite, to the extent possible, the basis of calculating tile amount or file toss or darnage. it' tile Company is prejudiced by the raikird of the insured claimant to provide the required proof of loss or damage, the Company's obligations to time insure under the policy shall terminate. including any liability or obligation to defend. Prosecute. or continue any litigation, Nvith repril to tilt: matter or matters requiring such proofor loss or damage. In addition, the insure claimant may reasonably be required in submit to examination Linder until by an authorized representative Ili' the Company and -slial produce for examination, inspection and copying, at such reasonable throes and Places as inay be designated by any authorized representative tit' the Company, all records. books. ledgers, checks, correspondence and memoranda. whether bearing a dale before or after Mue of Policy. which reasonably pertain to file loss or damage. Further, if n requested by arty authorized representative of the Company, all records. boulis. ledgers. checks. correspondence afid memoranda, whether bearing a date before or after Date or Policv, which reasonably pertain to tile loss or damage. Further. if requested by an authorized representative or the Company site insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine. inspect and copy all record books, ledgers, checks. correspondence and olernoran i ti custody or control of a third party. which reasonably pertain to the loss or damage. All infornintion designated as confidential by the insured claimant provided to tic Company pursuant to this Section shall not be disclosed to others unless. in the reasonable judgment of time Company, it is necessary in tile administration offlic clairo. Failure of the insured claimant to submit rar examination Linder 011h, product other reasonably requested infarroution or grant permission to secure reasonably necessary intunnation from third parties as required in this paragraph shall terminate any liability of the Company under this policy is to 111-11 clailm 6, OPTIONS TO P,l, Y OR OTHERWISE SETTLE TFIUMUSIATION OF LIABILITY Ill Case O r a C l a i n , un this policy. the Colopitiv shall have the following, additional options: ( Tit Pav,orTender Payment if fill! -knoituat or insurance (it To pay or tender payment of tile amount or insurance Linder this policy n with any costs, attorneys' Fees and expenses Incurred by the insured claimant. ; wh jell were authorized by tile COMPany. Lip 10 the tune or payment or tender of payment and which were authorized by the Company, up to the time of payment or tender orpayinent and which the Company is obligated to pay. (ii) Upon the exercise by the C om p any of this option, ail liability and obligations to time i nsure d under this p o th e r than to make the p required. .,hill terminate, including any liability or obligation to defend. prosecute, or continue any litigation an d the p s h a ll be surrendered to the Company for cancellation, To Pay or Otherwise Settle With Parties Other than the Insured or with tile Insured Claimant (i) to pay or ofliterwise settle with other parties for or in the name of an insured claimant any claim insured against tinder this policy, t with any costs, at tees and expenses incurred by the insure claimant which w authorized by the C ompany Lip to the li of pa and which the Company tip to the time of payment -, which the Company is obligated to pay; or (ii) to pa or otherwise settle with the insured claimant the loss or damage provided for tinder this policy, together with any costs, a tt o rne y s' Fees and expenses incurred by tile insured claimant w hi c h were authorized by tile Company tip t th fi r ne of payment and which tile company is obligated to pay. Upon tie exercise by the Company or either of the options provided for in paragraphs b(i) or (ii), the Conipany*s obligations to tile insured tinder this policy for the claimed loss or damage, other than fi pa required to be made. shall terminate, including any liability or obligation to defend. Prosecute Or Continue any litigation. 7, r)r.TrR1iINATl0N. F\TENT OF I.lABIIITY -ANDCOIN-SURANCE This policy is a contract of indemnity against actual monetary loss tit ciancu- sustained or incurred by tile insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) Tile liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated I Schedule A: or. (ii) the difference between the va l u e of the insured estate or interest as insured and time Value Of the insured estate or interest subject to the defect, lien or encunibranec insured against by this Policy. (b) in time event the Amount of Insurance stated in Selledule A at (lie Date Or Policy is less than SO percent or the value of the insured estate or interest or the I'll[] consideration paid for Oil: land, whichever is less. Or if subsequent it) the Dateol'Policy an improvement is erected on tite hind which increases tile. value Of the insured estate or interest by at least 20 percent over the Antolini Or Insurance stated in Schedule A. then this Policy is subject it) the following: (it where no subsequent improvement has been made, as to any Partial loss. the Company shall only pay time loss pro rata in the proportion that time nolOUnt of insurance at Date of Policy bears it) the total value or the insured estate or interest at Date of Policy'. or (ii) where a subsequent improvrineril has been made, is to Inv partial I the Company shall only pay time loss pro rata in the proportion that 120 percent or the Amount of Insurance stated in Schedule A bear to the suns of time Amount of Insurance stated in Schedule A and the amount expended for time torprovement. The provisions of this paragraph shall not apply in costs, attorneys' fees and expenses for which the Cumpany is liable tinder this policy, and shall only apply to flint portion of any loss which exceeds, in 'lie aggregate. It) percent or the Amount of Insurance stated in Schedule A. (v) The Company will pay only those enStS, attorneys tees and expenses incurred ill accordance with Section 4 of these Conditions and Stipulations. S. APPORTIONMENT Irthe land described in Schedule A consisis or two or more parcels which are not used as a single site, and a loss is established affecting one or more offlic: parcels