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2006 11-13 City Council Packet
5:00 p.m. CouncillManager Workshop MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, November 13, 2006 Council Chambers, City Hall Meeting No. 06 -28 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 Nearing 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 16, 2006 Council/Manager Workshop 2. Minutes from the October 23, 2006 Council/Manager Workshop 3. Minutes from the October 23, 2006 City Council Meeting F. VISITOR PRESENTATIONS G. APPOINTMENTS /PRESENTATIONS Charles Bethel, City Attorney for Human Resources, Status of 2007 Labor Contract Negotiations H. PUBLIC HEARINGS 1. South Maplewood Development Moratorium Ordinance (Second Reading) 2. Saint Paul Tourist Cabins Manufactured Home Park Closing (940 Frost Avenue) 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. Sanitary Sewer Rates for 2007 3. Environmental Utility Rates for 2007 4. Increase in Miscellaneous Service Charges 5. Increase in Community Development Service Charges 6. Transfers for Unassessed Improvements 7. Recreation Program Grants 8. Authorization to Purchase ARCims Software and Server 9. Conditional Use Permit Review — Schmelz Countryside Motors (1180 Highway 36 East) 10. Conditional Use Permit Review— Saint Paul Business Center East (1983 - 2025 Sloan Place) 11. Conditional Use Permit Review — Venburg Tire (3001 Maplewood Dr N) 12. Conditional Use Permit Review — Woodlynn Ponds Townhomes (Chisholm Court, south of County Road D) 13. Award Contract for 2006 -2007 Winter Sand 14. Hazelwood Street Improvements from Beam to County Road D, City Project 03 -39, Resolution Approving Change Order No. 1 CONSENT AGENDA (continued) 15. County Road D Improvements, west of Highway 61, City Project 02 -08, Resolution Approving Change Orders 26 -28 16. Hill- Murray Athletic Facility Addition, City Project 06 -13, Approval of Storm Water Best Management Practices Agreement 17. Desoto - Skillman Area Improvements, City Project 06 -16, Authorization to Award Contract for Soil Borings and Geotechnical Evaluation Services 18. Kenwood Area Street Improvements, City Project 05 -16, Resolution for Modification of Project Budget 19. Public Works Building Addition, City Project 03 -19, Authorization to Pay for Office Equipment and Budget Adjustment. 20. Gladstone North Area Street Improvements, City Project 04 -15, Resolution Approving Change Order No. 4 21. Group Insurance Contracts J. AWARD OF BIDS 1. Sanitary Sewer Pipe Television Inspection Equipment 2. Outfield Fence Replacement 3. Maplewood Community Center Liquor Provider K. UNFINISHED BUSINESS Adoption of Electric Franchise Tax Rates for 2007 Xcel Energy Service Area L. NEW BUSINESS 1. Century Avenue Improvements (1 -94 to Lake Road), City Project 03 -15, Ramsey County Review of Project Details 2. First Reading of Ordinance Adopting an Electric Franchise Tax in the No. St. Paul Utilities Service Area - Report to Follow 3. Approve New Assessment Rates for 2007 Improvement Projects 4. Selection of Firm to Coordinate the City Manager Hiring Process M. COUNCIL PRESENTATIONS N. ADMINISTRATIVE PRESENTATIONS O. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this service must be made at least 96 hours in advance. Please call the City Clerk's Office at (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 COUNCIL /MANAGER WORKSHOP Monday, October 16, 2006 Council Chambers, City Hall 5:05 P.M. A. CALL TO ORDER all, and was called to order A ROLL CALL Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember C. APPROVAL OF AGENDA Mayor Longrie moved to apps Seconded by Councilembei D. UNFINISHED BUSINESS ents- Report of Phase One Improvements aced the presentation on Phase I Area Redevelopment Improvements. nested Interim City Manger Copeland submit to council ation of the $30,000 of planning costs spent to date and a breakdown hours. Kimley Horn and Associates, provided background information and an of the streets, streetscapes and power line burial. C. Ron Leaf, SEH, explained the storm water drainage and treatment systems for the area, detailing the Savanna and Tourist Park areas. d. Parks and Recreation Director Anderson spoke to the four phases of the trail system and parks plan and the costs involved. e. City Engineer AN reviewed the estimated costs and proposed financing plan. f. Paul Steinman, Springsted, opened discussion regarding Tax Increment Financing Issues and related financial impact. October 16, 2006 Council /Manager Workshop A workshop of the City Council was held in the Council Chambers, at at 5:05 P.M. by Mayor Longrie. g. Senior Planner Ekstrand explained the zoning and density issues involved with the comprehensive plan. h. Planner Finwall spoke to specific zoning requirements and minimum and maximum densities for the area. i. Bart Montanari, DAKAR Companies Development, developer for the St. Paul Tourist Cabin site, discussed development needs and answered council questions. City Engineer Ahl informed council that staff will be bringing the Blight Report to council at the November 13, 2006 City Council Meeting. 2. Electric Franchise Tax a. Interim City Manager Copeland presented the report. b. Finance Director Faust presented further specifics from the report. Finance Director Faust answered council Tax Increase Ordinance. E. ADJOURNMENT Mayor Longrie adjourned at 8:15 p.m. ng the proposed Electric Franchise October 16, 2006 Council /Manager Workshop 2 Agenda Item E2 MINUTES CITY COUNCIUMANAGER WORKSHOP Monday, October 23, 2006 Council Chambers, City Hall 5:00 p.m. A. CALL TO ORDER A workshop of the City Council was held in the Council Ch order at 5:07 P.M. by Mayor Longrie. B. ROLL CALL E. Diana Longrie, Mayor Rebecca Cave Councilmember Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember Will Rossbach, Councilmember APPROVAL OF AGENDA Mayor Longrie moved to approve th Seconded by Councilmember Cave NEW BUSINESS 1. Public Works Deoartment 2( F-11 Public Works Director AN presented the 2007 Public Works budget summary, department update and future goals. JRNMENT Mayor Longrie adjourned the workshop at 6:55 p.m. City Hall, and was called to 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. C. 41 E. F A meeting of the City Council was held in the Council Chambers, at City 7:00 P.M. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Rebecca Cave Councilmember Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present' Will Rossbach, Councilmember Present` I' = #Iyff W01ju . L6. Remove item from agenda -The developer has withdrawn the r{ Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Cave Ayes-All APPROVAL OF MINUTES 1. Minutes from the October 9, 2006 Council /Manger Workshop Councilmember, Juenemann moved to approve the minutes from the C Agenda Item E3 and was called to order at for the project at this time. Seconded by Councilmember Hjelle Ayes-All 2. Minutes from the October 9, 2006 City Council Meeting Councilmember Cave moved to approve the minutes from the October 9. 2006 Citv Council Meetina as presented. Seconded by Councilmember Hjelle Ayes-All VISITOR PRESENTATIONS 1. Bob Zick, 2231 Penn Place, N. St. Paul, Mr. Zick asked questions of council regarding the timeline of the City Attorney appointment. 2. Nancy Lazaryan, 10734 West Lake Road, Rice, distributed a recently filed legal document and asked if she would be allowed to speak during an item under administrative presentations. Mayor Longrie explained the city's procedure for administrative presentations. City Council Meeting October 23, 2006 1 3. Bob Zick, second appearance, commented on the title insurance company Ms. Lazaryan referenced and the usage of the City Attorney title. City Attorney Kantrud explained the semantics of the title "city attorney." 4. Bill Kayser, 6408 Avenue North, Brooklyn Park, shared what he felt were improper claims by an individual representing the City of Maplewood. G. APPOINTMENTS /PRESENTATIONS None H. PUBLIC HEARINGS None 1. CONSENT AGENDA Councilmember Juenemann moved to approve consent agenda items 2, 4, 6 -9, 11, 15 and 17. Seconded by Councilmember Hjelle Ayes-All Councilmember Hjelle moved to approve consent agenda item 1. Councilmember Juenemann asked staff to itemize Mr. Bethel and Associates bill in the amount of $8,829.20 and distribute to council. Seconded by Councilmember Cave Ayes-All Councilmember Rossbach moved to approve consent agenda item '3 with the request that staff Seconded by Councilmember Hjelle Ayes-All Mayor E_ongrie moved to approve consent agenda item 5. Ayes-All Mayor Longrie moved to approve consent agenda item 10 Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to approve consent agenda item 12. Seconded by Councilmember Hjelle Ayes-All Mayor Longrie moved to approve consent agenda items 13 and 14. Seconded by Councilmember Hjelle Ayes-All Councilmember Cave moved to approve consent agenda items 16. Seconded by Councilmember Hjelle Ayes-All City Council Meeting October 23, 2006 2 1. Approval of Claims ACCOUNTS PAYABLE: $ 327,781.43 Checks # 71019 thru # 71069 dated 10/03/06 thru 10/10/06 $ 690,050.11 Disbursements via debits to checking a dated 09/29/06 thru 10/04/06 $ 181,439.57 Checks # 71070 thru # 71124 dated 10/11/06 thru 10/17/06 $ 344,543.19 Disbursements via debits to checking a dated 10/05/06 thru 10/12/06 $ 1,543,814.30 Total Accounts Payable 02 MM Payroll Checks $ 439,940.34 10/06/06 $ 2,215.25" Payroll Deduction check # 106405 thru # 106406 $ 442,155. GRAND TOTAL Closure of COPS MORE Grant Fund Authorized the transfer of $90.04 from the COPS MORE Grant Fund to the General Fund, to close the fund authorized the appropriate budget changes. 3. Increase in Records, Elections and License Department Service Charges Approved the proposed revisions to the City Clerk services charges and requested that staff research the cost of a User Fee Study and submit to council a comparison of user fees from comparable cities that have had a recent fee study. 4. TH 61 Improvements (Beam to 694), City Project 03 -07, Approve Reimbursement to Guldens for Irrigation System Repair Approved 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. City Council Meeting October 23, 2006 3 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 Adopted the following 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: RESOLUTION 06 -10 -127 DIRECTING MODIFICATION OF EXISTING CONSTRUCTIO 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 MINNESOTA THIS 23 DAY OF OCTOBER, 2006 that 1. The mayor and city clerk are hereby authorized and di by executing said Change Order No. 1 in the amount of $ amount is $130,819.11 UNCIL OF MAPLEWOOD, to modify the existing contract I.00_ The revised contract 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. 6. County Road D Improvements (White Bear to McKnight), City Project 01 -15, Acceptance of Project and Approve Final Payment on Construction Contract the following resolution for acceptance of the project and release of retainage in the )f $7,516.03: RESOLUTION 06 -10 -128 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. 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) City Council Meeting October 23, 2006 RESOLUTION 06 -10 -129 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. 8. Springside Drive Improvements, City Project 03 -36, Resolution Approving Final Payment and Acceptance of Project RESOLUTION 06 -10 -130 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. 9. Public Works Building Addition, City Project 03 -19, Authorization to Pay for Office Equipment Approved payment of $13,403.93 to Intereum Inc.for furniture for the Public Works Building Addition. 10. Hazelwood Area Street Improvements, City Project 03 -18: Resolutions for Acceptance and Final Payment of Proiect RESOLUTION 06 -10 -131 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. City Council Meeting October 23, 2006 11. Conditional Use Permit Review — Commercial Equipment Parking and Storage (65 Larpenteur Avenue) Approved to review the conditional use permit for the parking and storage of commercial vehicles for the property at 65 Larpenteur Avenue again in one year. 12. 2006 Justice Assistance Grant (JAG) Authorized the Police Department to accept $11,091 in grant dollars to be used by the Police Department. 13. Authorization to Purchase Cisco Wireless Equipment for Infrastructure Authorized the purchase of Cisco Wireless equipment in the amount of $18,950. 14. Approval to Purchase Digital AIV Mixer for Council Chambers Update Authorized the purchase of equipment from Alpha Video in the amount of $5,970 for the upgrade to the council chambers. 15. Temporary Gambling Resolution — Church of the Presentation of the Blessed Virgin Mary RESOLUTION 06 -10 -132 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 Stree 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. 16. Acceptance of Donations- Police `Department Authorized the Police Department to accept donations from District 622 Communities Partnership ($250) and the North Maplewood Lioness Club ($100) to defray costs for the Protecting Children from Sexual Offenders seminar being held on October 28 17. Kenwood Area Street Improvements, City Project 05 -16, Approve Driveway Reimbursement Approved 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. AWARD OF BIDS 1. Award of Bid for Priory Trail Construction a. Parks and Recreation Director Anderson presented the report. City Council Meeting October 23, 2006 r� Councilmember Juenemann moved to award the bid of $27, 437.75 to Trail Source, LLC with the monies allocated from the city P.A.C. fund. Seconded by Councilmember Hjelle Ayes -All K. UNFINISHED BUSINESS Gladstone Area Redevelopment a. Finance Director Faust presented the report. b. Mary Ippel of Briggs and Morgan was present to answer financing. Councilmember Rossbach moved to adopt the followi substandard buildings: RESOLUTION 06 -10 -133 MAKING CERTAIN FINDINGS WITH RESPECT SUBSTANDARD BUILDIN( WHEREAS, the City of Maplewood (the "City") intends to unde City (the "Redevelopment Project "); WHEREAS, a part of the Redevelopment blighted buildings (the "Buildings ") describe{ also described on Exhibit A attached hereto WHEREAS, the City inter "redevelopment district "; WHEREAS, the deteriora necessitating the demolition WHEREAS, Minnesota S that a City" may create a tax the City finds by resolution buildings, streets, paved or buildings, not including out renovation or clearance; a tax uestions about tax- increment ndinas with respect to project in the wolves the demolition and clearance of certain ibit A attached hereto located on certain parcels rcels "); lent financing district including the Parcels as a ition of the Buildings creates a health and safety concern uildings prior to the creation of a tax increment financing district; tatutes, Sections 469.174 to 469.1799 (the "Tax Increment Act ") provides increment financing district (a "TIF District ") as a "redevelopment district" if that parcels consisting of 70% of the area of the TIF District are occupied by gravel parking lots or other similar structures, and more than 50% of the buildings, are structurally substandard to a degree requiring substantial WHEREAS,, Minnesota Statutes, Section 469.174, 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. City Council Meeting October 23, 2006 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 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 TIF 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 d day of October, 2006. Description of Buildings: The buildings within the parcel consist of the following types of improvements: 15 residential rental structures, 1 office /residential rental structure, and 1 common shower/bathroom structure. Description of Parcels: That part of Government Lot 2, Section 16, Township 29, Range 22, Ramsey County, Minnesota, which lies Southerly of Frost Avenue as described in Document No. 1999021 Westerly of Frost Avenue Connection as described in Document No. 1999021,, Northerly of East Shore Drive as described in Document No. 357903, and Northeasterly of a line described as commencing at the center of said Section 16, thence South 89 degrees 32 minutes 38 seconds West, assumed bearing, along the North line of said Government Lot 2, 1130.00 feet, to the point of beginning; thence South 27 degrees 23 minutes 03 seconds East, 1121.18 feet to an angle in the north line of said East Shore Drive, said angle point being 658.56 feet westerly of the East line of said Government Lot 2 as measured along the North line of said East Shore Drive, and said line there terminating. PIN #162922310024. easements of record. Councilmember Hjelle Ayes- Councilmembers Cave, Hjelle, Juenemann and Rossbach Nay -Mayor Longrie 2. Electric Franchise Tax Increase Ordinances — Second Reading a. Finance Director presented the report b. Collette Uerk, Xcel Energy, was present for council questions. Councilmember Juenemann moved to adopt the second reading of the Electric Franchise Tax Increase Ordinance (excluding the proposed rates) to bring back to council at the November 13, 2006 City Council Meeting. Seconded by Mayor Longrie Ayes -All City Council Meeting October 23, 2006 Councilmember Juenemann moved to adopt the second reading of Schedule A. Seconded by Councilmember Rossbach Ayes-All Councilmember Juenemann moved to adopt the second reading of Schedule A excluding the proposed rates and reflecting the rates negotiated by staff and Xcel Energy to be brought back to council November 13, 2006. Seconded by Mayor Longrie Ayes-All 3. Audit Contract a. Finance Director presented the report. Councilmember Hjelle moved to approve a five -year contract with HLB Tautges Rdpath, Ltd., for auditing L. Seconded by Councilmember Juenemann Ayes-All 4. Jensen Estates Improvements, City Project 05 -15, Approval of Plan for Trail Connection to Currie Street (2320 Hoyt Avenue) a. Public Works Director AN presented the report. b. Kelly Conlin, Home Sites Development, Grant Township, explained his absence from the September meeting and answered council questions. Councilmember Rossbach moved to approve the construction of the trail as provided in the Hedlund Engineering revision on 10112106 in order to meet the trail special condition set forth for this development. Seconded by Councilmember Hjelle Ayes-All 5. Code Revisions Alcoholic Beverages — Second Reading a. REaL Director Guilfoile presented the report. Councilmember Rossbach moved to adopt the attached second reading of the Code Revisions for Alcoholic Beverages. Seconded by Councilmember Hjelle Ayes-All Councilmember Juenemann asked that the record reflect that she was sorry the distance requirement from schools was removed from the ordinance. NEW BUSINESS 1. TH 5 — 120 MnDOT Property, City Project 03 -20, Task Force Report and Authorization to Proceed with Study of Marshlands Proposal a. Public Works Director AN presented the report. b. The following persons were heard: Joe Peschges, President of Hill- Murray School Association City Council Meeting October 23, 2006 9 Ron Cockriel, 943 Century Avenue, Maplewood Chris Roy, North Area Manager, MnDOT Paul Holmes, Architect for the site Councilmember Rossbach moved to pursue the Marshland Concept for the area and approved the allocation of $30,000 to proceed with the study and directed staff to submit a project expense memo to council in $10.000 increments. Seconded by Councilmember Juenemann Ayes -All 2. Kenwood Area Street Improvements, City Project 05 -16, Construction Contract (Change Orders 9 -11) a. Public Works Director Ahl presented the report. Councilmember Rossbach moved to adopt the followin 05 -16, Change Orders 9, 10, and 11: RESOLUTION 06 -10 DIRECTING MODIFICATION OF EXISTING C' PROJECT 05 -16, CHANGE ORD WHEREAS, the City Council of Improvement Project 05 -16, Kenwood Ai contract pursuant to Minnesota Statutes, WHEREAS, it is now necessary and ep Improvement Project 05 -16, Change Order Nos. NOW, THEREFORE, BE IT RESOLVED MINNESOTA that: 3. The mayor ai by executing sa 4. The finance di implement the re established. The ME � ._ I �9f0 ni it that sa 0 and 11 of Existing dification f of the retofore ordered made ants. and has let a construction be modified and designated as THE CITY COUNCIL OF MAPLEWOOD, authorized and directed to modify the existing contract 1 , '10 and 11 in the amount of $167,763.96. The revised r is hereby authorized to make the financial transfers necessary to financing plan for the project. A project budget of $5,535,545.88 shall be ased financing plan is as follows: Assessments: Ramsey Wash Watershed District: Sanitary Sewer Utility Fund: SPRWS Obligation: WAC Fund Environmental Utility Fund Investment Interest: Debt Service levy: Total Seconded by Councilmember Hjelle 10:00 p.m. a 10 minute break was taken. $ 1,454,620.00 $ 92,700.00 $ 567,846.46 $356,096.41 $ 80,000.00 $ 345,103.01 $ 60,000.00 $ 2,579,180.00 $ 5,535,545.88 Ayes-All City Council Meeting October 23, 2006 10 3. Preliminary Plat - Legacy Town houses (County Road D — Kennard Street to Hazelwood) a. Planner Roberts presented the report. b. Patrick Sarver, Hartford Group, was present for council questions. Councilmember Rossbach moved to approve the preliminary plat submitted by the applicant for townhomes at Legacy Village subject to the following four conditions: 1 2 3 The applicant shall comply with the requirements in the city's engineering report dated September 19, 2006. The applicant shall sign a developer's agreement with the city engineer before the issuance of a grading permit. 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. The applicant shall pay the city escrow for staff may require that may not be ready by ocuments, easements and agreements that the 'ne of plat signing. Seconded by Councilmember Juenemann Aye 4. Use Deed Request (Southeast corner of English a. Planner Roberts presented the Councilmember Juenemann moved to County Road B) auction for six months: RESOLUTION 06 -10 -134 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. Ily de is property is located at the southeast corner of English Street and County Road 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. Seconded by Councilmember Rossbach Ayes -All 5. South Maplewood Development Moratorium Ordinance (First Reading) a. Planner Roberts presented the report. City Council Meeting October 23, 2006 11 b. The following persons were heard: Ron Cockriel, 943 Century, Maplewood Carolyn Peterson, 1801 Gervais Avenue, Maplewood Ron Cockriel, second appearance Jamie Jensen, Developer, Tyrus Land Company Mayor Longrie moved to adopt the first reading of the South Maplewood Development Moratorium with the following additions to be made to the ordinance • Clarify in the first paragraph that the area under consideration hereir Maplewood Study Area" includes all property south of Carver Avenu zoned R -1(R) and F (farm). • Further specify or clarify in Section 1 (1.03) Purpose that the need tc ordinance, zoning map, land use map and comprehensive plan may the 14 issues listed as well as: • Add: The financial impact of development on the city under the diffe • Add: A study of parks and trails connections. • Clarify: the listed issue of Mississippi River Critical Area (State and separate from the Mississippi National River and Recreational Area considerations. :M d:to as the "South and east of 1494 that are city's zoning of, but not limited to, rent land use scenarios. Federal) considerations` (MNRRA) corridor' • Add: Mississippi National River and Recreational Area (MNRRA) corridor considerations, Maplewood public policy and initiatives of neighboring communities. • Modify: Public utility availability to include "cost and impact on the area ". • Modify: Open Space to read "Open space connectivity ". • With regard to the Metropolitan Council requirements it should be expanded to say: pursuant to their Local Land Planning Handbook - including but not limited to the strategies for protecting special resources including solar access, wind energy access, historic preservation and aggregate critical area. • Modify: Storm water systems to include "storm water management requirements ". • Add: The Preservation of housing and lifestyle options. • Add: A review of the percentage of R -1(R) acreage to other land acreage for residential purposes. • Add: The percentage of R -1(R) housing potential in relation to the other percentage of housing opportunities in Maplewood i.e. single dwelling , 40,000 square foot lots vs 10,000 square foot lots, R -1, R -1(s) small lot, high density, mid density etc. to provide an understanding and comprehension of the housing options within Maplewood. • Add:'" Ramsey /Washington Metro Watershed project considerations and requirements. • Add: MnDOT comprehensive trunk highway plan through the area, including traffic /public safety. • Add': The Historical objectives that are found in the Maplewood Comprehensive Plan (specifically pages 146 -147). Seconded' by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Cave and Hjelle Nays - Councilmembers Juenemann and Rossbaeh Mayor Longrie moved to set the Public Hearing for the proposed moratorium for November 13, 20( Seconded by Councilmember Hjelle Ayes -Mayor Longrie, Councilmembers Cave and Hjelle Nays - Councilmember Juenemann and Rossbach 6. CarMaxx /Mogren Property Improvements, Beam to County Road D, City Project 06 -17 — Approval to Explore Financial Support for Improvements through Tax Abatement Applicant withdrew the request. City Council Meeting October 23, 2006 12 M. COUNCIL PRESENTATIONS 11:45 P.M. Mayor Longrie moved to continue the meeting until all agenda items were addressed Seconded by Councilmember Cave Ayes -Mayor Longrie, Councilmembers Cave, Hjelle and Rossbach Nav-Council member Juenemann N. ADMINISTRATIVE PRESENTATIONS 1. City Attorney Report: Follow -up of Matters Presented to City Council by Nancy Lazaryan on October 9, 2006 City Attorney Kantrud explained a quiet title action process. Mr. Kantrud preferred council not engage in discussion regarding legal issues at future Council Meetings and felt that would also be the advice of council prosecuting the action on behalf of the city. 2. City Attorney Report: Mobile Home Park Closure Requirements Under Minnesota Statutes Discussion was held regarding support for the current residents of the Tourist Cabin Site. City Attorney Kantrud will research the requirements and procedures for a Public Hearing when a Mobile Home Park closes.' 3. Addition of Community Solutions Fund to Employee's Annual Giving Options a. Interim City Attorney Copeland presented the report. Councilmember Rossbach moved to approve the addition of the Community Solutions Ayes -All rA 2:08 a.m. City Council Meeting October 23, 2006 13 Chapter 6 Article 1. In General Sec. 6 Proof of age for consumption, purchase or possession. Sec. 6 - 2. Discrimination by licensee Licensee's responsibility for acts of employees. Sec. 6 Drinking on public streets, lanes or alleys or while trespassing on private property. Sec. 6 Fees and charges imposed and fixed by city council. Sec. 6 - 5 Age to deliver, sell, serve or vend. Sec 6.6. Age to deliver, sell, serve or vend. See.6.7 Adoption of State law. Secs. 6- 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 Sale to, consumption by, procuring for persons under 21 years. Secs. 6 39 -6 - 65. Reserved. Division 2. Licenses Sec. 6 - 66. Persons eligible to be issued licenses. Sec. 6 - 67. Required to sell at retail; types of licenses. Sec. 6 - 68. Ineligible persons. Sec. 6 - 69. Ineligible premises. Sec. 6 - 70. Duration. Sec. 6-71. Notice to city 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 approval. Sec. 6 - 75 Inspections of premises. Sec. 6 - 76. -6 - 105. Reserved. Article III. Intoxicating Liquors Division 1. Generally MAPLEWOOD CODE Sec, 6-106. Definitions Sec. 6-107. Inapplicability. Sec. 6-108. Unlawful sale, furnishing or delivery to certain persons. Sec. 6-100 Reserved. Sec. 6-110. Sales to be in public view. Sec. 6-111. Sales made where prohibited. Sec. 6-112. Drinking in public place, outside events. Sec. 6-113. License required. Sec. 6-114. Tax stamps or labels on containers. Sec. 6 -11:x. Retail sale for beverage purposes of ethyl alcohol or neutral spirits. Sec. 6-116. hours of sale. Sec. 6 -117. Persons eligible for issuance of licenses statement of gross sales. Sec. 6-118. Persons ineligible for issuance of license. Sec. 6-119. Investigations of on -sale applicants for issuance, transfer or renewal of license. Sec. 6 Location restrictions. Sec. 6 - 121. Denial of license to person in connection with premises of another. Sec. 6 - 122. One license for any one person or premises: possession of interest: in more than one license. Sec. 6 Posting of licenses. Sec. 6 Licenses for drugstores. Sec. 6 Issuance of federal permit as condition to license issuance. Sec. 6 Responsibilities of licensee for place of business: gambling, prostitution or disorderly conduct; age requirements for employees. Sec. 6 Operation of coin amusement devices by minors in barrooms. Sec. 6 Reserved. Sec. 6 Transfer of license; transfer of corporate stock; change of corporate officers. Sec. 6 Suspension or revocation of licenses. Sec. 6 Temporary intoxicating liquor licenses for nonprofit organizations. Sec. 6 Application for temporary intoxicating liquor license, administrative approval Secs. 6 133 -6 - 160. Reserved. Division 2. On - Sale and Off - Sale Licenses Subdivision 1. In General Sec. 6 Established. Sec. 6 Reserved. Sec. 6 Sunday sales licenses for on licensees. Sec. 6 Application; payment of fee. Sec. 6 Investigation of applicant; inspection of premises; council hearing; grant or denial. 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. Sec. 6 Effect of denial. Sec. 6 Bond. Sec. 6 Ineligibility of certain premises. Sec. 6-170. Duration. Sec. 6 Extent of licensed premises. Sec. 6 - 172 Alcohol Awareness Training Secs. 6 173 -6 - 190. Reserved. Subdivision 11. Special Club Licenses Sec. 6 - 191. Issuance. Sec. 6 Sales limited to members only. Sec. 6 - 193. Fee and application. Sec. 6 - 194 Applicability of other sections. Secs. 6 - 195 -6 - 220. Reserved. Division 3. On -Sale Wine Licenses Subdivision I. In General Sec. 6 Definitions, Sec. 6 Required; exceptions. Sec. 6 Issuance only to restaurants. Sec. 6 224. Number unlimited. Sec. 6 Fee and application. Sec. 6 - 226. Approval by state. Sec. 6 Sale of intoxicating malt liquors with an on wine license See. 6 Duration Secs. 6 - 229 -6 - 250. Reserved. Subdivision 11. Temporary Wine Licenses Sec. 6 - 251. Issuance to nonprofit organizations. Sec. 6 Application and approval of license Sec. 6 Applicability of division 4 of article. Secs. 6 - 254 -6 - 280. Reserved. Division 4. Bottle Clubs Sec, 6 Definitions. Sec. 6 Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. Sec. 6 State permit. Sec. 6 Annual license fee. Sec. 6 Hours of consumption or display of intoxicating liquor. Sec. 6 - 286. Inspections. Sec. 6 - 257. Restrictions on permit approval by council. Sec. 6 Inapplicability of division. Sec. 6 Violations. Sec 6 -290 Seizure and disposal of intoxicating liquor sold, served or displayed in violation of division. Secs. 6 - 6 Reserved. Division 5. Maplewood Community ('enter Sec. 6 Sale of intoxicating Liquors. Sec. 6 Wine licenses. Sec. 6 Wine, 3.2 percent malt liquor and intoxicating liquor. Sec. 6 - 1. Proof of age for consumption, purchase or possession. Proof of age for consuming, purchasing or possessing an alcoholic beverage, the consumption, sale or possession of which is regulated under this chapter by age, may be established only by the following.. (1) a valid driver's license or identification card issued by Minnesota, another state, or a province of Canada, and including the photograph and date of birth of the licensed person; (2) a valid military identification card issued by the United States Department of Defense; (3) a valid passport issued by the United States; or (4) in the case of a foreign national, by a valid passport. State law reference—Similar provisions, Minn. Stats. § 340A.503 .subd.6 (Code 1982, § 5 - 1) See. 6-2. Discrimination by licensee. (a) It is unlawful for a licensee under this subdivision to discriminate against its members, guest of members, customers or employees 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 form containing any questions about race, creed, color, religion, national origin, sex or disability or to make any record of inquiry about race, creed, color, religion, national origin, sex or disability in connection with an application for employment or membership. (Code 1982, § 5 - 101) State law reference—Similar provisions, Minn. 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 Sec. 6 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. 6-5. Fees and charges imposed and fixed by city council. Unless expressly provided for in this chapter, the amount of any license, permit, fee or charge required to be paid by this chapter shall be in such amount as may be imposed, set, established and fixed by the city council from time to time. Intoxicating liquor license fees may be paid in two equal installments on January 1 and June 15. All fees under this chapter shall be deposited into the general fund of the city. (Code 1982, § 5 -6) Sec. 6-6 Age to deliver, sell, serve or vend. (a) It is unlawful for a licensee under this article or the licensee's agents or employee to allow a person under the age of 18 years to deliver, sell, serve or vend any 3.2 malt liquor or any intoxicating liquor to a person in the city. (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 § 5 - 64) State law reference – Similar provisions, Minn. State § 340A.412, Subd. 10. Sec. 6-7 Adoption of State law. Except to the extent the provisions of this chapter are more restrictive, the provisions of Minnesota State Chapter 340A, relating to the definition of terms, licensing, consumption, sales hours of sale and all other matters pertaining to the retail sale, distribution and consumption of intoxicating liquor, wine and 3.2 malt liquor are adopted and made a part of this chapter as if set out in full. Secs. 6 8 -6 Reserved. ARTICLE II. 3.2 PERCENT MALT LIQUORS DIVISION 1. GENERALLY Sec. 6-36. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: AIcobolic beverage means any beverage containing more than one - half of one percent alcohol by volume. Bona fide club means an organization organized for social purposes, for business purposes, for intellectual improvement, or for the promotion of sports where the serving of 3.2 percent malt liquor is incidental to and not the main purpose of the club. fntoxicatingliquorand liquormean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Off - sale means the sale of 3.2 percent malt liquor for consumption off the premises only. Person includes any individual, partnership, association, trust, institution, corporation, or municipality, and includes also a municipal iquor store. Sale, sell, and purebase include all barters, exchanges, gifts, sales, purchases and other means used to obtain or furnish liquor as above described, directly or indirectly, in violation or evasion of this article, but does not include sales by state license liquor wholesalers selling to licensed retailers. 