but not A the loss shall be Computed and settled on a pro rata basis is if the amount of insurance tinder this policy was divided pro mra as to the value on Date of Policy o r eac se p to the whole. exclusive of any improvements made subse- quent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at file little of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY tat if the Company establishes time title, or removes the alleged defect, lien or encumbrance. or cures the lack of right of access to or from the land. Or cures time e1zlirn of unmarkciab0hy or title. all as insured, in .1 reasonably diligent manner by any method. including litigation and tile completion of any appeals therefrom. it shall have fully performed its obligations with respect to that matter and Shall not be liable for any less or damage caused thereby (b) in the event of any litiation, including litigation by the Company or with tile Corollary's consent, the Company shalt have no liability for loss or damage until there his been a final determination by a court of conipcient jurisdiction. and disposition of all appeals therefrom. adverse to the title, as insured, (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claho or suit without the prior written consent of the Company. 10. REOUCTION 01 . INSURANCE. REDUCTION OR TEMNi Or LIABILITY All payliattrits Linder this policy, except payments made for costs, attorneys' fees and expenses, shall reduce tile amount or the insurance pro tanto. 11. 'I,IABa,t"rYN01NCUNIUI,,\TIYE It is expressly understood that the amount of insurance tinder this policy shall be reduced by any amount the Company inay pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed-. 1 & iakcn subject. or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A. and the amount'io paid shall be deemed a payment tinder this policv to time insured owner, 12. PAYMENT OF LOSS (a) No payment shall be made without producing this poliev for endorsement of the payment unless the policy has been lost or destroyed. in which case prooroflo-'s or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage his been definitely fixed in .accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13, SL1mzo( IJPON PAN"MrMTOR SETTLEMENT ta) The conipally's Right ofStillrogati(L". Wi lcoev e j - th Co shall hate settled and paid a claim under this Policy, all ro-d it of subrogation "hall vest in the Company unaffected by tiny act of the insured claimant. The Company shall be Sl&%Mfed to and he entitled to all rights and remedies which tire insured citifillarit would bare had against any person Or property in respect ,J) the elaity, WOUILI have had against any person or property in respect to file clairn had this policy not been kiLlcd. If reqttusted by ill,! Company fit,! insured claimant shall transfer at the Company all rights and remedies against any person or property neveNsary to Order it) perfect this right of subrogation. Tire insured claimant shift permit the company to site. compromise or ticule ill the name Of tile insured claimant and lo use the narlic of the insured claimant in any transaction or litigation involving these rights or remedies. If a Payment on account ot'a claim dries not fully cover the loss of the insured claimant. the Company shall he sohrogated in these rights and remedies in the Proportion Nvilich file Company's payment hears to tilt! whole 11olourit or tile loss. If loss should result fl - 0111 any act of fie insured claimant. as stated above. that act shall not void this policy. but file Company, in that event. shall be required to pay only That part of tiny losses insured against by this policy which shall exceed the amount, it' any, lost to the Company by reason of the impairment by the insored claimant of the Company" right i b) 'fire Cnmnanv's A!!nhiM Non - Insured Oblirmrs. Tilt: Company's right ofstibroption against non-insured obligors shall exist and N11311 inCIULIC. WithOU!, Iiolif,'160n, the riUbtS of tire ingired to indemnities. mcirannes. other Policies Of instlrancc or hands. notwithsizindine. any terms or conditions contained in dime instruments which provide for subrogation rights by reason of this Pokey. 14. ARBITR,.1TI0N Unt;ss Prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title: Irainrtolce Arbitration Roles of the American Arbitration Association. Arbitrable matters may include. but are not limited to, any controycrsy Or claim between the Company and the insured irising out of or relating tot his policy. any service of the Company in connection with its issuance or file breach elf policy provision Or other obligation. All arbitrable matters, when the 01, CA O IQ Ili lv tea Amount of Insurance is S1,000010 or lest; shall be arbitrated at the Option ofcither file Company or the insisted. All arbitrable matters when file AMOUnt of IaSortlnCe is in oycvs,% of S 1.000.011f) shall be arbitrated ordy when aureed to by both file Company and the iliNto Arbitration pursuaint it) this Policy and under the Rules ill effect oil tire date tire demand tOr arbitration is made or, at Elie option of the insto'cl.l. the Rule in effect to Date of Policy -.;hall be binding upon the parties. The award may include attorneys' tees only if the laiv of the state it) which the land is located Permit a court It) :MV0rd attornevs tees to it prevailing pori%% Judgment upon the award rendered by the Arbiumiurl 5) may be entered in any court having jurisdiction thereof, The law of the situs Of file land shall apply it) in arbitration tinder the Title Insurance Arbitration Ruic!;, A copy of flit Rules may be ollunned rrom the Company upon Request. 13. LIABILITY LIMITED TO TH IS POLICY: POLICY VNT 111 L CONTRACT (a) This policy together with all eador. if' any attached herein by the Company is the entire policy and contract between the insurer told tire Company is the entire policy and contract between the insured and the Company. In interpreting tiny provision of ibis policy, this policy shall be construed as a whole, Ili) Any claim of loss or damage, whether Or not based on negligence. and which arises Out Of the status Of the title to the estate or intere covered hereby or by any action asserting such ciaim, shift be restricted to this policy. IL:) No amendment tit' or endorsement: to this policy can be mad,- except by a writing endorsed hereon or attached hereto skilled by either tilt! President, a Vice President, the Secretary. an Assistant Secretary. or vulidating officer or at"horized signatory 0011c Company. 16, SQ'FRABILITY In the event any provision Of fite policy is held invalid or urictil"Irectible under applicable law, the policy sh;ill be deemed not it) include that provision and all Other provisions shall remain in full force and ell 17. NOTICM NVHFRF SrNT All notices required to be given the Company and any smucrocrit in writing, required tobe finnished the Company shall include the number ofthis policy Ind shall be addressed to the Company at Fidelity National Title hisurtince Company, Claims Department, P.0, Box 45023. Jacksonville. Florida 32232-5023. I JV—W 4-1 O II Con'f i rmat i on Report- Memo ry Send Time 06-19-06 04:55pm Tel line 1 6512238019 Name KELLY AND FAWCETT Job number 093 Date 06-19 04:53pm To : 6512492059 Document Pages 08 Start time 06-19 04:53pm End time 06-19 04:55pm Pages sent 08 Job number 093 SEND SUCCESSFUL P--A— �, 3F,A-:%C 1cpx-g-fe- —ST4 .-Ize X- rh.*s-&,C'Tjt"j(a .2 fro inrcncfaa 9he use or trrluz -0,jac, z?f rl-4s x Ssrjg.e Ts "c>r jnr&n ,j 1 ),," , a,y-e,d rhix i---ai,2TCIv ne>rtI5, "X by ralqphorsa. -rc>: J 444 C SrrA.�V-r- ST,;rrV =350 S... x '101 'r RPSJONE 651-224-5791 vRCSIMIT-E 651-22:-9019 Form No, «7.141- QUIT CLAIM DEED Minnesota Uniform Conveyancing Blanks (197 IndiviJual(s) to hidividuall(s) No delinquent taxes and transfer entered: Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Valum-Wo--i AND By: to] STATE DEED TAX DUE HEREON: Date: — A ux Ir 194V T) C�. l" d il -� �Aocument No. E Cif liVJN.NrSbTAjSS F Ti COUWY RECORDER mr docu, ent n nk'; cf';c--e or 'z P Count , Recorder (reserved for recording data) FOR VALUABLE CONSIDERATION, EVELYN C. WALLACE, formerly known as Evelyn Catherine Kayser, and ROBERT WALLACE, wife and husband, Grantors, hereby convey and quitclaim to NANCY MARCHETTI, WILLIAM M. KAYSER and MARY JEANNE KAYSER, Grantees, real property in Ramsey County, Minnesota, described as follows: See Exhibit A attached hereto and made a part hereof. (if more sluice is needed, continue on back) together with all hereditainclitts and appurtenances belonging thereto. W e k 4 7'1LA V 7 qtt ' r r {ek ;-( left '7'-14A '! Zt I ' /Y &, e P4 txr b I'll` 111 AVe // 0, y inely k. C s Affix Deed Tax Stamp Here Gt+4E,1yuC 'the ne Y" Robert Wallace STATE OF WVZXIIJ._...- S5' COUNTY OF N tt The foregoing instrument was acknowledged before me this day of A j 1995, by EVELYN C. WALLACE, formerly known as Evelyn Catherine Kayser, and ROBERT WALLACE, wit l and husband, Grantors, NOTARIAL STANIP OR SEAL (OR OTHER T17171-13 OR RANK) OFFICItU. SEAL LINDA FISCHER NobtyPublic- SlitlaolAriva MARICOPA COUNTY MY COMM. EXPUCSAW. a, IWQ THIS INSTRUMENT WAS DRAFTED BY: LARKIN, HOFFMAN, DALY & LINDGREN, LTD. 1500 NORWEST FINANCIAL CENTER 7900 XERXES AVEN SOUTH BLOOMINGTO'N, MINNESOTA 55431 (612) $35-3800 SIGNATURE Or PERSON TAKING \CK O)NLEDGMENT hly Carrirnis;lon Expires: � �L Tax Statements tor ilia real property described in this instrument should tic scrit to (include name and address lifarantct). L Ile 0 7�iv E X Li I nz EXHIBIT A Legal Description' jUjofdjcE If2ordicNW 1/ 1 / 4 .cxccl )10 ' cW 1/20 1120"'cE 1/2 or U,cNW III or the NE IM, and except U)c north'IMIJO rcdt tI":rckir(uIj lying and being in Section 13, Township 28 Nortli, R=gc 22 West, Runiscy Cul"ItY, MiluzcsOtu) TOGETIOZ WITI I: c E 112 o f Ll NW 114 of Oic NI; jj�j o r Section Ujowuship 23 Norili, 'Ilia S 1/2 of Uic W V2 ON- W 112 ol'Ui Riulge 22 West. TOG EIIIER WM I: 'llit: S 112 of the W 1/2 of ilia NW 114 or the 2I• 1/4 of Section 13, Township 28 Noril, Range 22 West,, Ramsey County, lytiluicsolu, except the fullowing: 22 West,, RmnscY CulmtY, miluicsoUl" AND The north 10.00 rQct o r th west 1 U "00 feet of the s 112 of the SW III oftlic NW if of Uta NE' Il'I, Section 13, TowjisI4 2814ortli. Runge n West., Ramsey County, Mimlemla. KuF_PPEP,s, HACKIEL & KuEPPEP, s, P. A. ATTORNEYS AT LAW SUITE 800 101 EAST FIFTH STREET SAINT PAUL, MINNESOTA 55101 (651) 228-1104 FRED A. IMEPPERS, JR. FAX (651) 297-6599 JOAN M. TUCnEL JOSEPH F. RUEPPERS July 10, 2006 Kelly & Fawcett, P.A. Attorneys at law ATTN: Chad D. Lemmons 444 Cedar Street Suite 2350 St. Paul, MN 55101 Re: Our File No. 13296 Dear Mr. Lemmons: In your written inquiry which you sent to us today, you ask our opinion as to whether or not any of the following additions to a signed but unrecorded deed constitute fraud: I C, I Correcting the State Deed Tax amount shown on the Deed to properly reflect the State deed tax actually due tinder Minn. Stat. 287.21 at the time of recording. 2. If the minimum state deed tax is set forth on the deed, adding the following lan- guage "consideration for this transfer is less than $500.00." 3. Addina +iestnteir.ent"t qt seller not f o a l d ny wel -)n tho esciber d pop- �� I th ll d t j erty, " whether said statement is or is not required by Minn. Stat. 1031.235. We have assumed that each of the actions represents true and not misleading facts. If such is the case, none of the additions or alterations to the deed constitute fraud. Black's Law Dictionar defines fraud as being an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing or to surrender a legal right; a false representation of a matter of fact which deceives and is intended to deceive another so that he shall act upon it to his legal injury. E XH IBI T Kelly & Fawcett, P.A. July 10, 2006 Page Two An essential element of fraud, among others, is that another person is in fact reasonably induced to act upon an erroneous representation, and having relied upon it, suffers damage attributable to the misrepresentation. See 22 Dunn e I Digest 4th Ed. 1994, p, 305. The actions described above do not provide evidence of fraud. In our years of experience in the closing of residential and commercial real estate transactions, we have observed that it is common practice for agents of the title company which is handling the closing, to insert wording appropriate to the deed but omitted by the drafter, and to interline corrections which are not intended to and in fact do not alter the intended purpose of the parties who signed the deed. This is done as a convenience to the parties to the transaction and in an effort to facilitate and give effect to the intent of the parties, all without effect of altering their intent or expectations. This is sometimes called "the correction of clerical errors" and is a widely used and widely accepted practice. Please let us know if the above is not fully responsive to your inquiry. Very truly yours, KUEPPFkS, HACKEL & KUEPPERS, P.A By- FAKjr/pmt Chicago Title Insurance Company OWNERS POLICY r);:cirr_ Pji P Ni mmrp POLICY NUMBER DATE OF POLICY AMOUNT OF INSURANCE 20426 PROFO Date of Recording 1,150,000.00 at Time of Recording V �Ie 1. Name of Insured: Woodhill LLC 2. The estate or interest in the land which is covered by this policy is: Fee Simple 3. Title to the estate or interest in the land is vested in the insured. 