3.2percont- inalt liquor means malt liquor containing not less than one - half of one percent of alcohol by volume and no more than 3.2 percent of alcohol by weight. (Code 1982, § 5 - 21) State law reference Similar provisions, Minn. Stats. §§ 340A.101, Subd. 19. Sec. 6-37. Hours of sale and consumption. (a) No 3.2 percent malt liquor shall be sold in the city between 2:00 a.m. and 1200 noon on Sundays. (b) No on -sale licensee shall permit 3.2 percent malt liquor to be consumed on the licensed premises during the hours when the sale thereof is prohibited by this section; provided, however, that the licensee shall be allowed a 30- minute period following the 2:00 a.m. closing hour to clear the premises of customers who are on the premises at 2 -00 a.m., and such customers during that time may consume 3.2 percent malt liquor beverages purchased by them before 2 :00 a.m. Minn. Stats §340A.504 Subd 6 State law reference--Sales of nonintoxicating malt liquor, closing hours, Minn. Stats. § 340A.504.Subd 1 & 2 Secs. 6-35-6-65. Reserved. DIVISION 2. LICENSES' Sec. 6 -66. Persons eligible to be issued licenses. A License required under this division may be issued only to a person who is a citizen of the United States or a resident alien and who is of good moral character and repute, who has attained the age of 21 years and who is the manager of the establishment. for which the license is issued. If a corporation or partnership is the owner of the establishment, the license shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or for a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the city within 48 hours if the person licensed as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. (Code 1982, § 5 - 35) Sec. 6 Required to sell at retail; types of licenses. 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. Three types of licenses are issued for the sale of 3.2 percent malt liquors as follows: (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. Temporary 3.2 percent malt liquor licenses for non - profit organizations may be approved by the city manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. Applicant is required to meet with the police 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 inspection of the premises where applicable. State law reference — Similar provisions, Minn. Stats. ch. 340A. (2) Annual off - sale licenses permit the licensee to sell 3.2 percent malt liquors in the original packages for consumption off the premises only. (Code 1982, § 5 - 36) Sec. 6 Ineligible persons. (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.301 Subd. 4 (a) No on - sale or off 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 (b) No 3.2 percent malt liquor license may be issued under this division for premises located within an area wherein such use of the premises is prohibited by chapter 44, which pertains to zoning, nor within an area where such sales are forbidden by state law or any other ordinance of the city. Sec. 6 - 70. Duration. Except for a temporary on - sale License issued under this division, all licenses issued under this division run for a calendar year from January 1. If issued for a shorter period than one year, the license fee shall be prorated on a quarterly basis. (Code 1082, § 5 - 39) State law reference Similar provisions, Minn. Stats. § 340A.301, Subd. 5. No corporation to which a license has been granted under this division may transfer any stock in such corporation without notification to the city. It is the duty of the officers of a corporation holding a license issued under this division to notify the city of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer of any stock shall be effective without the knowledge of the city. The transfer of any stock without the knowledge of the city shall be deemed sufficient cause for revocation by the city council of a license granted to such corporation under this division or any other licensing ordinance of the city under which such corporation has received a license from the city. Such corporation officers shall also notify= the city whenever any change is made in the officers of any such corporation, and the failure to so notify the city shall likewise be sufficient: cause for revocation of a license issued to such corporation. (Code 1982, § 5 - 40) Sec. 6 - 72. Unlawful possession of intoxicating liquor on licensed premises. 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. § 340x1.101, the purpose of consumption by anyone. (Code 1982, § 5 - 41) Sec. 6 - 73. Notice to council of conviction of licensee of violation of article. It is the duty of the police 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 reason for the council to revoke a license issued to such convicted person under this division. (Code 1982, § 5-42) Sec. 6 - 74. Application. (a) A person seeking a license under this division must apply to the city for the license by filing a written application with the city clerk. The city clerk must present the application to the police chief for review and to meet with the applicant to discuss measures to eliminate the sale of alcohol to underage persons, general security, retail crime issues and the city ordinances pertaining to this article. The clerk will also forward the applicant information to the community development department for zoning review and to the fire marshal for inspection of the premises where applicable. An application must contain the following: (1) The applicant's full name, date of birth and place of residence. (2) The exact location of the place at which the applicant proposes to sell 3.2 percent malt liquors. (3) Whether the applicant. has ever previously been engaged in the business of selling 3.2 percent malt liquors or in the business of selling foodstuffs in the city, and if so when and where. (4) The signature of the applicant or of an officer of a club seeking a license or of an officer of a corporation seeking a license. (b) Licenses for 3.2 percent malt liquors are approved administratively by the city manager or his designee and may be forwarded to the city council for approval at the discretion of the city manager or if the license holder has failed an alcohol compliance check during the license period. Sec. 6-75. Inspections of premises. The applicant for a license under this division must permit the appropriate officers of the city, as well as representatives of the police and fire departments, to inspect and examine the place of business described in the application, together with all the appliances and instruments used or to be used in the transaction of the business for which the license is sought. A refusal by the applicant to permit any such inspection shall be deemed as sufficient grounds for the council to refuse to issue the license applied for. (Code 1052, § 5 -45) Secs. 6-76 - 6-105. Reserved ARTICLE 111. INTOXICATING LIQUORS DIVISION 1. GENERALLY Sec. 6 -106. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except, where the context clearly indicates a different meaning: Club means an incorporated organization organized under the laws of the state for civic, fraternal, social, or business purposes; for intellectual improvement; or for the promotion of sports, or a congressionally chartered veterans' organization, which= (1) Has more than 50 members. (2) Has owned or rented a building or space in a building for more than one year that. is suitable and adequate for the accommodation of its members. (3) Is directed by a board of directors, executive committee, or other similar body chosen by the members at a meeting held for that purpose. No member, officer, agent, or employee shall receive any profit from the distribution or sale of beverages to the members of the club or their guests, beyond a reasonable salary or wage fixed and voted each year by the governing body. Intoxicating Aquor and liquor mean ethyl alcohol, distilled, fermented, spirituous, vinous and malt beverages containing more than 3.2 percent of alcohol by weight. Limited nff sale means the sale of vinous or malt liquor in retail stores and in original packages containing not less than 3.2 percent alcohol or four percent by volume and not more than 24 percent of alcohol by volume for consumption off the premises where sold. Off-sale means the sale of liquor in original packages in retail stores for consumption off the premises where sold- On-, means the sale of liquor by the glass or by the drink for consumption on the premises only pursuant to such regulations as the state commissioner of public safety may prescribe. Package and original package mean a corked or sealed container holding Liquor. R st�iurunt 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. bile, soll and sold mean all barters and all manner or means of furnishing intoxicating liquor, including such furnishing in violation or evasion of law. (Code 1082, § 5 - 61) State law reference -- Similar definitions, Minn. Stats. ch. 340A. State law reference — Intoxicating Liquor Act, Minn. Stats. ch. 340A_ Sec. 6-107. Inapplicability. This article does not apply to the following (1) Persons issued licenses by the commissioner of public safety pursuant to Minn. Stats. § 340A.316 for the importation and sale of wine exclusively for sacramental purposes (2) tiledicines intended for therapeutic purposes and not intended as a beverage; (3) Industrial alcohol designed for mechanical, chemical, scientific, pharmaceutical, or industrial purposes} or (4) Nonpotable compounds or preparations containing alcohol. (Code 1982, § 5 - 62) State law reference—Authority for above section and similar provisions, Minn. Stats. §§ 340A.316, 340A.906. Sec. 6 Unlawful sale, furnishing or delivery to certain persons. No person may sell, furnish or deliver in the city intoxicating liquor for any purpose to a person= (1) Under the age of 21 years. (2) Who is obviously intoxicated. (3) To whom sale is prohibited by this Code or other ordinance of the city or by any law of this state. (Code 1982, § 5 - 63) State law reference — Similar provisions, Minn. Stats. §§ 340A.502, 340A.503. Sec. 6-109. Reserved. Sec. 6-110. Sales to be in public view. All sales of intoxicating liquor in the city allowed under this article must be made in full view of the public. (Code 1982, § 5 - 65) Sec. 6-111. Sales made where prohibited. No person may sell intoxicating liquor in the city in a place or in a part of a building where the sales are prohibited by state law or this article. (Code 1982, § 5 - 66) Sec. 6-112. Drinking in public place – outside events. (a) No person may drink intoxicating liquor in a place open to the public within the city, nor may the proprietor or manager of a public place, if it is a building structure, permit such drinking on the premises. (b) This section does not prohibit persons from drinking intoxicating liquor in a building licensed under this article for on - sale sales. However, persons are permitted to drink only in the portion of that building constituting the licensed premises and only within the hours when sales of intoxicating liquors are permitted and for a period of one - half hour thereafter. c) An exception to this section is hereby authorized to allow on - sale license holders to host up to two outside events, pursuant to an application and receipt of a permit therefor, which events may include the drinking of intoxicating liquor, wine, or 3.2 percent malt liquor outside, but upon, their licensed premises. The following apply with respect to such events= (1) An outside event shall mean an individual, distinctive cultural, social, educational or recreational occasion, not exceeding 96 hours total duration and not recurring within the same calendar year. Sec. 6 - 113. License required. (Code 1982, § 5 - 67) (a) It is unlawful for a person to sell intoxicating liquor for consumption at any time or place within the corporate city limits without first having obtained a license as provided in this article. (b) It is unlawful for a person, directly or indirectly, upon any pretense or by any device, to keep for sale or to possess for the purpose of sale intoxicating liquor, without first having obtained from the city a license to sell intoxicating liquor. (Code 1982, § 5 - 68) Sec. 6-114. Tax stamps or labels on containers. (a) It is unlawful for a person to possess intoxicating liquor without proper tax stamps or labels on the container thereof, as required by state law. (b) Nothing in this section prohibits the possession of fruit juices fermented in the home for family use. (c) Fermented malt beverages containing more than 32 percent of alcohol by weight or four percent by volume, having the required amount of tax stamps as required by state law on the container thereof or the case in which the beverages are contained are not subject to this section. d) This section does not apply to intoxicating liquor poured from containers or bottles having thereon the required tax stamps and labels, into a cup, glass or temporary shaker. Possession of liquor in one's own home only of a bottle or container not having state tax stamps thereon is not a violation of this section, if the liquor in the bottle or container was poured from a bottle or container having thereon the required state tax stamps and labels, provided that the bottle or container into which such liquor is poured is not larger than one quart in size. No person may possess more than two such unstamped bottles. (Code 1982, § 5 - 69) Sec. 6-115. Retail sale for beverage purposes of ethyl alcohol or neutral spirits. No person may sell at retail in the city for beverage purposes ethyl alcohol or neutral spirits or substitutes thereof, possessing the taste, aroma, and characteristics generally attributed to ethyl alcohol or neutral spirits. Nothing in this section prohibits the manufacture or sale of other products obtained by the use of ethyl alcohol or neutral spirits as defined in U.S. Treasury Department, Bureau of Internal Revenue, Regulations 125, Article 11, Standards of Identity for Distilled Spirits. (Code 1982, § 5 - 70) State law reference — Similar provisions, Minn. Stats. § 340A.506. Sec. 6-116. Hours of sale. (a) No sale of intoxicating liquor for consumption on the licensed premises may be made= (1) Between 2:00 a.m. (if licensee has a 2:00 a.m. license issued by the state commissioner of public safety) and 8:00 a.m. on the days of Monday through Sunday. (2) On Sundays (b) No Sale of intoxicating liquor may be made by an off - sale licensee= (1) On Sundays; (2) before 8:00 a.m. or after 1000 p.m. on Monday through Saturday; (3) on Thanksgiving Day; (4) On Christmas Day, December 25; or (5) after 8 =00 p.m. on Christmas Eve, December 24. (Code 1982, § 5 - 71) State law reference —Hours and days of sale, Minn. Stats. § 340A.504, Subd. 4. Sec. 6-117. Persons eligible for issuance of licenses. (a) A license under this article may be issued only to a person who is a citizen of the United States or resident alien and who is of good moral character and repute, who has attained the age of 21 years and who is the proprietor of the establishment for which the license is issued. If a corporation or partnership is the owner of the establishment, the license shall then be issued to the primary and acting manager of the establishment and the designated corporate officer or for a partnership a designated partner. The corporation or partnership which is the owner of an establishment shall notify the city within 48 hours if the person licensed as the primary and acting manager of the establishment can no longer perform the duties of a primary and acting manager. This includes but is not limited to reassignment, termination, or demotion. The corporation or partnership shall immediately have the new primary and acting manager apply for a license. (b) The city has the following types of intoxicating liquor licenses= Class A – required to maintain at least 60% annual gross sales in non-liquor related items. Class B – required to maintain at least 30°% - 59% annual gross sales in non -liquor related items. Class C – establishments are exempt from the percentage of gross sales in non - liquor related sales but must meet State Statute requirements for Sunday sales. At the earliest practicable time after application is made for a renewal of an on - sale intoxicating liquor or wine license and, in any event, prior to the time that the application is approved by the Council, the applicant shall file with the city clerk a statement made by a certified public accountant that shows the total gross sales and the total food sales for the preceding 12 -month period beginning January 1 and ending on December 31. A foreign corporation shall also file a current certificate of authority. New license holders are to provide the first full year of sales as soon as is practicable. Exceptions to this are bowling centers and golf courses that are permitted to include in their 60% gross profit receipts, vending machine sales, bowling and golfing activities and other recreational activities and sales including, but not limited to bowling, bowling equipment, golfing, golf equipment, arcade games and billiards. (Code 1982, § 5 - 72; Ord. No. 797B, § 1, 7 - 27 - 1999) State law reference—Similar provisions, Minn. Stats. § 340A.402 Sec. 6-118. Persons ineligible for issuance of license (a) No license required under this article may be issued to a person who has had an intoxicating liquor or nonintoxicating liquor license revoked within five years of the license application. (b) No new license may be issued to and the city council may refuse to renew the license of a person who, within five years of the license application, has been convicted of a willful violation of a federal or state law or a local ordinance governing the manufacture, sale, distribution, or possession for sale or distribution of an alcoholic beverage. The section also applies to current license holders sanctioned pursuant to this article. (Code 1982, § 5 - 72.5) State law reference Similar provisions, Minn. Stats. § 340A.402. Sec. 6 Investigations of on applicants for issuance or renewal of license. (a) The city shall, upon initial application under this article for an on - sale license forward the application to the Police Chief for a background and financial investigation. The application must be in the form prescribed by the state bureau of criminal apprehension and with any additional information as the city council requires. In addition, an investigation may be required prior to renewal of an existing on - sale license when the city council deems it in the public interest. (b) No on - sale license may be issued or renewed under this article if the results of the investigation show that issuance or renewal would not be in the public interest. The findings of the investigation will then be forwarded to the city council for approval or denial. (Code 1982, § 5 - 73) State law reference—Similar provisions, Minn. Stats. § 340A.412, Subd. 2. Sec. 6-120. Location restrictions. (a) No license may be issued under this article for premises located within areas restricted against commercial use through zoning ordinances and other proceedings or legal processes regularly had for that purpose, except that licenses may be issued to restaurants in areas which were restricted against commercial uses after the establishment of the restaurant. (b) No license may be issued contrary to the provisions of any ordinance or any special law restricting areas within which intoxicating liquor may be sold. (c) No license may be issued under this article for premises or places in which the sale or use of intoxicating liquor is prohibited by Minn. Stats. ch. 340A. (Code 1982, § 5 - 74) State law reference--Similar provisions, Minn. Stats. § 340A.412, Subd. 4. Sec. 6-121. Denial of license to person in connection with premises of another. An intoxicating liquor license may not be issued under this article to a person in connection with the premises of another to whom a license could not be issued under Minn. 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, Subd. 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, Subd. 3. (Code 1982, § 5 -76) State law reference Similar provisions, Minn. Stats. §§ 340A.301, Subd. 7, 340A.412, Subd. 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, Subd. 4. Sec. 6 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, Subd. 7. Sec. 6 - 125. Issuance of federal permit as condition to license issuance. No license granted under this article shall be effective until a permit is issued to the licensee under the laws of the United States, if such a permit is required under the laws of the United States. (Code 1982, § 5 - 79) Sec. 6 Responsibilities of licensee for place of business; gambling, prostitution or disorderly conduct; age requirements for employees. (a) A licensee under this article is responsible for the conduct of the licensee's place of business and for conditions of sobriety and order therein. (b) No licensee under this article may keep, possess or operate or permit the keeping, possession or operation of, on the licensed premises or in any room adjoining the licensed premises, a slot machine, dice or any gambling device or apparatus, nor permit any gambling therein. However, gambling devices may be kept or operated and raffles conducted on licensed premises and adjoining rooms when such activities are licensed by the city pursuant to Minn. Stats. ch. 349. (c) The following acts or conduct on licensed premises are unlawful and shall be cause for revocation of the License: (1) to employ or use any person in the sale or service of alcoholic beverages in or upon the licensed premises while such person is unclothed or in such attire, costume or clothing as to expose to view any portion of the female breast below the top of the areola or of any portion of the pubic hair, anus, cleft of the buttocks, vulva or genitals. (2) to employ or use the services of any hostess while such hostess is unclothed or in such attire, costume or clothing as described in subparagraph (1) above. (3) to encourage or permit any person on the licensed premises to touch, caress or fondle the breasts, buttocks, anus or genitals of any person. (4) to permit any employee or person to wear or use any device or covering exposed to view which simulates the breast, genitals, anus, pubic hair or any portion thereof. (5) to permit any person to perform acts of or acts which simulate= a. with or upon another person sexual intercourse, sodomy, oral copulation, flagellation or any sexual act which is prohibited by law. b. masturbation or bestiality. c. with or upon another person the touching, caressing or fondling on the buttocks, anus, genitals or female breast. d. the displaying of the pubic hair, anus, vulva, genitals or female breast below the top of the areola. (6) to permit any person to use artificial devices or inanimate objects to depict any of the prohibited activities 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 genitals or anus. (8) to permit the showing of film, still pictures, electronic reproduction or other visual reproductions depicting: a. acts or simulated acts of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation or any sexual act which is prohibited by law. b. any person being touched, caressed or fondled on the breast, buttocks, anus or genitals. c. scenes wherein a person displays the vulva or the anus or the genitals. d. scenes wherein artificial devices or inanimate objects are employed to depict, or drawings are employed to portray, any of the prohibited activities described above. (d) No person under 18 years of age may be employed in any rooms constituting the place in which intoxicating liquors are sold at retail on - sale, except that persons under 18 years may be employed as musicians or to perform the duties of a busperson or dishwashing services in places defined as a restaurant or hotel or motel serving food in rooms in which intoxicating liquors are sold at retail on - sale. (Code 1982, § 5 - 80) State law reference--Similar provisions, Minn. Stats. § 340A.412, Subd. 10. Sec. 6 Operation of coin amusement devices by minors in barrooms. Coin operated amusement devices may not be used by a person under the statutory age of majority in an intoxicating liquor dispensing barroom in the city licensed under this article. (Code 1982, § 5 Sec. 6 Reserved. Sec. 6-129. Transfer of license; transfer of corporate stock; change of corporate officers (a) No license granted under this article may be transferred from person to person or from place to place without the consent of the city. (b) Where a license is held by a corporation, a change in ownership of ten percent or more of the stock of the corporation must be reported in writing to the city within ten days of the transfer. (c) The transfer of stock in a corporate license shall be deemed a transfer within the meaning of this section, and no such transfer of stock may be made without the consent of the city. It is the duty of the officers of a corporation holding a license issued under the authority of this article to notify the city of any proposed sale or transfer of any stock in such corporation, and no such sale or transfer shall be effective without the consent of the city given in the manner set forth in this section. The transfer of any stock without the knowledge and consent of the city shall be deemed sufficient cause for revocation by the city council of a license granted to such corporation under the authority of this article. (d) Such corporate officers mentioned in subsection (c) of this section must notify the city whenever any change is made in the officers of the corporation. Failure to so notify the is likewise sufficient cause for revocation of a liquor license granted to such corporation. (Code 1982, § 5 - 83) Sec. 6-130. Suspension or revocation of licenses. (a) The city council (a) The city council may revoke the license or permit, suspend the license or permit for up to 60 days, impose a civil penalty of up to $2,000.00 for each violation, or impose any combination of these sanctions on a finding that the license or permit holder has= (1) Sold alcoholic beverages to another retail licensee for the purpose of resale; (2) purchased alcoholic beverages from another retail licensee for the purpose of resale; (3) Conducted or permitted the conduct of gambling on the licensed premises in violation of the law, (4) Failed to remove or dispose of alcoholic beverages when ordered by the state commissioner of public safety to do so under Minn. Stat. § 340A.508, Subd. 3; or (5) Failed to comply with an applicable statute, rule, or ordinance relating to alcoholic beverages. (b) No suspension or revocation takes effect until the license or permit holder has been given an opportunity for a hearing under Minn. Stat. §§ 14.57 - - 14.69, but nothing in this section requires the city to conduct the hearing before an employee of the state office of administrative hearings. Imposition of a penalty or suspension by either the city or the state commissioner of public safety does not preclude imposition of an additional penalty or suspension by the other so long as the total penalty or suspension does not exceed the stated maximum. Imposition of civil penalty does not preclude charging under appropriate criminal statutes by city, county, state or federal agencies. Sec. 6 Temporary liquor licenses for nonprofit organizations. Notwithstanding any other section of this chapter, a club or charitable, religious, or other nonprofit organization in existence for at least three years may obtain an on - sale license to sell intoxicating liquor for consumption on the licensed premises only and in connection with a social event within the city sponsored by the licensee. The license may authorize on - sales on the premises other than premises the licensee owns or permanently occupies. The license may provide that the licensee may contract for intoxicating liquor catering services with the holder of a full year on - sale intoxicating liquor license issued by the city. The fee for such license shall be established by the city council from time to time. The city may not issue more than three four - day, four three six two or 12 one temporary licenses, in any combination not to exceed 12 days per year. State law reference—Similar provisions, Minn. Stats. § 340A.404, Subd. 10. Sec. 6-132. Application for temporary liquor license. Application for a temporary liquor license shall be on forms provided by the city clerk and shall contain such information as specified by the city clerk including the following= (1) The name, address and purpose of the organization, together with the full names and addresses of its officers. (2) The purpose for which the temporary license is sought, together with the place, dates, and hours during which intoxicating liquor will be sold. (3) Consent of the owner or manager of the premises or person or group with lawful Responsibility for the premises. (4) An application must be placed on file when it is received by the city clerk who will forward it to the appropriate staff for review. Temporary liquor licenses for non - profits may be approved by the City Manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. Applicant is required to meet with the police 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 inspection of the premises where applicable. (Code 982, § 5 - 86) Secs. 6 - 133 - 6 Reserved. DIVISION 2. ON -SALE AND OFF -SALE LICENSES 5iz ci?zvision 1. In Gonoral Sec. 6 Established. There are hereby established the following city intoxicating liquor licenses: (1) On - sale. (2) Off - sale. (3) Limited off - sale. (Code 1982, § 5 - 96) Sec. 6 -162. Reserved Sec. 6 - 163. Sunday sales licenses for on - sale licensees. The holder of an on - sale liquor license under this division may apply to the council for a Sunday sales license. The city council may after one public hearing grant an on - sale licensee a Sunday sales license permitting the licensee to sell intoxicating liquor between the hours of 1000 a.m. on Sundays and 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 same application as the on - sale licensee uses to apply for an on - sale license or renewal thereof. If the first application for a Sunday sales license is made before the time for renewing the on - sale license, the clerk may provide for a special supplementary application for the Sunday sales license. No Sunday sales license may be issued to an on - sale licensee unless the licensee operates a restaurant serving meals regularly to the public and having facilities for serving at least 30 diners at the same time. Under a Sunday sales license, liquor may be served on Sundays only to people seated at restaurant or dining room tables. (Code 1982, § 5 - 98) State law reference Authority for above section, Minn. Stats. § 340A.504, subd. 2(2). Sec. 6 -164. Application, payment of fee (a) A person desiring a license to sell intoxicating liquor in the city pursuant to this division shall make a verified written application to the city council and must file it with the city clerk. The application form must require that the following information be given on the application, along with such further information the state commissioner of public safety, the council or the clerk may require: (1) The applicant's full name, date of birth and place of residence. (2) The location of the premises on which the applicant proposes to sell intoxicating liquor and an exact description of the particular place within the building structure where 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 so engaged. The application must be signed and verified by the applicant in person and, if the applicant is a corporation, by an officer Of the corporation. (4) If the applicant is a corporation or club, it must attach a copy 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 of race. (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 1952, § 5 - 105) Sec. 6-165. Investigation of applicant; inspection of premises; council hearing; grant or denial. (a) The city clerk must immediately transmit an application for a license submitted under this division to the police chief for investigation of the applicant. Relevant information will also be forwarded to the fire marshal for inspection of the premises. (b) Upon completion of the investigation under subsection (a) of this section, the police chief or the city clerk shall report the findings to the city council at a public hearing on the application held according to law. (c) The city council must either grant or deny the application for a license under this division after the public hearing is held under subsection (b) of this section. (Code 1982, § 5-106) State law reference — Investigation of on - sale license applicants, Minn. Stats. § 340A.412, subd. 2. Sec. 6 Surrender of on 3.2 percent malt beverage license before issuance of off 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. (c) If an on - sale license is granted under this division, of the city council must direct the clerk to issue the license whenever the bond required by this division has been approved by the council. (Code 1982, § 5 -107) State law reference —Off - sale intoxicating liquor License prohibited for place where nonintoxicating percent malt beverages sold for consumption on premises, Minn. Stats. § 340A.412, Subd. 12. Sec. 6 Effect of denial. Should the application for a license under this division be denied, the city clerk shall 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) (a) No off - sale license required under this division shall be granted until a bond in the sum of $1,000.00 shall be furnished and approved by the state commissioner of public safety and filed with the proper city officers. (b) The surety on the bond required by subsection (a) of this section shall be a surety company duly licensed to do business in the state, and the bond shall be approved as to form and execution by the state attorney general. (c) All bonds required by subsection (a) of this section, when approved by the proper city or state officer, shall be deposited as directed by the commissioner of public safety. (d) All bonds required by subsection (a) of this section, for an off - sale license, shall be conditioned as directed by the commissioner of public safety. (Code 1982, § 5 - 109) Sec. 6-169. Ineligibility of certain premises. (a) No off - sale license shall be issued under this division for premises located 1,000 feet from an existing off - sale premise. Licensed premises that fall within 1,000 feet of each other before November 1, 2006 shall be exempt from the 1,000 foot requirement until that time that the licensed establishment is sold for a purpose other than an off - sale liquor store. (Code 1982, § 5 - 110) State law reference— Authority for above section, Minn. Stats. § 340A.412, Subd. 4. Sec. 6 Duration. All licenses granted under this division expire on December 31 of each year. (Code 1982, § 5 111) Sec. 6-171. Extent of licensed premises. Except as authorized in section 6 -112, no on - sale or off 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 Training Within six (6) months of the initial issuance of a new on - sale, off liquor license or a new wine license, not less that 75% of the employees authorized to serve or sell wine or liquor on the licensed premises shalt have completed an alcohol awareness program approved by the police chief. Existing on - sale, off - sale liquor license or wine license holders shall within three (3) months of the passage of this ordinance complete an alcohol awareness program approved by the police chief. The employees authorized to serve or sell alcoholic beverages on the licensed premises shall annually complete an alcohol awareness program approved by the police chief. Secs. 6-173 - 6-190. Reserved. Subdiv sior2 IL ,S`pecial ("Jub Licenses Sec. 6 - 191. issuance. An on 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.101 Subd.7 Sec. 6-192. Sales limited to members only. 