4. The land herein described is encumbered by the following mortgage or trust deed, and assignments: Mortgagedated filed , filed as Document No, executed by Woodhill LLC, as mortgagor, to Lakeland Construction Finance, LLC its successors and assigns, as mortgagee, in the original principal amount of $1,735,000.00. and the mortgages or trust deeds, if any, shown in Schedule B hereof. 5. The land referred to in this policy is described as follows: The North One-half (N. Yz) of the West One-half (W. Y2) of the Northwest One-quarter (N.W. 114) of the Northeast One-quarter (N.E, 114) of Section Thirteen (13), Township Twenty-eight North (T, 28 N), Range Twenty-two West (R. 22 W), according to the U. S. Government survey thereof; and the North One-half (N. 1 /_-) of the West One-half (W, 1 /2) of the West One-half (W. YS) of the East One-half (E. 1 /2) of the Northwest One-quarter (N.W. 114) of the Northeast One-quarter (N.E. 114) of Section Thirteen (13), Township Twenty-eight North (T, 28 N), Range Twenty-two West (R. 22 W), according to the U. S. Government Survey thereof. SCHEDULE A - PROFORMA Ramsey County, Minnesota Abstract Property ALT A Owner's Schedule A (10117192) This Policy valid only if Schedule 8 Is attached. J' (20426,pfd120426158) .4 * EEX �l B I T Chicago Title Insurance Company OWNERS POLICY SCHEDULEB EXCEPTIONS FROM COVERAGE Office File No. 20426 This policy does not insure against loss or damage (and the Company will not pay costs^cttonneys' fees or expenses) which arise by reason of: i A�RocHe�a��xeapayab|einthesaoondheKcf ' Property identification No. 13-28-22-12-OO1O 8' Levied assessments ofrecord. Project Principal Balance Due 1. Water Tower $2,103.59 2. Street/Utility $5.332.00 NOTE: There are no pending assessments of record. C "�j �.rred Ass s�m 2� Rights or claims of tenants, astenants only, in possession under unrecorded leases. 2 Easement for pipe line, \n� <3 moro�naatLakesFqpaL|neCmm wDe�wareoorporo�on`mocreated � n document filed March 31. 1931,in Book 8D2nfDeeds, Page 352. Conveyed oo»�y� - �N dated K4arohi6,1&GG.�|odAph|6^19GG.aoDoounnon o. 1G72878in Book 2O18RCR. Page E75 . 4 � d �N executed KAodgmgodobad [p /�~ ~ 0|�d as m' 'n| ma ' Lakeland �ucUonFinanoe.LLCitasuccess�roan�ao g . � -' '�----�-� ' mortgagor, �unto[�SO0OOO� mo��agae.indheor�ine| principal orn . . , 5. Encroachments, ovedaps.boundary line disputes, and any other me#enawh�hv�ou\dbe disclosed by an accurate survey and inspection of the premises. by claims ofnes nnen�ano��hownby�hepv�|icPeva^d� G� Easements orumnnn � . 0 h 0 � ispnzh�nnopo|�yreUeuimasba0meofrecomfwhiohimmnb�pat*dtuex�datMmeofiaouonoeanddoes LreNo*t theprauon(nynordUe. CHICAGO TITLE INSURANCE COMPANY OWNERS POLICY SCHEDULE B (continued) Office File No. 20426 Policy Number. PROFORMA Issuing Agent* Commercial Partners Title, LLQ 200 South 6th Street, Suite 13 0 Minnmolls, KIN 55402 (612)337-2470 Countersigned ALTA Ownei'sll-easeho;d Owner's (20426.pfd/2D426168) Schedule B 04[17192) ENDORSEMENT Attached to Policy No PROFORMA Issued by Chicago Title Insurance Company FileNumber*2042O The Company insures the insured against loss or damage sustained by reason of: 1. The existence, sd Date of Policy, of any of the following unless expressly excepted in Schedule B: (a) Present violations on the land of any enforceable covenants, conditions or restrictions, ororplat building lines; _ (h) Any instrument referred to in schedule B as specifically containing covenants, conditions or restrictions on the land which, in addition, (I) establish an easement on the land', (5) provides for eiLher2|ienfon|iquidateddemegas.a|evyofphvahachergeVramaeaannent(iii)onopbontopunuhase or prior approval ofa future purchaser oroccupant; (c) Any encroachment of existing improvements located on the land onto adjoining land, many encroachment onto the land o[ existing improvements located on adjoining land. (d) Any encroachment of existing improvements located on the land onto that portion of the land subject ho any easement excepted in Schedule u. 1 The existence, at Date of Policy, of any covenants, conditions o, restrictions under which the title insured |o Schedule A can bedivested. 3. Any final court order or judgment denylngthahghttumeintainenyexiaUnQimprovementsonthe|and because of any violation of covenants, conditions or restrictions or building setback lines shown on a plat of subdivision recorded or filed in the public records, or because of any encroachment thereof onto adjoining land. Wherever in this endorsement the words ^comanantm. conditions nrnastrio}io a" appear, they shall not be deemed to refer to or include the terms, covenants, conditions or limitations contained in any lease, any instrument creating an easement or any declaration of condominium, referred to in Schedule A. This endorsement is made a part of the policy and is subject to all of the terms and provisions 'thereof and any prior endorsements thereto. Except to the extent expressly stated, it neither modifies any of the terms and provisions of the policy and any prior endorsements, nor does it extend the effective date of the policy and any prior endorsements, nor does it increase the face amount thereof. Issuing Agent. Commercial Partners Title, LLC 2O0 South 6th Street, Suite 138O Minneapolis, K8N564Q2 (612)337'2470 Countersigned: ~/ This endorsement shall not be valid or binding until signed by an authorized signolory� owners Comprehensive Endorsement (20426.pfd/20426161) END61RSEIVIENT No. 2 Attached to and forming a part of Owner's Policy No- PROFORMA Issued by Chicago Title Insurance Company File Number. 20426 TAX PARCEL ENDORSEMENT The Company hereby insures the insured against loss or damage by reason of any inaccuracy in the following assurance: The land referred to an Schedule A herein is completely covered by tax identification number 13-28-22-12-0010. Said tax identification number does not include any other property. This endorsement is made a part of the commitment or policy, it is subject to all of the terms of the commitment or policy and prior endorsements. Except as expressly stated on this endorsement, the terms, dates and amounts of the commitment or policy and prior endorsements are not changed. issuing Agent: Commercial Partners Title, LLC 200 South 6th Street Suite 1300 Minneapolis, MN 55402 (612)337-2470 Countersigned: Authorized Signatory This endorsement shall not be valid or binding (204265.Pfd120426163) until signed by an authorized signattory. I L � LMAII �ND L C) Mailand r Vista Hills 7 Park Park TEAK W 0 0 D cr-- 3: 0 Gj TEAKWOOD DR. CT. OAKRIDGE DR, ca HILLWOOD z CC 9 -5 0 1 D C AY . BATTLE CREEK CIR. P GOLF 0 COURSE 1. CRESTVIEW >< FOREST ::j DR. 2. DEER RIDGE 0 LIB. N 1 plow C cr_ ZD Uj 0 w Hl ry rr D LINWOOD AVE. L AVE. LINW'O � Z C � n 'f) A PROMONTOR A CT. y z ' zo 11 �' Ap r1ewood 0 Park P RED 0� PROJECT SPLEN LOCATION TIMBER WHITE 0A{< � CIR. TIMBER TR. LER DR. 'BE:R CT. CIR. Cn P CT DR 2 V ALLEY 3 VALLEY EY VI EW AVE. VIEW 3- 11-� I 2. HIGHWOOD V) Cn A 1 -J MA V) F < cn A41 j - PI 0 MAMIE '4 Q AVE. c 0 LJ z Uj LL z NEMITZ - 5; U,2, 4 z ST. OQ AVE, NEMITZ � En F M-H CIR. \)iA no scale Location Map Dahl Avenue, Street and Utility Improvements for Woodhill Development C.P. 05-10 CITY OF MAPLEWOOD Ramsey County, Minnesota Development Agreement for Woodhill Development City Project Qom" ras -'3-5 em, �- THIS AGREEMENT, made this 5 day oft 2005, between the City of Maplewood, a Minnesota municipal corporation, acting by and through its mayor and city manager, herein called the CITY and Nedegaard Custom Homes, herein called the DEVELOPER. IN CONSIDERATION of the following mutual agreements and covenants, the parties hereby agree as follows: 1. In consideration of the CITY accepting the Woodhill development, legally described as Lots I through 6, Block 1 and Lots I through 9, Block 2 Woodhill of Maplewood, the DEVELOPER shall provide all internal improvements and shall be considered private utilities and/or improvements and shall be maintained by the DEVELOPER or his assign. The exception to the private improvements is the construction of Dahl Avenue and the associated sanitary sewer, water main and storm drainage improvements as detailed in the Feasibility Study and Report for Dahl Avenue Street and Utility Improvements, City Project 05-10, dated April 2005. The DEVELOPER 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. 2. The DEVELOPER agrees to perform the work required for the construction of the retaining walls and the earthwork/grading required for the construction of E X H 18 1 T in the basins, scarifying the bottom of the basins, and placing the bbdding material, mulch and plantings. A $50,000 Cash escrow or letter of credit shall be established to secure these improvements. 7. The Developer shall reimburse any costs incurred by the City for engineering, legal, and administrative services, associated with the project. A $2,500 cash escrow shall be established for these services. This escrow shall consist of either a certified check or cash deposit. This escrow is in addition to the previous escrow posted by the DEVELOPER. Any unspent escrow will be returned once the project is complete. 8. The DEVELOPER agrees to waive the right to appeal the proposed assessments for the Dahl Avenue Improvements, City Project 05-10, as detailed in the Feasibility Study and Report. The total amount of the proposed assessments to the DEVELOPER for these improvements has been estimated at $562,340. 9. The DEVELOPER agrees to dedicate the right-of-way for Dahl Avenue to the CITY as detailed in the final plat for Woodhill. This dedication shall be provided at no cost to the CITY. 10. The DEVELOPER agrees to dedicate Outlot A and Outlot B, as shown on the final plat for Woodhill, to the CITY for public drainage and utility purposes. This dedication shall be provided at no cost to the CITY. 11. The DEVELOPER agrees to dedicate, at no cost to the CITY, 50-foot wide public drainage and utility easements along all watermain, sanitary sewer and storm sewer between Dahl Avenue and Linwood Avenue. 12. The DEVELOPER agrees to grant a right-of-entry to the CITY to access private property within Woodhill as needed to construct the improvements included as a part of the Dahl Avenue Improvements, City Project 05-10, as K CITY or engineer as defective or unsuitable, then such rejected material shall be removed and replaced with approved material to the satisfaction and approval of the CITY or engineer and at the sole cost and expense of the DEVELOPER. 17. After completion of any private work required by the DEVELOPER within public right-of-way or easements, the City engineer or the City engineer's designated representative and a representative of the DEVELOPER's engineer will make a final inspection of the work. This provision shall apply only to work within public right-of-way or easements, The City engineer will not inspect or warrant any private work conducted by the contractor or contractors hired by the DEVELOPER. 18. It is further agreed, anything to the contrary herein notwithstanding, that the City of Maplewood City Council and its agents or employees shall not be personally liable or responsible in any manner to the DEVELOPER, the DEVELOPER's contractor or subcontractor, material suppliers, laborers or 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 all such claims, demands, damages, actions or causes of action or the costs disbursements and expenses of defending the same, specifically including, without intending to limit the categories of said costs, cost and expenses for CITY administrative time and labor, costs of consulting engineering services, and costs of legal services rendered in connection with the defending such claims as may be brought against the CITY. It is further agreed that the DEVELOPER will furnish the City of 5 SIGNATURES FOR NEDEGAARD CUSTOM HOMES. INC.: TITLE TITLE Custom Homes BY BY STATE OF MINNESOTA COUNTY OF RAMSEY T e foregoing instrument was acknowledged before me this day of zLez��e� 2005, by j='_� of the Developer. �.Notary P b_Ii JUDITH A. WEGWERTH Notary Public-Minnesota ires Jan 31, 2010 M c Exp SIGNATURES CITY OF MAPLEWOOD: Robert J. Cardinal, Mayor w `-Richard F. Fursman, City Manager STATE OF MINNESOTA ss. COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of 2005, by Robert J. Cardinal and Richard F. Fursman of the City of Maplewood, a municipal corporation. ROBERTA L. UARST ES NOTARY PUB LIC - MINN : OTA MY COMMISSION E J AN. 31, 2 0 0 1 P Notary Public EXP J 1 0 0 7 2. 