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) Sec. 6 - 193. Fee and application. 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 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 liquor license (Code 1982, § 5 - 102) Sec. 6 - 194. Applicability of other sections. 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) Secs. 6-195 - 6-220. Reserved. DIVISION 3. ON -SALE WINE LICENSES* Subdivision L In GO- 120"v] Sec. 6-221. Definitions. 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 by volume, for consumption on the licensed premises only, and in conjunction with the sale of food. I4olders of an on - sale wine license are permitted to sell intoxicating malt liquor without an additional license. State law reference On - sale wine licenses, Minn. Stats. § 340A.404, Subd. 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. ,5oatingmeans 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. Stats. §§ 340A.101, Subd. 25, 340A.404, Subd. 5. Sec. 6-222. Required; exceptions. No person, except wholesalers or manufacturers to the extent authorized under state license, the municipal liquor dispensary and those having an on 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 Sec. 6 Issuance only to restaurants. On - sale wine licenses shall be issued only to restaurants meeting the requirements of this division. (Code 1982, § 5 - 128) State law reference City may issue on - sale wine licenses only to restaurants having facilities for seating at least 25 guests at one tune, Minn. Stats. § 340A_404, Subd. 5. Sec. 6 - 224. Number unlimited. An unlimited number of on - sale wine licenses may be issued under this division. (Code 1982, § 5 - 129) State law reference — Authority of city to issue on - sale wine license to any restaurant having facilities for seating at least 25 guests at one time, Minn. Stats. § 340_A.404, Subd. 5. Sec. 6 - 225. Fees and application. (a.) The annual license fee must be paid in full before an application for a license required under this division is accepted. Notification on the application shall indicate applicant's intention to sell intoxicating malt liquor. (b) Upon rejection of any application for a license under this division or upon withdrawal of an application before approval of the issuance by the city council, the license fee must. be refunded to the applicant. (c) Where a new application is filed as a result of the incorporation of an existing licensee and the ownership, control and interest in the license under this division are unchanged, no additional license fee will be required. (Code 1952, § 5 Sec. 6 Approval by state. Licenses issued pursuant to this division shall not be effective until approved by the state commission of public safety. (Code 1982, § 5 - 131) State law reference Similar provisions, Minn. Scats. § 340A.404, Subd, 5. Sec. 6-227. Sale of intoxicating malt liquors with an on wine license. A holder of an on - sale wine license issued pursuant to this division whose gross receipts are at least 60 percent attributable to the sale of food, is permitted to sell intoxicating malt liquors at on - sale without an additional license. Sec. 6- 230. Duration. All licenses issued under this division expire on December 31 of each year. (Code 1982, § 5 134) Secs. 6 231 ---6 - 250. Reserved. Subdivision IL Temporary Wino �ICenses Sec. 6-251. Issuance to nonprofit organizations. Notwithstanding any other section of this chapter, a bona fide nonprofit charitable, religious or veterans` organization may obtain an on license to sell wine not exceeding 14 percent alcohol by volume and intoxicating malt liquor for 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 - day, four three six two or 12 one temporary licenses, in any combination not to exceed 12 days per year. State law reference--Similar provisions, Minn. Stats. § 340A.410 Subd. 10 Sec. 6 - 252. Application. Application for a temporary license under this subdivision shall be on forms provided by the city clerk who will forward it to the appropriate staff for review. Temporary wine licenses for non - profits may be approved by the City Manager or his designee and may be forwarded to the city council for approval at his discretion or if the applicant has failed an alcohol compliance check. The clerk will also forward the application to the fire marshal for inspection of the premises where applicable. Such information shall be 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 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 Secs. 6 - 6 Reserved. DIVISION 4. BOTTLE CLUBS* Sec. 6 Definitions. 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 c1uh means a club, as defined in Minn. Stats. § 340x.101, Subd. 7, or an unincorporated society which, except for its lack of incorporation, otherwise meets the requirements of a club, as defined in Minn. Stats. § 340A.101, Subd. 7, and which is not licensed for the sale of intoxicating liquor, either on - sale or off - sale or both. (Code 1952, § 5 - 146) State law reference Similar provisions, Minn. Stats. § 340A.414, Subd. 2. Sec. 6-282. Storage and labeling requirements for intoxicating liquors; age requirement to store, consume, display intoxicating liquor. (a) A bottle club holding a permit issued under Minn. Stats. § 340A.414, Subd. 2, may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. A bottle club or any unincorporated society which has more than 50 members and which has, for more than a year, owned, hired, or leased space in a building of such extent and character as may be suitable and adequate for its members and which holds a permit issued under Minn. Stats. § 340A.414 may allow members to bring and keep a personal supply of intoxicating liquors in lockers on the club's premises. Every bottle, container, or other receptacle containing intoxicating liquor stored by a member must have attached to it a label signed by the member of the chub. 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) It is unlawful in the city for a bottle club or for a business establishment, directly or indirectly, or upon any pretense or by any device to allow the consumption or display of intoxicating liquor or the serving of any liquid for the purpose of mixing of intoxicating liquor without having first obtained a permit. therefor. Such permit may be issued by the state commissioner of public safety, after approval by the city council and the payment of the local license fee imposed by the city council, pursuant to Minn. Stats. § 340A.414, subds. 5 and 6, for a period of one year to expire on July I next following issuance of such license, and the license must be renewed annually on July 1. The application for such permit must be made to the state commissioner of public safety. (Code 1082, § 5 -148) State law reference Similar provisions, Minn. Stats. § 340A.414, subds. 5 and 6. Sec. 6 Annual license fee. Whenever a person owning or operating a private club or public place in the city applies for a permit from the state commissioner of public safety pursuant to Minn. Stats. § 340A.414, Subd. 6, the applicant must obtain the approval of the city council and must pay the city a local license fee as set by the council from time to time for any one year or any part thereof, expiring on the subsequent July 1 next following the issuance of the license. The permit, council approval and local license fee payment must be renewed annually on July 1_ If such permit is applied for by a nonprofit organization or by a governmental unit, the operation of which is determined by the council to be of civic benefit to the city, the council may approve the issuance of a permit to the nonprofit organization or governmental unit at an annual local license fee of not less than a fee per year as set by the council from time to time, provided that the permit, is for less than five days per year. (Code 1082, § 5 - 149) State law reference — Authority conferred upon city council to impose a local license fee not exceeding $300.00 per year on bottle clubs holding state permits, Minn. Stats. § 340A.414, Subd. 6. 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 100 a.m. and 800 a.m. on Monday through Saturday; between 1 =00 a.m. and 3 =00 p.m. on Memorial Day> or between 1:00 a.m. and 8:00 p.m. on any state or city primary, special or general election day held in the city. (Code 1982, § 5 - 150) State law reference — Similar provisions, Minn. Stats. § 340A.411, subds. 5 and 6. Sec. 6 Inspections. 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 t.be commissioner, the commissioner's representative or a peace officer to enter and inspect the premises is a violation. (Code 1982, § 5-15]) State law reference Similar provisions, Minn. Stats. §§ 340A.414, Subd. 7, 340A.907. Sec. 6 Restrictions on permit approval by council. 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. § 340AA11 See. 6 Inapplicability of division. 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. § 340AA14. See. 6-289. Violations. A violation of this division is a misdemeanor, and any violation of section 6 is grounds for the revocation of such permit by the state commissioner of public safety. (Code 1982, § 5 -154) State law referent Similar provisions, Minn. Stats. § 340 k W 1. See. 6-290. Seizure and disposal of intoxicating liquor sold, served or displayed 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, Subd. 1. Sees. 6-291 - 6-315. Reserved. Agenda Item H1 TO: City Manager FROM: Ken Roberts, Planner SUBJECT. South Maplewood DATE: October 31, 2006 INTRODUCTION MEMORANDUM Development Moratorium Ordinance 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. On October 23, 2006, the city council gave a first reading to a moratorium ordinance for the area of Maplewood south of Carver Avenue. In addition, the council decided to schedule a public hearing on November 13, 2006. The purpose of the hearing is to give property owners in the area and other interested parties a chance to comment on the proposed moratorium and to give the proposed ordinance second reading. 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 R -1(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 - severed 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) and F (farm residence). 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. Mr. Jensen submitted a complete rezoning request for his site (from R- 1(R) to R -1) on October 12, 2006. Depending on the council's decision about the moratorium and his property, staff is expecting to receive 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 second reading. This ordinance outlines the purpose and area of the proposed moratorium. As a part of this 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. 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 seven.) 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 Attachment 1 Pleasantvie Park c� G r' } e v . � t F Cf Z r W 5; Open Space z V er v� 4 r ?} } r r { Opera Space Open s ; 4 O pen Space r.s Si Y LOCATION MAP 7 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 16 Attachment 10 11.1 17 Attachment 11 iVA UIRM. li - -MEEK ORDINANCE NO. AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND FOR DEVELOPING LAND USE AND ZONING STANDARDS AND LAND USE PLANNING 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 all the land south of Carver Avenue in Maplewood (refer to the South Maplewood Study Area map for the location) that the city has zoned F (farm residence) and R- 1(R) (rural residential). The Maplewood City Council ordains: SECTION 1. PURPOSE 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 (including sewer and water) - Building setbacks - Open space connectivity - Existing city and county public land uses - Mississippi River Critical Area - Mississippi National River and Recreational Area (MNRRA) - Metropolitan Council Requirements and Land Planning Guide Book - Pedestrian flow and safety - Parking - Historical features - Topography - Wetlands, ponding and other water features - Storm -water systems and management requirements - Housing density - Financial impacts on the city - Street patterns and traffic flows - Watershed District Requirements - MnDOT Highway and Traffic Plans - Preservation of the existing life -style 10 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 comprehensive plan and to the city's zoning ordinance, zoning map and land use map for the area south of Carver Avenue. 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 affects 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 that the applicant alleges to exist and shall demonstrate that the proposed subdivision or development is compatible with existing or proposed land use and zoning. 19 C. The city will submit the application to the planning commission for their review and recommendation to the city council. 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 H2 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Public Hearing for Manufactured Home Park Closing —St. Paul Tourist Cabins LOCATION: Frost Avenue and East Shore Drive DATE: November 6, 2006 INTRODUCTION On July 25, 2006, the owners of the St. Paul Tourist Cabins and Manufactured Home Park notified their residents that they would be closing the Park in nine months (refer to the attached notice). Minnesota State Statute #327c.095 (manufactured home park closing) required this nine -month notification to Park residents. State Statute Provision The governing body of the municipality shall hold a public hearing to review the closure statement and any impact that the park closing may have on the displaced residents and the park owner. Before any change in use or cessation of operation and as a condition of the change, the governing body may require a payment by the park owner to be made to the displaced resident for the reasonable relocation costs. If a resident cannot relocate the home to another manufactured home park within a 25 mile radius of the park that is being closed, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents. The governing body of the municipality may also require that other parties, including the municipality, involved in the park closing provide additional compensation to the residents to mitigate the adverse financial impact of the park closing upon the residents. The state statute is attached. Purpose of Public Hearing The purpose of this public hearing is for the city council to consider the financial impact on the displaced manufactured -home residents at the St. Paul Tourist Cabins. The statute states that the city council may determine whether a payment should be made to the displaced residents, and if a payment is required to establish that amount. City staff published and mailed a notice for this public hearing more than 10 days prior to the scheduled hearing of November 6, 2006. Refer to the attached pubic hearing notice. BACKGROUND The Park originally had 50 residential units which included 18 cabins and there were 32 manufactured homes. I spoke to Bart Montanari, of Dabar Companies, the park purchaser. Mr. Montanari said that he has been buying out the manufactured homes from Park residents. He has purchased all but three of the manufactured homes and has paid a range of $750 to $10,000 for these manufactured homes. The average amount he has paid for the 29 purchases so far is $3,000. DISCUSSION Relocation Costs Staff asked the city attorney for a clarification as to how the amount of relocation costs must be determined. The statute says this is to be "based upon an average of relocation costs awarded to other residents." In this context "awarded" means awarded by the city as determined through the public hearing process. The buyer of the Park, Mr. Montanari, has already negotiated on an individual basis for buyouts and relocation costs. There has been no "award" established by the city for payments that can be averaged. Staffs suggestion is that the city council applies the average of Mr. Montanari's previous buyouts as a minimum for the remaining three homes. It may be that the remaining homes are of low value or they could be of a much higher value than those already purchased. The city council could consider applying a guideline of a $3,000 average as a starting point for Mr. Montanari in these remaining negotiations. RECOMMENDATION Conduct the public hearing to review the closure statement and any impact that the park closing may have on the remaining displaced residents of the manufactured homes at the St. Paul Tourist Cabins. Determine the amount of the payment to be made to the displaced residents for their homes and any relocation costs. p:com_dvpt \gladstone \tourist cabins closing memo #2 11 06 Attachments: 1. Location /Zoning Map 2. July 25, 2006 Park Closing Notification 3. Minnesota Manufactured Home Park Closing Statutes 4. Public Hearing Notice FROST AVE L-J U CL z w FENTON AVE z w < SOPHIA ST Location & Zoning Map St Paul Tourist Cabins & Manufactured Home Park Frost Avenue w i j L-J U CL z w FENTON AVE z w < SOPHIA ST Location & Zoning Map St Paul Tourist Cabins & Manufactured Home Park Frost Avenue St. Paul Cabins Attachment 2 250 1 Lowry Avenue NE St. Anthonv, NINT 55418 St. Paul Cabins, LLP the owner of St. Paul Cabins hereby gives notice that St. Paul Cabins is to be closed. The park will cease operation nine months from the date of this Notice, or sooner if all residents are relocated. manufactured housing within a 25 mile radius of St. Paul Cabins. The results of that survey are in the spreadsheet attached to this Notice. ,Pub This Notice is being provided to a resident of each manufactured home in St, Paul Cabins and to the City of Maplewood, The city will hold a public hearing on the Park closing. Notice of that hearing will be mailed to a resident of each manufactured home. Minnesota Statutes 2005, 3270 O95 Page I of 4 FWAIMITIOMIM] Vhmeso!a ,, talutes 005 Tahleofc'hnqer Fahl c of Conten � .3 1 r 7C Subdivision 1. Conversion of use; minirm3m notice. TAt month:, before the conversion of all cr a port of a manufac.tured home park to another use, or before closure of A- manufactured home park or cessation of use of the ":and as :1 manufactured home park, the park owner must preparf! a cio. statement and provide a copy to the local planning agency any' a copy to a resident- of each manufactured home where the r. C i;-s #::: Is be - ng conver,-. A 3rd„ may not be � 'z A es .i n q. ired to vacate until 60 days after the conclusion of the public hearing required under subdivision 4. If a lot is ovaiAable in another section of the park that will. continue_: to be operated as a park, the park owner must allow the resident to relocate the home to that lot unless the home, because of its sire or local ordinance, is not compatible with, that lot. subd. Notice of hearing; proposed change in land 'Use. If the planned conversion or cessation of operation requires a variance or zoning change, the municipality must mal_l a not-ice at least ten days before the hearing to a resident of ea^h ri:i,nufactured home in the park stating the time, an purpo6r! of the public hearing. The park owner shall provide the municipality with a list of the names and addresses of at least one resident of each manufactured home in the park at the time application is made for a variance or zoning change. Subd. 3. Closure stat nt. Upon recei of the closure statement from the park owner, the local planning agency stall submit the closure statement to the governinq body of the municipality and request thie governing body to schedule a puce hearing. The municipality must mail a notice at least ten days before the hearing to a resident of each manufactured home in park stating the time, place, and purpose of the public hear'.nq. The park owner shall provide the municipality with a list of the names and addresses of at least one resident of each manufactured home in the park at the time the closure statement is submitted to the local planning agency. Sued. 4. Public hearing; relocation costs, The governina body of the mi-2nicipalitv shall hold a public hearing to review the closure statement and any impact that the park closing may have on the displaced residents and the park owner. Before any change in use or cessation of operation and as a condition of the change, the governing body may require a payment by the park owner to be made to the displaced resident to.r - he reasonable relocation costs, If a resident cannot re the home to another manufactured home park within a 2 mili- radius of the park that is being closed, the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents. The governing body of the municipality may also require that other parties, includinq the municipality, involved in the http: Hros, leg, m n/stals/3 27C/095 . htm 1 111312006 Nfirinesota Statutes 2005, 3270,095 Page 2 of 4 park closing provide additional compensation to residents to mitigate the adverse f-'nanci-al impact of the park closing upon the residents. Park conversions. - i k . T� t '-is planrlOd CeSSa . t - Dn of r-�ratj_on is for the purpose of- converting Lh( part o the ca-IX OCCUPled by the resident to a cormtOn interest corenunit rcv i s i o n s o s,, :. !:.i c n excepl- subsecl.ion (a) shdl."L apply. The nine--month notice required by this section shall state that the cessation is for the purpose of conversion and shall se~_ forth the rights r" f 7 r red b v r 11 i ubd I v 4 r , o n (b). Not less than 120 days b(_, the end of the r =nom months, the park owner shall serve upon the resident a form of puicl se agreement setting forth the terms of sale contemplated by i o n : S e r v I c iz,;L 7 :1 1 S 1 ri i A a s th e= n i c I fis i heel 10 n s se Subd. 6. intent to convert use of park at time of purchase- Before the of an to purchase a manufactured home park, the purchaser must notify the par: owner, in writing, if the purchaser intends to close the 1 u� ar., park or cavert it to another use Cn_ y c the execution of the acreement. T'he park owner 1 1 r r ov d a resident of each manufactured horie:- with a 45 -d; wri tten notic- of the purchaser's intent to clo:x;e the park or convert it to another use. The- notice must state that the park owner will provide information on the cash price and the terms d ccTid�t_ors of the purchaser's offer to rezlj_d requesting format.on. The notice must be sent by first class ma t a resident of each manufactured home in the park. The notice period begins on the postmark date affixed to the notice and ends 45 days after it begins. During the notice period required in this subdivision, the owners of at least 51 percent of the m homes in the par,, or a nonproLLz- craanizati.on w1L.(_',i the wriL Permission of the owners of at least 51 Percent of the manufactured homes in the park to represent them in the acquisition of the park shall have the right to mer thc cash price and execute an agreerrit to purchase the park for the purposes of keeping the park as a manufactured housing Co ty. The park owner must zaccept the offer ir it mec!ti:j ttle cash pri- and the same terms and conditions set forth in the purch�a�ser ofte-r except that the seller is not obligated to provide owner financing. For purposes of this section, cash price means the cash price offer or equivalent cash offer as ti`' L i Z5-�,-�7t 1 sub 1, par—In. ,, h Subcd. - Y. Intent to convert use of park after purchase. If the purchaser of a manufactured home par': decides to convert the park to another use within one year after the pu.nchas :,, of the park, the pure riaser must ot4f 6—o --- f park f - by the residents of the park. For purposct. of this subdalvis the date of purchase is the date of the transfer of th(o title to the purchaser. The purchaser must provide resident of each manufactured home, with a written not'ice 0 1- he intent to close the park and all of the owners of at least 5. percent of the manufacturtvd homes in the par'.: or a nDnprof _t tax g,in.l , ,-ion which has tlho written permiSS-on of the ownt~I_Za of at least 51 percent of fl manufactured homes in the park to http:,/iros.leg.mn/stats/327C/095.htm 11/3/2006 Minnesota Statutes 2005, 327C.095 Page 3 of 4 represent their, in the acquisition of the park shall have 45 days to Qz- an agreement for the purchase of the park at a cash price . equal to the original purchase price paid by the purchaser any documented e pen r relating to the acquisition and improvement of the park property, together with any increase in va'lue due to appreciation of the park. The purchaser must execute the purchase agreement at the price specified in this subdivision and pay the cash price within 90 days of the date of the purchase agreement. The notice must be sent by first class to a resident of each manufactured home it the park. notice period begins on the postmark data affixed to the notice and ends 45 days after it begins. Subd. S. Required filing of notice. Subdivisions 6 and 7 apply to manufactured home parks upon which notice has been recorded with the count recorder or registrar of tit_ in 'zhe county where the manuf,: home park is located. An le:tson may file the notice required under this subdivision With county _recorder or registrar of titles. The notice must be in the foi-Lowing form: "MANUFACTUPED HOME PARK NOTICE THIS PROPERTY IS USED AS A PLANUFACTURED HONUE' PARK LEGAL DESCRIPTION OF PARK COOPERATIVE AS SQCT ATION (IF AL'1'i_._!CA_SLE)" Subs. 9. Effect of noncompliance. If a manufactured home par is finally sold or converted to another use in violation of subdivision 6 or 7, the residents do not have any continuing right to purchase the park as a result of that sa]'c. Or conversion. A violation of subdivision 6 or 7 is subject to all 1--e I imi t t h • - i t tl Le�ief sh cuestions of marketability of title shall.' noll be afforted. 5ubd. 10. Exclusion. Subdivisions 6 and 7 do not apply to k ; t - , a cDnvey oa ar interest in a manufactured home park incidental to the tinancing of the manufactured home park, (2) a conveyance by a mortgagee subsequent to foreclosure of a mortgacle or a deed q_*ven in 'Lieu of a foreclosure; or (3 a purchase of a manufactured home park by a governmental entity under its power of eminent domain, http: /,Iros.leg.mn/stats/327C/095,html 11/312006 Minnesota Statutes 2005, 327C.095 Page 4 of 4 11. Affidavit of compliance. a park is sel%_' a park, owner or ct'_vr person with personal knowli may record an atfidavi' with the county recorder or registrar of titles in the county in which the nark, is located ceruifvinu compliance with subdivision 6 or 7 or that subdivisions 6 and 7 are not applicable. The affidavit may be used as proof of the -ac- - 5 sta i n t aff A peE5on acquirinq an - r.tere-zt- or a park or a t-L! insurance company attorney who prepares, or examines evidence of title may rely on the truth and accuracy of statements made in the affidavit and is not required to inquire further as to the park owne-r's complianc with subdiv:sions 6 and -. When an affidavit is recotded, the t' to Purchase pr ovided untie_ ' subd 6 and teriainat�., and if re iistere- property, t registrar of titles shall delete memorials of the notice and affidavit from future certificates of title. HIST: 1987 c I79 s 10; 1991 c 26 s 1-7; 1997 c 126 s 6; 1999 c 11 art 3 s 1�'); c 4 s 62, 63 Copy-right 2 b]Y' the Office of Revisor of Statut"es, State jt Nlinresota. hupWros. leg. nin/stals/ s/3 27C/095. 1 1 /' )/2006 Minnesota Statutes 1 -005, 327001 Page I of 2 'v I I } 1 a ies o t a S , 'a 1 � j t e ,, 2 j (') I ?" ,hal e o t ('' t � a p t e r -� 'I ah I C (1)1 1 Cna pler 3`7C 1'�Iher in Terms n the terms defined I — xi n thi� sei ha%— a the meanings given them. Subd. Ia. Closure statement. "Closure statement" me ns a statement preparv by '-1-u park owner clearl nilrk is c: using, addressing the availability, and potcnt.i-al costs at a-dequate replacement housing with a -'n , 25 mile radius of --he park that is closing and the Probable relocation costs of the manufactured homes located in the park. u b -d . l ". Displaced resident. resident" a residonL of an ownt,- occupit-"u r1miufac tune d home who i:,,-nts a lot in a manufactured home park, including the members of the resident's household, as of the date the park owner submits a closure statement to the local planning agency. sul:Cll, 1c. Resident copy; shelter plan attached. ,- with rental agreements signed on August 1994, or after, the park owner shall give a copy of the signed rental agreement to each resident with a copy of the ovacuat-lon or shelter plan attached. In addition, for emisting leases, by August 15, 1994, the park owner stall provide each resident with a copy of the park evacuation or shelter Plan. Subd. 2. In park sale. "In park sale" means the sale of a manufactured home owned by a park resident and located in a manufactured home park, after which sale the home -remains in the p ar', . Subd. 3. Lot. "Lot" means an area manufact home park, designed c- used for the accoirimodatior. o I - a manufactured home. Manufactured home. Ninuf•-ctur-d he-m,-" -indi the meaning sPec in section subdivision 12. 5, Manufactured home park, "! Lac urea and "PaLk h,. t meaning := 'r• in sectir-m subdivision 3, but do not include facilities which are open D n], y during three or fewer seasons c of the year. sulid. 6. Park owner. "Park owner" means the owner o a manufactured home Par] and any person acting on behalf of the owner in the ol)eration or management of a park. Subd. - /. Person. "Person" means any individua. corpc)ra?.Jon, firm, partnership, incorporated and unincorporated associa` ion, or any other legal or commercial entity. Subd. 7a, Planning agency. "Planning agency" means http 11/3/2006 Minnesota Statutes 2005, 3270.01 Page 2 of 2 - -I - .e pl- commission or the planning department of a municip - 5 J�flned in section _h( pleunizlg and zoning 101" la fir. t a ur. t as detint—I in se-cti-,n or -it the. municipality does not have a planning agency, the governing body of the municipality. Subd. 8. Reasonable rule. "Reasonable rule" means a park rule: (a) tit 1Ch j-s &:' s,i,gned to promote the convenience, catety, or .seIfare of the residents, promote the good appearance. ar-I facilitate the efficient operation of the park, protect and preserve the park premises, or make a fair distribution of services and facilities; (b) which is reasonably related to the purpose for which .it is adopted; (c" which is not retaliatory or jn4ustifiabiy discriminatory in nature; and (d) wh- Is sutfic.i.en e. In prohibition, dIT.e or limitation of oonducl to fairly inform the rt: sident of w-nat to do or not to do to comply. Subd. 9. Resident. "Resident" means an owner of a manufactured home who rents a lot in a manufactured home park and includes the members of the resident's household. Subd. Resident association. "Resident association" means an crqanization that has the written permission of the owners of at least 51 percent of the manufactured homes in the park to re present them, and which i� organized for the purpose - of resolving matters relating to living conditions in the manufactured home park. S ub J 2. Rule means any renta-! agreement provision, regulation, rule or policy through which a park o controls, affects or seeks to control or affect the behav-'o-- of residents. Subd. 11. Substantial modification. "Substantial Modi fi Cca f, �. on means any change i a rule which (a) significantIv diminishes or el any material obligation of the park owner; (b) significantly diminishes or eliminates any mater- right, privilege or freedom of action of a resident; or (c) involves a significant new expense for a resident. subd 12. Utility service. 'TI'Ll -i'-V ;5e-rViCC--" MedFS any electric., fue.1 oil, natural or propane gas, secret, waste disposal and water, service by whatever means furnished. HIST: 1982 c 526 art 2 5 1; 1986 c 4447 19E c 1'79 s 1-3; 1992 c 511 art 2 a 32; 1.994 c 592 a 3 Cop 2005 by the Office of Revisor cf Statutes, State of Minnesota. http I,htmI 11/3) UV - mt U, 71-T, ZA I ME M KAIN '11 US IUM 1 Cabins M.H.P. The City of Maplewood will hold a public hearing to review the closing of the St, Paul Tourist Cabins Manufactured -Home Park-, The St. Paul Tourist Cabins site is located at the southwest corner of Frost Avenue and East Shore Drive. The owner, St. Paul Cabins, LLP, sent all park residents a Notice of Park Closing on July 25, 2006, that the park would close in nine months from that date, Refer to the attachments, The city is required by state law to: "hohl a Inihhe hecifing to revjevt� the closilre statement crud anjIj it Oita the p( clo.s;ing r ny 1kive on the dispdaced resitlents (Inel the p4irk owner. " The public hearing also includes Review of Reasonable Relocation Cost for displaced residents: • The governing body may require a payment by the park owner for reasonable relocation costs. 