9:15 p.m. Woodhill Subdivision (2516 Linwood Avenue) Conditional Use Permit for Planned Unit Development Preliminary Plat Zoning Map Change (F to R-1) a. City Manager Fursman presented the report. b. Associate Planner Roberts presented specifics from the report. C. Commissioner Dierich presented the Planning Commission Report. d. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: Bruce Nedegaard, representing Nedegaard Custom Homes Mary Dierich, speaking as a private concerned citizen e. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving a conditional use permit fora planned unit development for the 15-unit Woodhill development on the south side of Linwood Avenue: WHEREAS, Mr. Bruce Nedegaard applied for a conditional use permit (CUP) for the Woodhill residential planned unit development (PUD). WHEREAS, this permit applies to the 15-lot Woodhill development the city received on January 2, 2004. The legal description is: The North one-half of the West one-half of the NW 1 /4of the NE Y4 of Section, Township 28, Range 22, according to the US Government Survey thereof and The North one-half of the West one-half of the West one-half of the East one-half of the NW % of the NE % of Section 13, Township 28, Range 22, according to the US Government Survey thereof, in Section 13, Township 28, Range 22, Ramsey County, Minnesota, (The property to be known as Lots 1-6, Block I and Lots 1-9, Block 2 of Woodhill) WHEREAS, the history of this conditional use permit is as follows: 0 1. All construction shall follow the plans approved by the city. The city council may approve major changes to the plans. The Director of Community Development may approve minor changes to the plans. Such changes shall include: a. Revising the grading and site plans to show: (1) The developer minimizing the loss or removal of natural vegetation including keeping and protecting as many of the trees as possible. (2) Revised storm water pond locations and storm water system designs as suggested or re ' quired by the watershed district or city engineer. The ponds shall meet the city's design standards. 2. The proposed construction of the plat must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year, I Have the city engineer approve final construction and engineering plans. These plans shall meet all the conditions and changes noted in the city engineer's memo dated January 22, 2004. 2. The approved setbacks for the principal structures in the Woodhill development shall be: a. Front-yard setback (from a public street right-of-way): minimum - 20 feet, maximum — 45 ) feet b. Front-yard setback (public side street right-of-way): minimum - 20 feet, maximum - none c. Rear-yard setback: 30 feet from any adjacent residential property line b. Side-yard setback: minimum - 10 feet from a property line and 20 feet minimum between buildings. 5. The developer or contractor shall: a. Complete all grading for the site drainage and the ponds, install all retaining walls as required and any other site improvements required by the city engineer and meet all city requirements. b. Place temporary orange safety fencing and signs at the grading limits. C. Remove the house, any debris or junk from the site. 11 remove septic systems or drainfields, subject to Minnesota rules and guidelines, k. Complete all curb on Linwood Avenue on the north side of the site. This is to replace the existing driveways on Linwood Avenue, and restore and sod the boulevards. 2.* Have the city engineer approve final construction and engineering plans. These plans shall include grading, utility, drainage, erosion control, tree, and street plans. The plans shall meet all the conditions and changes listed in the memo dated January 22, 2004, and shall meet the following conditions: a. The erosion control plans shall be consistent with the city code and shall be extremely detailed to the satisfaction of the city engineer. b. The grading plan shall show: (1) The proposed building pad elevation and contour information for each home site. The lot lines on this plan shall follow the approved preliminary plat. (2) Contour information for all the land that the construction will disturb. (3) House pads that: a. Reduce the grading on sites where the developer can save large trees. This shall include following the project plans submitted to the city on February 12, 2004. The house pad locations on Lots 5, 6, 7 and 8, Block 2 shall meet the approved development setback requirements to more closely match the other house setbacks and orientation on the street. b. Meet the 100 -foot setback from the pipelines for Lot 6, Block 1 and Lot 1, Block 2. (4) The proposed street and driveway grades as allowed by the city engineer. (5) All proposed slopes on the construction plans. The city engineer shall approve the plans, specifications and management practices for any slopes steeper than 3 :1. On slopes steeper than 3:1, the developer shall prepare and implement a stabilization and planting plan. At a minimum, the slopes shall be protected with wood-fiber blanket, be seeded with a no-maintenance vegetation and be stabilized before the city approves the final plat. 13 (6) The coordination of the water main alignments and sizing with the standards and requirements of the Saint Paul Regional Water Services (SPRWS). (t) All utility excavations located within the proposed right-of-ways or within easements. The developer shall acquire easements for all utilities that would be outside the - project area. (8) The plan and profiles of the proposed utilities. (9) A detail of any ponds, the pond outlets and the rainwater gardens. The contractor shall protect the outlets to prevent erosion. (10) The cul-de-sac with a minimum pavement radius of at least 42 feet. 0 1) Label Linwood Avenue and the new street as Dahl Avenue on all construction and project plans. d. The drainage plan shall ensure that there is no increase in the rate of storm water run-off leaving the site above the current (p redevelopment) levels. The developer's engineer shall: ( Verify inlet and pipe capacities. (2) Submit drainage design . calculations. e. A landscape plan for the areas along the street, including the rainwater gardens and the cul-de-sac island. The coniferous trees shall be at least six feet tall and any deciduous trees shall be at least 2Y2 inches in diameter. 