0 If a resident cannot relocate the home to another manufactured home park within a 25 mile radius of the park i , the resident is entitled to relocation costs based upon an average of relocation costs awarded to other residents, The Maplewood City Council will hold this public hearing on Monday, November 13, 2006 at 7:00 p.m. or later in the Maplewood City Council Chambers located at 1830 County Road B East. All interested parties may present their views orally or in writing. Sign Ianuuaue interpreters are available. You must request this service at least 96 hours in advance Call the City Clerk at 651 -249 -2001 to arrange this service. Assisted Listening Devices are also available. Please check in advance with the City Clerk for availability. To discuss this matter ors additional information about this Public Hearing, please contact Torn Ekstrand Senior Planner. City of Maplewood, at 65 1 -249 -3X12 or by email ,at t; %m 0 strKAd4'1 Cl, M "Im T'r" AGENDA NO. 1 -1 AGENDA REPORT TO: City Council FROM: Interim Finance Director RE: APPROVAL OF CLAIMS DATE: November 13, 2006 Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 1,111,969.61 Checks 4 71125 thru # 71179 dated 10!16106 thru 10/24/06 $ 138,528.94 Disbursements via debits to checking account dated 10113106 thru 10/19/06 $ 148,861.16 Checks # 71180 thru # 71230 dated 10/25/06 thru 10/31/06 $ 302,088.39 Disbursements via debits to checking account dated 1012012006 thru 10/26/2006 $ 807,840.37 Checks # 71231 thru # 71280 dated 11/01/06 thru 11/07/06 $ 125,678.08 Disbursements via debits to checking account dated 10127/06 thru 11/02/06 $ 2,634,966.55 Total Accounts Payable PAYROLL $ 555,275.13 Payroll Checks and Direct Deposits dated 10/20/06 $ 2,305.25 Payroll Deduction check 4 1000156 thru 4 1000157 dated 10/20/06 $ 458,779.27 Payroll Checks and Direct Deposits dated 11/03/06 $ 2,305.25 Payroll Deduction check # 1000268 thru # 1000269 dated 11103/06 $ 1,018,664.90 Total Payroll $ 3,653,631.45 GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651- 249 -2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. ds attachments S:ICTY_CLRK\Agenda Lists and Reports 20061Agenda Reports\1 1 -1 3 -06111 Approval of Claims.xls Check Register City of Maplewood Check Date Vendor 71125 1011612006 03748 JEFF GARROW 71126 1011912006 01284 POSTMASTER 71127 10124/2006 00519 FLEXIBLE PIPE TOOL CO. 10/24/2006 00519 FLEXIBLE PIPE TOOL CO. 71128 1012412006 01337 RAMSEY COUNTY -PROP REC & REV 10124/2006 01337 RAMSEY COUNTY -PROP REC & REV 71129 10/24/2006 01360 REINHART FOODSERVICE 71130 10/24/2006 01504 CITY OF ST PAUL 1012412006 01504 CITY OF ST PAUL 1012412006 01504 CITY OF ST PAUL 71131 10124/2006 01546 SUBURBAN SPORTSWEAR LLC 71132 10124/2006 01798 YOCUM OIL CO. 71133 1012012006 03729 KNAAK & KANTRUD PA 1012012006 03729 KNAAK & KANTRUD PA 71134 10/24/2006 01936 CHAD BERGO 71135 10/24/2006 03738 BETHEL & ASSOCIATES, PA 71136 1012412006 00230 BRYAN ROCK PRODUCTS, INC. 71137 1012412006 03749 RAYMOND COLOSIMO 71138 10124/2006 00460 CRETEX CONCRETE PRODUCTS NORTH 10/24/2006 00460 CRETEX CONCRETE PRODUCTS NORTH 1012412006 00460 CRETEX CONCRETE PRODUCTS NORTH 71139 10124/2006 03217 DELANEY COMPANY LLC 71140 10/24/2006 03576 EUREKA RECYCLING 71141 10/24/2006 02396 SHANN FINWALL 71142 1012412006 01401 FIRST STUDENT INC 1012412006 01401 FIRST STUDENT INC 10124/2006 01401 FIRST STUDENT INC 10124/2006 01401 FIRST STUDENT INC 1012412006 01401 FIRST STUDENT INC 1012412006 01401 FIRST STUDENT INC 10/24/2006 01401 FIRST STUDENT INC 10/24/2006 01401 FIRST STUDENT INC 71143 1012412006 00526 FOREST LAKE CONTRACTING INC 71144 1012412006 03303 MYCHAL FOWLDS 10124/2006 03303 MYCHAL FOWLDS 71145 10/24/2006 02481 PETE FRANK 71146 1012412006 02252 JAMES E GERHOLDT 71147 10124/2006 02237 IMPERIAL IMPRESSIONS 71148 10/24/2006 02995 INTEGRATED LOSS CONTROL INC 71149 10/24/2006 03750 JACOB WETTERLING FOUNDATION 71150 1012412006 00748 CAROL JAGOE 71151 1012412006 01894 KELLY & FAWCETT PA 71152 10124/2006 00857 LEAGUE OF MINNESOTA CITIES 71153 10124/2006 00925 MAJESTIC SERVICES INC 1012412006 00925 MAJESTIC SERVICES INC 71154 1012412006 01060 MN STATE FIRE CHIEFS ASSOC 71155 10/24/2006 01100 MONROE SYSTEMS INC 71156 10/24/2006 01961 NEXTEL COMMUNICATIONS 71157 1012412006 01175 CITY OF NORTH ST PAUL 71158 1012412006 02159 NORTHEAST FAMILY YMCA 71159 10124/2006 03752 ERIK OHLSON 71160 10/24/2006 00001 ONE TIME VENDOR 71161 1012412006 00001 ONE TIME VENDOR 71162 10/24/2006 00001 ONE TIME VENDOR 71163 1012412006 00001 ONE TIME VENDOR 71164 10124/2006 00001 ONE TIME VENDOR 71165 10/24/2006 01222 ANDREA OSTER Description Amount PROJ 04 -15 REIMB FOR GARAGE DOOR POSTAGE - ABSENTEE BALLOTS SEWER HOSE ROD GUIDE HOSE ASSEMBLY ELECTION VOTING SYSTEM NATIVE SHRUBS & TREE MCC PANCAKE BREAKFAST RADIO SERVICE & MAINT - SEP CRIME LAB SERVICES - SEP HYDRANT USAGE - 3RD QTR VOLLEYBALL SHIRTS UL GAS 89 OCTANE 10% ETH LEGAL SERVICES - SEP PROSECUTION SRVS - SEP REIMB FOR INT, PHONE & MILEAGE - HR SERVICES 1012 - 10118 GRAVEL & SAND ESROW REL - 2323 CASE AVE CONCRETE PIPE - CONCRETE PIPE - CONCRETE PIPE - ESCROW REL - 2425 SPRINGSIDE RECYCLING - SEP REIMB FOR MILEAGE 10127 - 10129 MCC BUS FEE TO VALLEYFAIR 8116 MCC BUS FEE TO MN ZOO 8123 MCC BUS FEE TO TARGET CTR 7119 MCC BUS FEE TO GIBBS FARM 8125 MCC BUS FEE TO COMM CTR 8121 MCC BUS FEE TO COMM CTR 8122 MCC BUS FEE TO COMM GTR 8124 MCC BUS FEE TO COMM CTR 8128 PROJ 05 -16 KENWOOD AREA PMT #7 REIMB FOR PHONE & INT - MAY & JUN REIMB FOR PHONE & INT - JUL & AUG SOCCER REFEREE COORDINATOR LIVE REPTILE DISPLAYS 10127 TOWING & IMPOUND BOOKS SAFETY COMMITTEE TRAINING PRESENTER FEE - 10128 REIMB FOR MEAL 10 -11 PROSECUTION SERVICES PATROL TRAINING SUBSCRIPTION SPRINKLER ELECTRICAL REPAIR - JUL BLOWOUT SPRINKLER SYSTEM FIRE SPRINKLER TRAINING MCC PERFORMANCE - OCT 20 CELL PHONE 919 - 1018 MONTHLY UTILITIES SWIMMING ADMISSIONS ESC RELEASE - 1949 ATLANTIC REF ME1 WU - AMB 06009100 REF EMERALD TRAFOYA - AMB REF MEDICA CHOICE - AMB 06000362 REIMB W SMITH - PR #05 -16 DRIVEWAY REIMB ALYSSA LAVIK - MEMBERSHIP REIMB FOR MEAL 10111 2,126.00 300.00 2,044.80 645.76 2,075.36 144.84 1,105.48 2,230.50 195.00 192.81 807.50 16,363.66 8,250.00 8,250.00 94.49 5,941.50 552.93 1,012.16 8,066.25 5,486.10 4,948.39 2,521.71 18,743.01 133.50 348.45 345.00 230.00 178.75 155.00 155.00 155.00 155.00 626,814.63 150.00 150.00 1,000.00 250.00 434.70 198.00 411.57 22.15 4,912.50 340.00 188.60 150.00 75.00 2,500.00 36.00 2,953.78 267.00 2,547.95 1,123.00 521.00 486.23 472.50 51.00 7.02 2 Check Register City of Maplewood 71166 10/24/2006 02270 PALDA & SONS INC PROJ 05 -17 GERVAIS AVE PYMT #1 146,094.89 71167 1012412006 00396 DEPT OF PUBLIC SAFETY TRANSFER TITLE CN 06016387 17.50 71168 1012412006 03215 SHAFER CONTRACTING CO INC PROJ 03 -07 TH61 AREA IMPRV PYMT #8 80,577.10 71169 10124/2006 02515 ST CROIX LESSON CENTER MCC HORSE RIDING INSTRUCTION 1,900.00 71170 10124/2006 01514 ST PAUL STAMP WORKS INC COURT STAMP 15.71 71171 1012412006 03642 SWANSON & YOUNGDALE AQUATIC AREA CEILING PAINTING PROJ 96,315.00 71172 1012412006 01573 TOM SZCZEPANSKI REIMS FOR GUN SAFE 150.00 71173 10/24/2006 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -08 CTY RD D IMPRV PYMT #11 30,851.35 10/24/2006 01574 T.A. SCHIFSKY & SONS, INC PROJ 02 -10 REPAIR CURB STOPS 1,620.00 1012412006 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIAL 1,402.26 1012412006 01574 T.A. SCHIFSKY & SONS, INC #03 -18 CURB STOP /SEALCOAT 740.28 10124/2006 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS- 586.49 10/24/2006 01574 T.A. SCHIFSKY & SONS, INC VARIOUS BITUMINOUS MATERIALS- 503.06 71174 1012412006 02069 ULTIMATE DRAIN SERVICES INC PROJ 05 -17 JETTING/TELEVISE MAIN 195.00 71175 10124/2006 03753 VEOLIA ENVIRONMENTAL SERVICES WAKEFIELD PARK TRASH REMOVAL 320.70 71176 10/24/2006 01734 WILLIAM P. WALSH COMMERCIAL PLUMBING INSP 836.60 71177 10/24/2006 01764 TOM WESTLING COORDINATOR FOR TENNIS CLASSES 3,508.13 71178 1012412006 02243 WINDSOR COMPANIES INC IRRIGATION MAINT - SEP 108.96 71179 1012412006 01789 CITY OF WOODBURY EMT COURSE FEE & BOOKS 4,800.00 10124/2006 01789 CITY OF WOODBURY DRIVING SCHOOL 900.00 10124/2006 01789 CITY OF WOODBURY EMT CLASS - NREMT PRACTICAL FEE 510.00 55 Checks in this report. I . I i 1.yo�J.o I 91 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 10/12/06 10/13/06 MN State Treasurer 10/11/06 10/13/06 MN Dept of Revenue 10/13/06 10/16/06 MN State Treasurer 10/13/06 10/16/06 MN Dept of Natural Resources 10/16/06 10/17/06 MN State Treasurer 10/17/06 10/18/06 MN State Treasurer 10/13/06 10/18/06 US Bank VISA One Card* 10/18/06 10/19/06 MN State Treasurer 10/10/06 10/19/06 MN Dept of Revenue TOTAL Description Drivers License /Deputy Registrar MN Care Tax Drivers License /Deputy Registrar DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Purchasing card items Drivers License /Deputy Registrar Sales Tax *Detailed listing of VISA purchases is attached. Amount 11,508.50 4,490.77 12,868.57 686.50 13,689.43 9,428.24 67,697.78 10,673.15 7,486.00 138, 528.94 4 VISA Transactions 9 -30 to 10 -13 Trans Date Posting Date Merchant Name Trans Amount Name 10/07/06 10/09/06 VZW APO CCVISIONNO $44.21 R CHARLES AHL 10/06/06 10/09/06 LOFFLER BUSINESS SYSTE $254.54 BRUCE K ANDERSON 10/03/06 10/04/06 TASER INTERNATIONAL $42.19 SCOTT ANDREWS 09/30/06 10/02/06 HALLOWEEN EXPRESS $169.14 MANDYANZALDI 09/30/06 10102/06 JOANN ETC #1970 $10.83 MANDYANZALDI 09/30/06 10/02/06 SAVERS 1126 $43.47 MANDY ANZALDI 10/02/06 10/04/06 ANDON BALLOONS INC - $79.88 MANDYANZALDI 10/04/06 10/06/06 JOANN ETC #1970 $98.68 MANDYANZALDI 10/06/06 10/09/06 ORIENTAL TRADING CO $30.65 MANDYANZALDI 10/06/06 10/09/06 FACTORY CARD OUTLET #284 $26.07 MANDYANZALDI 10/08/06 10/09/06 TARGET 00000612 $19.25 MANDY ANZALDI 09/29/06 10/02/06 LIFE LINK 111 $100.00 JOHN BANICK 10/02/06 10/03106 ACCURINT EOM AUTO P $30.00 JOHN BANICK 10/02/06 10/03/06 ARDEN SHOREVIEW AN HOSPT $262.95 JOHN BANICK 10/03/06 10105/06 UNIFORMS UNLIMITED $1,266.06 JOHN BANICK 10/03/06 10105/06 STRETCHERS INC $770.00 JOHN BANICK 10/03/06 10/05/06 STRETCHERS INC $770.00 JOHN BANICK 10/04/06 10/06/06 SHRED -IT $119.88 JOHN BANICK 10/11/06 10/12/06 LIFE LINK 111 $100.00 JOHN BANICK 09/18/06 10/10/06 NUCO2 01 OF 01 $87.33 JIM BEHAN 09/27/06 10110/06 NUCO2 01 OF 01 $87.33 JIM BEHAN 09/28/06 10/02/06 AQUA LOGIC INC $725.00 JIM BEHAN 09/29/06 10/02/06 POOLSIDE $406.40 JIM BEHAN 09/29/06 10/10106 NUCO2 01 OF 01 $53.25 JIM BEHAN 10/01/06 10/10/06 NUCO2 01 OF 01 $58.57 JIM BEHAN 10/10/06 10111/06 TRI -DIM FILTER CORP $22.35 JIM BEHAN 10/11/06 10/13/06 DAVIS LOCK & SAFE $28.80 JIM BEHAN 10/03/06 10/05/06 BLUE RIBBON BAIT & TACKLE $8.30 OAKLEY BIESANZ 10/09/06 10/11/06 JOANN FABRIC #0564 $11.51 OAKLEY BIESANZ 10/07/06 10/09/06 RAINBOW FOODS 00088526 $101.27 RON BOURQUIN 10/03/06 10/04/06 VERIZON DIRECTORIES $600.00 HEIDI CAREY 10/04/06 10105/06 FEDEX KINKO'S #0617 $9.57 HEIDI CAREY 10/10/06 10/11/06 FEDEX KINKO'S #0617 $111.83 HEIDI CAREY 10/10/06 10/11/06 INNOVATIVE COLOR PRINTING $153.56 HEIDI CAREY 10/11/06 10/12/06 DGI *DYNAMIC GRAPHICS $79.00 HEIDI CAREY 10/04/06 10/05/06 WMS *WASTE MGMT WMEZPAY $884.19 LINDA CROSSON 10/05/06 10106/06 G & K SERVICES 006 $545.64 LINDA CROSSON 10/09/06 10/11/06 JOANN ETC #1970 $24.23 LINDA CROSSON 10/09/06 10/11/06 MICHAELS #2744 $17.87 LINDA CROSSON 10/12/06 10/13/06 GE CAPITAL $180.69 LINDA CROSSON 10/04/06 10/06/06 THE HOME DEPOT 2810 $4.23 CHARLES DEAVER 10/05/06 10/06/06 G & K SERVICES 006 $58.14 CHARLES DEAVER 10/09/06 10/11/06 THE HOME DEPOT 2810 $76.94 CHARLES DEAVER 10/11/06 10/13/06 THE HOME DEPOT 2810 $75.58 CHARLES DEAVER 10/03/06 10/05106 THE HOME DEPOT 2801 $48.44 THOMAS DEBILZAN 09/28/06 10/02/06 JOANN ETC #1970 $14.34 RICHARD DOBLAR 10/06/06 10109/06 CUB FOODS, INC. $11.96 RICHARD DOBLAR 09/28/06 10111/06 HYDROLOGIC WATER MANAGEME $12.12 DAVE EDSON 09/28/06 10/11/06 HYDROLOGIC WATER MANAGEME $40.53 DAVE EDSON 10/02/06 10/03/06 MENARDS 3059 $8.24 DAVE EDSON 10/05/06 10/09/06 BLICK ART 800 447 1892 $25.50 THOMAS G EKSTRAND 09/27/06 10/02/06 SEARS ROEBUCK 1122 $174.15 LARRY FARR 09/28/06 10102/06 THE HOME DEPOT 2801 $16.97 LARRY FARR 09/28/06 10/02/06 THE HOME DEPOT 2810 $95.79 LARRY FARR 09/28/06 10/02/06 THE HOME DEPOT 2810 $372.16 LARRY FARR 09/29/06 10/02106 HIRSHFIELD'S MAPLEWOOD $34.69 LARRY FARR 09/29/06 10/02/06 SHERWIN WILLIAMS #3127 $34.01 LARRY FARR 09/29/06 10102/06 LABSAFE *1008567668 $359.76 LARRY FARR 09/29/06 10/02/06 MENARDS 3059 $88.54 LARRY FARR 10/02/06 10/03/06 ALL MAIN STREET ELECTRIC $1,928.00 LARRY FARR 10/03/06 10/04/06 CONTINENTAL RESEARCH $171.47 LARRY FARR 5 VISA Transactions 9 -30 to 10 -13 Trans Date Posting Date Merchant Name Trans Amount Name 10/03/06 10/04/06 WMS *WASTE MGMT WMEZPAY $350.84 LARRY FARR 10/03/06 10/04/06 WMS *WASTE MGMT WMEZPAY $350.84 LARRY FARR 10/03/06 10/05/06 THE TILE SHOP #04 $205.42 LARRY FARR 10/04/06 10/06/06 THE TILE SHOP #04 $72.39 LARRY FARR 10/04/06 10106/06 THE HOME DEPOT 2801 $457.84 LARRY FARR 10/04/06 10/06/06 THE HOME DEPOT 2810 $138.06 LARRY FARR 10/05/06 10/06/06 G & K SERVICES 006 $214.78 LARRY FARR 10/05/06 10/06/06 CERTIFIED LABORATORIES $783.94 LARRY FARR 10/05/06 10/09/06 STATE SUPPLY COMPANY $350.03 LARRY FARR 10/06/06 10/09/06 THE TILE SHOP #04 $190.53 LARRY FARR 10/09/06 10/10/06 CINTAS FIRST AID #431 $39.49 LARRY FARR 10/10/06 10/11/06 ADVANCED LIGHTING TECH $265.52 LARRY FARR 10/10/06 10/11106 WW GRAINGER 231 $41.27 LARRY FARR 10/10/06 10/12/06 ELECTRO WATCHMAN INC $76.68 LARRY FARR 10/11/06 10112/06 PREMIUM WATERS INC $5.33 LARRY FARR 10/11/06 10113/06 GENERAL PARTS $53.46 LARRY FARR 10/12/06 10/13/06 TRUGREEN CHEMLAWN $792.36 LARRY FARR 10/09/06 10/10/06 VZW APO CCVISIONNO $74.19 DANIEL F FAUST 09/28/06 10/02/06 LUXURY CHAIR.COM $2,325.00 MYCHAL FOWLDS 10/02/06 10/03/06 BEST BUY MHT 00000109 $95.82 MYCHAL FOWLDS 10/04/06 10105/06 METRO SALES INC $1,327.00 MYCHAL FOWLDS 10/04/06 10/05/06 HP DIRECT- PUBLICSECTOR $4,527.08 MYCHAL FOWLDS 10/07/06 10/09/06 GOVDOCS.COM, INC. $410.00 MYCHAL FOWLDS 10/10/06 10/11106 XP SOFTWARE $450.00 MYCHAL FOWLDS 09/29/06 10/02/06 AEI ELECTRONICS CENTER $3,982.75 NICK FRANZEN 10/02/06 10104/06 WWW.CIRCUITCITY.COM $81.46 NICK FRANZEN 10/03/06 10/04/06 CRUTCHFIELD.COM $429.99 NICK FRANZEN 10/03/06 10/04/06 CRUTCHFIELD.COM $2,019.94 NICK FRANZEN 10/04/06 10/05/06 INSIGHT PUBLIC SECTORS $463.36 NICK FRANZEN 10/09/06 10/11/06 BERBEE INFORMATION NETWRK $604.01 NICK FRANZEN 10/10/06 10/12/06 BERBEE INFORMATION NETWRK $1,514.59 NICK FRANZEN 10/02/06 10103/06 TARGET 00011858 $42.58 PATRICIA FRY 10/11/06 10/13/06 THE HOME DEPOT 2801 $12.74 DAVID GERMAIN 09/29/06 10/02/06 WALGREENS.COM 00059956 $66.43 MIKE GRAF 09/29/06 10/02/06 CUB FOODS, INC. $5.95 MIKE GRAF 10/03/06 10/04/06 PETSMART 00004614 $21.29 MIKE GRAF 10/05/06 10106/06 ROTHHAMMER INTERNATIONAL $459.95 MIKE GRAF 10/02/06 10/04/06 PEI WEI ASIANDINER0113 $82.01 KAREN E GUILFOILE 10/09/06 10/11/06 TGI FRIDAY'S #0472 $167.16 KAREN E GUILFOILE 10/10/06 10/11/06 PROPERTYKEY.COM, INC. $50.00 KAREN E GUILFOILE 10/11/06 10/12/06 ARVEY PAPER & OFFICE PRO $3,963.64 LORI HANSEN 09/28/06 10/02/06 INTAB INC $32.06 LORI HANSOM 10/03/06 10/04/06 S & T OFFICE PRODUCTS $53.16 LORI HANSON 10/09/06 10/10/06 S & T OFFICE PRODUCTS $66.46 LORI HANSON 10/10/06 10/11106 S & T OFFICE PRODUCTS $17.60 LORI HANSON 10/10/06 10/11/06 S & T OFFICE PRODUCTS $52.81 LORI HANSON 10/11/06 10113/06 CUB FOODS, INC. $23.96 LORI HANSON 09/28/06 10102/06 RAINBOW FOODS 00088617 $132.76 PATRICK HEFFERNAN 10/08/06 10/09/06 TARGET 00011858 $29.79 PATRICK HEFFERNAN 10/01/06 10/02/06 DE LAGE LANDEN OP01 OF 01 $206.61 ANN E HUTCHINSON 10/04/06 10/05/06 KNOWLANS #2 $8.92 ANN E HUTCHINSON 10/09/06 10/10/06 KNOWLANS #2 $13.64 ANN E HUTCHINSON 10/12/06 10113/06 SPRINT *WIRELESS SVCS $40.73 ANN E HUTCHINSON 10/04/06 10/09/06 DALCO ENTERPRISES, INC $668.97 DAVID JAHN 10/04/06 10/05/06 BATTERIES PLUS $42.69 TOM KALKA 10/03/06 10/06106 TJ T- SHIRTS $360.00 MARY B KOEHNEN 10/06/06 10/09/06 CUB FOODS, INC. $12.96 MARY B KOEHNEN 10/01/06 10102/06 VERIZON WRLS 12KW $68.01 DUWAYNE KONEWKO 10/11/06 10/11/06 SPRINTPCS AUTOPYMT RC1 $52.94 ERIN M LABEREE 10/03/06 10/04/06 GOPHER BEARING COMPANY IN $112.14 DENNIS LINDORFF 10/12/06 10/13/06 MENARDS 3059 $60.58 DENNIS LINDORFF 0 VISA Transactions 9 -30 to 10 -13 Trans Date Posting Date Merchant Name Trans Amount Name 10/10/06 10/12/06 RAINBOW FOODS 00088617 $22.98 ALISHA M LUKIN 10/10/06 10/12/06 OFFICE MAX 00002204 $26.12 ALISHA M LUKIN 10/12/06 10/13/06 TARGET 00011858 $37.69 ALISHA M LUKIN 09/28/06 10/02/06 CHECKER #180200018028 $6.41 STEVE LUKIN 09/28/06 10102/06 SPRINT -STORE #2430 $33.54 STEVE LUKIN 09/30/06 10/02/06 AIRGAS NORTH CENTRAL $892.97 STEVE LUKIN 10/03/06 10/04/06 EMERGENCY APPARATUS MAINT $152.02 STEVE LUKIN 10/03/06 10/04/06 EMERGENCY APPARATUS MAINT $848.43 STEVE LUKIN 10/04/06 10/05/06 WMS *WASTE MGMT WMEZPAY $268.23 STEVE LUKIN 10/04/06 10/05/06 MAPLEWOOD CARBONES $77.80 STEVE LUKIN 10/12/06 10/13/06 SPRINT *WIRELESS SVCS $1,071.75 STEVE LUKIN 10/02/06 10/03/06 TARGET 00011858 $19.63 DAN MARTIN 10/02/06 10/04106 UNIFORMS UNLIMITED INC $22.21 DAN MARTIN 10/02/06 10/04/06 THE UPS STORE #2171 $12.74 DAN MARTIN 10/05/06 10109/06 JOANN ETC #1970 $20.70 DAN MARTIN 10/09/06 10110/06 TARGET 00011858 $13.83 DAN MARTIN 10/02/06 10/09/06 ON SITE SANITATION INC $1,584.79 MARK MARUSKA 10/03/06 10/04/06 HENRIKSEN ACE HARDWARE $184.12 MARK MARUSKA 10/04/06 10/05/06 WMS *WASTE MGMT WMEZPAY $992.91 MARK MARUSKA 10/05/06 10/06/06 G & K SERVICES 006 $434.30 MARK MARUSKA 10/05/06 10106/06 WMS *WASTE MGMT WMEZPAY $692.45 MARK MARUSKA 10/12/06 10/13/06 TURF WORKS FEI EAST $11.37 MARK MARUSKA 10/09/06 10/10/06 PIONEER PRESS SUBSCRIPTI {$99.58} ED NADEAU 10/04/06 10/06106 TRI STATE BOBCAT $233.00 BRYAN NAGEL 10/09/06 10/10/06 CINTAS FIRST AID #431 $79.36 BRYAN NAGEL 10/12/06 10113/06 UNITED RENTALS #D09 $200.20 BRYAN NAGEL 10/03/06 10/04/06 S & T OFFICE PRODUCTS $158.87 JEAN NELSON 10/10/06 10/12/06 RYCO SUPPLY COMPANY $45.10 JEAN NELSON 10/05/06 10/06/06 G & K SERVICES 006 $103.08 AMY NIVEN 10/05/06 10/06/06 G & K SERVICES 006 $312.10 AMY NIVEN 10/05/06 10/06/06 G & K SERVICES 006 $182.84 AMY NIVEN 10/10/06 10112/06 OFFICE MAX 00002204 $35.85 AMY NIVEN 10/12/06 10/13/06 RON'S VIRTUE PRINTI $223.93 AMY NIVEN 10/02/06 10/04/06 VOYAGEURS AREA COUNC $300.00 JULIE OLSON 10/02/06 10/03/06 CUSTOM HEADSETS INC $133.13 MARSHA PACOLT 10/06/06 10/09/06 QWESTCOMM *TN651 $15.72 MARSHA PACOLT 10/10/06 10111/06 QWESTCOMM *TN651 $15.72 MARSHA PACOLT 10/10/06 10/11/06 S & T OFFICE PRODUCTS $11.37 MARY KAY PALANK 10/12/06 10/13/06 S & T OFFICE PRODUCTS $8.23 MARY KAY PALANK 10/12/06 10/13/06 S & T OFFICE PRODUCTS $33.88 KATHLEEN PECK HALL 09/28/06 10/02/06 ABACUS PLUS SERVICES INC $68.16 PHILIP F POWELL 10/02/06 10/03/06 HENRIKSEN ACE HARDWARE $19.14 PHILIP F POWELL 10/09/06 10/10/06 MEDTECH FORENSICS INC $158.00 PHILIP F POWELL 10/11/06 10/12/06 CC MILITARY SURPLUS LL $12.36 PHILIP F POWELL 09/29/06 10/02106 TARGET 00011858 $183.98 ROBERT PRECHTEL 09/29/06 10/02/06 GE CAPITAL $331.22 WILLIAM J PRIEFER 10/03/06 10104/06 SPRINT *WIRELESS SVCS $484.57 WILLIAM J PRIEFER 09/28/06 10102/06 ZARNOTH BRUSH WORKS $664.24 STEVEN PRIEM 09/28/06 10/02/06 KATH AUTO PARTS NSP $19.96 STEVEN PRIEM 09/28/06 10/02/06 KATH AUTO PARTS NSP $76.91 STEVEN PRIEM 09/29/06 10/02/06 FACTORY MOTOR PARTS #19 $45.69 STEVEN PRIEM 10/02/06 10/03/06 PAM OIL INC $202.81 STEVEN PRIEM 10/02/06 10104/06 TOUSLEY FORD 127200039 $109.26 STEVEN PRIEM 10/03/06 10/04/06 TRUCK UTILITIES INC $35.04 STEVEN PRIEM 10/03/06 10/04/06 TRUCK UTILITIES INC $36.85 STEVEN PRIEM 10/03/06 10/05106 CRYSTEEL TRUCK FRIDLEY 2 $169.93 STEVEN PRIEM 10/03/06 10/05/06 EAT INC $30.35 STEVEN PRIEM 10/03/06 10105/06 BOYER FORD TRUCKS INC $23.60 STEVEN PRIEM 10/05/06 10/06/06 FACTORY MOTOR PARTS #19 $142.60 STEVEN PRIEM 10/05/06 10/06/06 H & L MESABI COMPANY $948.53 STEVEN PRIEM 10/06/06 10/09/06 GENERATOR SPECIALTY CO $283.15 STEVEN PRIEM 7 VISA Transactions 9 -30 to 10 -13 Trans Date Posting Date Merchant Name Trans Amount Name 10/06/06 10/11/06 BAUER BOLT TRE33200023 $378.71 STEVEN PRIEM 10/09/06 10/10/06 TRUCK UTILITIES INC $42.33 STEVEN PRIEM 10/09/06 10/10/06 PAM OIL INC $69.45 STEVEN PRIEM 10/10/06 10/12/06 ZARNOTH BRUSH WORKS $310.98 STEVEN PRIEM 10/10/06 10112/06 KATH AUTO PARTS NSP $90.15 STEVEN PRIEM 10/10/06 10/12/06 NORTHERN FACTORY SALES $193.79 STEVEN PRIEM 10/11/06 10/12/06 FACTORY MOTOR PARTS #19 $12.20 STEVEN PRIEM 10/11/06 10/13/06 TOUSLEY FORD 127200039 $180.90 STEVEN PRIEM 10/03/06 10/04/06 S & T OFFICE PRODUCTS $70.08 TERRIE RAMEAUX 10/09/06 10/10/06 PIONEER PRESS ADVERTISIN $762.50 TERRIE RAMEAUX 10/11/06 10/12/06 NOVACARE REHB /HEALT $90.00 TERRIE RAMEAUX 10/11/06 10/12/06 S & T OFFICE PRODUCTS $149.53 TERRIE RAMEAUX 10/12/06 10/13106 S & T OFFICE PRODUCTS $62.84 TERRIE RAMEAUX 10/03/06 10/09/06 DALCO ENTERPRISES, INC $894.74 MICHAEL REILLY 10/12/06 10113/06 WALGREEN 00029363 $20.15 AUDRA ROBBINS 10/02/06 10104/06 THE HOME DEPOT 2801 $28.73 ROBERT RUNNING 10/04/06 10/05/06 MENARDS 3059 $59.17 JAMES SCHINDELDECKER 10/04/06 10/06/06 SHRED -IT $17.65 DEB SCHMIDT 10/11/06 10/12/06 CURTIS 1000 $79.88 DEB SCHMIDT 10/11/06 10/12/06 CURTIS 1000 $31.16 DEB SCHMIDT 10/04/06 10105/06 CLOVER SUPER FOODS $133.72 RUSSELL L SCHMIDT 10/01/06 10/02/06 T- MOBILE $45.11 SCOTT SCHULTZ 10/02/06 10/03/06 HEJNY RENTAL $144.36 SCOTT SCHULTZ 10/03/06 10/04106 VIKING INDUSTRIAL CENTER $227.18 SCOTT SCHULTZ 10/04/06 10/05/06 HENRIKSEN ACE HARDWARE $29.55 SCOTT SCHULTZ 09/28/06 10102/06 CUB FOODS, INC. $39.93 MICHAEL SHORTREED 10/03/06 10/05/06 UNIFORMS UNLIMITED INC $304.50 MICHAEL SHORTREED 10/05/06 10/09/06 UNIFORMS UNLIMITED INC $15.44 MICHAEL SHORTREED 10/03/06 10/04/06 SPRINT *WIRELESS SVCS $447.20 ANDREA SINDT 10/03/06 10/05/06 APR MEMBERSHIPS AND SUBS $200.00 ANDREA SINDT 10/11/06 10/12/06 S & T OFFICE PRODUCTS $177.17 ANDREA SINDT 10/11/06 10112/06 RON'S VIRTUE PRINTI $517.05 ANDREA SINDT 10/03/06 10/05/06 WOLF CAMERA #1530 $4.46 SCOTT STEFFEN 09/28/06 10/02/06 CUB FOODS, INC. $36.71 JOANNE M SVENDSEN 09/29/06 10/02/06 CUB FOODS, INC. $11.98 JOANNE M SVENDSEN 10/05/06 10/09/06 CUB FOODS, INC. $30.71 JOANNE M SVENDSEN 10/06/06 10109/06 LOFFLER BUSINESS SYSTE $189.57 JOANNE M SVENDSEN 09/29/06 10/02/06 LIFE LINK 111 $100.00 RUSTIN SVENDSEN 10/02/06 10/04/06 ASPEN MILLS 8005717343 $302.20 RUSTIN SVENDSEN 10/02/06 10/04/06 ASPEN MILLS 8005717343 $379.31 RUSTIN SVENDSEN 10/02/06 10/04/06 ASPEN MILLS 8005717343 $234.40 RUSTIN SVENDSEN 10/06/06 10/09/06 LIFE LINK 111 $100.00 RUSTIN SVENDSEN 10/06/06 10/11/06 VIKING ELEC- CRED101 OF 01 $113.10 RUSTIN SVENDSEN 10/11/06 10/12/06 CRAWFORD DOOR SALES CO OF $680.00 RUSTIN SVENDSEN 10/11/06 10/13106 JEFFERSON FIRE & SAFETY 1 $881.50 RUSTIN SVENDSEN 10/03/06 10/04/06 HENRIKSEN ACE HARDWARE $397.37 LYLE SWANSON 10/11/06 10113/06 THE HOME DEPOT 2801 $34.40 LYLE SWANSON 09/29/06 10102/06 METRO ATHLETIC SUPPLY $789.79 DOUGLAS J TAUBMAN 10/01/06 10/02/06 T- MOBILE $106.72 DOUGLAS J TAUBMAN 10/02/06 10/03/06 FSH COMMUNICATION01 OF 01 $58.58 JUDY TETZLAFF 10/06/06 10/09/06 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 10/06/06 10/09/06 QWESTCOMM *TN612 $262.99 JUDY TETZLAFF 10/06/06 10109/06 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 10/06/06 10/09/06 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 10/06/06 10/09/06 QWESTCOMM *TN612 $140.58 JUDY TETZLAFF 10/06/06 10/09106 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 10/06/06 10/09/06 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 10/06/06 10109/06 QWESTCOMM *TN612 $99.68 JUDY TETZLAFF 10/06/06 10/09/06 QWESTCOMM *TN612 $70.29 JUDY TETZLAFF 10/06/06 10/09/06 QWESTCOMM *TN612 $369.20 JUDY TETZLAFF 10/09/06 10/10/06 MIKES LP GAS INC $14.49 TODD TEVLIN 0 VISA Transactions 9 -30 to 10 -13 Trans Date Posting Date Merchant Name Trans Amount Name 10/05/06 10/09/06 UNIFORMS UNLIMITED INC $35.95 DAVID J THOMALLA 10/05/06 10/09/06 UNIFORMS UNLIMITED INC $227.68 DAVID J THOMALLA 09/28/06 10/02/06 AMERICAN FLAGPOLE AND $68.88 JOSEPH WATERS 10/05/06 10/09/06 TARGET 00011858 $21.86 JOSEPH WATERS 10/05/06 10109/06 OFFICE MAX 00002204 $9.57 JOSEPH WATERS 10/06/06 10/09/06 RAINBOW FOODS 00088617 $7.28 JOSEPH WATERS 10/07/06 10/09/06 GRANDMA'S BAKERY $21.57 JOSEPH WATERS 10/08/06 10/09/06 JIMMY JOHN'S 574 Q61 $59.00 JOSEPH WATERS 10/08/06 10/10/06 RAINBOW FOODS 00088617 $6.49 JOSEPH WATERS 10/04/06 10/06/06 OFFICE DEPOT #1090 $312.00 SUSAN ZWIEG 10/09/06 10/11/06 LISPS POSTAL STORE $79.00 SUSAN ZWIEG $67,697.78 0 Check Register City of Maplewood 1111f►XAPIZ111I1 Check Date Vendor 71180 10/2512006 03754 MERRICK INC 71181 1012612006 03758 RANDY COOK 71182 1013112006 00519 FLEXIBLE PIPE TOOL CO. 71183 1013112006 02728 KIMLEY -HORN & ASSOCIATES INC 1013112006 02728 KIMLEY -HORN & ASSOCIATES INC 71184 1013112006 00908 M R P A 71185 1013112006 01819 MCLEOD USA 71186 10/3112006 01360 REINHART FOODSERVICE 10/3112006 01360 REINHART FOODSERVICE 1013112006 01360 REINHART FOODSERVICE 1013112006 01360 REINHART FOODSERVICE 71187 10/3112006 01504 CITY OF ST PAUL 71188 10/3112006 02410 WELLS FARGO LEASING INC 71189 1013112006 01190 XCEL ENERGY 71190 1013112006 03335 AMERICAN ENGINEERING 71191 10/3112006 03190 ARENZ CONSTRUCTION INC 71192 10/3112006 01936 CHAD BERGO 71193 1013112006 01811 BERNATELLO'S PIZZA INC 1013112006 01811 BERNATELLO'S PIZZA INC 71194 1013112006 02667 OAKLEY BIESANZ 71195 1013112006 00204 BONESTROO & ASSOCIATES 71196 1013112006 00309 COMMISSIONER OF TRANSPORTATION 71197 1013112006 03755 CONTINENTAL BALLET COMPANY 71198 10/3112006 03619 DRAIN KING INC 10/3112006 03619 DRAIN KING INC 1013112006 03619 DRAIN KING INC 1013112006 03619 DRAIN KING INC 1013112006 03619 DRAIN KING INC 1013112006 03619 DRAIN KING INC 71199 1013112006 00477 ESS BROTHERS & SONS INC 71200 1013112006 00589 DAVE GRAF 71201 10/3112006 03728 GREAT RIVER GREENING 71202 10/3112006 00610 GULDENS ROADHOUSE INC 71203 1013112006 03760 HARMON INC 71204 1013112006 03759 HOTSY EQUIPMENT OF MN 71205 1013112006 00718 INDEPENDENT SCHOOL DIST #622 71206 1013112006 03756 DIANA LONGRIE 71207 1013112006 01083 MDR A 71208 1013112006 01126 MN NCPERS LIFE INSURANCE 71209 10/3112006 03622 MN OFFICE OF ENTERPRISE TECH 71210 10/3112006 01977 MN PUBLIC WORKS ASSOCIATION 71211 10/3112006 01089 MN UC FUND 71212 10/3112006 03762 MORRISETTE, NATHAN 71213 10/3112006 01202 NYSTROM PUBLISHING CO INC 71214 10/3112006 00001 ONE TIME VENDOR 71215 1013112006 00001 ONE TIME VENDOR 71216 1013112006 01941 PATRICK GRAPHICS & TROPHIES 10/3112006 01941 PATRICK GRAPHICS & TROPHIES 71217 10/3112006 01254 PEPSI -COLA COMPANY 10/3112006 01254 PEPSI -COLA COMPANY 71218 10/3112006 01302 STEVEN PRIEM 71219 1013112006 03757 PRO DESIGN CONSTRUCTION 71220 1013112006 03694 RETAILERS PROTECTION ASSN 71221 1013112006 01025 MN DEPT OF REVENUE 71222 1013112006 01418 SAM'S CLUB DIRECT 10/3112006 01418 SAM'S CLUB DIRECT Description Amount REF OVRPMT CHARITABLE GAMBLING REIMB R COOK - PR #05 -16 DRIVEWAY SEWER HOSE PROJ #04 -21 PROF SERV THRU 9130 PROJ #04 -21 PROF SERV THRU 9130 ANNUAL CONFERENCE LOCAL PHONE SERVICES 9116 -10115 MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE MERCH FOR RESALE RECORD MGMT SOFTWARE FEE - OCT COPIER LEASE 10109 -11109 ELECTRIC UTILITY PROJ #05 -16 TESTING REF ESCROW -1982 & 1984 CASTLE REIMB INT, PHONE, MILEAGE MERCH FOR RESALE MERCH FOR RESALE REIMB FOR TUITION NATURE CTR CONSTRUCTION PROJ TRAINING REGISTRATION MCC PERFORMANCE 10121 PROJ #05 -16 TELEVISE SEWER LINE PROJ #05 -16 TELEVISE SEWER LINE PROJ #05 -16 TELEVISE SEWER LINE PROJ #05 -16 TELEVISE SEWER LINE PROJ #05 -16 TELEVISE SEWER LINE PROJ #05 -16 TELEVISE SEWER LINE PROJ #05 -16 INSTALL UTILITY SEALANT KARATE INSTRUCTOR 1013 TO 10124 POND RESTORATION MAPLE HILLS DR PROJ 02 -08 REIMB FOR IRRIGATION SYS INSTALL GLASS & FRAME TRIP CHARGE FOR WARRANTY WORK SUPERVISION & GYM USAGE REIMB FOR MEALS /PARK /INT /COPIES TRAINING REGISTRATION PERA LIFE INS - OCTOBER WIDE AREA NETWORK- SEPT FALL CONFERENCE QUARTER UNEMPLOYMENT COORDINATE BASKETBALL PROG CITY NEWSLETTER - OCT REIMB S SANDEEN - CLEANUP REF KENNETH PADDOCK - MEMBERSHIP SOCCER TROPHIES SOCCER TROPHIES MERCH FOR RESALE MERCH FOR RESALE REIMB FOR TOOL ALLOWANCE INSTALL TILE & GROUT REIMB FOR COLLECTION FEES HAZARDOUS WASTE PROGRAM FEE MERCH FOR RESALE GYM & PROGRAM SUPPLIES 13,964.96 8,963.00 1,331.25 9,537.34 5,243.02 545.00 2,084.74 274.35 199.11 67.36 -22.01 3,798.00 1,467.57 12,821.31 3,277.50 2,500.00 94.49 126.00 126.00 627.75 2,300.00 195.00 2,481.00 49.00 49.00 49.00 49.00 49.00 49.00 4,686.00 172.25 1,700.00 7,294.00 1,407.00 67.00 178.13 212.44 30.00 332.00 392.00 219.00 1,462.28 590.00 2,281.00 63.44 31.95 1,640.11 106.29 302.75 221.40 375.00 1,530.78 115.00 178.59 303.04 248.23 1u# Check Register City of Maplewood Check 71223 71224 71225 71226 71227 71228 71229 71230 Date 10/3112006 1013112006 1013112006 1013112006 1013112006 1013112006 1013112006 10/3112006 10/3112006 1013112006 1013112006 10/3112006 10/3112006 1013112006 1013112006 10/3112006 10/3112006 1013112006 1013112006 1013112006 1013112006 Vendor Description Amount 01418 SAM'S CLUB DIRECT 01418 SAM'S CLUB DIRECT 01418 SAM'S CLUB DIRECT 01418 SAM'S CLUB DIRECT 01418 SAM'S CLUB DIRECT 01418 SAM'S CLUB DIRECT 01418 SAM'S CLUB DIRECT 01418 SAM'S CLUB DIRECT 01463 SISTER ROSALIND GEFRE 00198 ST PAUL REGIONAL WATER SRVS 01574 T.A. SCHIFSKY & SONS, INC 01574 T.A. SCHIFSKY & SONS, INC 01574 T.A. SCHIFSKY & SONS, INC 01574 T.A. SCHIFSKY & SONS, INC 01574 T.A. SCHIFSKY & SONS, INC 01580 TSE, INC. 01580 TSE, INC. 03761 ALLAN WAGNER 01734 WILLIAM P. WALSH 01750 THE WATSON CO INC 03378 MATT WOEHRLE 51 Checks in this report. VENDING MACHINES SUPPLIES 239.60 MCC PANCAKE BREAKFAST 176.98 MERCH FOR RESALE 166.70 BIRTHDAY PROGRAM 93.69 BIRTHDAY PROGRAM SUPPLIES 86.51 BIRTHDAY PROGRAM CAKES 37.74 PROGRAM SUPPLIES 18.89 BIRTHDAY PROGRAM CAKE 14.95 MCC MASSAGES - SEP 2,031.00 WATER UTILITY 1,239.36 PROJ 03 -18 HAZELWOOD AREA FINAL 24,323.61 PROJ 01 -15 CTY RD D FINAL PYMT 7,516.03 PROJ 03 -36 SPRINGSIDE DR FINAL PYMT 3,532.54 ASPHALT FOR TRAIL 3,066.26 VARIOUS BITUMINOUS MATERIAL 2,417.11 JANITORIAL SRV 8120 -9116 940.50 GROUNDSKEEPING SRV 8120 -9116 908.38 COORDINATE BASKETBALL PROGRAM 590.00 COMMERCIAL PLUMBING INSP 2,459.60 MERCH FOR RESALE 190.29 REIMB FOR TOOL ALLOWANCE 375.00 148.861.16 1s CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 10/19/06 10/10/06 10/20/06 10/19/06 10/20/06 10/20/06 10/20/06 10/20/06 10/23/06 10/20/06 10/20/06 10/20/06 10/20/06 10/20/06 10/24/06 10/24/06 10/25/06 10/23/06 10/25/06 10/20/06 10/20/06 10/20/06 10/20/06 10/23/06 10/23/06 10/23/06 10/23/06 10/24/06 10/24/06 10/24/06 10/24/06 10/24/06 10/24/06 10/25/06 10/25/06 10/26/06 10/26/06 10/26/06 MN State Treasurer MN Dept of Revenue ICMA (Vantagepointe) MN Dept of Natural Resources MN State Treasurer U.S. Treasurer P.E.R.A. Federal Reserve Bank MN State Treasurer MN State Treasurer MidAmerica - ING Labor Unions WI Dept of Revenue Orchard Trust MN State Treasurer Deluxe Business Systems MN State Treasurer ARC Administration Pitney Bowes TOTAL Description Drivers License /Deputy Registrar Fuel Tax Deferred Compensation DNR electronic licenses Drivers License /Deputy Registrar Federal Payroll Tax P.E.R.A. Savings Bonds Drivers License /Deputy Registrar State Payroll Tax HRA Flex plan Union Dues State Payroll Tax Deferred Compensation Drivers License /Deputy Registrar Deposit slips Drivers License /Deputy Registrar DCRP & Flex plan payments Postage Amount 8,029.95 194.60 5,459.37 206.50 10,078.75 116,502.16 60,088.51 50.00 18,633.25 22, 042.36 2,819.69 3,158.73 1,932.77 23, 713.85 11, 834.49 181.99 12,586.93 1,589.49 2,985.00 302,088.39 12 Check Register City of Maplewood 1110312006 Check Date Vendor Description Amount 71231 1110112006 01284 POSTMASTER REPLENISH ABSENTEE BALLOT POSTAGE 400.00 71232 11107/2006 03365 NICK FRANZEN REIMB MILEAGE,INT,CELL 915 -9119 239.75 71233 1110712006 02728 KIMLEY -HORN & ASSOCIATES INC PROD 06 -16 PROF SRV THRU 9130 8,690.51 71234 11107/2006 01337 RAMSEY COUNTY -PROP REC & REV SPEC ASSESSMENT - MANAGEMENT 6,440.00 71235 1110712006 01504 CITY OF ST PAUL MEDICAL SUPPLIES 1,426.38 71236 11107/2006 01190 XCEL ENERGY GAS UTILITY 4,609.77 71237 1110712006 01809 AGGREGATE INDUSTRIES NCR INC SAFETY GRIT - TAX & DELIVERY INCLUDED 2,207.32 71238 11107/2006 00111 ANIMAL CONTROL SERVICES INC PATROL & BOARDING FEES 1019 -10/22 1,036.86 71239 1110712006 00174 STAN BELDE K -9 MAINTENANCE - NOV 35.00 71240 11107/2006 01936 CHAD BERGO REIMB MILEAGE,INT,CELL 9118 -11102 209.14 71241 1110712006 03738 BETHEL & ASSOCIATES, PA HR SERVICES 10116 -10/31 9,359.00 71242 11107/2006 02914 BLUECROSS BLUESHIELD OF MN MONTHLY PREMIUM 133,831.50 71243 1110712006 00211 BRAUN INTERTEC CORP. PROJ 05 -17 PROF SRVS THRU 1016 58150 71244 11107/2006 00230 BRYAN ROCK PRODUCTS, INC. SAND FOR STORM SEWER PROJ 341.74 71245 1110712006 02929 CNAGLAC LONG TERM CARE INSURANCE 618.14 71246 11107/2006 00384 DE LAGE LANDEN FINANCIAL SRVS RICOH COPIER MAINT - NOV 161.88 71247 1110712006 02743 RICHARD DOBLAR REIMB FOR EDUCATION 522.11 71248 11107/2006 03767 PATRICIA EKSTROM BABYSITTING CLASS INSTRUCTOR FEE 120.00 71249 1110712006 00003 ESCROW REFUND REF ESCR KA KIMISH EXC - 1140 GERVAIS 1,000.00 71250 11107/2006 00003 ESCROW REFUND REF ESCR G STEVENS -2674 HAWTHORNE 500.00 71251 1110712006 00003 ESCROW REFUND REF ESCR L DORLE - 2725 CAARENCE 500.00 71252 11107/2006 00003 ESCROW REFUND REF ESCR FIVE STAR - 1726 FLANDRAU ST 300.00 71253 1110712006 00003 ESCROW REFUND REF ESCR D GUENTHER -1745 EDGERTON 300.00 71254 11107/2006 00526 FOREST LAKE CONTRACTING INC PROD 05 -16 KENWOOD AREA - PMT #8 371,074.20 71255 1110712006 03765 ANTHONY GABRIEL POLICE OFFICER AT MCC EVENT 140.00 71256 11107/2006 00668 STEVEN HIEBERT K -9 MAINTENANCE - NOV 35.00 71257 1110712006 02506 HUNT ELECTRIC CORP REPAIR HOCKEY RINK LIGHTS 364.09 11107/2006 02506 HUNT ELECTRIC CORP REPAIR HOCKEY RINK LIGHTS 341.02 71258 1110712006 01971 MARY JACKSON REIMB FOR SUPPLIES 29.84 71259 11107/2006 02802 KUNDE CO INC OAK WILT CONTROL 2,150.00 71260 1110712006 03763 LAWRENCE F LEJEUNE ESCROW RELEASE -2450 MAPLEWOOD DR 25,36129 71261 11107/2006 03735 ALISHA LUKIN REIMB FOR MILEAGE 9121 TO 10/26 66.75 71262 1110712006 02872 METLIFE SBC MONTHLY DENTAL PREMIUM 7,455.63 71263 11107/2006 00985 METROPOLITAN COUNCIL WASTEWATER - NOV 199,212.84 71264 1110712006 01085 MN LIFE INSURANCE MONTHLY PREMIUM 4,051.00 71265 11107/2006 01977 MN PUBLIC WORKS ASSOCIATION CONFERENCE REGISTRATION 219.00 71266 1110712006 03751 MONROE CROSSING MCC CONCERT 10120 2,500.00 71267 11107/2006 01200 MIKE NOVAK REIMB FOR SAFETY BOOTS 165.00 71268 1110712006 03764 ON -SITE HEAT TEMP HEAT AT CITY HALL 1,258.77 11107/2006 03764 ON -SITE HEAT TEMP HEAT AT CITY HALL 362.10 1110712006 03764 ON -SITE HEAT TEMP HEAT AT CITY HALL 28172 11107/2006 03764 ON -SITE HEAT TEMP HEAT AT CITY HALL 207.89 1110712006 03764 ON -SITE HEAT TEMP HEAT AT CITY HALL 19120 71269 11107/2006 03766 PRIMARY PRODUCTS CO PARAMEDIC SUPPLIES 325.80 71270 1110712006 00396 DEPT OF PUBLIC SAFETY CJDN QUARTERLY PMT 1,920.00 71271 11107/2006 00396 DEPT OF PUBLIC SAFETY TRANSFER TITLE CN 04 -410 -293 17.50 71272 1110712006 01340 REGIONS HOSPITAL PARAMEDIC SUPPLIES 1,26141 71273 11107/2006 01387 DR. JAMES ROSSINI FITNESS FROG ADMIN FEES - OCT 100.00 71274 1110712006 01409 S.E.H. MCC POOL, ROOF, & DECK INSPECTION 1,936.63 71275 11107/2006 01418 SAM'S CLUB DIRECT PROGRAM SUPPLIES 274.54 1110712006 01418 SAM'S CLUB DIRECT PROGRAM SUPPLIES 121.40 71276 11107/2006 01550 SUMMIT INSPECTIONS ELECTRICAL INSPECTIONS 3,351.40 71277 1110712006 01665 TWIN CITY HARDWARE CO INSTALL FRAME, DOOR, GLASS, & HARDWARE 4,479.54 71278 11107/2006 00529 UNION SECURITY INSURANCE CO MONTHLY LTD PREMIUM 2,976.39 1110712006 00529 UNION SECURITY INSURANCE CO STD PLAN 4043120 -0 -1 NOV 2006 1,608.19 71279 11107/2006 02464 US BANK PAYING AGENT FEES 215.63 71280 1110712006 01734 WILLIAM P. WALSH COMMERCIAL PLUMBING INSPECTION 344.00 50 Checks in this report. 807,840.37 13 CITY OF MAPLEWOOD Disbursements via Debits to Checking account Transmitted Settlement Date Date Payee 10/26/06 10/27/06 MN State Treasurer 10/26/06 10/27/06 MN Dept of Natural Resources 10/27/06 10/30/06 MN State Treasurer 10/30/06 10/31/06 MN State Treasurer 10/27/06 10/31/06 MN Dept of Revenue 10/31/06 11/01/06 MN State Treasurer 10/31/06 11/01/06 US Bank 11/01/06 11/02/06 MN State Treasurer 10/27/06 11/02/06 US Bank VISA One Card* TOTAL Description Drivers License /Deputy Registrar DNR electronic licenses Drivers License /Deputy Registrar Drivers License /Deputy Registrar Special Fuel License Drivers License /Deputy Registrar Credit Card fees Drivers License /Deputy Registrar Purchasing card items *Detailed listing of VISA purchases is attached. Amount 14,021.69 487.00 7,843.00 19,961.96 25.00 15,215.50 1,345.25 16,581.24 50,197.44 125,678.08 14 Visa Transactions 10 -14 -06 to 10 -27 -06 Trans Date Posting Date Merchant Name Trans Amount Name 10/15/2006 10/16/2006 SHERATON HOTELS $948.12 BRUCE K ANDERSON 10/13/2006 10/16/2006 GAL *GALLS INC $407.66 SCOTT ANDREWS 10/25/2006 10/26/2006 PRO SHOT PRODUCTS $137.26 SCOTT ANDREWS 10/25/2006 10/26/2006 S T ACTION PRO INC $111.85 SCOTT ANDREWS 10/25/2006 10/26/2006 BROWNELLS INC $454.18 SCOTT ANDREWS 10/18/2006 10/19/2006 TARGET 00011858 $12.72 MANDY ANZALDI 10/18/2006 10/20/2006 ORIENTAL TRADING CO $141.44 MANDY ANZALDI 10/19/2006 10/23/2006 JOANN ETC #1970 $43.34 MANDY ANZALDI 10/25/2006 10/27/2006 JOANN ETC #1970 $81.19 MANDY ANZALDI 10/25/2006 10/27/2006 CUB FOODS, INC. $2.75 MANDY ANZALDI 10/13/2006 10/16/2006 HEALTHEAST TRANSPORTATN $2,776.11 JOHN BANICK 10/17/2006 10/19/2006 SHRED -IT $119.88 JOHN BANICK 10/20/2006 10/23/2006 CENTURY COLLEGE -BO $432.00 JOHN BANICK 10/12/2006 10/16/2006 OLYMPICS POOLS $727.71 JIM BEHAN 10/12/2006 10/16/2006 AQUA LOGIC INC $1,341.13 JIM BEHAN 10/13/2006 10/16/2006 MUSKA LIGHTING CENTER $477.48 JIM BEHAN 10/17/2006 10/18/2006 HENRIKSEN ACE HARDWARE $57.24 JIM BEHAN 10/17/2006 10/19/2006 DAVIS LOCK & SAFE $6.39 JIM BEHAN 10/19/2006 10/20/2006 HENRIKSEN ACE HARDWARE $40.48 JIM BEHAN 10/19/2006 10/23/2006 DEPARTMENT OF LABOR AND 1 $35.00 JIM BEHAN 10/20/2006 10/23/2006 SPRINT *WIRELESS SVCS $44.55 JIM BEHAN 10/23/2006 10/24/2006 HORIZON POOL SUPPLY $405.62 JIM BEHAN 10/23/2006 10/25/2006 THERMO -DYNE INC $133.00 JIM BEHAN 10/24/2006 10/26/2006 MINVALCO INC $271.37 JIM BEHAN 10/25/2006 10/26/2006 ADAMS PEST CONTROL $149.58 JIM BEHAN 10/19/2006 10/20/2006 ZIPZOOMFLY COM $49.99 CHAD BERGO 10/20/2006 10/23/2006 BLUE RIBBON BAIT & TACKLE $8.30 OAKLEY BIESANZ 10/24/2006 10/25/2006 KNOWLANS #2 $4.67 OAKLEY BIESANZ 10/25/2006 10/26/2006 FACTORY CARD OUTLET #264 $3.81 OAKLEY BIESANZ 10/25/2006 10/27/2006 MICHAELS #9401 $17.69 OAKLEY BIESANZ 10/19/2006 10/23/2006 OAKDALE RENTAL CENTER $179.99 TROY BRINK 10/16/2006 10/17/2006 FEDEX KINKO'S #0617 $59.64 HEIDI CAREY 10/18/2006 10/19/2006 FEDEX KINKO'S #0617 $59.64 HEIDI CAREY 10/20/2006 10/23/2006 DUNE TEMPORARY TATTOOS IN $88.50 HEIDI CAREY 10/25/2006 10/27/2006 POSTERSIGNS $170.70 HEIDI CAREY 10/18/2006 10/19/2006 PAYPAL INC $59.95 LINDA CROSSON 10/24/2006 10/25/2006 GE CAPITAL $158.69 LINDA CROSSON 10/12/2006 10/16/2006 THE HOME DEPOT 2810 ($31.92) CHARLES DEAVER 10/12/2006 10/16/2006 TARGET 00006940 $19.16 CHARLES DEAVER 10/12/2006 10/16/2006 THE HOME DEPOT 2810 $21.26 CHARLES DEAVER 10/17/2006 10/18/2006 TARGET 00006940 ($19.16) CHARLES DEAVER 10/17/2006 10/18/2006 TARGET 00006940 $21.29 CHARLES DEAVER 10/17/2006 10/19/2006 THE HOME DEPOT 2810 $7.42 CHARLES DEAVER 10/18/2006 10/19/2006 FRATTALLONE'S ACE HDWE $4.47 CHARLES DEAVER 10/19/2006 10/20/2006 MENARDS 3059 $6.35 CHARLES DEAVER 10/19/2006 10/23/2006 BIRD HOUSE TOO $15.98 CHARLES DEAVER 10/13/2006 10/16/2006 HENRIKSEN ACE HARDWARE $34.43 LARRY FARR 10/16/2006 10/17/2006 MENARDS 3059 {$0.94} LARRY FARR 10/16/2006 10/17/2006 MENARDS 3059 ($61.58) LARRY FARR 10/16/2006 10/18/2006 THE HOME DEPOT 2801 {$272.72} LARRY FARR 10/16/2006 10/18/2006 THE HOME DEPOT 2801 ($21.19) LARRY FARR 10/17/2006 10/19/2006 THE HOME DEPOT 2810 $103.90 LARRY FARR 10/17/2006 10/23/2006 OVERHEAD DOOR OF NORTH $309.15 LARRY FARR 10/18/2006 10/20/2006 THE HOME DEPOT 2801 $427.61 LARRY FARR 10/18/2006 10/20/2006 THE HOME DEPOT 2801 $12.75 LARRY FARR i Visa Transactions 10 -14 -06 to 10 -27 -06 Trans Date Posting Date Merchant Name Trans Amount Name 10/19/2006 10/23/2006 THE HOME DEPOT 2801 ($51.04) LARRY FARR 10/19/2006 10/23/2006 THE HOME DEPOT 2801 $37.78 LARRY FARR 10/20/2006 10/23/2006 THE HOME DEPOT 2801 {$103.90} LARRY FARR 10/20/2006 10/23/2006 TWIN CITY HARDWARE HADLEY $227.48 LARRY FARR 10/20/2006 10/23/2006 THE HOME DEPOT 2801 $15.91 LARRY FARR 10/20/2006 10/23/2006 MENARDS 3059 $57.54 LARRY FARR 10/25/2006 10/27/2006 ENERGY MAINTENANCE $399.17 LARRY FARR 10/19/2006 10/23/2006 FANFARE PROMOTIONS INC $112.00 DAVID FISHER 10/18/2006 10/19/2006 INSIGHT PUBLIC SECTORS $450.07 MYCHAL FOWLDS 10/23/2006 10/25/2006 THE OLIVE GARD00012005 $95.10 MYCHAL FOWLDS 10/23/2006 10/25/2006 CVS PHARMACY #1751 Q03 $10.20 MYCHAL FOWLDS 10/24/2006 10/25/2006 CITY OF ROSEVILLE CITY HA $865.00 MYCHAL FOWLDS 10/24/2006 10/26/2006 SPRINTPCS- CUSTCAREPMT $122.52 MYCHAL FOWLDS 10/25/2006 10/26/2006 AT &T ARBOR /ESB $1,013.60 MYCHAL FOWLDS 10/25/2006 10/27/2006 ELECTRO WATCHMAN INC $511.00 MYCHAL FOWLDS 10/26/2006 10/27/2006 ACS GOVERNMENT SYSTEMS $2,284.32 MYCHAL FOWLDS 10/12/2006 10/16/2006 OFFICE MAX 00005272 $532.49 NICK FRANZEN 10/12/2006 10/16/2006 AEI ELECTRONICS CENTER $47.48 NICK FRANZEN 10/13/2006 10/16/2006 COMPUSA 294 $31.94 NICK FRANZEN 10/17/2006 10/18/2006 SYX *TIGERDIRECT.COM $106.54 NICK FRANZEN 10/17/2006 10/19/2006 OFFICE MAX 00005272 $22.33 NICK FRANZEN 10/20/2006 10/23/2006 COMPUSA #220 M/O $194.88 NICK FRANZEN 10/22/2006 10/23/2006 HP DIRECT- PUBLICSECTOR $4,298.10 NICK FRANZEN 10/13/2006 10/16/2006 PAKOR INC $429.53 PATRICIA FRY 10/14/2006 10/16/2006 TARGET 00006940 $26.60 PATRICIA FRY 10/16/2006 10/17/2006 S & T OFFICE PRODUCTS $31.18 PATRICIA FRY 10/17/2006 10/18/2006 ST PAUL STAMP WORKS INC $305.85 PATRICIA FRY 10/18/2006 10/19/2006 S & T OFFICE PRODUCTS $111.10 PATRICIA FRY 10/19/2006 10/20/2006 S & T OFFICE PRODUCTS ($15.59) PATRICIA FRY 10/20/2006 10/23/2006 S & T OFFICE PRODUCTS $100.45 PATRICIA FRY 10/26/2006 10/27/2006 PITNEY BOWES INVOICE $1,329.00 PATRICIA FRY 10/26/2006 10/27/2006 PITNEY BOWES INVOICE $148.00 PATRICIA FRY 10/14/2006 10/16/2006 RESTAURANT DEPOT $98.55 MIKE GRAF 10/19/2006 10/20/2006 CLOVER SUPER FOODS $133.72 MIKE GRAF 10/24/2006 10/26/2006 ARAMARK REF SVS #6013- $655.53 MIKE GRAF 10/14/2006 10/16/2006 VZW APO CCVISIONNO $46.05 KAREN E GUILFOILE 10/16/2006 10/18/2006 CHI POTLE #0224 Q69 $89.94 KAREN E GUILFOILE 10/18/2006 10/19/2006 WWW.ACEHARDWARE.COM $372.21 KAREN E GUILFOILE 10/17/2006 10/18/2006 S & T OFFICE PRODUCTS $28.90 LORI HANSOM 10/17/2006 10/18/2006 ST PAUL STAMP WORKS INC $10.23 LORI HANSON 10/18/2006 10/19/2006 S & T OFFICE PRODUCTS $11.10 LORI HANSOM 10/24/2006 10/25/2006 REED BUS INFO ACCT REC $1,221.12 LORI HANSON 10/22/2006 10/24/2006 THE HOME DEPOT 2801 ($25.28) PATRICK HEFFERNAN 10/22/2006 10/24/2006 THE HOME DEPOT 2801 $35.73 PATRICK HEFFERNAN 10/23/2006 10/24/2006 MENARDS 3059 $34.01 PATRICK HEFFERNAN 10/23/2006 10/25/2006 THE HOME DEPOT 2801 $104.06 PATRICK HEFFERNAN 10/26/2006 10/27/2006 NAPA AUTO PARTS # 28438 $10.32 PATRICK HEFFERNAN 10/26/2006 10/27/2006 MENARDS 3059 $9.56 PATRICK HEFFERNAN 10/12/2006 10/16/2006 GRUBER'S POWER EQUIPME $157.53 GARY HINNENKAMP 10/20/2006 10/25/2006 AMERICAN RED CROSS $190.00 RON HORWATH 10/21/2006 10/23/2006 HENRIKSEN ACE HARDWARE $10.61 RON HORWATH 10/14/2006 10/16/2006 SCIENCE MUSEUM RAMP $6.00 ANN E HUTCHINSON 10/16/2006 10/17/2006 REDWOOD SIGNS $217.26 ANN E HUTCHINSON 10/25/2006 10/27/2006 SUNRAY TRUE VALUE $8.32 ANN E HUTCHINSON 10/24/2006 10/26/2006 DALCO ENTERPRISES, INC $817.44 DAVID JAHN i[ Visa Transactions 10 -14 -06 to 10 -27 -06 Trans Date Posting Date Merchant Name Trans Amount Name 10/13/2006 10/16/2006 UNIFORMS UNLIMITED INC $165.08 TOM KALKA 10/18/2006 10/20/2006 GOODYEAR AUTO SRV CT 6920 $44.00 TOM KALKA 10/18/2006 10/19/2006 HENRIKSEN ACE HARDWARE $28.74 MARY B KOEHNEN 10/14/2006 10/16/2006 MCDONALD'S F6493 $140.16 DUWAYNE KONEWKO 10/24/2006 10/25/2006 U OF M CCE ON LINE $140.00 STEVEN KUMMER 10/16/2006 10/18/2006 MARINA LOUNGE $18.37 DAVID KVAM 10/17/2006 10/19/2006 KFC LITTLE FALLS $13.45 DAVID KVAM 10/17/2006 10/20/2006 DALCO ENTERPRISES, INC $257.43 MICHAEL LIDBERG 10/19/2006 10/20/2006 MENARDS 3059 $39.89 DENNIS LINDORFF 10/12/2006 10/16/2006 JOANN ETC #1970 $18.08 ALISHA M LUKIN 10/12/2006 10/16/2006 RAINBOW FOODS 00088617 $22.43 ALISHA M LUKIN 10/12/2006 10/16/2006 OFFICE MAX 00002204 $69.42 ALISHA M LUKIN 10/18/2006 10/20/2006 RAINBOW FOODS 00088617 $14.79 ALISHA M LUKIN 10/18/2006 10/20/2006 MICHAELS #2744 $43.20 ALISHA M LUKIN 10/24/2006 10/25/2006 TARGET 00011858 $21.15 ALISHA M LUKIN 10/24/2006 10/26/2006 RAINBOW FOODS 00088617 $23.92 ALISHA M LUKIN 10/24/2006 10/26/2006 DOLRTREE 3150 00031500 $14.91 ALISHA M LUKIN 10/15/2006 10/16/2006 DE LAGE LANDEN OP01 OF 01 $379.14 STEVE LUKIN 10/15/2006 10/16/2006 VZW APO CCVISIONNO $25.69 STEVE LUKIN 10/19/2006 10/23/2006 RAINBOW FOODS 00088617 $100.00 STEVE LUKIN 10/19/2006 10/23/2006 RAINBOW FOODS 00088617 $33.00 STEVE LUKIN 10/20/2006 10/23/2006 AMERICAN MESSAGING RECUR $17.76 STEVE LUKIN 10/23/2006 10/24/2006 VALLEY TROPHY $412.37 STEVE LUKIN 10/15/2006 10/16/2006 VZW APO CCVISIONNO $50.49 MARK MARUSKA 10/16/2006 10/17/2006 ZEP MANUFACTURING $669.83 MARK MARUSKA 10/17/2006 10/18/2006 GARCEAU HARDWARE AND POWE $25.00 MARK MARUSKA 10/23/2006 10/26/2006 LTG POWER EQUIPMENT $62.53 MARK MARUSKA 10/25/2006 10/27/2006 TWIN CITY SAW CO $391.78 MARK MARUSKA 10/18/2006 10/19/2006 IRON AGE CORP $124.99 GERALD MEYER 10/15/2006 10/16/2006 VZW APO CCVISIONNO $60.81 ED NADEAU 10/13/2006 10/16/2006 SPRINT *WIRELESS SVCS $430.12 BRYAN NAGEL 10/19/2006 10/20/2006 U OF M BLOSYS /AG ENG OL $100.00 AMY NIVEN 10/19/2006 10/20/2006 S & T OFFICE PRODUCTS $189.83 AMY NIVEN 10/20/2006 10/23/2006 S & T OFFICE PRODUCTS $8.80 AMY NIVEN 10/13/2006 10/16/2006 CARPENTERS SMALL ENGINE R $9.57 RICHARD NORDQUIST 10/26/2006 10/27/2006 CARPENTERS SMALL ENGINE R $9.78 RICHARD NORDQUIST 10/20/2006 10/23/2006 DAIRY QUEEN #12883 Q68 $5.90 JULIE OLSON 10/20/2006 10/23/2006 DAIRY QUEEN #12883 Q68 $6.58 JULIE OLSON 10/20/2006 10/23/2006 COUNTRY KITCHEN OF PRO $17.91 JULIE OLSON 10/22/2006 10/24/2006 COUNTRY INN & SUITES $1,175.04 JULIE OLSON 10/22/2006 10/24/2006 CULVER'S OF FOREST LAK $11.80 JULIE OLSON 10/13/2006 10/16/2006 UNITED RENTALS #D10 $484.58 ERICK OSWALD 10/17/2006 10/19/2006 THE HOME DEPOT 2801 $148.76 ERICK OSWALD 10/26/2006 10/27/2006 HEJNY RENTAL $277.18 ERICK OSWALD 10/17/2006 10/18/2006 S & T OFFICE PRODUCTS $55.22 MARY KAY PALANK 10/18/2006 10/19/2006 S & T OFFICE PRODUCTS $14.65 MARY KAY PALANK 10/25/2006 10/26/2006 HENRIKSEN ACE HARDWARE $32.27 ROBERT PETERSON 10/12/2006 10/16/2006 INDUSTRIAL SAFETY GEAR.CO $71.84 PHILIP F POWELL 10/13/2006 10/16/2006 AMZ *AMAZON PAYMENTS $33.21 PHILIP F POWELL 10/13/2006 10/16/2006 AMZ *AMAZON PAYMENTS $23.34 PHILIP F POWELL 10/13/2006 10/16/2006 MEDCO SUPPLY $70.77 PHILIP F POWELL 10/15/2006 10/16/2006 AMAZON.COM $57.94 PHILIP F POWELL 10/16/2006 10/17/2006 SIRCHIE FINGER PRINT LABO $44.33 PHILIP F POWELL 10/20/2006 10/23/2006 ABACUS PLUS SERVICES INC $953.18 PHILIP F POWELL 10/26/2006 10/27/2006 DR *1 CLICK DVD COPY $60.17 PHILIP F POWELL ivA Visa Transactions 10 -14 -06 to 10 -27 -06 Trans Date Posting Date Merchant Name Trans Amount Name 10/13/2006 10/16/2006 BOUND TREE MEDICAL LLC $164.79 ROBERT PRECHTEL 10/24/2006 10/25/2006 METRO SALES INC $944.45 WILLIAM J PRIEFER 10/12/2006 10/16/2006 KATH AUTO PARTS NSP $69.74 STEVEN PRIEM 10/12/2006 10/16/2006 TOUSLEY FORD 127200039 $74.99 STEVEN PRIEM 10/12/2006 10/16/2006 TOUSLEY FORD 127200039 $23.75 STEVEN PRIEM 10/12/2006 10/18/2006 AMERICAN FASTENER & SUPPL $29.58 STEVEN PRIEM 10/16/2006 10/17/2006 BAUER BUILT TRE33200023 $156.92 STEVEN PRIEM 10/16/2006 10/17/2006 BAUER BUILT TRE33200023 $220.46 STEVEN PRIEM 10/16/2006 10/17/2006 BAUER BUILT TRE33200023 $333.26 STEVEN PRIEM 10/16/2006 10/17/2006 BAUER BUILT TRE33200023 $159.75 STEVEN PRIEM 10/18/2006 10/20/2006 TOUSLEY FORD 127200039 $112.33 STEVEN PRIEM 10/19/2006 10/20/2006 FACTORY MOTOR PARTS #19 $45.69 STEVEN PRIEM 10/19/2006 10/20/2006 FACTORY MOTOR PARTS #19 $91.38 STEVEN PRIEM 10/19/2006 10/20/2006 PARTS ASSOCIATES INC $170.10 STEVEN PRIEM 10/19/2006 10/23/2006 KATH AUTO PARTS NSP $49.03 STEVEN PRIEM 10/20/2006 10/23/2006 KATH AUTO PARTS NSP $2.32 STEVEN PRIEM 10/24/2006 10/26/2006 COMO LUBE & SUPPLIES $55.50 STEVEN PRIEM 10/24/2006 10/26/2006 BOYER FORD TRUCKS INC $191.18 STEVEN PRIEM 10/24/2006 10/26/2006 CATCO PARTS &SERVICE $323.18 STEVEN PRIEM 10/16/2006 10/18/2006 EXCELLCOM $206.60 KEVIN RABBETT 10/12/2006 10/16/2006 MCFARLANE MEDIA $395.44 TERRIE RAMEAUX 10/13/2006 10/16/2006 MN OCCUPATIONAL HEALTH $72.50 TERRIE RAMEAUX 10/16/2006 10/17/2006 LORMAN EDUCATION SERVICE $329.00 TERRIE RAMEAUX 10/17/2006 10/18/2006 S & T OFFICE PRODUCTS $130.77 TERRIE RAMEAUX 10/18/2006 10/19/2006 S & T OFFICE PRODUCTS $23.43 TERRIE RAMEAUX 10/18/2006 10/19/2006 S & T OFFICE PRODUCTS $19.75 TERRIE RAMEAUX 10/18/2006 10/23/2006 MINNESOTA WOMENS PRESS 1 $133.75 TERRIE RAMEAUX 10/21/2006 10/23/2006 THE STAR TRIBUNE- ADVERTIS $724.60 TERRIE RAMEAUX 10/25/2006 10/26/2006 S & T OFFICE PRODUCTS $9.16 TERRIE RAMEAUX 10/16/2006 10/17/2006 HILLYARD INC MINNEAPOLIS $1,295.07 MICHAEL REILLY 10/19/2006 10/20/2006 HENRIKSEN ACE HARDWARE $20.39 MICHAEL REILLY 10/25/2006 10/27/2006 DALCO ENTERPRISES, INC $870.39 MICHAEL REILLY 10/14/2006 10/16/2006 MILLS FLEET FARM #27 $66.16 AUDRA ROBBINS 10/17/2006 10/20/2006 PINE TREE APPLE ORCHARD $82.78 AUDRA ROBBINS 10/20/2006 10/23/2006 GRAND SLAM SPORTS $96.54 AUDRA ROBBINS 10/20/2006 10/23/2006 WONDER/HOSTESS #63 $7.22 AUDRA ROBBINS 10/20/2006 10/23/2006 THE PARK AT MOA ADM $197.10 AUDRA ROBBINS 10/20/2006 10/23/2006 EAGAN CITGO Q39 $9.80 AUDRA ROBBINS 10/19/2006 10/23/2006 OFFICE DEPOT #1090 $34.62 DEB SCHMIDT 10/25/2006 10/26/2006 FACTORY CARD OUTLET #284 $17.03 DEB SCHMIDT 10/15/2006 10/16/2006 HEJNY RENTAL $144.07 RUSSELL L SCHMIDT 10/20/2006 10/23/2006 CUB FOODS, INC. $24.63 RUSSELL L SCHMIDT 10/24/2006 10/26/2006 ARMSTRONG RANCH KENNELS $339.74 MICHAEL SHORTREED 10/24/2006 10/25/2006 T- MOBILE IVR PAYMENT $146.79 ANDREA SINDT 10/24/2006 10/25/2006 T- MOBILE IVR PAYMENT $47.92 ANDREA SINDT 10/25/2006 10/26/2006 SPRINT *WIRELESS SVCS $419.23 ANDREA SINDT 10/20/2006 10/23/2006 SKYHAWKS SPORTS ACADEMY $1,695.00 PAULINE STAPLES 10/12/2006 10/16/2006 CUB FOODS, INC. $20.46 JOANNE M SVENDSEN 10/15/2006 10/16/2006 DE LAGE LANDEN OP01 OF 01 $626.43 JOANNE M SVENDSEN 10/19/2006 10/23/2006 CUB FOODS, INC. $87.15 JOANNE M SVENDSEN 10/25/2006 10/26/2006 METRO SALES INC $97.26 JOANNE M SVENDSEN 10/19/2006 10/23/2006 SPRINT -STORE #2430 $80.92 RONALD SVENDSEN 10/19/2006 10/20/2006 METRO FIRE $132.69 RUSTIN SVENDSEN 10/13/2006 10/16/2006 MUSKA LIGHTING CENTER $306.05 LYLE SWANSON 10/13/2006 10/16/2006 MUSKA LIGHTING CENTER $124.61 LYLE SWANSON iE Visa Transactions 10 -14 -06 to 10 -27 -06 Trans Date Posting Date 10/13/2006 10/16/2006 10/19/2006 10/20/2006 10/12/2006 10/16/2006 10/17/2006 10/19/2006 10/20/2006 10/23/2006 10/20/2006 10/23/2006 10/22/2006 10/23/2006 10/23/2006 10/25/2006 10/17/2006 10/19/2006 10/25/2006 10/27/2006 Merchant Name TWIN CITY FILTER SERV. TWIN CITY FILTER SERV. STREAMLINE DESIGN INC NATIONAL HS FED OR NFHS COMCAST CABLE COMM QW ESTCOMM *TN651 QW ESTCOMM *TN651 FSH COMMUNICATION01 OF 01 UNIFORMS UNLIMITED INC OFFICE MAX 00002204 Trans Amount Name $61.37 LYLE SWANSON $164.29 LYLE SWANSON $608.00 DOUGLAS J TAUBMAN $44.50 DOUGLAS J TAUBMAN $111.30 JUDY TETZLAFF $349.57 JUDY TETZLAFF $57.54 JUDY TETZLAFF $58.58 JUDY TETZLAFF ($44.68) DAVID J THOMALLA $26.92 SUSAN ZWIEG $50,197.44 IF CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 10/20/06 CAVE, REBECCA 397.80 10/20/06 HJELLE, ERIK 397.80 10/20/06 JUENEMANN, KATHLEEN 397.80 10/20/06 ROSSBACH, WILLIAM 397.80 10/20/06 COPELAND, EUGENE 3,090.00 10/20/06 FARR, LARRY 1,912.50 10/20/06 SWANSON, LYLE 1,711.57 10/20/06 ARNOLD, AJLA 840.00 10/20/06 RAMEAUX, THERESE 2,648.69 10/20/06 FAUST, DANIEL 4,292.22 10/20/06 SCHMIDT, DEBORAH 1,570.96 10/20/06 ANDERSON, CAROLE 600.88 10/20/06 BAUMAN, GAYLE 3,544.02 10/20/06 JACKSON, MARY 1,873.35 10/20/06 KELSEY, CONNIE 842.17 10/20/06 TETZLAFF, JUDY 1,873.35 10/20/06 FRY, PATRICIA 1,738.95 10/20/06 GUILFOILE, KAREN 2,969.70 10/20/06 MORSON, JOHN 383.04 10/20/06 SPANGLER, EDNA 921.45 10/20/06 JAGOE, CAROL 1,679.66 10/20/06 MECHELKE, SHERRIE 1,012.73 10/20/06 MOY, PAMELA 1,360.13 10/20/06 OLSON, SANDRA 1,334.06 10/20/06 OSTER, ANDREA 1,828.84 10/20/06 WEAVER, KRISTINE 1,839.77 10/20/06 BANICK, JOHN 4,017.82 10/20/06 CORCORAN, THERESA 1,677.35 10/20/06 POWELL, PHILIP 2,394.54 10/20/06 RICHIE, CAROLE 1,68428 10/20/06 THOMALLA, DAVID 4,429.00 10/20/06 ABEL, CLINT 2,532.55 10/20/06 ALDRIDGE, MARK 2,884.57 10/20/06 ANDREWS, SCOTT 3,536.61 10/20/06 BAKKE, LONN 2,878.22 10/20/06 BELDE, STANLEY 2,794.57 10/20/06 BIERDEMAN, BRIAN 2,687.05 10/20/06 BOHL, JOHN 2,651.50 10/20/06 BUSACK, DANIEL 2,400.11 10/20/06 COFFEY, KEVIN 2,631.54 10/20/06 GROTTY, KERRY 2,938.11 10/20/06 DOBLAR, RICHARD 2,936.03 ic7 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 10/20/06 GABRIEL, ANTHONY 3,072.19 10/20/06 HEINZ, STEPHEN 3,004.33 10/20/06 HIEBERT, STEVEN 2,82832 10/20/06 JOHNSON, KEVIN 3,438.02 10/20/06 KALKA, THOMAS 686.28 10/20/06 KARIS, FLINT 2,940.35 10/20/06 KONG, TOMMY 2,620.84 10/20/06 KROLL, BRETT 2,444.26 10/20/06 KVAM, DAVID 3,523.42 10/20/06 LANGNER, TODD 1,874.47 10/20/06 LARSON, DANIEL 2,400.11 10/20/06 LU, JOHNNIE 2,45L61 10/20/06 MARINO, JASON 2,400.11 10/20/06 MARTIN, DANIEL 654.68 10/20/06 MARTIN, JERROLD 3,115.96 10/20/06 MCCARTY, GLEN 2 10/20/06 METRY, ALESIA 2,620.84 10/20/06 NYE, MICHAEL 2,076.52 10/20/06 OLSON, JULIE 2,653.94 10/20/06 RABBETT, KEVIN 3,587.70 10/20/06 RHUDE, MATTHEW 2,062.98 10/20/06 STEFFEN, SCOTT 3,203.88 10/20/06 STEINER, JOSEPH 1,915.93 10/20/06 SYPNIEWSKI, WILLIAM 2,165.81 10/20/06 SZCZEPANSKI, THOMAS 2,630.65 10/20/06 TRAN, JOSEPH 2,331.55 10/20/06 WENZEL, JAY 2,488.40 10/20/06 XIONG, KAO 2,400.11 10/20/06 BARTZ, PAUL 2,560.09 10/20/06 BERGERON, JOSEPH 3,480.17 10/20/06 DUGAS, MICHAEL 2,676.34 10/20/06 ERICKSON, VIRGINIA 2,605.80 10/20/06 FLOR, TIMOTHY 3,935.99 10/20/06 FRASER, JOHN 2,720.07 10/20/06 LANGNER, SCOTT 2,445.82 10/20/06 PALMA, STEVEN 3,396.83 10/20/06 THEISEN, PAUL 2,828.32 10/20/06 THIENES, PAUL 2,628.65 10/20/06 BARTA, JEREMY 1,958.85 10/20/06 BECK, PATRICK 682.10 10/20/06 BECK, YANCEY 929.28 10/20/06 BECKER, SHANE 1,843.10 10/20/06 CORK, JEFFRY 657.45 10/20/06 DAWSON, RICHARD 2,718.82 21 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 10/20/06 DUELLMAN, KIRK 2,203.55 10/20/06 EVANS, JASON 877.04 10/20/06 EVERSON, PAUL 2,733.39 10/20/06 FITZGERALD, EDWARD 976.16 10/20/06 GARZA, BRANDON 684.40 10/20/06 GJERTSON, MARK 727.20 10/20/06 HAGEN, MICHAEL 95321 10/20/06 HALWEG, JODI 2,036.68 10/20/06 HEFFERNAN, PATRICK 2,602.28 10/20/06 HJELLE, ERIK 1,525.08 10/20/06 IMM, TRACY 718.84 10/20/06 JOHNSON, DOUGLAS 2,27298 10/20/06 KNAPP, BRETT 1,825.85 10/20/06 LAW, ROBERT 484.94 10/20/06 MAHONEY, KENNETH 724.33 10/20/06 MUTZENBERGER, JODY 721.11 10/20/06 NOVAK, JEROME 2,414.11 10/20/06 NOWICKI, PAUL 1,746.58 10/20/06 OPHEIM, JOHN 2,193.78 10/20/06 PARSONS, KURT 2,181.62 10/20/06 PETERSON, MARK 988.40 10/20/06 PETERSON, ROBERT 2,492.12 10/20/06 PODOBINSKI, LAURENCE 1,33422 10/20/06 PRECHTEL, ROBERT 2,362.17 10/20/06 RAINEY, JAMES 1,164.46 10/20/06 REYNOSO, ANGEL 809.56 10/20/06 RIEMENSCHNEIDER, RONALD 1,409.02 10/20/06 SCHOLEN, CHRISTOPHER 723.54 10/20/06 SCHULTZ, JEROME 1,132.63 10/20/06 SCHWARTZ, SHAWN 859.99 10/20/06 STANWAY, ROBERT 827.56 10/20/06 SVENDSEN, RONALD 2,546.04 10/20/06 THOMPSON, JAMES 746.50 10/20/06 WASHENBERGER, CHARLES 637.52 10/20/06 WATERS, JOSEPH 2,620.75 10/20/06 WHELEHAN, ROBERT 1,766.88 10/20/06 GERVAIS -JR, CLARENCE 2,868.34 10/20/06 BAUER, MICHELLE 1,722.95 10/20/06 FLAUGHER, JAYEE 1,933.55 10/20/06 HERMANSON, CHAD 1,676.55 10/20/06 HUBIN, KENNARD 1,72295 10/20/06 KNAPP, BRETT 1,746.83 10/20/06 LINN, BRYAN 2,080.70 10/20/06 PACOLT, MARSHA 2,529.68 22 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 10/20/06 RABINE, JANET 1,917.36 10/20/06 SCHAULS, ADAM 39.00 10/20/06 STAHNKE, JULIE 1,931.76 10/20/06 LUKIN, STEVEN 4,016.18 10/20/06 SVENDSEN, RUSTIN 3,219.37 10/20/06 ZWIEG, SUSAN 1,813.35 10/20/06 DOLLERSCHELL, ROBERT 293.39 10/20/06 AHL, R. CHARLES 4,500.69 10/20/06 KNUTSON, LOIS 1,570.95 10/20/06 KONEWKO, DUWAYNE 3,059.51 10/20/06 NIVEN, AMY 1,268.22 10/20/06 PRIEFER, WILLIAM 2,601.26 10/20/06 BRINK, TROY 2,047.30 10/20/06 DEBILZAN, THOMAS 1,893.36 10/20/06 EDGE, DOUGLAS 1,893.35 10/20/06 FREBERG, RONALD 137.67 10/20/06 JONES, DONALD 1,913.35 10/20/06 MEISSNER, BRENT 460.00 10/20/06 MEYER, GERALD 1,969.79 10/20/06 NAGEL, BRYAN 2,486.01 10/20/06 OSWALD, ERICK 2,080.46 10/20/06 RUNNING, ROBERT 1,886.95 10/20/06 TEVLIN, TODD 1,829.15 10/20/06 DUCHARME, JOHN 2,414.86 10/20/06 ENGSTROM, ANDREW 1,776.58 10/20/06 ISAKSON, CHAD 277.44 10/20/06 JACOBSON, SCOTT 1,864.10 10/20/06 JAROSCH, JONATHAN 2,030.15 10/20/06 KUMMER, STEVEN 2,33822 10/20/06 LABEREE, ERIN 783.55 10/20/06 LINDBLOM, RANDAL 2,836.39 10/20/06 MEINHOLZ, WILLIAM 98.56 10/20/06 PECK, DENNIS 2,421.79 10/20/06 SCHREMPP, ANTHONY 182.10 10/20/06 THOMPSON, MICHAEL 2,441.83 10/20/06 ANDERSON, BRUCE 4,184.27 10/20/06 CAREY, HEIDI 2,179.78 10/20/06 HALL, KATHLEEN 1,820.31 10/20/06 MARUSKA, MARK 2,754.63 10/20/06 NAUGHTON, JOHN 1,822.15 10/20/06 SCHINDELDECKER, JAMES 1,895.66 10/20/06 BIESANZ, OAKLEY 1,630.92 10/20/06 DEAVER, CHARLES 532.48 10/20/06 HAYMAN, JANET 82993 23 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 10/20/06 HUTCHINSON, ANN 2,330.27 10/20/06 NELSON, JEAN 1,080.39 10/20/06 GAYNOR, VIRGINIA 2,060.55 10/20/06 HAMRE, MILES 540.00 10/20/06 EKSTRAND, THOMAS 3,244.09 10/20/06 KROLL, LISA 1,290.68 10/20/06 LIVINGSTON, JOYCE 1,009.18 10/20/06 SINDT, ANDREA 1,745.35 10/20/06 THOMPSON, DEBRA 670.94 10/20/06 YOUNG, TAMELA 1,613.35 10/20/06 FINWALL, SHANN 2,388.55 10/20/06 ROBERTS, KENNETH 2,714.61 10/20/06 BRASH, JASON 1,498.40 10/20/06 CARVER, NICHOLAS 2,853.51 10/20/06 FISHER, DAVID 3,712.12 10/20/06 RICE, MICHAEL 2,110.95 10/20/06 SWAN, DAVID 2,214.15 10/20/06 WELLENS, MOLLY 1,351.00 10/20/06 WORK, ALICIA 13L63 10/20/06 KELLY, LISA 1,25L57 10/20/06 LUKIN, ALISHA 960.00 10/20/06 OHLHAUSER, MEGHAN 388.13 10/20/06 ROBBINS, AUDRA 2,28825 10/20/06 SHERRILL, CAITLIN 446.13 10/20/06 STAPLES, PAULINE 3,028.20 10/20/06 TAUBMAN, DOUGLAS 2,854.34 10/20/06 UNDERHILL, KRISTEN 324.00 10/20/06 GERMAIN, DAVID 1,90159 10/20/06 NORDQUIST, RICHARD 2,008.80 10/20/06 SCHULTZ, SCOTT 2,124.33 10/20/06 ANZALDI, MANDY 1,692.22 10/20/06 CRAWFORD - JR, RAYMOND 194.00 10/20/06 CROSSON, LINDA 2,782.65 10/20/06 EVANS, CHRISTINE 771.46 10/20/06 GRAF, MICHAEL 2,094.61 10/20/06 HER, CHONG 456.00 10/20/06 HOFMEISTER, MARY 744.01 10/20/06 PELOQUIN, PENNYE 485.02 10/20/06 SCHMIDT, RUSSELL 2,094.61 10/20/06 SCHULZE, BRIAN 769.13 10/20/06 TOLBERT, FRANCINE 174.50 10/20/06 ZIELINSKI, JUDY 133.20 10/20/06 BRENEMAN, NEIL 376.75 10/20/06 BRUSOE, CRISTINA 157.88 24 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 25 10/20/06 DUNN, RYAN 618.54 10/20/06 ERICKSON- CLARK, CAROL 23.75 10/20/06 EVANS, KRISTIN 175.60 10/20/06 FIERRO WESTBERG, MELINDA 8L25 10/20/06 FONTAINE, KIM 754.16 10/20/06 GREDVIG, ANDERS 298.76 10/20/06 HASSENSTAB, DENISE 44.70 10/20/06 HORWATH, RONALD 2,159.70 10/20/06 KOEHNEN, AMY 172.35 10/20/06 KOEHNEN, MARY 1,525.51 10/20/06 KRONHOLM, KATHRYN 451.95 10/20/06 LAMEYER, ZACHARY 8.13 10/20/06 MATHEWS, LEAH 102.55 10/20/06 PROESCH, ANDY 399.22 10/20/06 SMITH, ANN 137.90 10/20/06 TRUE, CAROLINE 79.20 10/20/06 TUPY, HEIDE 169.60 10/20/06 TUPY, MARCUS 385.88 10/20/06 WERNER, REBECCA 78.80 10/20/06 WOLFGRAM, MARY 6138 10/20/06 GROPPOLI, LINDA 297.50 10/20/06 HOLMGREN, STEPHANIE 77.00 10/20/06 BEHAN, JAMES 1,76923 10/20/06 LONETTI, JAMES 4,462.55 10/20/06 PATTERSON, ALBERT 1,149.24 10/20/06 PRINS, KELLY 1,046.84 10/20/06 REILLY, MICHAEL 1,706.95 10/20/06 SCHOENECKER, LEIGH 145.53 10/20/06 AICHELE, CRAIG 2,064.87 10/20/06 PRIEM, STEVEN 2,129.35 10/20/06 WOEHRLE, MATTHEW 1,706.47 10/20/06 BERGO, CHAD 2,355.82 10/20/06 FOWLDS, MYCHAL 2,561.82 10/20/06 FRANZEN, NICHOLAS 1,926.55 999999 10/13/06 JOHNSON, BONNIE 2,638.79 1000007 10/20/06 LONGRIE, DIANA 45100 1000008 10/20/06 JAHN, DAVID 1,713.41 1000009 10/20/06 MORIN, TROY 165.75 1000010 10/20/06 MATHEYS, ALANA 2,05921 1000011 10/20/06 HANSEN, LORI 1,813.35 1000012 10/20/06 GENNOW, PAMELA 104.00 1000013 10/20/06 HAACK, DONITA 136.00 1000014 10/20/06 PALANK, MARY 1,679.66 1000015 10/20/06 SVENDSEN, JOANNE 2,11 695 25 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 1000016 10120/06 SHORTREED, MICHAEL 3,268.81 1000017 10120/06 WELCHLIN, CABOT 2,716.29 1000018 10120106 ACOSTA, MARK 946.44 1000019 10/20/06 AMBORN, JASON 1,009.02 1000020 10120 /06 ANDERSON, BRIAN 1,849.92 1000021 10/20/06 BAHL, DAVID 1,357.60 1000022 10120106 BAUMAN, ANDREW 978.12 1000023 10/20/06 BOURQUIN, RON 1,497.82 1000024 10/20/06 BUCHE, JOETTE 2,690.28 1000025 10120/06 CAPISTRANT, JOHN 803.28 1000026 10120106 CAVE, GEORGE 1,047.86 1000027 10/20/06 CROMETT, MARK 1,338.76 1000028 10120/06 CRUMMY, CHARLES 452.01 1000029 10/20/06 DANUKOS, DAVID 376.62 1000030 10120/06 DIETZ, EDWARD 1,074.74 1000031 10/20/06 DITTEL, MICHAEL 1,467.90 1000032 10/20/06 DUELLMAN, AMY 1,213.92 1000033 10120/06 FASULO, WALTER 1,420.18 1000034 10120106 FERGUSON, ROBERT 351.15 1000035 10/20/06 GERARD, JAMIE 1,578.44 1000036 10120 /06 HAKSETH, NATHAN 1,116.18 1000037 10/20/06 HALE, JOSEPH 1,773.16 1000038 10120/06 HARP, COREY 666.30 1000039 10/20/06 HERLUND, RICK 1,651.66 1000040 10/20/06 HUTCHINSON, JAMES 1,249.92 1000041 10/20/06 KALKA, THOMAS 2,482.92 1000042 10120106 KANE, ROBERT 2,964.06 1000043 10/20/06 KARNOWSKI, SANDRA 2,549.02 1000044 10120/06 KOEHN, CORY 1,114.66 1000045 10/20/06 KONDER, RONALD 907.82 1000046 10120/06 KORTUS, WILLIAM 983.84 1000047 10/20/06 LIDBERG, MICHAEL 1,529.64 1000048 10120/06 LOCHEN, MICHAEL 1,172.48 1000049 10/20/06 MALLORY, GORDON 1,854.46 1000050 10120106 MCGOVERN, JOHN 1,144.16 1000051 10/20/06 MELANDER, JON 1,696.44 1000052 10120/06 MELLEN, RICHARD 1,530.52 1000053 10/20/06 MILLER, NICHOLAS 1,475.96 1000054 10120/06 MONK, JOHN 570.96 1000055 10/20/06 NALIPINSKI, STEPHEN 978.98 1000056 10/20/06 NOLAN, PAUL 1,807.42 1000057 10/20/06 POEHLER, MICHELLE 57.22 1000058 10120106 RAVENWALD, CORINNE 836.14 1000059 10/20/06 RICE, CHRISTOPHER 46154 W . CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 1000060 10/20/06 RICE, DANIEL 1,639.42 1000061 10/20/06 RIDER, JEFFREY 1,012.00 1000062 10/20/06 ROBERTSON, STEVEN 905.00 1000063 10/20/06 ROMANIK, JAMES 1,478.26 1000064 10/20/06 SCHADT, JEFFREY 745.24 1000065 10/20/06 SELBY, JOSEPH 372.30 1000066 10/20/06 SINGER, SCOTT 110.30 1000067 10/20/06 SKOK, STEPHEN 1,345.04 1000068 10/20/06 SOLHEID, DALE 815.84 1000069 10/20/06 STELLA, JAMES 1,768.89 1000070 10/20/06 WHITE, JOEL 655.52 1000071 10/20/06 EDSON, DAVID 1,93128 1000072 10/20/06 HELEY, ROLAND 1,934.59 1000073 10/20/06 HINNENKAMP, GARY 1,911.72 1000074 10/20/06 LINDORFF, DENNIS 1,897.97 1000075 10/20/06 NOVAK, MICHAEL 1,893.35 1000076 10/20/06 BERGREN, KIRSTEN 180.00 1000077 10/20/06 GERNES, CAROLE 450.94 1000078 10/20/06 SOUTTER, CHRISTINE 151.25 1000079 10/20/06 BERGER, STEPHANIE 226.25 1000080 10/20/06 CYLKOWSKI, ANNABELLE 165.00 1000081 10/20/06 CYLKOWSKI, LANCE 90.00 1000082 10/20/06 ERICKSON, AMY 182.00 1000083 10/20/06 FRANK, STEVE 278.00 1000084 10/20/06 GREEK, ABIGAIL 65.00 1000085 10/20/06 HANSEN, ALEXANDER 30.00 1000086 10/20/06 KOHLMAN, JENNIFER 24.00 1000087 10/20/06 LINDA, KELLIE 636.00 1000088 10/20/06 LIUKONEN, MATTHEW 233.00 1000089 10/20/06 LO, CHUEPHENG 68.00 1000090 10/20/06 MERRITT, MICHAEL 93.00 1000091 10/20/06 NELSON, KIRSTEN 70.00 1000092 10/20/06 NIELSEN, ABBY 169.00 1000093 10/20/06 NYBERG, MICHELLE 182.00 1000094 10/20/06 ROBBINS, EMERALD 280.00 1000095 10/20/06 HAAG, MARK 1,85735 1000096 10/20/06 NADEAU, EDWARD 3,061.98 1000097 10/20/06 GLASS, JEAN 1,868.83 1000098 10/20/06 NAGEL, BROOKE 369.68 1000099 10/20/06 SIMPSON, JOSEPH 157.25 1000100 10/20/06 VELASQUEZ, ANGELA 128.25 1000101 10/20/06 ALBRECHT, TIMOTHY 54.38 1000102 10/20/06 ANDERSON, JOSHUA 152.65 1000103 10/20/06 ANDERSON, JUSTIN 15165 27 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 1000104 10120/06 ARNEVIK, ERICA 103.30 1000105 10120/06 BRENEMAN, SEAN 96.50 1000106 10120106 CHASTAN, ADAM 100.75 1000107 10/20/06 CLARK, PAMELA 19635 1000108 10120/06 DEMPSEY, BETH 147.00 1 000109 10/20/06 FENGER, JUSTIN 187.21 1000110 10120/06 GIEL, NICOLE 42.00 1000111 10/20/06 GRUENHAGEN, LINDA 479.35 1000112 10/20/06 HAGSTROM, EMILY 54.10 1000113 10120/06 HERRON, ADAM 131.63 1000114 10120106 IRISH, PETER 120.25 1000115 10/20/06 LEMAY, KATHERINE 13890 1000116 10120/06 NWANOKWALE, MORDY 19.50 1000117 10/20/06 PEHOSKI, JOEL 104.25 1000118 10120 /06 RICHTER, DANIEL 34.00 1000119 10/20/06 RICHTER, NANCY 142.00 1000120 10/20/06 SAUCERMAN, MICHAEL 341.00 1000121 10120/06 SCHMIDT, EMILY 147.75 1000122 10120106 SCHMIDT, JOHN 8275 1000123 10/20/06 SCHRAMM, BRITTANY 73.50 1000124 10120/06 SCHREINER, MICHELLE 27328 1000125 10/20/06 SCHUNEMAN, GREGORY 81.25 1000126 10120/06 SMITLEY, SHARON 477.85 1000127 10/20/06 TELLIN, SARAH 111.20 1000128 10/20/06 WARNER, CAROLYN 301.80 1000129 10120/06 WEDES, CARYL 98.00 1000130 10120106 WHITE, NICOLE 417.46 1000131 10/20/06 WILLIAMS, KRISTINE 76.50 1000132 10120/06 WINEGAR, JILL 25.00 1000133 10/20/06 WOODMAN, ALICE 138.00 1000134 10120/06 BOSLEY, CAROL 330.53 1000135 10/20/06 HER, SHILLAME 24.60 1000136 10/20/06 LEWIS, AMY 74.00 1000137 10120/06 OIE, REBECCA 123.55 1000138 10120106 PARAYNO, GUAI 14283 1000139 10/20/06 SATTLER, MELINDA 10290 1000140 10120/06 STEVENS, PATTI 126.65 1000141 10/20/06 STODGHILL, AMANDA 138.38 1000142 10120/06 VAN HALE, PAULA 66.40 1000143 10/20/06 ZAGER, LINNEA 188.90 1000144 10/20/06 BERLIN, SARAH 82.80 1000145 10120/06 BIRKHOLZ, TYLER 76.45 1000146 10120106 DOUGLASS, TOM 1,369.65 1000147 10/20/06 EVERSON, KYLE 106.40 28 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD 1000148 10124/06 GADOW, ANNA 147.45 1000149 10120/06 HER, GHEE 101.60 1000150 10120106 HER, PETER 95.25 1000151 10/20/06 O'GRADY, VICTORIA 49.70 1000152 10120/06 SCHULZE, KEVIN 182.88 1000153 10/20/06 YANG, KAY 49.70 1000154 10120/06 VANG, TIM 75.85 1000155 10/20 /06 VUE, LOR PAO 125.10 555,275.13 29 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 11/03106 CAVE, REBECCA 397.80 I11%03/06 HJELLE, ERIK 397.80 11 /03 /06 JUENEMANN, KATHLEEN 397.80 11/03/06 ROSSBACH, WILLIAM 397.80 11/03/06 COPELAND, EUGENE 3,090.00 11/03/06 FARR, LARRY 1,912.50 11/03/06 SWANSON, LYLE 1,711.57 11/03/06 ARNOLD, AJLA 840.01 11/03/06 RAMEAUX, THERESE 2,626.40 11/03/06 FAUST, DANIEL 4,417.22 11 /03 /06 SCHMIDT, DEBORAH 1,570.97 11/03/06 ANDERSON, CAROLE 756.59 11/03/06 BAUMAN, GAYLE 3,544.02 11/03/06 JACKSON, MARY 1,873.35 11 /03 /06 KELSEY, CONNIE 942.14 11/03/06 TETZLAFF, JUDY 1,873.35 11/03/06 FRY, PATRICIA 1,738.95 I11%03/06 GUILFOILE, KAREN 3,094.70 11 /03 /06 MORSON, JOHN 383.04 11/03/06 SPANGLER, EDNA 921.45 11/03/06 JAGOE, CAROL 1,679.66 11/03/06 KELLY, LISA 1,369.54 11/03/06 MECHELKE, SHERRIE 1,017.13 11/03/06 MOY, PAMELA 937.97 11/03/06 OLSON, SANDRA 1,201.52 11/03/06 OSTER- ANDREA 1,788.61 11/03/06 WEAVER, KRISTINE 1,839.75 11/03/06 BANICK, JOHN 4,017.82 11/03/06 CORCORAN, THERESA 1,514.23 11/03/06 POWELL, PHILIP 2,394.54 11/03/06 RICHIE, CAROLE 1,684.28 11/03/06 THOMALLA, DAVID 4,429.00 11/03/06 ABEL, CLINT 2,488.40 I11%03/06 ALDRIDGE, MARK 2,704.57 11 /03 /06 ANDREWS, SCOTT 4,778.40 11/03/06 BAKKE, LONN 2,603.29 11/03/06 BELDE, STANLEY 3,345.82 11/03/06 BIERDEMAN, BRIAN 2,775.34 11/03/06 BOHL, JOHN 3,335.47 11/03/06 BUSACK, DANIEL 2,429.54 11/03/06 COFFEY, KEVIN 2,717.25 11/03/06 CROTTY, KERRY 3,003.65 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 11103106 DOBLAR, RICHARD 2,831.57 11/03106 GABRIEL, ANTHONY 2,56332 11103 /06 HEINZ, STEPHEN 3,097.75 11/03/06 HIEBERT, STEVEN 2,625.82 11/03/06 JOHNSON, KEVIN 3,875.28 11/03/06 KALKA, THOMAS 686.28 11/03/06 KARIS, FLINT 4,123.07 11/03/06 KONG, TOMMY 2,451.61 11/03/06 KROLL, BRETT 2,521.51 11/03/06 KVAM, DAVID 3,523.42 11/03/06 LANGNER, TODD 1,954.56 11/03/06 LARSON, DANIEL 2,400.11 11/03/06 LU, JOHNNIE 2,543.58 11/03/06 MARINO, JASON 2,400.11 I11%03/06 MARTIN, DANIEL 654.68 11/03/06 MARTIN, JERROLD 2,514.38 11/03/06 MCCARTY, GLEN 2,502.97 11/03/06 METRY, ALESIA 3,150.58 11/03/06 NYE, MICHAEL 2,180.14 11/03/06 OLSON, JULIE 3,084.36 11/03/06 RABBETT, KEVIN 3,587.70 11/03/06 RHUDE, MATTHEW 2,114.40 11/03/06 STEFFEN, SCOTT 3,930.51 11/03/06 STEINER, JOSEPH 2,118.43 11/03/06 SYPNIEWSKI, WILLIAM 2,362.89 11/03/06 SZCZEPANSKI, THOMAS 2,67736 11/03/06 IRAN, JOSEPH 2,331.55 11/03/06 WENZEL, JAY 2,720.16 11/03/06 XIONG, KAO 2,73120 11/03/06 BARTZ, PAUL 3,019.61 111%03/06 BERGERON, JOSEPH 3,184.02 11/03/06 DUGAS, MICHAEL 3,555.57 11/03/06 ERICKSON, VIRGINIA 2,797.80 11/03/06 FLOR, TIMOTHY 3,23390 11/03/06 FRASER, JOHN 2,720.07 11/03/06 LANGNER, SCOTT 2,445.82 11/03/06 PALMA, STEVEN 3,204.66 11/03/06 THEISEN, PAUL 2,445.82 11/03/06 THIENES, PAUL 2,628.65 11/03/06 BARTA, JEREMY 2,000.77 11/03/06 DAWSON, RICHARD 2,362.79 11/03/06 DUELLMAN, KIRK 2,22799 31 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 11103106 EVERSON, PAUL 2,598.44 11/03106 HALWEG, JODI 2,204.83 11103/06 JOHNSON, DOUGLAS 2,29223 11/03/06 NOVAK, JEROME 2,362.79 11/03/06 PARSONS, KURT 2,151.63 11/03/06 PETERSON, ROBERT 2,431.48 11/03/06 PRECHTEL, ROBERT 2,335.78 11/03/06 SVENDSEN, RONALD 3,388.21 11/03/06 GERVAIS -JR, CLARENCE 2,868.34 11/03/06 BAUER, MICHELLE 2,084.51 11/03/06 FLAUGHER, JAYME 1 11/03/06 HERMANSON, CHAD 1 11/03/06 HUBIN, KENNARD 1,738.67 11/03/06 KNAPP, BRETT 1,762.65 111%03/06 LINN, BRYAN 2,099.13 11/03/06 PACOLT, MARSHA 2,529.68 11/03/06 RABINE, JANET 1,917.35 11/03/06 SCHAULS, ADAM 273.00 11/03/06 STAHNKE, JULIE 1,966.84 11/03/06 LUKIN, STEVEN 4 11/03/06 SVENDSEN, RUSTIN 3,219.37 11/03/06 ZWIEG, SUSAN 1,813.36 11/03/06 DOLLERSCHELL, ROBERT 293.39 11/03/06 AHL, R. CHARLES 4,675.69 11/03/06 KNUTSON, LOIS 1,570.95 11/03/06 KONEWKO, DUWAYNE 3,059.51 11/03/06 NIVEN, AMY 1,258.02 11/03/06 PRIEFER, WILLIAM 2 11/03/06 BRINK, TROY 1,964.13 11/03/06 DEBILZAN, THOMAS 1,903.35 111%03/06 EDGE, DOUGLAS 1,893.35 11/03/06 FREBERG, RONALD 926.06 11/03/06 JONES, DONALD 1,913.35 11/03/06 MEYER, GERALD 1,999.79 11/03/06 NAGEL, BRYAN 2,486.01 11/03/06 OSWALD, ERICK 2 11/03/06 RUNNING, ROBERT 1,886.95 11/03/06 TEVLIN, TODD 2,047.95 11/03/06 DUCHARME, JOHN 2,414.86 11/03/06 ENGSTROM, ANDREW 1,776.59 11/03/06 ISAKSON, CHAD 189.16 11/03/06 JACOBSON, SCOTT 1,895.00 32 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 11103106 JAROSCH, JONATHAN 2,030.15 11103106 KUMMER, STEVEN 2,338.19 11103/06 LABEREE, ERIN 1,832.95 11/03/06 LINDBLOM, RANDAL 2,725.46 11/03/06 MEINHOLZ, WILLIAM 160.16 11/03/06 PECK, DENNIS 2,421.79 11/03/06 SCHREMPP, ANTHONY 200.31 11 /03 /06 THOMPSON, MICHAEL 2,305.12 