3. Change the plat as follows: a. Add drainage and utility easements as required by the city engineer. b. Show drainage and utility easements along 211 property lines on the final plat. These easements shall be ten feet wide along the front and rear property lines and five feet wide along the side property lines, c. Label any common areas as outlets. d. Label the new street as Dahl Avenue on all plans. e. As may be necessary to ensure that houses on Lot 6,- Block 1 and Lot 1, Block 2 would be at least 100 feet from the pipelines. 15 d. A covenant or association documents that addresses the proper installation, maintenance and replacement of the retaining walls. e. Deeds transferring the ownership of Outlots A and 6 to the city. The city will accept ownership of these outlots in lieu of charging PAC (park access charges) with the building permits. f, All wetland and wetland buffer easements. The applicant shall submit the language for these dedications and restrictions to the city for approval before. recording. 9. Obtain a permit from the Ramsey-Washington Metro Watershed District for grading. 10. Obtain a NPDES construction permit from the Minnesota Pollution Control Agency (MPCA), 11. Submit to city staff a copy of the written permission from the pipeline company for any grading or construction within the pipeline easement. 12. The property owner shall submit a petition to the city requesting the installation of the public improvements. 13, If the developer decides to final plat part of the preliminary plat, the director of community development may waive any conditions that do not apply to the final plat. *The developer must complete these Conditions before the city issues a grading permit or approves the final plat. Seconded by Councilmember Rossbach Ayes-All Councilmember Koppen moved to adopt the following zoning map change resolution from F ffarm Residence) to R-1 (single Dwelling Residential) fo the proposed Woodhill plat on the south side of Linwood -Avenue; WA p • q KNAAK & KANTRUD, P.A. Agenda Item N2 Attorneys at Law Frederic W. Knaak" H. Alan Kantrud' * Grea T. Kryzer** *Also Licensed ill Wisconsin & Colorado "Qualified neutral under Ride 114 of the Minnesota General Rides. of Practice 3500 Willow Lake Blvd,, Suite 800 Vadnais Heights, MN 551 Telephone: (651) 490-9078 Facsimile: (651) 490-1580 MEMORANDUM Of Counsel Donald W. Kohler Joseph B. Marshall Thomas M. Dailey, P.A. Theodore M. "Ted" Thompson DATE: 19 OCTOBER 2006 TO: MAPLEWOOD CITY MANGAGER, GREG COPELAND FROM: CITY ATTORNEY, H. ALAN KANTRUD RE: PARK CLOSURE DISCUSSION At your request I have prepared a short primer on the issue of manufactured park closings in Minnesota. I understand a question arose at a special meeting of the Council regarding the closing of the St. Paul Tourist Cabins park-site as part of the Gladstone Redevelopment project—specifically having to do with the effect of the closure on the residents of the park. The closure of manufactured home park lot rentals is regulated by State statute; Minn. Stat. §327C.095 to be precise. And the regulation of park closures is not new—many statutes similar to Minnesota's exist and have been on the books for 20+ years. Many such statutes were passed in the late-80's due to the wholesale destruction of manufactured home park lot rentals, more euphemistically called, "trailer parks." The parks were being bought-up in many urban settings in response to the then-rising costs of developable land and in part due to their presence, generally, on the fringe of urban development; the City and the suburbs had arrived. While the debate surrounding the value of manufactured home park lot rentals has raged for decades, the, "park," model with its unique combination of owned structure and, "leased," lot has, for many, been the only way home-ownership is possible. Many consider the model to be the private-sector equivalent to public housing with its low-cost and high density. Recognizing that such wholesale loss of so many units of, "affordable," housing would have severe long-term impacts on city-life as well as the consequences of displacement of many families, state legislatures began regulating the closures of such parks. The purpose was simple: to ensure that the impact of park closures on residents were balanced with the owner's right to redevelop their property. The typical statute has two basic functions: it provides for, "notice," of the park closure long in advance of the actual closure to allow the orderly exodus of residents from the park and for a public hearing to determine what, if any, compensable relocation costs should be paid to the displaced residents. These provisions are based on the theory that, for many, the park is actually the, "home," of the resident and much more than a simple rental. Indeed, the whole concept of the, "mobile home." (think single-wide aluminum box with wheels and a hitch) has been eschewed in favor of double and triple wide homes that are far from, "mobile," and now more aptly called, "manufactured homes." Since relocating a contemporary manufactured home is far from easy and certainly not cheap, the statute recognizes that investment on the part of the resident by allowing the municipality working with the owner/developer the opportunity to tax the owner rather the displaced resident with the cost of moving. Under our statute the owner of the park must provide 9 months of notice to their residents of the impending closure (§327C.095(1)). Minnesota is in the middle