11/03/06 ANDERSON, BRUCE 4,359.27 11/03/06 CAREY, HEIDI 2,179.79 11/03/06 HALL, KATHLEEN 1,820.31 11 /03 /06 MARUSKA, MARK 2,754.63 11/03/06 NAUGHTON, JOHN 1,822.15 11/03/06 SCHINDELDECKER, JAMES 1,710.94 111%03/06 BIESANZ, OAKLEY 1,665.82 11 /03 /06 DEAVER, CHARLES 270.71 11/03/06 HAYMAN, JANET 1,235.21 11/03/06 HUTCHINSON, ANN 2,330.27 11/03/06 NELSON, JEAN 1,110.97 11/03/06 GAYNOR, VIRGINIA 2,060.55 11/03/06 HAMRE, MILES 480.00 11/03/06 EKSTRAND, THOMAS 3,244.10 11/03/06 KROLL, LISA 1,290.70 11 /03 /06 LIVINGSTON, JOYCE 1,009.19 11/03/06 SINDT, ANDREA 1,745.35 11/03/06 THOMPSON, DEBRA 67094 11/03/06 YOUNG, TAMELA 1,629.35 11 /03 /06 FINWALL, SHANK 2,388.55 11/03/06 ROBERTS, KENNETH 2,726.04 11/03/06 BRASH, JASON 1,544.55 111%03/06 CARVER, NICHOLAS 2,853.51 11 /03 /06 FISHER, DAVID 3,712.12 11/03/06 RICE, MICHAEL 2,110.95 11/03/06 SWAN, DAVID 2,214.15 11/03/06 WELLENS, MOLLY 1,268.30 11/03/06 WORK, ALICIA 136.50 11/03/06 LUKIN, ALISHA 960.00 11/03/06 OHLHAUSER, MEGHAN 519.76 11/03/06 ROBBINS, AUDRA 2,288.25 11 /03 /06 SHERRILL, CAITLIN 411.49 11/03/06 STAPLES, PAULINE 3,028.20 11/03/06 TAUBMAN, DOUGLAS 2,85434 33 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 11/03/06 UNDERHILL, KRISTEN 348.00 11/03/06 GERMAIN, DAVID 1,90159 11/03/06 NORDQUIST, RICHARD 1,893.35 11/03/06 SCHULTZ, SCOTT 2,147.42 11/03/06 ANZALDI, MANDY 1,700.74 11/03/06 COLLINS, ASHLEY 24.75 11/03/06 CRAWFORD - JR, RAYMOND 198.50 11/03/06 CROSSON, LINDA 2,782.65 11/03/06 EVANS, CHRISTINE 777.47 11/03/06 GRAF, MICHAEL 2,094.61 11/03/06 HER, CHONG 627.00 11/03/06 HOFMEISTER, MARY 725.99 11/03/06 PELOQUIN, PENNYE 480.02 11/03/06 SCHMIDT, RUSSELL 2,094.61 111%03/06 SCHULZE, BRIAN 741.07 11/03/06 TOLBERT, FRANCINE 229.50 11/03/06 ZIELINSKI, JUDY 11.10 11/03/06 BRENEMAN, NEIL 326.40 11/03/06 BRUSOE, CRISTINA 21825 11/03/06 DUNK, RYAN 517.37 11/03/06 ERICKSON - CLARK, CAROL 47.50 11/03/06 EVANS, KRISTIN 224.99 11/03/06 FIERRO WESTBERG, MELINDA 37.50 11/03/06 FONTAINE, KIM 776.19 11/03/06 GREDVIG, ANDERS 312.18 11/03/06 HALEY, BROOKE 10390 11/03/06 HASSENSTAB, DENISE 67.05 11/03/06 HORWATH, RONALD 2,159.70 11/03/06 KOEHNEN, AMY 78.15 11/03/06 KOEHNEN, MARY 1,303.65 111%03/06 KRONHOLM, KATHRYN 395.00 11/03/06 LAMEYER, ZACHARY 16.88 11/03/06 MATHEWS, LEAH 117.43 11/03/06 PROESCH, ANDY 420.26 11/03/06 SMITH, ANN 157.60 11/03/06 TELLIN, SARAH 236.30 11/03/06 TRUE, CAROLINE 79.20 11/03/06 TUPY, HEIDE 127.20 11/03/06 TUPY, MARCUS 314.21 11/03/06 WERNER, REBECCA 138.66 11/03/06 WOLFGRAM, MARY 108.73 11/03/06 GROPPOLI, LINDA 335.00 34 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 11103106 HER, SHILLAME 36.90 11103106 HOLMGREN, STEPHANIE 94.50 11103/06 STEVENS, PATTI 171.35 11/03/06 BEHAN, JAMES 1,800.37 11/03/06 PATERRSON, ALBERT 1,149.24 11/03/06 PRINS, KELLY 1,046.82 11/03/06 REILLY, MICHAEL 1,706.95 11/03/06 SCHOENECKER, LEIGH 186.35 11/03/06 AICHELE, CRAIG 1,949.43 11/03/06 PRIEM, STEVEN 2,324.65 11/03/06 WOEHRLE, MATTHEW 1,711.00 11/03/06 BERGO, CHAD 2,355.82 11/03/06 FOWLDS, MYCHAL 2,686.82 11/03/06 FRANZEN, NICHOLAS 2,250.75 1000173 111%03/06 LONGRIE, DIANA 452.00 1000174 11/03/06 JAHN, DAVID 1,743.23 1000175 11/03/06 MORIN, TROY 165.75 1000176 11/03/06 DEBILZAN, JUDY 360.00 1000177 11/03/06 MATHEYS, ALANA 2,05920 1000178 11/03/06 HANSEN, LORI 1,813.35 1000179 11/03/06 ANDERSON, SUZANNE 780.00 1000180 11/03/06 PALANK, MARY 1,679.66 1000181 11/03/06 SVENDSEN, JOANNE 2,159.14 1000182 11/03/06 PETERSON, CRAIG 150.00 1000183 11/03/06 SHORTREED, MICHAEL 3,268.81 1000184 11/03/06 WELCHLIN, CABOT 3,296.27 1000185 11/03/06 BADMAN, ANDREW 208.00 1000186 11/03/06 EDSON, DAVID 1,933.37 1000187 11/03/06 HELEY, ROLAND 1,934.59 1000188 11/03/06 HINNENKAMP, GARY 1,903.07 1000189 111%03/06 LINDORFF, DENNIS 1,897.97 1000190 11/03/06 NOVAK, MICHAEL 1,893.35 1000191 11/03/06 BERGREN, KIRSTEN 61.88 1000192 11/03/06 GERNES, CAROLE 560.00 1000193 11/03/06 SOUTTER, CHRISTINE 220.00 1000194 11/03/06 ERICKSON, AMY 91.00 1000195 11/03/06 FRANK, STEVE 51.00 1000196 11/03/06 GREER, ABIGAIL 65.00 1000197 11/03/06 KOHLMAN, JENNIFER 138.00 1000198 11/03/06 LINDA, KELLIE 256.00 1000199 11/03/06 LIUKONEN, MATTHEW 26.00 1000200 11/03/06 LO, CHUEPHENG 51.00 35 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1000201 11103106 MERRITT, MICHAEL 26.00 1000202 11103106 NIELSEN, ABBY 65.00 1000203 11103/06 NYBERG, MICHELLE 91.00 1000204 11/03/06 ROBBINS, EMERALD 332.00 1000205 11/03/06 HAAG, MARK 1,972.80 1000206 11/03/06 NADEAU, EDWARD 3,061.98 1000207 11/03/06 GLASS, JEAN 1,868.83 1000208 11 /03 /06 NAGEL, BROOKE 455.14 1000209 11/03/06 SIMPSON, JOSEPH 249.75 1000210 11/03/06 VELASQUEZ, ANGELA 135.00 1000211 11/03/06 ALBRECHT, TIMOTHY 47.13 1000212 11 /03 /06 ANDERSON, JOSHUA 273.35 1000213 11/03/06 ANDERSON, JUSTIN 26625 1000214 11/03/06 BENJAMIN, AYLA 13.00 1000215 111%03/06 BRENEMAN, SEAN 196.80 1000216 11 /03 /06 BRUSOE, AMY 70.13 1000217 11/03/06 CHASTAN, ADAM 156.00 1000218 11/03/06 CLARK, PAMELA 12495 1000219 11/03/06 COSTA, JOSEPH 171.80 1000220 11/03/06 DEMPSEY, BETH 147.00 1000221 11/03/06 FENGER, JUSTIN 321.77 1000222 11/03/06 GIEL, NICOLE 56.00 1000223 11/03/06 GRUENHAGEN, LINDA 580.45 1000224 11 /03 /06 HAGSTROM, EMILY 60.95 1000225 11/03/06 HERRON, ADAM 101.25 1000226 11/03/06 IRISH, PETER 48.75 1000227 11/03/06 LEMAY, KATHERINE 176.39 1000228 11 /03 /06 PEHOSKI, JOEL 67.80 1000229 11/03/06 RICHTER, DANIEL 48.00 1000230 11/03/06 RICHTER, NANCY 230.75 1000231 111%03/06 RYAN, ERICA 54.60 1000232 11 /03 /06 SAUCERMAN, MICHAEL 403.00 1000233 11/03/06 SCHMIDT, EMILY 137.90 1000234 11/03/06 SCHMIDT, JOHN 39.00 1000235 11/03/06 SCHRAMM, BRITTANY 118.45 1000236 11/03/06 SCHREINER, MICHELLE 273.55 1000237 11/03/06 SCHUNEMAN, GREGORY 39.00 1000238 11/03/06 SMITLEY, SHARON 452.70 1000239 11/03/06 WARNER, CAROLYN 276.65 1000240 11 /03 /06 WEDES, CARYL 170.50 1000241 11/03/06 WHITE, NICOLE 494.46 1000242 11/03/06 WILLIAMS, KRISTINE 9175 c. CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK # CHECK DATE EMPLOYEE NAME AMOUNT 1000243 11103106 WOODMAN, ALICE 115.00 1000244 11103106 BOSLEY, CAROL 330.53 1000245 11103/06 LEWIS, AMY 49.95 1000246 11/03/06 ODDEN, JESSICA 35.86 1000247 11/03/06 OIE, REBECCA 103.59 1000248 11/03/06 PARAYNO, GUAI 243.58 1000249 11/03/06 SATTLER, CASSANDRA 27.68 1000250 11 /03 /06 SATTLER, MELINDA 68.75 1000251 11/03/06 SCHUELLER, JAY 399.00 1000252 11/03 /06 STODGHILL, AMANDA 104.63 1000253 11/03/06 VAN HALE, PAULA 83.00 1000254 11 /03 /06 ZAGER, LINNEA 73.63 1000255 11/03/06 BERLIN, SARAH 70.73 1000256 11/03/06 BIRKHOLZ, TYLER 111.20 1000257 111%03/06 DOUGLASS, TOM 1,243.13 1000258 11 /03 /06 EVERSON, KYLE 106.40 1000259 11/03/06 GADOW, ANNA 244.03 1000260 11/03 /06 HER, CHEE 57.15 1000261 11/03/06 HER PETER 104.78 1000262 11/03/06 O'GRADY, VICTORIA 157.70 1000263 11/03/06 SCHULZE, KEVIN 109.73 1000264 11/03/06 VANG, HUE 90.35 1000265 11/03/06 VANG, KAY 106.50 1000266 11 /03 /06 VANG, TIM 140.60 1000267 11/03/06 VUE, LOR PAO 187.65 458,779.27 37 AGENDA NO. 1-2 TO: City Manager FROM: Finance Director RE: Sanitary Sewer Rates for 2007 DATE: November 6, 2006 The proposed 2007 Budget includes an 8.1 % increase in sanitary sewer utility rates. This increase is needed to finance the Metropolitan Council sewage treatment charges to Maplewood that will be 67% of the operating expenses (excluding depreciation) for the Sanitary Sewer Fund in 2007. The sewage treatment charges for 2007 are anticipated to be $2,422,170 which is $151,920 and 6.7% more than the 2006 Budget. Other operating expenses (including depreciation), are anticipated to be $1,495,360 in 2007. This is an increase of $71,210 and 5.0% above the 2006 original budget. The balance of the rate increase is to replenish working capital for unassessed improvement costs and to provide a reserve for future capital outlay. Present Proposed St. Paul Billinq District: Rate per 100 cubic feet $2.11 $2.28 Minimum Charge (per quarter) 11.85 12.81 • a =• - - - Rate per 1,000 gals. 2.82 3.05 Minimum Charge (per quarter) 11.85 12.81 Sewer rates were not increased in 2006. In 2004 Maplewood rates were 16% less than the weighted average rate in the Twin Cities according to a survey conducted by the Metropolitan Council. It is recommended that sanitary sewer rates be increased by 8.1% effective January 1, 2007 to provide the revenues anticipated in the 2007 Budget. p' EWER RATESDOC 9 FROM: Finance Director RE: Environmental Utility Rates for 2007 DATE: November 6, 2076 The proposed 2007 Budget includes a 20% increase in environmental utility rates. The anticipated 2007 operating expenses for the Environmental Utility Fund total $1,257,240. The largest expenses are $647,020 for storm sewer maintenance, $292,540 for depreciation and $181,190 for street sweeping. The net income for 2007 will be $115,840 and this will eliminate the cash deficit and produce a cash reserve of approximately $19,770 on 12-31-07. IFNI! MITI TIKEiiiil I • TOWINJIMIT; =-- • The 20% increase would cause the quarterly rates for single-family homes to go from $10.29 to $12.35. Rates for other types of property in Maplewood are based upon a utility factor which serves as a multiplier of the single-family home rate. It is recommended that the environmental utility rates be increased by 20% effective January 1, 2007 to provide the revenues anticipated in the 2007 Budget. P:\1N RATES FOR 2007DOC Average Qrtrly city Residential Bill Maple Grove $0.00 Eden Prairie 3.00 Eagan 7.42 Shoreview 10.28 Maplewood 10.29 Edina 10.74 Apple Valley 11.94 Plymouth 12.06 Minnetonka 12.15 Bloomington 12.72 Woodbury 15.70 Burnsville 17.25 The 20% increase would cause the quarterly rates for single-family homes to go from $10.29 to $12.35. Rates for other types of property in Maplewood are based upon a utility factor which serves as a multiplier of the single-family home rate. It is recommended that the environmental utility rates be increased by 20% effective January 1, 2007 to provide the revenues anticipated in the 2007 Budget. P:\1N RATES FOR 2007DOC me]: a 0 1 97-Al W a af] :4 TO: City Manager FROM: Finance Director and Community Development Director RE: INCREASE IN COMMUNITY DEVELOPMENT DEPARTMENT SERVICE CHARGES DATE: November 7, 2006 I Z I I a*] oil I" d [01 Ll It is proposed that the Community Development Department service charges be increased effective January 1, 2007. BACKGROUND It has been past practice to raise service charges annually to keep up with inflation. In 1993 a User Fee Study was completed for the Community Development Department to insure that service charges finance an appropriate portion of the service costs. The User Fee Study report contained recommendations on 50 individual licenselpermit fees and service charges for the Community Development Department. For each item, it had information on the unit volume, current fee, costs to provide the service, recommended fee, phase-in schedule covering five years for the recommended fee, estimated increased revenue from the recommended fee and subsidy amount after the recommended fee is phased in. On 5-24-93, the Council approved the recommended fees for 1993. There have been annual increases in the service charges since then. On 5-24-04 the City Council approved a user fee study to determine if 17 planning service charges cover city costs. The study indicated that for 2003, the city costs for the 17 services exceeded revenues by $98,263. On the next page is a listing of the revenue and costs for the 17 fees charged. PAWORMAGMUSERFEE November 7. 2006 GENERAL SERVICE CHARGES 2005 2006 2007 Fee Fee Fee Dog/Cat Impound Fee d $27 $27 $27 Fire Dept. False Alarm Charge c 100-400 100-400 100-400 Police Dept. False Alarm Charge a 25-100 25-100 25-100 Police Accident Report Copies 0.25/page 0.25/page 0.25/page Fire Report Copies 0.25/page 0.25/page 0.25/page Fire Inspection of Businesses and Apartments: Structures under 10,000 sq. ft. 50 51 52 Structures under 10,000 - 50,000 sq. ft. 100 102 104 Structures over 50,000 sq. ft. 150 153 156 Re-inspection ( third and up) 100 102 104 Fire Inspection of Day Care/Foster Care Facilities 46 47 48 Tax-Exempt Mortgage Revenue Financing - Commercial: Amount Paid with Application (non-refundable)* 3,260 3,330 3,400 Base Charge (% of bond issue) 1% 1% 1% Maximum (in addition to application fee) b 28,600 28,600 28,600 Tax-Exempt Mortgage Revenue Financing - Residential (multiple-family dwellings): Amount Paid with Application (non-refundable)* 3,260 3,330 3,400 Base Charge (% of bond issue) 1% 1% 1% Maximum (in addition to application fee) c 28,600 28,600 28,600 Tax Increment Financing: Application Fee (non-refundable) 6,490 6,620 6,760 Tax Abatement Financing Application Fee 6,490 6,620 6,760 *No application fee on refinancing bonds. a Set by ordinance adopted 8-28-95 b Set by Council on 9-23-96 c Set by ordinance adopted 12-17-01 d Per contract with Animal Control P:\Finance\Excel\Misc\FEE 11/7/2006 AGENDA NO. 1-5 U49: 0 0 1 57- : j: 0 Wel :4 1 TO: City Manager -ROM: Finance Director and Community Development Director RE: INCREASE IN COMMUNITY DEVELOPMENT DEPARTMENT SERVICE CHARGES DATE: November 6, 2006 I Z I W01 III I" d [01 Ll It is proposed that the Community Development Department service charges be increased effective January 1, 2007. BACKGROUND It has been past practice to raise service charges annually to keep up with inflation. In 1993 a User Fee Study was completed for the Community Development Department to insure that service charges finance an appropriate portion of the service costs. The User Fee Study report contained recommendations on 50 individual licenselpermit fees and service charges for the Community Development Department. For each item, it had information on the unit volume, current fee, costs to provide the service, recommended fee, phase-in schedule covering five years for the recommended fee, estimated increased revenuefrorn the recommended fee and subsidy amount after the recommended fee is phased in. On 5-24-93, the Council approved the recommended fees for 1993. There have been annual increases in the service charges since then. On 5-2404 the City Council approved a user fee study to determine if 17 planning service charges cover city costs. The study indicated that for 2003, the city costs for the 17 services exceeded revenues by $98,263. On the next page is a listing of the revenue and costs for the 17 fees charged. PAWORMAGMUSERFEE November 6, 2006 In 2004 the Council approved a recommendation that the large increases needed in these 17 fees be phased in over the five -year period of 2005 -2009. Therefore, beginning in 2005,20% of the increase needed to cover the full cost was added to the fee rates. Also, all other Community Development Department fees should be increased by 2.1 %to keep up with inflation. The inflation rate of 2.1 %was the actual increase in the Consumer Price Index for Al Urban Consumers for the 12 -month period ending September 30. In the past the annual increase was based upon the anticipated inflation rate for the upcoming year but this estimate is always changing. All of the Community Development Department license/permit fees and services charges are listed in Exhibit A which lists the present fee and the proposed 2007 fees. The 17 fees that were in the 2004 user fee study are in bold with the 2007 fee increase at one -fifth of the increase listed in the user fee study. RECOMMENDATION It is recommended that the Council approve (1) increases in the Community Development Department fees as listed in Exhibit A effective January 1, 2007 and (2) approve first reading of an ordinance (Exhibit B) to increase the planning fees. P:\WORD\AGN\USERFEE November 6, 2006 2003 2003 INCREASE FEE FEE Full Cost INCREASE TIMES 20% Zone Change 776.00 1,654.48 878.48 176.00 Conditional Use Permit - Single or Double - Dwelling 232.00 1,505.63 1,273.63 255.00 Conditional Use Permit - Other 825.00 1,645.85 820.85 164.00 Conditional Use Permit Revisions - Single or Double Dwelling 46.00 1,505.63 1,459.63 292.00 Conditional Use Permit Revisions - Other 165.00 1,734.98 1,569.98 314.00 Home Occupation 165.00 1,344.97 1,179.97 236.00 Comprehensive Plan Amendment 1,130.00 1,717.48 587.48 117.00 Variance - Single or Double- Dwelling 152.00 1,344.97 1,192.97 239.00 Variance - Other 848.00 1,344.97 496.97 99.00 Variance - Front Yard Setback 152.00 516.60 364.60 73.00 Preliminary Plat 1,400.00 1,990.58 590.58 118.00 Community Design Review Board - Double Dwelling 187.00 1,532.60 1,345.60 269.00 Community Design Review Board - 15 Day Design Review 152.00 473.60 321.60 64.00 Planned Unit Development 1,250.00 2,654.28 1,404.28 281.00 Temporary Sign Permit 24.00 44.15 20.15 4.00 Wall Signs 24.00 101.59 77.59 16.00 Free Standing Signs 24.00 169.43 145.43 29.00 In 2004 the Council approved a recommendation that the large increases needed in these 17 fees be phased in over the five -year period of 2005 -2009. Therefore, beginning in 2005,20% of the increase needed to cover the full cost was added to the fee rates. Also, all other Community Development Department fees should be increased by 2.1 %to keep up with inflation. The inflation rate of 2.1 %was the actual increase in the Consumer Price Index for Al Urban Consumers for the 12 -month period ending September 30. In the past the annual increase was based upon the anticipated inflation rate for the upcoming year but this estimate is always changing. All of the Community Development Department license/permit fees and services charges are listed in Exhibit A which lists the present fee and the proposed 2007 fees. The 17 fees that were in the 2004 user fee study are in bold with the 2007 fee increase at one -fifth of the increase listed in the user fee study. RECOMMENDATION It is recommended that the Council approve (1) increases in the Community Development Department fees as listed in Exhibit A effective January 1, 2007 and (2) approve first reading of an ordinance (Exhibit B) to increase the planning fees. P:\WORD\AGN\USERFEE November 6, 2006 Exhibit Page 1 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Estimated Fee Annual 2005 2006 2007 Volume Fee Fee Fee PLANNING FEES (Set by Ordinance) Zone Change * 8 952 1,128 1,304 Conditional Use Permit: R1 and R2 1 487 742 997 Other * 11 989 1,153 1,317 Conditional Use Permit Revision: R1 and R2 * 6 338 630 922 Other 8 479 793 1,107 R1 and R2 * 6 391 630 869 Other * 6 947 1,046 1,145 Front Yard Setback 1 225 298 371 R1 and R2 10 150 153 156 Other * 2 583 595 607 Lot Divisions (Fee per lot created): R1 and R2 11 83 85 87 Other 1 311 317 324 Home Occupations Initial Permit 6 401 637 873 AnnualRenewal 6 56 57 58 Sign Erection Permit (per inspection) 100 24 24 25 Temporary Sign Permit 30 28 32 36 Wall Sign Permit 50 40 56 72 Free Standing Signs 13 53 82 111111 *Plus o surcharge for each affected property kz pay for the County's filing fee for resolutions. PAEXCEBM|SCUFEE8_CDALS Exhibit Page 2 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Fee Estimated Annual Volume 2005 Fee 2006 Fee 2007 Fee Comprehensive Plan Amendment 8 1,247 1,364 1,481 Code Amendment 1 873 890 909 Planned Unit Development 8 1,531 1,812 2,093 Preliminary Plat 8 1,518 1,636 1,7, Preliminary Plat Revision or Time Extension 9 227 232 237 Final Plat 5 391 399 407 Time Extensions/Renewals 9 143 146 149 LICENSES DUE JANUARY 1st Commercial License 115 117 119 MISCELLANEOUS SERVICE CHARGES Woodlot Alteration Permit 1 14 14 14 Building Relocation 5 834 851 869 Moving Permit 3 54 55 56 Community Design Review Board: RI & R2 15 Day Design Review Revision Other 8 1 3 16 456 216 190 702 725 280 194 716 994 344 198 731 On-Site Sewage Systems 6 68 69 70 Truth-in-Housing Filing Fee 100 31 32 33 Truth-in-Housing Evaluators License 29 107 109 ill Zoning Compliance Letter 24 24 25 Project Notification Sign 12 101 103 105 Front Yard Setback Authorization 154 157 160 Minor Construction Project 154 157 160 *Plus a surcharge for each affected property to pay for the County's filing fee for resolutions. PAEXCEM|SCUFEE8_CDALS Exhibit Page 3 of 3 COMMUNITY DEVELOPMENT DEPARTMENT Service Charges Fee Estimated Annual Volume 2005 Fee 2006 Fee 2007 Fee PUBLICATIONS (Includes Sales Tax): Comprehensive Plan 15 15 15 Zoning Map 11 11 11 Planning Commission or Community Design Review Board: Minutes - Per Year Agenda Packet - Per Year Property Owner List 15 115 67 15 117 68 15 119 69 *Plus a surcharge for each affected property to pay for the County's filing fee for resolutions. PAEXCEM|SCUFEE8_CDALS =1016to� PLANNING FEES Section 1. Section 36 28of the Zoning Code of the City of Maplewood iu hereby amended eskd|om Section 36 26. Fees. The following nonrefundable application fees shall berequired: Zone Change 1.304 Conditional Use Permit: R1&R2 997 Other 1.317 Conditional Use Permit Revision: R1 &R2 022 Other 1.107 Variances: R1&R2 869 Other 1.145 Front Yard Setback 371 Vacations: R1&R2 156 Other 607 Lot Divisions (Fee per lot oneatod): R1&R2 87 Other 324 Home Occupation Permit (initial permit) Initial permit 873 Annual permit 58 Comprehensive Plan Amendment 1.481 Code Amendment 009 Planned Unit Development 2.093 Preliminary Plat 1.754 Preliminary Plat Revision or Time Extension 237 Final Plat 407 TimeExkaneions/Renewa|u 149 Section 2. Section 36 258 of the sign code ivamended as follows: Section 36 258. Fees. ( The sign erection permit fee shall (per inspection) Section 3. This ordinance shall be effective on January 12UO7 Passed by the Maplewood City Council on 200 Clerk Mayor Ayes -- ETC$ a 0 1 97TAI 01 IM. We]: 101197IV: 4 101 I - M I TO: City Manager ."%' FINANCIAL TRANSFERS FOR UNASSESSED IMPROVEMENTS Transfers are made annually from the Sanitary Sewer Fund and the Water Availability Charge Fund-St. Paul Water District to the Debt Service Fund for the costs of unassessed sanitary sewer and water improvements. When the tax levy for 2006 was adopted, a reduction was made in the debt service tax levy for the anticipated transfers scheduled for 2006. Therefore, it is recommended that the City Council authorize the following: (1) a $114,920 transfer from the Sanitary Sewer Fund to the Debt Service Fund for the 2003 Sewer Revenue Bonds, (2) a $33,460 transfer from the Water Availability Charge Fund-St. Paul Water District to the Debt Service Fund for the 2002 Improvement Refunding Bonds, and (3) the appropriate budget changes. P\agn\unassessed Agenda Item 17 MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Bruce K. Anderson, Parks and Recreation Director DATE: November 6, 2006 for the November 13 City Council Meeting SUBJECT: Recreation Program Grants INTRODUCTION The Parks and Recreation Department received an $800 grant from the Minnesota Recreation and Parks Foundation and a $500 grant from the Maplewood /Oakdale Lions Club for a new program entitled "Walk to New York." The basic premise of the program is to provide fifth grade students at Carver Elementary School with a pedometer to track their virtual trek across the United States departing from Maplewood and walking to New York, which would be an accomplishment of 1,284 miles. The program started on October 9 with 155 students. The funding will pay for the purchase of pedometers, fitness instructors, incentive items for students, and direct mail postcards. BACKGROUND The program was initiated by Pauline Staples, Assistant to Director, and is being offered in cooperation with teaching staff at Carver Elementary School. I had an opportunity to present this program at the national congress and Pauline will be presenting it at the upcoming state conference as well. RECOMMENDATION Staff recommends that the city council accept the two grant monies from the Maplewood /Oakdale Lions Club and Minnesota Recreation and Parks Foundation. kph \walk to new york grants.mem Attachments ♦ H v & I iiiiiiiii 11111l��11111111 �IIIJI�� fg I I ! MO 1 1 Foundation Pauline Staples City of Maplewood Parks and Recreation 1830 County Road B East Maplewood, Minnesota 55109 Dear Pauline, March 27, 2006 On behalf of the Minnesota Recreation and Parks Foundation, I am writing to let you know that you have been selected by the Foundation for a New Initiative Grant! This grant is being provided to fund "Shape Up Maplewood" in the amount of $800. The Foundation is pleased to have received d nine applications for this initial grant cycle. All of the applications were very competitive, and we were fortunate to be able to award five grants with the available funding. We would like to present this grant award at one of your organization's upcoming Park Board/Park Commission or City Council meetings. Please let me know when we would be able to present, and I will coordinate with a Foundation Board member for the presentation. Finally, there are a few requirements for the grant: 1. Grant funds must be expended within the fiscal year in which the grant is awarded. (if that poses an issue, please let me know.) 2. Grant funding must be used for the Shape Up Maplewood. If the program does not occur or you do not use all of the grant funding that has been awarded, the balance must be returned to the Foundation. 3. Our goal is to share the success of your program with other Minnesota agencies. Therefore, all grant recipients must present their program at the annual Minnesota Recreation and Park Association conference as part of a panel presentation. Each recipient must provide a program overview; share any video, photos, copies of ads/press releases, etc.; and prepare a program evaluation. This year's conference is scheduled for November 14-17 in the Twin Cities. More information on specific dates and times will be sent to you later in the year. if you agree with these requirements, please sign one copy of this letter and return in the enclosed envelop. Once again, on behalf of the Minnesota Recreation and Parks Foundation, congratulations and well done! Sincerely, Mark Themig Foundation Board Accepted by: Date, 204 Charles Street NE - 'Fridley, MN 55432 September 19, 2006 Dear Participant: Maplewood Parks and Recreation and Carver Elementary School have teamed up to promote physical activity as a way of life and to encourage the 5 1h grade students at Carver to be more conscious of their health and nutrition. The 5 t ' grade class at Carver elementary School will be conducting a virtual trek across the United States departing from Maplewood, Minnesota and walking to New York, New York. This accomplishment equates to a total of 1,284 miles. Each student will receive a pedometer on September 28 to keep track of the number of steps that they take each day. A tracking record will be recorded weekly as the entire team moves closer to the goal of New York, On the journey they will virtual travel through Wisconsin, Chicago, Indiana, Ohio, Pennsylvania, New Jersey and on to New York. Incentive gifts will be received when they reach selected cities to keep the participants motivated on theirjourney. Maplewood Parks and Recreation and Carver Elementary School hope the kids in this program will continue to take strides each day toward greater health and fitness. This project was one step in a lifetime of health choices that each will have to make. We have been encouraged by the change in attitude regarding fitness as well as the improvement in physical ability. Good Luck 5' Graders! Sincerely, Pauline Staples Assistant to the Parks Director Maplewood Parks and Recreation Department PARKS 8c RECREATION DEPARTMENT • 6 1- 249 °21 01 FAX: 651-249-2129 CITY OF MAPLEWOOD 1830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 t Carver kids take a trek To the editor: .Maplewood Parks and Recreation and Carver Ele- mentary School have teamed up to promote physi- cal activity as a way. of life , anti. to„ encs�,yrage t ie:, i fifth grade students at Carver oi be mgre "con rzt} ss of their health and nutrition The fifth grade class at Carver Elementary School will be conducting a virtual "trek" across the United States departing from Maplewood, Min- nesota and walking to New York, New York. This accomplishment equates to a total of 1,284 miles. Each student will receive a pedometer on Sept. 2:8 to keep track of the number of steps that they take each day. A tracking .record will be recorded weekly as the entire team moves closer to the goal of New York. On the journey they will virtual travel through Wisconsin, Chicago, Indiana, Ohio, Pennsylvania, New Jersey and on to New York.. Incentive gifts will be received when they reach selected cities to keep the participants motivated on their journey, Maplewood Parks and Recreation and Carver Ele- mentary School hope the kids in this program will continue to take strides each day toward greater health and fitness. This project was one step in a lifetime of health choices that each will have. to make, We have been encouraged by the change in atti- tude regarding fitness as well as the improvement a in physical ability. Good Luck Fifth Graders! 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It provides a highly scalable framework for GIS Web publishing that meets the needs and demands of City staff and our citizens of worldwide Internet access. Currently, City staff access GIS information through several different sources whether it's a hard copy map, Ramsey County's ArclMS site or internal view-only applications. The dissemination of GIS information in this manner is a time consuming process and often involves multiple mapping projects in several software applications. All of these information sources can be eliminated by moving to an ArcIMS website mapping application. The City will be able to have Maplewood specific GIS layers displayed and labeled for internal and/or external use. The City will be able to publish out two separate map service websites, an external website for our residents and an internal one for our City staff. Once the ArclMS system is implemented, City staff will have to ability to update all of our maps virtually instantaneously and without minimal interruption. Such updates would be Zoning and Land Use changes as they happen, development proposals, crime stats or any number of changes to our GIS layers; would be disseminated to the public and our staff more efficiently and more frequently than the current process. .. - of • . This purchase of $16,933.50 has been planned for and will be funded from the 2006 IT Fund. Recommendation It is recommended that authorization be given to purchase the ArclMS server and software to expand our GIS capabilities for both City staff and our citizens. Submit to City Council for review and approval. X&M. Attachments: 1. ESRI Quote ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC ESRI, Inc. 880 Blue Gentian Rd Suite 200 St. Paul, MN 55121-1596 Phone: 651-454-0600 Fax: 651-454-0705 Date: February 24, 2006 Customer # 105151 Contract # CITY OF MAPLEWOOD 1830 E COUNTY RD B MAPLEWOOD, MN 55109 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0212412006 To: 0512512006 Material Qty Description Unit Price Total 102158 1 Complete ArcIMS - 1 U Rack Mount Enterprise Server with Dual Intel 3. 6 15,900.00 15,900.00 Ghz Xeon 2 MB Cache Processors, 4 Gigabytes DDR2-400 DRAM, Dual 73 Gigabyte Ultra SCSI-3 Disk Drives, Dual Ultra3201LCD SCSI controllers with internal hardware RAID, Slimline CDR/DVD and 1 Year On-site Hardware Warranty. Microsoft Server 2003 Standard Installed & Configured. ServietExec for a 2-CPU Server with 2-year subscription. ArcIMS Standard Edition for One Server with Dual CPUs-Includes First Year of Software Maintenance. For more details and options for Complete ArcIMS see http://www.esri.com/partners/hardware/inlinecomplete.pdf Item Total: Subtotal Estimated Shipping & Handling (Surface Delivery) Total (excludes applicable sales tax): 15,900.00 0.00 Quoted By: Dean Garner, (928) 774-2543 Account Manager: Nicole Paripovich Email: dgarner@esri.com Email: nparipovich@esri.com I Acceptance of this quotation is limited to the ESRI License Agreement and the Quotation Terms and Conditions This Quotation is made in confidence for your review. It may not be disclosed to third parties, except as required by law. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074-4630 GARNERID This offer is limited to the terms and conditions incorporated and attached herein. ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, |NC ESRi Inc. 88O Blue Gentian Rd Suite 28O St. Paul, KON 55121-1586 Phone: 651-454-0600 Fax: 651-454-0705 Date: February 24, 2000 Customer #1O5181 Contract # CITY OF MAPLEWDDD 1O30E COUNTY RD B yWAPLEVVDDD.yWN551U8 To expedite your order, please attach a copy of this quotation bo your purchase order. Quote /svalid from: 0212412006 To: 0512512000 The following items are optional items listed for your convenience. These items are not included inthe totals of this quotation. Material Qty Description Unit Price Total 102393 1 Comp|eteAroSDE Storage Fibre to SATA SAN with Redundant Controllers. 15.900.00 15.900.00 Quantity 4x4OOGBSATA Channel Disk Modules, Redundant Storage Area Network, Dual-redundant hot-swap Fibre Channel toSATAArray Contro||ers, Active/Active Controllers with Mirrored Controller Cache, Hot- swap and redundant fans, drives, power supplies and 1 Year On-site Warranty. For more details and options for Complete AroSDE Storage see http://www.eoh.com/padners/handwnne/in|inecomp|sde.pdf 102394 1 Complete AroSDE Storage Fibre Channel SAN with Redundant Controllers. 27.000.00 27.000.00 Quantity 4x3OOGB Fibre Channel Disk Modules, Dual-redundant hot- swap Fibre Channel Array Controllers, Active/Active Controllers with Mirrored Controller Cache, 2 Gigabit Host and Disk Ports, Hot-swap and redundant fans, driveo, power supplies and 1 Year On-site Warranty. For more details and options for Complete ArcSDE Storage see http://vwww.esri.com/pmrtnens/hordvvore/in|inenomp|ete.pdf 102398 1 27U1A inch Cabinet and Continuous Power - Overall Dimensions 5G.25 3.100.00 3.100.00 inch (H)x24 inch (VV)x39 inch (D). Usable Dimensions (27U)47.25inch (H)x1A inch (VV)x38.5 inch (D). Ventilated Tempered Glass Locking Front Door, Ventilated Locking Rear Door. For more details and options for Complete Server ArnG|Ssee vwww.eori.como/portners/hnrdvvore/in|inecomp|ete.pdf 102397 1 |n|ine On-Site Installation (1 Day) For more details and options for 2.500.00 2.500.00 Complete Server ArnG|Ssee vwww.eori.como/portners/hnrdvvore/in|inecomp|ete.pdf Quoted By: Dean Garner, (928)774-2543 Account Manager: NimdePahpovich Acceptance of this quotation is limited to theeSRI License Agreement and the Quotation Terms and Conditions This Quotation is made m confidence for your review. x may not ua disclosed to third parties, except as required by law. U &f sending remittance, please address to: ESRI, File No. 54630, Los Angeles, C@90074-4630 U oxewsuo This offer is limited to the terms and conditions incorporated and attached herein. ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC ESRI, Inc. 880 Blue Gentian Rd Suite 200 St. Paul, MN 55121 -1596 Phone: 651 -454 -0600 Fax: 651 -454 -0705 To expedite your order, please attach a copy of this quotation to your purchase order. Quote is valid from: 0212412006 To: 0512512006 Date: February 24, 2406 Customer # 105151 Contract # CITY OF MAPLEWOOD 1830 E COUNTY RD B MAPLEWOOD, MN 55109 BY SIGNING BELOW YOU ARE INDICATING THAT YOU ARE AUTHORIZED TO OBLIGATE FUNDS FOR YOUR ORGANIZATION. DO NOT USE THIS FORM FOR ORDER ACTIVATION IF YOUR ORGANIZATION WILL NOT HONOR AND PAY AN INVOICE THAT HAS BEEN ISSUED AT YOUR DIRECTION WITHOUT ADDITIONAL AUTHORIZING PAPERWORK. To expedite your order, either attach a copy of this quotation to your purchase order when it is remitted to ESRI, or sign below and return this quotation to indicate your acceptance. ESRI's address and fax number are provided on the first page of this quotation. If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organization is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. If you choose to discontinue your maintenance, you will become ineligible for maintenance benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your maintenance coverage at a later date. Acceptance of this quotation is limited to the ESRI license agreement, quotation terms and conditions, and any other ESRI terms and conditions included with this quotation. Any additional or different terms in any purchase order are deemed rejected unless expressly accepted in writing and signed by ESRI. Notwithstanding, if the purchase order is placed under an existing signed agreement (e.g., Master Purchase Agreement), or under the GSA Federal Supply Schedule, then the purchase order shall identify such agreement on the face of the order and the terms and conditions of such agreement shall govern the subject matter of the purchase order. By signing below, you are authorizing ESRI to issue an invoice for the items included in the above quote in the amount of: $ plus sales taxes if applicable. (Note: Shipping costs are subject to change.) Please check one of the following: _ i agree to pay any applicable sales tax. _ i am tax exempt, please contact me if exempt information is not currently on file with ESRI. Signature of Authorized Representative Date Name (Please Print) Title The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase /license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax reflected on this quote has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state tax directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. I Quoted By: Dean Garner, (928) 774 -2543 Account Manager: Nicole Paripovich I Email: dgarner @esri.com Email: nparipovich @esri.com Acceptance of this quotation is limited to the ESRI License Agreement and the Quotation Terms and Conditions This Quotation is made in confidence for your review. It may not be disclosed to third parties, except as required by law. If sending remittance, please address to: ESRI, File No. 54630, Los Angeles, Ca 90074 -4630 GARNERD This offer is limited to the terms and conditions incorporated and attached herein. ESRI QUOTATION TERMS AND CONDITIONS ESRI, 380 New York St., Redlands, CA 92373 -8100 USA • TEL 909- 793 -2853 • FAX 909- 793 -5953 All quotations are valid for ninety (90) days unless otherwise stated on the quotation form. These prices and terms are valid only for items purchased for use and delivery within the United States. This quotation information is proprietary and may not be copied or released other than for the express purpose of the current system selection and purchase. This information may not be given to outside parties or used for any other purpose without written consent from Environmental Systems Research Institute, Inc. (ESRI). To expedite your order, please reference the quotation number on your purchase order. ORDER PROCESS The order process is initiated when ESRI receives an original purchase order or some form of advance payment. Several additional documents (e.g., Master License Agreement, credit application, Tax Exemption Certificate, etc.) may be required to complete the order process. Generally, the need for these documents varies by the type of software, data, Web - enabled services, subscriptions, professional services or other products ordered, which is determined upon receipt of the purchase order (or advance payment). If delivery must be expedited, please contact your marketing representative for assistance. IMPORTANT? Collectively, these documents contain the authorizations and information necessary to ship proper versions of the software or data on the correct media, or to initiate Web - enabled services, subscriptions, or professional services. Please return them promptly to avoid unnecessary delays in shipping or delivery. Please return all documents to ESRI Customer Service, or as otherwise directed. Please show the following remittance address on your purchase order: ESRI, File No. 54630, Los Angeles, CA 90474 -4630 ESRI LICENSE AGREEMENTS All ESRI software, data, Web - enabled services, and subscriptions offered in this quotation are commercial off -the -shelf items developed at private expense and subject to ESRI commercial license terms, unless specifically identified by ESRI as a non- commercial item. Professional services agreements may also include license terms. Most ESRI software, data, Web - enabled services and subscriptions are subject to the ESRI License Agreement included with the deliverable item as an on -line agreement or in the packaging as a shrink -wrap agreement. A copy is enclosed. If you license certain software or data, a Master License Agreement signed by both parties may be required. 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For such multiyear maintenance, you may cancel the maintenance upon ninety (90) days advanced written notice to ESRI Customer Service, subject to payment of fifty percent (50 %) of the outstanding maintenance fees for the maintenance term initially ordered. No other refund or reduction for cancellation is available. If you are ordering multi year maintenance, please indicate a billing option on your purchase order by selecting a statement as indicated below. Option 1. If you are purchasing a product with multi -year maintenance terms and are issuing the purchase order for all years upfront please include the following information on your purchase order: "This PO is in acceptance of quote #XXXXXXX and covers the total amount for all years included in the multi -year maintenance term. ESRI may invoice the entire amount upon shipment." Option 2. If you are purchasing a product with multi -year maintenance terms and are issuing the purchase order for the first year only please include the following information on your purchase order (PO): "This PO is in acceptance of quote G- 2721KMM Page 1 711105 #XXXXXXX. This order is for the initial year of the multi -year maintenance term. We agree to issue a PO for each subsequent year in a pro rata amount per year to be invoiced annually in advance." Option 3: If you are purchasing a product with multi -year maintenance terms and are issuing the purchase order for all years upfront but want to be invoiced annually please include the following information on your purchase order: "This PO is in acceptance of quote #XXXXXXX and covers the total amount for all years included in the multi -year maintenance term. However, ESRI shall invoice annually in advance a pro rata amount for each year of the term." DATA DISCLAIMER Data is provided "AS IS" without warranty of any kind. The data has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. The data may contain some nonconformities, defects, errors, or omissions. ESRI AND ITS LICENSORS) MAKE NO WARRANTY WITH RESPECT TO THE DATA. Without limiting the generality of the preceding sentence, ESRI and its licensor(s) do not warrant that the data will meet Licensee's needs or expectations, that the use of the data will be uninterrupted, or that all nonconformities can or will be corrected. ESRI and its licensor(s) are not inviting reliance on this data, and Licensee should always verify actual data including, but not limited to, map, spatial, raster, and tabular information. DELIVERY FOB Redlands, CA, USA Software: Allow thirty (30) days from ESRI's receipt of purchase order, signed Software License Agreement(s), and other documents, as required. Hardware: Manufacturer's terms apply. Lead times depend on make/models purchased. Note: Standard delivery method is ground or two -day air for software and surface carrier for hardware. Actual delivery method may vary depending on weight. Other service is available for an additional fee (e.g., overnight delivery). PAYMENT TERMS Net thirty (30) days, on approved credit. Orders less than S800 require prepayment by check or credit card unless your organization is a government agency, university, college, or Fortune 500 company. TAXES Prices quoted do not include applicable sales or use taxes unless so stated. In preparing your budget, please allow for applicable sales tax. ESRI reserves the right to collect sales tax assessed by states as required by law. ESRI will add state sales tax to the invoice unless proof with the order is shown to ESRI that your organization is tax exempt or pays state tax directly. G- 272 /KMM Page 2 711105 ESRI. 380 New York St.. Redlands. GA 92373 -8100 USA • TEL 909- 793 -2853 • FAX 909- 793 -5953 IMPORTANT -READ CAREFULLY UNLESS IT IS SUPERSEDED BY A SIGNED LICENSE AGREEMENT BETWEEN YOU AND ESRI, ESRI IS WILLING TO LICENSE THE SOFTWARE, DATA, OR DOCUMENTATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS ESRI LICENSE AGREEMENT. PLEASE READ THE TERMS AND CONDITIONS CAREFULLY. THE SOFTWARE, DATA, OR DOCUMENTATION WILL NOT BEGIN DOWNLOADING TO OR INSTALL ONTO YOUR COMPUTER SYSTEM UNTIL YOU HAVE MANIFESTED YOUR ASSENT TO THE TERMS AND CONDITIONS OF THE ESRI LICENSE AGREEMENT BY CLICKING "I accept the License Agreement" BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AS STATED, THEN ESRI IS UNWILLING TO LICENSE THE SOFTWARE, DATA, OR DOCUMENTATION TO YOU AND YOU SHOULD CLICK "I do not accept the License Agreement" BELOW, IN WHICH EVENT, THE SOFTWARE, DATA, OR DOCUMENTATION WILL NOT BE DOWNLOADED TO OR INSTALLED ONTO YOUR COMPUTER SYSTEM. ESRI LICENSE AGREEMENT (E204 3/05) This ESRI License Agreement (hereinafter referred to as "License Agreement ") is between you ( "Licensee ") and Environmental Systems Research Institute, Inc. ( "ESRI "), a California corporation, with its principal place of business at 380 New York Street, Redlands, California, 92373 -8100, USA. ARTICLE 1- DEFINITIONS Definitions—As used herein, the following words, phrases, or terms in this License Agreement shall have the following meanings: (a) "Data" means any ESRI or third party data vendor(s) digital data set(s) including, but not limited to, geographic, vector data coordinates, raster, reports, or associated tabular attributes in ESRI GIS software compatible formats) supplied under this License Agreement. (b) "Documentation" means all of the printed and digital materials including, but not limited to, user documentation, training documentation, or technical information and briefings supplied under this License Agreement. (c) "License Manager" means the nondestructive license management software program or hardware key, or similar copy protection mechanism, which controls the distribution of the licensed number of Software copies to requesting end user(s) of Licensee. (d) "Software" means the actual copy of all or any portion of ESRI's proprietary geographic information system (GIS) software technology, computer software code, components, dynamic link libraries (DLLs), and programs delivered on any media, including, but not limited to, alpha, beta, prerelease, restricted version(s), or final commercial release provided in source, object, or executable code format(s), inclusive of backups, updates, service packs, sample code, or merged copies permitted hereunder or subsequently supplied under this License Agreement. ARTICLE 2— INTELLECTUAL PROPERTY RIGHTS AND RESERVATION OF OWNERSHIP The Software, Data, and Documentation are owned by ESRI and its licensors) and are protected by United States laws and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights inclusive of trade secrets. ESRI and its licensor(s) retain all rights, title, and ownership not granted herein to all copies of the Software, Data, and Documentation licensed under this License Agreement. From the date of receipt, Licensee agrees to use reasonable effort to protect the Software, Data, and Documentation from unauthorized use, reproduction, distribution, or publication. All rights not specifically granted in this License Agreement are reserved to ESRI and its licensor(s). ARTICLE 3 —GRANT OF LICENSE 3.1 Grant of License —In consideration of the mutual promises and covenants provided herein and for other good and valuable consideration, and conditioned upon compliance with all of the terms and conditions set forth in this License Page 1 of 6 E204 3/05 Agreement including, but not limited to, Article 4, ESRI grants to Licensee a personal, nonexclusive, nontransferable license to (a) Use the Software, Data, and Documentation as a single package for Licensee's own internal use only; and (b) Access and use any secure ESRI Web site resources made available to Licensee for Licensee's internal use only, provided that Licensee follows ESRI's terms of use policy specified therein. All password or controlled access information provided by ESRI or its authorized distributor shall be treated as ESRI confidential information. 3.2 Beta License —In the event ESRI accepts Licensee into a current Beta Testing program, Licensee may be provided copies of alpha, beta, and/or prerelease (hereinafter collectively referred to as "Beta ") Software for the limited purpose of testing the Beta Software in accordance with the Beta testing policies then in effect. Beta Software and Documentation delivered are confidential and proprietary to ESRI and contain trade secrets, inclusive of unpublished specifications. In consideration of the rights granted herein, Licensee agrees to retain all Beta Software and Documentation provided to Licensee in confidence. Licensee shall maintain all results of testing in confidence and agrees not to disclose to any third party details pertaining to the Beta Software, Documentation, test results, or errors encountered. ESRI reserves the right to determine which Beta Software and Documentation, subsequent interim beta release(s), or patch(es) will be made available to Licensee to test during the term of the License Agreement. Beta Software is subject to change prior to its commercial release and may never be commercially released. Licensee is advised that such Software is not suitable or licensed for full use and accepts all responsibility for use of the same and any results generated. 3.3 Evaluation License ESRI may from time to time extend a limited term evaluation license(s) under the terms of this License Agreement, for the duration authorized in any supporting documentation supplied by ESRI. 3.4 Consultant Access— Licensee may provide access to the Software, Data, or Documentation to any consultant or contractor of Licensee, provided that the consultant or contractor is using the Software, Data, or Documentation exclusively for the benefit of Licensee. Licensee shall be responsible for compliance by consultants or contractors with the terms and conditions of this License Agreement. 3.5 Commercial Application Service Provider —Use of ESRI Software, Data, or Documentation in a commercial Application Service Provider (ASP) business model is subject to execution of a written ASP license agreement and the payment of the appropriate additional license fees. for purposes of this License Agreement, a commercial ASP means a Licensee who uses ESRI Software, Data, or Documentation for a site or service, operates the site or the service for a profit, and generates revenue by charging for access to the site or service (by selling data, pay - per -view, subscription fee, or similar means). ARTICLE 4 —SCOPE OF USE 4.1 Permitted Uses (a) Licensee may (i) install and store copies onto electronic storage device(s) and (ii) only use the Software, Data, and Documentation as described in Exhibit I —Scope of Use and in accordance with the licensed configuration provided at the time of order, Software registration, or License Manager issuance. (b) Licensee may make one (1) copy of the Software, Data, and Documentation for archival purposes during the term of this License Agreement. Additionally, Licensee may make routine computer backups and implement a redundant Software installation for failover operations during the period the primary site is not operational. The redundant Software installation shall remain dormant except for system maintenance and updating of databases while the primary site is operational. (c) Licensee may customize the Software using any (i) macro or scripting language, (ii) open application programming interface (API), or (iii) source or object code libraries, but only to the extent that such customization is described in the Documentation. (d) Excluding ESRI BIS Data and unless there is a statement to the contrary in the metadata, Licensee may use, copy, reproduce, publish, publicly display, or redistribute map images derived from ESRI branded Data in hard -copy or static, electronic formats (i.e., .gif, .tif, etc.) provided that Licensee affixes an attribution statement to the map images acknowledging ESRI or its licensors as the source of the portion(s) of such Data displayed, printed, or plotted. The ESRI branded Data shall not be used separately from ESRI Software. Otherwise, Licensee may use the Data only as described in the Distribution Rights section of the help or metadata files delivered with the Software, Data, and Documentation, or subj ect to the third party Data vendor's terms. (e) Licensee may use, copy, or prepare derivative works of the Documentation supplied in digital fomiat and thereafter reproduce, display, and redistribute the customized documentation only for Licensee's own internal use. The portion(s) of the Documentation supplied in digital format merged with other software and printed or digital documentation shall Page 2 of 6 E204 3/05 continue to be subject to the terms and conditions of this License Agreement and shall provide the following copyright attribution notice acknowledging the proprietary rights of ESRI and its licensor(s) in the Documentation supplied in digital format: "Portions of this document include intellectual property of ESRI and its licensor(s) and are used herein under license. Copyright O [Insert the actual copyright dates) from the source materials] ESRI and its licensor(s). All rights reserved." (f) Licensee may include ESRI BIS reports and other output in presentation packages or marketing studies for subsidiaries and customers where the value of the ESRI BIS report or other Data output is less than twenty percent (20 %) of Licensee's total value of the presentation package or marketing study. Full, complete, stand -alone reports created from the ESRI BIS Software or Data cannot be resold without prior written permission of ESRI BIS. Licensee's third party customer may only receive reports and maps generated by Licensee and may only use the maps and reports received from Licensee for internal purposes. 4.2 Uses Not Permitted (a) Licensee shall not sell, rent; lease, sublicense, lend; assign, time- share; or act as a service bureau or Application Service Provider (ASP) that allows third party access to the Software, Data, and Documentation except as provided herein; or transfer, in whole or in part, access to prior or present versions of the Software, Data, or Documentation, any updates, or Licensee's rights under this License Agreement. (b) Licensee shall not redistribute the Software registration number /license authorization file(s). (c) Licensee shall not redistribute the Software, in whole or in part, including, but not limited to, extensions, components, or DLLs without the prior written approval of ESRI as set forth in an appropriate redistribution license agreement. (d) Licensee shall not reverse engineer, decompile, or disassemble the Software, Data, or Documentation, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction in order to protect ESRI and its licensor(s) trade secrets and proprietary information contained in the Software, Data, or Documentation. (e) Licensee shall not make any attempt to circumvent the technological measures) (e.g., License Manager, etc.) that controls access to or use of the Software, Data, and Documentation, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction. (f) Licensee shall not use the Software to transfer or exchange any material where such transfer or exchange is prohibited by copyright or any other law. (g) Licensee shall not remove or obscure any ESRI or its licensors) patent, copyright, trademark, or proprietary rights notices contained in or affixed to the Software, Data, or Documentation. (h) After a reasonable transition period for updating to the most current version of the Software, Licensee shall cease using all prior version(s) of the Software that Licensee has elected to update to the most current version(s) of the Software. When the transition to the most current version(s) of the Software is complete, the quantity of Software licenses in use by Licensee at any given time shall not exceed the total quantity licensed by ESRI in accordance with the licensed configuration on file with ESRI Customer Service or ESRI's authorized distributor. (i) With the exception of Server Software application licenses for which such licensed use are contemplated, Licensee shall not provide access to or allow affiliates or other third parties to use the Software, Data, or Documentation in a distributed computing environment. This restriction shall not apply to Section 3.4, Consultant Access. {i) Licensee may not distribute or post Data, reports, or other output from ESRI BIS Software or Data or services on the Internet without the express written consent of ESRI BIS. ARTICLE 5—MAINTENANCE Maintenance consists of Software, Data, or Documentation updates and access to technical support and other benefits specified in the most current applicable ESRI or its distributor's Support Services Policy. ARTICLE 6 —TERM AND TERMINATION The license granted to Licensee by this License Agreement shall commence upon the acceptance of this License Agreement and shall continue until such time that (i) Licensee elects in writing to discontinue use of the Software, Data, or Documentation and terminates this License Agreement or (ii) either party terminates this License Agreement for a material breach that is not cured within ten (10) days of written notice to the other party, except that termination is immediate for a material breach of a nature that it is impossible to cure. Upon termination of this License Agreement, Licensee shall uninstall, remove, and destroy all Software, Data, and Documentation, and any whole or partial copies, modifications, or merged portions in any form and execute and deliver evidence of such demstallation and destruction to ESRI or its authorized distributor. Page 3 of 6 E204 3105 ARTICLE 7- LIMITED WARRANTIES AND DISCLAIMERS 7.1 Limited Warranties For a period of ninety (90) days from the later of the date of keycode issuance or date of delivery of the Software, Data, or Documentation to Licensee, ESRI represents and warrants that (i) the unmodified Software will substantially conform to the published Documentation and (ii) the media upon which the Software, Data, and Documentation is provided will be free from defects in materials and workmanship under normal use and service. 7.2 Data Disclaimer —If included under this License Agreement, the Data has been obtained from sources believed to be reliable, but its accuracy and completeness are not guaranteed. The Data may contain some nonconformities, defects, errors, or omissions. ESRI AND ITS LICENSORS) MAKE NO WARRANTY WITH RESPECT TO THE DATA. Without limiting the generality of the preceding sentence, ESRI and its licensors) do not warrant that the Data will meet Licensee's needs or expectations, the use of the Data will be uninterrupted, or that all nonconformities can or will be corrected. ESRI and its licensor(s) are not inviting reliance on this Data, and Licensee should always verify actual Data including, but not limited to, map, spatial, raster, and tabular information. 7.3 High Risk Activities (a) The Software, Data, and Documentation are not fault - tolerant and are not designed, manufactured, or intended for use or resale for insurance undenvriting or with critical health and safety or online control equipment in hazardous environments that require fail -safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, emergency response, terrorism prevention or response, life support, or weapons systems ( "High Risk Activities "). ESRI SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES. (b) To the extent permitted by law, Licensee agrees to indemnify, defend, and hold ESRI, its officers, directors, employees, agents, subcontractors, licensors, successors, and assigns harmless from and against any and all liability, losses, claims, expenses (including attorneys' fees), demands, or damages of any kind, including direct, indirect, special, punitive, incidental, or consequential damages, arising out of or in any way connected with Licensee's use or permitting the use by others of the Software, Data, and vendor's hardware for High Risk Activities. Delivery of the Software, Data, and vendor's hardware does not constitute a waiver of the rights and obligations set forth in this Article. 7.4 General Disclaimer— EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTIES, ESRI DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. ESRI DOES NOT WARRANT THAT THE SOFTWARE, DATA, OR DOCUMENTATION WILL MEET LICENSEE'S NEEDS, OR THAT LICENSEE'S OPERATION OF THE SAME WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ALL NONCONFORMITIES CAN OR WILL BE CORRECTED. LICENSEE EXPRESSLY ACKNOWLEDGES AND AGREES THAT ALPHA, BETA, PRERELEASE, RESTRICTED VERSION, SAMPLE CODE AND EVALUATION SOFTWARE ARE DELIVERED "AS -IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINTERFERENCE, SYSTEM INTEGRATION, AND NONINFRINGEMENT. LICENSEE ASSUMES ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE BETA AND EVALUATION SOFTWARE. 7.5 Exclusive Remedy— Licensee's exclusive remedy and ESRI's entire liability for breach of the limited warranties set forth in this Article 7 shall be limited, at ESRI's sole discretion, to (i) replacement of any defective media; (ii) repair, correction, or a work- around for the Software subject to the ESRI Support Services Policy, or (iii) return of the license fees paid by Licensee for the Software, Data, or Documentation that does not meet ESRI's Limited Warranty, provided that Licensee uninstalls, removes, and destroys all copies of the Software, Data, or Documentation and executes and delivers evidence of such deinstallation and destruction to ESRI or its authorized distributor. ARTICLE 8— LIMITATION OF LIABILITY 8.1 Disclaimer of Certain Types of Liability —IN NO EVENT SHALL ESRI OR ITS LICENSORS) BE LIABLE TO LICENSEE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOST PROFITS; LOST SALES OR BUSINESS EXPENDITURES; INVESTMENTS; OR COMMITMENTS IN CONNECTION WITH ANY BUSINESS, LOSS OF ANY GOODWILL, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS LICENSE AGREEMENT OR USE OF THE SOFTWARE, DATA, OR DOCUMENTATION, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR Page 4 of 6 E204 3/05 NOT ESRI OR ITS LICENSORS) HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. 8.2 General Limitation of Liability — EXCEPT AS PROVIDED IN ARTICLE 9— INFRINGEMENT INDEMNITY, IN NO EVENT WILL ESRI'S TOTAL CUMULATIVE LIABILITY HEREUNDER, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF WARRANTY, MISREPRESENTATION, OR OTHERWISE, EXCEED THE AMOUNTS PAID TO ESRI BY LICENSEE FOR SOFTWARE, DATA, OR DOCUMENTATION PURSUANT TO THIS LICENSE AGREEMENT. 8.3 Applicability of Disclaimers and Limitations—Licensee agrees that the limitations of liability and disclaimers set forth in this License Agreement will apply regardless of whether Licensee has accepted the Software, Data, or Documentation or any other product or service delivered by ESRL The parties agree that ESRI has set its prices and entered into this License Agreement in reliance upon the disclaimers and limitations set forth herein, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties. ARTICLE 9— INFRINGEMENT INDEMNITY 9.1 ESRI shall defend, indemnify, and hold harmless Licensee from and against any loss, liability, cost, or expense, including reasonable attorneys' fees, which may be incurred by Licensee against any claims, actions, or demands by a third party alleging that the Software, Data, or Documentation infringes a U.S. patent, copyright, or trademark provided (a) Licensee promptly notifies ESRI in writing of the claim thereof; (b) ESRI has sole control of the defense of any actions and negotiations related to the defense or settlement of any claim; and (c) Licensee cooperates fully in the defense of the claim. 9.2 If ESRI believes that the Software, Data, or Documentation is or will become the subject of an infringement claim, or in the event that use of the Software, Data, or Documentation is enjoined, ESRI, at its own expense, may either (i) obtain the right for Licensee to continue using the Software, Data, or Documentation or (ii) modify the Software, Data, or Documentation to make it noninfringing while maintaining substantially similar software functionality or data /informational content. If neither of such alternatives is commercially reasonable, the infringing items shall be returned to ESRI and ESRI's sole liability shall be to refund license fees paid by Licensee prorated on a five (5) year, straight line depreciation basis beginning from the initial date of delivery. 9.3 ESRI shall have no obligation hereunder to defend Licensee or to pay any resulting costs, damages, or reasonable attorneys' fees for or with respect to any claims, actions, or demands alleging (i) infringement that arises by reason of combination of noninfringing items, however acquired, with any items not supplied by ESRI; (ii) infringement to the extent arising from material alteration of the Software, Data, or Documentation by anyone other than ESRI, its agents, or its contractors; (iii) the direct or contributory infringement of any process patent by Licensee through the use of the Software, Data, or Documentation other than a process patent that is necessarily infringed by the internal processes executed within the Software or Data itself when the Software or Data is executed for its intended purpose; (iv) continued allegedly infringing activity by Licensee after it has been notified of the possible infringement; or (v) continued allegedly infringing activity by Licensee to the extent it arises from failure of Licensee to use the updated or modified Software, Data, or Documentation provided by ESRI for avoiding infringement. THE FOREGOING STATES THE ENTIRE OBLIGATION OF ESRI WITH RESPECT TO INFRINGEMENT OR ALLEGATION OF INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. ARTICLE 10— GENERAL PROVISIONS 10.1 Export Control Regulations— Licensee expressly acknowledges and agrees that Licensee shall not export, reexport, or provide the Software, Data, or Documentation, in whole or in part, to (i) any country to which the United States has embargoed goods, (ii) any person on the U.S. Treasury Department's list of Specially Designated Nationals; (iii) any person or entity on the U.S. Commerce Department's Table of Denial Orders; or (iv) any person or entity where such export, reexport, or provision violates any U.S. export control law or regulation. Licensee shall not export the Software, Data, and/or Documentation or any underlying information or technology to any facility in violation of these or other applicable taws and regulations. Licensee represents and warrants that it or its employees, consultants, or customers who gain access to the Page 5 of 6 E204 3/05 Software, Data, or Documentation are not a national, resident, located in or under the control of, or acting on behalf of any person, entity, or country subject to such U.S. export controls. 10.2 Taxes and Fees, Shipping Charges— License fees quoted to Licensee are exclusive of any and all taxes or fees including, but not limited to, sales tax, use tax, value -added tax (VAT), customs, duties, or tariffs, and shipping and handling charges. 10.3 No Implied Waivers —The failure of either party to enforce any provision of this License Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision. 10.4 Severability —The parties mutually agree that if any provision of this License Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable. 10.5 Successor and Assigns — Licensee shall not assign, sublicense, or transfer Licensee's rights or delegate its obligations under this License Agreement without ESRI's prior written consent, and any attempt to do so without consent shall be void. This License Agreement shall be binding upon the respective successors and assigns of the parties to this License Agreement. Notwithstanding, a U.S. Government contractor may assign its rights under this License Agreement to a U.S. Government Agency upon written notice to ESRI if the U.S. Government Agency assents to the terms of this License Agreement. 10.6 Survival of Terms —The provisions of Articles 6, 7, 8, 9, and 10 of this License Agreement shall survive the expiration or termination of this License Agreement for any reason. 10.7 Equitable Relief — Licensee agrees that any breach of this License Agreement by Licensee may cause irreparable damage and that, in the event of such breach, in addition to any and all remedies at law, ESRI shall have the right to seek an injunction, specific performance, or other equitable relief in any court of competent jurisdiction to prevent violation of these terms and without the requirement of posting a bond or undertaking or proving injury as a condition for relief. 10.8 Commercial Terms and Conditions for U.S. Government Use —This License Agreement contains ESRI's commercial terms and conditions. Licensee's rights in the Software, Data, and Documentation are strictly limited to the uses granted by this License Agreement pursuant to FAR 12.211, FAR 12.212, and DFARS 227.7202. In the event any court, arbitrator, or board holds that the U.S. Government has greater rights to any portion of the Software, Data, or Documentation, such rights shall extend only to the portion(s) affected and use, duplication, or disclosure by the U.S. Government is subject to restrictions as provided in FAR 52.227 -19 (June 1987), FAR 52.227 -14 (ALT 111) (June 1987), DFARS 252.227 -7015 (NOV 1995), or NFS 1852.227 -86 (December 1987), as applicable. No other license terms or conditions shall apply unless expressly agreed in writing by ESRI and Licensee. ESRI Software is unpublished and all rights reserved under copyright laws of the United States. 