of the pack in terms of notice periods; some jurisdictions are as short as 60 days and some as long as 18 months. Said notice is in the form of a, "Closure Statement," that is provided to each resident of the park and submitted to the local planning agency, e.g., a City's HRA. That planning agency in turn requests that its governing body/municipality schedule a public hearing to present and discuss the, "Closure Statement," as well as collect public comment as to the impact of the closure on park residents (§327C.095(3)(4)). The municipality must then mail notice of the hearing, ten days in advance, to a resident of each home in the park (§327C.095(3)). At the public hearing the municipality may determine how many residents will be displaced and whether or not relocation costs should be borne by the park-owner—the statute does not mandate payment for costs, merely stating that the municipality may 1P - require payment (§327C.095(4)). The statute also authorizes the governing body to make payment itself or to have third-parties make payments to, "provide additional compensation to residents to mitigate the adverse financial impacts," of the closure Id. This allows for a great deal of flexibility to the City to address the needs of residents faced with park closure. After the public hearing the residents then have a minimum of 60 days to relocate before they could be compelled to do so. (§327C,095(l)). Minnesota Statute §3270.095 also provides for the succession of a manufactured home park lot rental into a CIC or planned unit development (§327C.095(6)). The statute requires that the park owner disclose the price agreed-upon for the park and then must subsequently accept that amount from a group of not less than 5 % of the parks residents (or an organization formed to represent them)—the residents can essentially buy their own park and thereby preserve their lifestyles and homesites. It is my understanding that many of the issues that surround manufactured home park lot rental closures are not present in the case of the St. Paul Tourist Cabin project due to the age of the structures in the park as well as the lack of owner-occupied units and diligence of the park owner in negotiating directly with homeowners. The location and relatively small number of actual displaced homeowners will undoubtedly be reflected in the turnout at the public hearing. t Agenda Item N3 October 12, 2006 TO: City Council FROM: Greg Copeland City Manager RE: Addition of Community Solutions Fund to Employee's Annual Giving Options On October 11, 2006 1 had the opportunity to learn about a Minnesota based Community focused Employee Giving Campaign that could be offered to our staff to broaden their choices in addition to United Way funded charities. The Community Solutions Fund, CSF, currently has work place partnerships with numerous public sector organizations, such as Ramsey County, Cities of White Bear Lake, New Brighton, St. Paul, Minneapolis, Bloomington and Golden Valley. The League of Minnesota Cities, University of Minnesota, Wells Fargo Banks, Sears and Health Partners are examples of other employers who are partners of this giving campaign. The Community Solutions Fund supports the work of 41 area member organizations. Employees may designate that their contributions go to any one of the 41 organizations or even to any other Minnesota tax exempt 501 (c)3 non - profit corporation of their choice! Recommendation: City Council approve a motion to include the Community Solutions Fund in our Employee Giving program of employee payroll deductions. About Us Community Solutions Fund is a leader in creating long-term com- munity change. For over 25 years, we have worked to advance accessible healthcare, affordable housing, quality education, and human rights. I Our member charities address critical needs by tackling commu- nity problems at their core. They offer essential services, pro- mote healthy communities, and provide tolls that help people help themselves. Our unique focus on long-term community change means your gift will pay community dividends for years to come. Celebrating 28 Years Community Solutions Fund was created in 1978 to support and fund non-profit organizations that work for long-term community change. Today we remain true to our mission by promoting solu- tions that produce lasting results. Since our first workplace giving campaign, we have distributed over $15 million dollars to local non-profits working for long-term community change. Our Commitment to Donors We are committed to ease and efficiency. Payroll deduction al- lows employees to fill out a pledge card once a year, while the community benefits all year long. It is a cost effective way to support the community. We are committed to ensuring dollars are well spent. We hold our members to the highest standards to ensure our donor's dol- lars are having the maximum impact. We are committed to donors. We are proud of our reputation for great customer service. Please feet free to contact our office at anytime. Community Solutions Fund 1619 Dayton Ave. Suite 323 St, Paul, Mfl 55104 651-647-0440 www.solutionsfund.org Questions and Answers How is Community Solutions Fund unique? We have over 40 member groups dedicated to providing essential services and promoting long-term community change. Our unique focus on long-term change means that the dollars you invest today will pay community dividends for years to come. How does Community Solutions Fund distribute contributions? Undesignated funds are distributed among our member organizations. Donors may also choose to have their donation distributed to specific members or any other 501 (c)(3) nonprofit organization. Are contributions confidential? You can request that your contribution remain confidential, otherwise you will be acknowledged by the recipient. What is Community Solutions Fund's administrative fee? Our total administrative fee, including member services, is 12%. Costs for fundraising and administration are at or below 10 percent. Does Community Solutions Fund monitor its member organizations? Yes. Each year we review the finances, management, governance, activities, and accomplishments of each member organization. Organizations must meet strict criteria in order to maintain membership with us.