10.9 Governing Law, Arbitration A. Licensees in the United States ofArneriea, Its Territories, and Outlying Areas —This License Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict of laws principles. Except as provided in Article 10.7 above, any dispute arising out of or relating to this License Agreement, or the breach thereof, which cannot be settled through negotiation, shall be finally settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If Licensee is a U.S. Government agency, this License Agreement is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. 601 -613), in lieu of the Arbitration provisions of this clause. B. All Other Licensees — Except as provided in Article 10.7 above, all disputes arising in connection with this License Agreement that cannot be settled through negotiation shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one (1) arbitrator appointed in accordance with said Rules. The language of the arbitration shall be in English. The place of the arbitration shall be at a mutually agreed location. This License Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Either party shall, at the request of the other, make available documents or witnesses relevant to the major aspects of the dispute. This License Agreement constitutes the sole and entire License Agreement of the parties as to the subject matter set forth herein and supersedes any previous License Agreements, understandings, and arrangements between the parties relating to such subject matter, and any terms on Licensee's purchase orders. Any modification(s) or amendment(s) to this License Agreement must be in writing and signed by an authorized representative of each party. Page 6 of 6 E204 3/05 EXHIBIT 1 SCOPE OF USE (E300 9/05B) ESRI, 380 New York St., Redlands, GA 92373 -8100 USA • TEL 909- 793 -2853 - FAX 909- 793 -5953 The scope of use for each ESRI Software identified below is described in the applicable footnotes listed in parentheses. Desktop Software ArcGIS Desktop - ArcReader (I and 18) - ArcView (l, 2, 6, and 14) - ArcEditor (1, 2, 6, and 14) - ArcInfo (2, 6, and 14) - ArcInfo Workstation Extensions (2 and 6) - ArcGIS Desktop Extensions (1, 2, and 6) • Production Line Tool Set for ArcGIS (PLTS); GIS Data Reviewer; Job Tracking for ArcGIS (1 and 2) • ArcView GIS 3.x - ArcView and Extensions (1) • ArcPad (1, 9, and 10) • ArcPad StreetMap (1, 9, and 19) • ArcLogistics Route (1 and 8) • BusinessMAP (1) • Maplex (1) • MOLE (1) • ArcExplorer (1 and 18) • Data Sets (1) • Tracking Server (7 and 22) • ESRI Image Server - ESRI Image Server Base License (3, 5, 7, and 22) - Extensions (3, 6, 7, and 22) Developer Software • ArcGIS Schematics SDK (1, 4, 12, and 15) • ArcGIS Engine - ArcGIS Engine Developer Kit (1, 12, and 21) - ArcGIS Engine Runtime (l, 12, and 21) - Extensions (1, 6, 12, and 21) • MOLE SDK (1, 4, and 12) • ArcPad Application Builder (1) • MapObjects- Windows Edition (1, 4, 11, 12, and 15) • MapObjects -Java Edition (1, 3, 4, 5, 7, 12, 15, 16, and 22) • MapObjects LT (1, 4, 11, and 12) • NetEngine (1, 5, and 12) • NetEngine Internet (3, 5, and 13) • Geocoding Development Kit (1) Server Software • ArcGIS Server - ArcGIS Server Base License (3, 5, 7, and 22) - Extensions (3, 6, 7, and 22) • ArcSDE - ArcSDE Application and Connection Server (3, 5, 7, 17, and 22) - ArcSDE for Coverages (3, 5, 7, 17, and 22) - ArcSDE Client Access (2, 17, and 22) - ArcSDE CAD Client (2, 17, and 22) • ArcIMS - ArcIMS and Extensions (3, 5, 6, 7, 12, and 22) - ArcIMS ArcMap Server (3, 5, 7, 12, and 22) - RouteMap IMS (3, 5, 7, 12, and 22) ESRI Software, Data, and Documentation • ArcGIS Business Analyst (1, 2, and 20) • ArcView Business Analyst (1 and 20) • Demographic Data (1 and 20) - CommunityInfo - Retail Marketplace - Consumer Expenditure • Community Tapestry Data (1 and 20) • Third Party Data (1 and 20) • Community Coder (1 and 20) • Sourcebook America (included with ArcReader) (1, 18, and 20) • Portfolio - Allocate (1 and 20) - Solocast (1 and 20) 1. "Single use license" means a license must be dedicated for each computer or network access point that has use rights for the Software, Data, or Documentation. Licensee may make a second copy for Licensee's exclusive use on a portable computer so long as only one (1) copy of the Software, Data, and Documentation is in use at any one time. 2. "Concurrent use license" means a license that permits execution of the Software on any computer on the network. The number of simultaneous /concurrent users may be controlled by a License Manager to access and use the Software, Data, or Documentation. 3. "Server license" means a license for (server -side) Software that (i) resides on a server computer and provides services to multiple users and/or client computers in a distributed computing environment, or (ii) resides on an individual desktop computer and provides services to that computer in conjunction with ArcGIS Desktop or other Server Software. For Page 1 of 4 E300 9/05B example, an ArcSDE direct connection with an ArcGIS Desktop application, or an ArcSDE direct connection with ArcIMS or ArcGIS Server is a server license. 4. A "Stand -alone Deployment license " grants the right to Licensee to redistribute a stand -alone application to end users, provided the application is installed on each computer on which the application is rum. The Stand -alone Deployment license requires payment of redistribution or deployment fees, except for MapObjects LT. 5. A "Server Deployment license" grants the right to Licensee to redistribute an application via a network, the Internet, or Intranet to end users of the application (also known as an "Internet Redistribution license "). The Server Deployment license does not require payment of additional deployment or redistribution fees, except for MapObjects—Java Edition. 6. Extensions to Software programs follow the same scope of use as that granted for the corresponding Software programs. For example, if Licensee orders Concurrent Use Arctnfo, then any associated extension is also licensed for concurrent use or if Licensee orders an ArcGIS Server extension, that extension is also licensed for use on a server. 7. MapObjects —Java Edition and "Server Software" licenses are licensed per Server /CPU. Each Server Software license may be installed on up to 2 CPUs in one server; licenses for additional CPUs are available. Server licenses include the rights to develop, test, and deploy applications to end users via a network, the Internet, or Intranet on or from the same licensed server, provided the source and object code are not accessible to users of the application and that Licensee does not generate revenue directly by charging for access to the site or service by selling data, pay- per -view, subscription fee, or similar means by utilization of the Software. Licensee shall not use any type of development or testing licenses, including those licenses installed in a staging server environment (Staging Server licenses) to deploy applications for production use by end users. The administration tools for ArcIMS, ArcSDE, ESRI Image Server, and MapObjects— Java Edition may be copied and redistributed throughout Licensee's organization. User developed ArcGIS Server administration tools may be copied throughout Licensee's organization, but the ArcCatalog application (found in the ArcGIS Desktop (ArcView, ArcEditor, or ArcImb) may not be copied unless part of a licensed ArcGIS Desktop installation. The AMMS license includes the right to deploy MapObjects— Windows Edition applications on the Internet or Intranet. Licensee shall not develop client/server solutions with the AMMS Java Archive (JAR) files without a license for the MapObjects Java Edition Developer Kit. 8. ESRI and its licensor(s) grant Licensee a nonexclusive, nontransferable, limited license to use, copy, and prepare derivative works by (a) Translating "alroute.mld" (hereinafter "Dictionary ") from the original text in the English language; (b) Editing Geographic Data Technology (GDT) Data included within ArcLogistics Route; and (c) Adding Data (owned by Licensee or others) to ArcLogistics Route Software. The license grant is conditioned as follows: (a) The derivative works are for Licensee's internal use only; (b) ESRI and its licensor(s) retain all exclusive right, title, and interest in and benefits from the derivative works, except Data owned by Licensee or others; and (c) Licensee expressly waives and relinquishes any and all ownership including, but not limited to, copyright, moral rights, or any other statutory or common law claims to the derivative works, except for Data owned by Licensee or others. Licensee shall not translate, modify, or edit in any way the software name "ArcLogistics Route," software logo, any third party software, any text other than the Dictionary, or any Data other than GDT's. The amount of Data used by Licensee is limited by Data credits purchased. Additional icense fees are required if ArcLogistics Route with Data is to be accessed by more than one (1) ArcLogistics Route license. 9. ArcPad SOFTWARE IS NOT LICENSED FOR NAVIGATIONAL USE. 10. This is a "Dual Use License," meaning the Software may be installed on a desktop computer and may be used simultaneously with either a Personal Digital Assistant (PDA) or handheld mobile computer provided that the Software is only used by a single individual at any one (1) time. 11. Licensee shall not redistribute or disclose the MapObjects developer license file (*.lic). Developers must attribute as follows: "Portions of this computer program are owned by LizardTech, Inc., and are Copyright cc 1995 -2002 LizardTech, Inc., and/or the University of California. All rights reserved. U.S. Patent No. 5,710,835." Page 2 of 4 E300 9/05B 12. Redistribution rights for standard or Internet application(s) may be subject to payment of additional icense fees. Other restrictions notwithstanding, Licensee may redistribute commercial applications to its sublicensee(s) provided Licensee uses a written sublicense agreement that protects ESRI's rights in its Software, Data, and Documentation to the same extent as the ESRI License Agreement, and that includes the following terms, as a minimum: (a) Sublicensee may not reverse engineer, decompile, or disassemble the ESRI Software, Data, or Documentation, except to the extent permitted by applicable law, copy for commercial use, transfer, or assign its rights under the license grant, and (b) Sublicensee may not use any ESRI Software, Data, or Documentation, in whole or in part, separate from Licensee's executable application. (c) Third party dependent or required components are redistributable subject to permission from the owner or author. 13. Subject to an annual renewal fee. 14. Licensee may use Business Objects Crystal Reports software only with the ESRI Software with which it was acquired and subject to the Crystal Reports Professional License Agreement available on the media. However, for use of Crystal Reports software with Concurrent Use ArcGIS Software licenses, Licensee may install and use a Crystal Reports license on any computer on the network on which the ArcGIS Desktop Concurrent Use Software is used, but it may only be used with the ESRI Software with which it was acquired, as previously noted. Licensee may not use a software program or system to cache or queue report requests. 15. The Redistribution Stand -alone (or Deployment) license is per application per computer. For MapObjects— Windows Edition, Internet or Intranet Deployment requires an ArcIMS Internet Deployment License. Except for ArcIMS licenses, one (1) Internet Deployment license is required for each ArcIMS server /CPU that runs Web mapping applications built with MapObjects— Windows Edition. For MapObjects —Java Edition, Internet or Intranet Deployment requires a MapObjects —Java Internet Deployment License. An application upgrade is not a redeployment as long as it uses the same major revision of ArcGIS Schematics SDK, MapObjects— Windows Edition, or MapObjects Java Edition. 16. The MapObjects —Java Edition contains Java Archive (JAR) files, which indicate they are authentic ESRI- certificated files when used over the Internet. Any Licensee certificate placed on the modified "re- jarred" files cannot reference ESRI as a source of trusted content. In addition to any other rights and restrictions in the Agreement, Licensee may use the MapObjects —Java Edition on a single computer to (a) Build applet(s) that are used only as an internal component in end user interfaces, and to copy the applet(s) to additional computers (e.g., Web Server) from which Licensee may deploy the applet(s) to end users via download in the course of browsing or interacting with Licensee's Web pages. End user redistribution of the applet(s) is not allowed, and (b) Build stand -alone Java Applications. Licensee may deploy the Java class ESRI certificated libraries as an integral part of Licensee's application(s); and (c) Build servlets and/or Enterprise JavaBeans with MapObjects —Java components, requiring a MapObjects —Java Internet Deployment License for each server configuration, and (d) Distribute MapObjects Java applets, provided (i) Licensee's Web pages or software application(s) is targeted at end users and not as a development tool; (ii) Licensee does not use ESRI's name, logos, or trademark to market Licensee's Web pages or application(s); and (iii) Licensee includes a valid Licensee copyright notice on Licensee's Web pages and software application(s). 17. ArcSDE is licensed on a Server /CPU basis and on a one -to -one basis with a relational database. Licensee may run ArcSDE on a Server to connect to a DBMS, or may connect directly to a DBMS by running ArcSDE on an individual desktop computer. Each ArcSDE Server license permits multiple ArcSDE instances on one (1) server or one (1) desktop computer if Licensee has multiple database instances on the corresponding database Server. Licensee may not connect to more than one (1) database server with an ArcSDE license. ArcSDE for Coverages is licensed only in conjunction with ArcView, ArcEditor, or Archifo concurrent use licenses, or ArcSDE Server or ArcIMS Server licenses. Licensee may reproduce and redistribute ArcSDE for Coverages for its internal use. 18. 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Page 4 of 4 E300 9/05B MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Shann Finwall, AICP, Planner SUBJECT: Conditional Use Permit Review APPLICANT: John Schmelz — Countryside Motors LOCATION: 1180 Highway 36 East DATE: November 3, 2006 INTRODUCTION John Schmelz's conditional use permit (CUP) for the expansion of a nonconforming automobile repair facility and sales /storage lot at Countryside Motors, 1180 Highway 36 East, is due for review. The sales /storage lot was constructed of an innovative, environmentally beneficial pavement surface called Uni Eco -Stone and can accommodate the storage of up to 200 automobiles. The parking lot was designed to reduce stormwater runoff through infiltration within the surface, which alleviates the need for a large stormwater pond. BACKGROUND On March 31, 2003, the city council approved a CUP for the expansion of a nonconforming automobile repair facility and automobile sales /storage lot (both located closer than the required 350 feet to residential property). Refer to the March 31, 2003, city council minutes attached. On April 26, 2004, and September 12, 2005, the city council approved the CUP and requested review again in one year. DISCUSSION The addition to the Saab building and the sales /storage lot were complete in the fall of 2003. The watershed district has been monitoring the pervious pavement system and finds that the storm water permeation results are favorable. Staff inspected the site to ensure compliance with the CUP and found all conditions were being met. RECOMMENDATION Approve John Schmelz's conditional use permit for the expansion of a nonconforming automobile repair facility and sales /storage lot at Countryside Motors located at 1180 Highway 36 East, and review the conditional use permit again if a problem arises in the future or an expansion or change is proposed. P: \Sec9 \Countryside 2006 CUP Review Attachments: 1. Location Map 2. Site Plan 3. Elevations 4. March 31, 2003, City Council Minutes Attachment 1 L7 ■ ■ e ■ Lil ,� i ■ ■ " ■■ ■ ■ L ocation .! C ountryside Moto le Attachment 2 =Z=l A X W w b AP'/AM.61. wr P" AME (OAT*-"v — - IrwC"Mft= bomNtW4, v Nat L:23 ! lrvt x w w x Mme isiva %3°•t 'WtOWCHTM 5PA= 0 Ur x w w1f MIt AMLI! (CWTOIM Tor.o. f A w ID WNU x w W EMSTM CAlt4TCKAM p4ca �a7.WGAF4f ti) 4M CAI reax W 0ATf STC^Ade tam CYL) Poo flet C"d ----------- WUPIRF... NORTH Bo' Co l ED Awma...-i Site Plan Z\ N ^'" ~ Attachment ... . ~^` ~ Attachment 4 and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost for Phase One of the improvement of $1,282,000. 2. A public hearing shall be held on such proposed improvement on the 14th day of April 2003 in the council chambers of city hall at 7:30 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. 20. Municipal State Aid Advance — Resolution for Advance of State Aid Funds Adopted the following resolution requesting an advance encumbrance of $ 1,000.000 to the Municipal State Aid account. RESOLUTION 03-03-040 ADVANCE OF STATE AID FUNDS WHEREAS. the City of Maplewood is planning on implementing Municipal State Aid Street projects in 2003 which will require state aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, said city is prepared to proceed with the construction of said project through the use of advance encumbrances from the General State Aid Construction Account to supplement the available funds in their State Aid Construction Account, and WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.13, Subdivision 6, and Minnesota Rules, Chapter 8820. NOW, THEREFORE, BE IT RESOLVED that the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street projects of the City of Maplewood in an amount of up to $1,000,000 in accordance with the Minnesota Rules 8820.1500. Subparagraph 9, and to authorize repayments from the following year's accruals to the construction account of the Municipal State Aid Street fund for said city. H. PUBLIC HEARINGS 7:00 p.m. Schmelz Countryside VW/Saab Expansion (I 180 Highway 36) Parking Lot Setback Variance Resolution — Conditional Use Permit (CUP) for Expansion of Motor Vehicle Repair Facility-Conditional Use Permit (CUP) for Expansion of Motor Vehicle Sales Lot a. City Manager Fursman presented the staff report. Associate Planner Finwall presented specifies from the report. c. Commissioner Trippler presented the Planning Commission Report. d. Associate Planner Finwall presented the Design Review Board Report. Z;1 Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: City Council 03-31-03 John Schmelz, Owner of Schmelz Countryside William McCully, Glen Relibein Companies Gordon Anderson, 2255 Duluth Street, Maplewood Dale Trippler, 1201 Junction Avenue, Maplewood Jean Anderson, Gordon Anderson's daughter Will Rossbach, 1386 E. County Road C., Maplewood Greg Juenemann, 721 Mt. Vernon, Maplewood f. Mayor Cardinal closed the public hearing. Councilmember Collins moved to deny John Schmetz's request for a 15-foot-parking lot setback variance forma public right-of-way for the expansion of the sales/storaee lot at this Countryside Motors automobile dealership at 1180 HiQhwgy-36 east. Seconded by Councilmember Juenemann Ayes-Councilmember Collins, Juenemann, and Wasiluk Nays-Mayor Cardinal and Councilmember Koppen Councilmember Koppen moved to adopt the following resolution approving a revision to the conditional use permit for John Schmelz's Countryside Motors automobile dealership located at 1180 Hiizhway 36 east. The revision is for the ex ansion for the nonconforming automobile re air and automobile sales (both , located closer than the-required 350 feet to the residential property A friendly amendment was added to strike condition 4 sta should stud the loading and unloading of vehicles condition and bring recommendations back to cou ncil RESOLUTION 03-03-041 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, John Schmelz applied for a conditional use permit revision to expand his nonconforming automobile repair and automobile sales (both located closer than the required 350 feet to residential property). The revision includes an addition to the Saab building, and an expansion of the automobile sales/storage lot. WHEREAS, this permit applies to Countryside Motors Automobile Dealership at 1180 Highway 36 East. The legal description is: Existinia Dealership Legal Description: The west 105.00 feet of the east 135.00 feet of the north 30.00 feet of Block 10, Clifton Addition and vacated street accruing. The east 240.00 feet of Block 15, Clifton Addition, except the south 30.00 feet lying west of the east 135.00 feet thereof. Together with that part of vacated Cope Avenue accruing. The east 240.00 feet of that part of Block 16, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west I 10.00 feet of that part of Block 17, Clifton Addition, lying southerly of State Trunk Highway Number 36. The west 110.00 feet of Block 14, Clifton Addition, together with that part of vacated Cope Avenue accruing. City Council 03-31-03 The west 225.00 feet of east 255.00 feet of Block 10, Clifton Addition, together with that part of vacated Duluth Street accruing, except the south 174.00 feet and except the north 30.00 feet thereof. Proposed Sales Lot Legal Descrintio: That part of east 114 feet of the west 400 feet of Block 17, lying south of the southerly right-of-way line of Trunk Highway 36 and the east 11 4 feet of the west 400 feet of Block 14, lying north of the south 128 feet; and the east 290 feet of the west 400 feet of the north 98 feet of the south 128 feet of Block 14, all in Clifton Addition, Ramsey County, Minnesota, subject to roads. WHEREAS, the history of this conditional use pen revision is as follows: 1. On March 3. 2003, the planning commission recommended that the city council approve this permit. 2. On March 31, 2003, the city council held a public hearing. The city staff published a C� notice in the paper and sent notices to the surrounding property owners. The council ,gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW. THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit revision because: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or E:� property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing, or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. City Council 03-31-03 The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: I All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The construction of the proposed addition to the Saab building must be started within one year of city council approval or the approval for this addition shall end. The city council may extend this deadline for one year. 3. There shall be no automobile access, except emergency vehicles, to or from Duluth Street. 4. Automobiles shall only be parked on designated paved or engineered porous surfaces. The applicant will enter into a formal easement agreement with St. Paul Regional Water Services and the City of Maplewood which satisfies both agencies' conditions for access to the public Z� utility easements for water main (SPRWS) and sanitary and storm sewer (City of Maplewood). 6. The city council shall review this permit in one year. Seconded by CouncilmemberJuenemann Ayes-All Councilmember Collins moved to ggprove the plans date-stamped Janua!y,24. 2003. for the proposed Saab building addition and sales/storage, lot expansion to Count side Motors automobile dealership at 1180 Highway 36 east, subject to the following conditions: Repeat this review in two years if the city has not issued a building pen for this tt� project_ b. Signs shown on the site plan and building elevations are not part of this approval and will Suns separate sign permits. 0. Submit the following for staff approval before the city issues a grading or building permit: (1) Final grading and drainage plan for the proposed Uni Eco-Stone Paving System and final utilily and erosion control plans. The grading plan . must show no grading within 10 feet of the watermain. These PI ins must meet the requirements of the city engineer and city code. If. in the opinion of the city engineer. the Uni Eco-Stone Paving Svstern is not functioning as described by the property owner. as documented bv drainage problems in the area or to Rublic drainage facilities. City Council 03-31-03 afid eresien eentr-el These (4) Final-,=fadiag, , Utility plans. plans shall meet the r-equir-eiffients of the eit� eede gfading , piali sjust shew no g -fading — I , within 10 feet of the (1) Final grading and drainage plan for the proposed Uni Eco-Stone Paving System and final utilily and erosion control plans. The grading plan . must show no grading within 10 feet of the watermain. These PI ins must meet the requirements of the city engineer and city code. If. in the opinion of the city engineer. the Uni Eco-Stone Paving Svstern is not functioning as described by the property owner. as documented bv drainage problems in the area or to Rublic drainage facilities. City Council 03-31-03 the property owner shall have the Uni Eco-Stone Paving System removed and replaced with an asphalt paving and drainage pond system that would be subject to the city engineefs review and approval. (2) Verification that John Schmelz is the fee owner of the 3 0 -foot wide portion of the vacated Cope Avenue right-of-way that runs along the south portion of the expanded sales/storage lot property. I (3) A revised site plan showing the following: (a) The new sales/storage lot is setback 20 feet from the eastern residential property line. (b) The new sales/storage lot is set back 15 feet from the frontage road right- of-way. (c) The proposed fence along the south property line of the new sales/storage lot is set back at least 10 feet from the watermain. (d) The existing chain-link fence in front of the Saab building be removed and replaced with a fence compatible with the required north sales/storage lot fence described below. (e) The location of a 20-foot wide fire access drive aisle running from the frontage road to the entrance of the existing lot. This fire access aisle does not need to be striped on the new Uni Eco-Stone Paving System. however. the access aisle must be maintained at all times. (4) Elevations of the proposed fence and gate. The north fence, along the frontage road, shall include decorative pre-cast concrete columns. (5) Revised roof plan showing that all rooftop equipment and vents are located as close to the highest parapet wall as possible. zl� (6) A revised landscape plan to include: (a) Trees and sh =us Low-growth landscaping to be planted in front of the sales/storage lot, along the frontage road. (b) A row of columnar trees (narrow trees such as arborvitae or lindens) between Ember's parking lot and the new sales/storage lot. M (c) Replacing the Colorado blue spruce with Black Hills spruce, increasing 1:1 1 the number of spruce along the south side of the new sales storage lot to increase screening. and continuing the row of Black Hills spruce and City Council 03-31-03 na— (3) A revised site plan showing the following: (a) The new sales/storage lot is setback 20 feet from the eastern residential property line. (b) The new sales/storage lot is set back 15 feet from the frontage road right- of-way. (c) The proposed fence along the south property line of the new sales/storage lot is set back at least 10 feet from the watermain. (d) The existing chain-link fence in front of the Saab building be removed and replaced with a fence compatible with the required north sales/storage lot fence described below. (e) The location of a 20-foot wide fire access drive aisle running from the frontage road to the entrance of the existing lot. This fire access aisle does not need to be striped on the new Uni Eco-Stone Paving System. however. the access aisle must be maintained at all times. (4) Elevations of the proposed fence and gate. The north fence, along the frontage road, shall include decorative pre-cast concrete columns. (5) Revised roof plan showing that all rooftop equipment and vents are located as close to the highest parapet wall as possible. zl� (6) A revised landscape plan to include: (a) Trees and sh =us Low-growth landscaping to be planted in front of the sales/storage lot, along the frontage road. (b) A row of columnar trees (narrow trees such as arborvitae or lindens) between Ember's parking lot and the new sales/storage lot. M (c) Replacing the Colorado blue spruce with Black Hills spruce, increasing 1:1 1 the number of spruce along the south side of the new sales storage lot to increase screening. and continuing the row of Black Hills spruce and City Council 03-31-03 Isanti dogwood along the top of the entire retaining wall (both south and C) - tl east, adjacent both residential properties). (d) To ensure ne par-king en top ef the utili easeffient, F-effieval of an) g within 20 feet eftl e"i';* 'zs'zX:n f'QLe in the south padiing let an ea ...... establishment of tur-f 4T shrubs. To ensure no parking on top of the utility easement in the existing south 12arking lot, the re-establishment of all required landscape material on the existing south parking lot. over the utility easement. is required. (e) A row of 6-foot-high Black Hills spruce spaced 15 feet on center to be planted on the south side of the existing parking lot within the required 20-foot buffer area adjacent 2255 Duluth Street. The requirement for an underground irrigation system is waived for the new sales/storage lot if the applicant submits an agreement to the city that ensures that the landscaping will be hand-watered and replaced if it dies. Z� (7) A revised outdoor lighting and photometric plan. The revised plan shall show the height and style of all outdoor 9 lights (including relocated lights), and that the light C� illumination from all outdoor lights does not exceed .4 foot candies at all property lines. (8) A cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. d. Complete the following before occupying the sales/storage lot: (1) Install all approved parking lot surface (i.e., bituminous and curb and gutter, or engineered porous surface). (2) S-ipe all dfive aisles-. (2) Install the approved fence. (3) Install all required landscaping by June I if the sales/storage lot is finished in the C� fall or winter, or within six weeks of completion of the sales/storage lot if it is finished in the spring or summer. (4) Install all required exterior lights. (5) Enter into a formal easement agreement with St. Paul Regional Water Services and the City of Maplewood which satisfies both agencies* conditions for access to the public utility easements for watermain (SPRWS) and sanitary and storm sewer (City of Maplewood). (6) Install no-parking signs at the 20-foot setback along the eastern fence in the existing south lot to ensure that there is no parking over the utility easement. I e. Complete the following before occupying the Saab building: W 4:� (1) Install all required exterior improvements. (2) Screen all roof-mounted equipment visible from streets or adjacent residential property. All roof-top equipment and vents should be located as close to the parapet walls as appropriate to provide the best screening possible. City Council 03-31-03 (3) Ensure all trash dumpsters; are enclosed in a trash enclosure, subject to staff approval, if there would be outside trash storage. f, if any required work is not done, the city may allow temporary occupancy if' (1) The city determines that the work is not essential to the public health, safety or welfare. (2) The above-required letter of credit or cash escrow is held by the City of Maplewood for all required exterior improvements. The owner or contractor shall complete any unfinished exterior improvements by June I if occupancy of the building is in the fall or winter, or within six weeks of occupancy of the building if occupancy is in the spring or summer. g. All work shall follow the approved plans. The director of community development may approve minor changes. Seconded by CouncilmemberKoppen Ayes-All Councilmember Collins moved to table Public Hearing Item #2, to the last public hearing. Seconded by Councilmember Juenemann Ayes-Mayor Cardinal, Councilmembers Collins and Juenemann Nays-Councilmembers Koppen and Wasiluk Alive- minute break was taken. Mayor Cardinal announced Public Hearing Items 3 and 4 were combined into one Public Hearing. 3. 7:15 p.m. Legacy Village of Maplewood, City Project 02-18-Resolution Approving ALTAR and Authorizing Final Distribution 4. 7:20 p.m. County Road D Realignment, City Project 02-07 and 02-08 — Resolution Receiving Comments and Responses on EAW and Finding of No Significant Impact a, City Manager Fursman presented the staff report. b. City Engineer Ahl presented specifics from the report. C. Courtney Bot, with SRF Consulting Group provided further specifics on the Legacy Village AUAR. d. Beth Kunkel, with URS consultants provided ftirther specifics on the County Road D EAW. e. commissioner Trippler presented the Planning Commission Report, f. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: City Council 03-31-03 Agenda Item 110 MEMORANDUM TO: FROM: SUBJECT: APPLICANT LOCATION: DATE: INTRODUCTION Interim City Manager Ken Roberts, Planner Conditional Use Permit Review St. Paul Business Center East 1983, 1997, 2025 Sloan Place November 3, 2006 The conditional use permit (CUP) for St. Paul Business Center East is due for review. The CUP allowed for an 85,000- square -foot commercial office and warehouse planned unit development. BACKGROUND June 11, 1984: The city council approved the CUP for the planned unit development. July 8, 1985: The city council approved a one -year time extension of the CUP. August 25, 1986: The city council approved a five -year CUP renewal. August 12, 1991: The city council approved a five -year CUP renewal. Sept 23, 1996: The city council approved a five -year CUP renewal. Nov 13, 2001: The city council approved a one -year CUP renewal. Dec 23, 2002: The city council approved a one -year CUP renewal. December 2003: The city council approved a one -year CUP renewal. February 28, 2005: The city council reviewed this permit and agreed to review again in six months. DISCUSSION On July 10, 1984, the Community Design Review Board (CDRB) approved the building elevations and landscape plan for the St. Paul Business Center East with several conditions (see attached minutes). During the CUP review in 2004, staff noted that the owner needed to address the following three CDRB conditions: 1) There shall not be any roof - mounted air conditioning units. Since the original construction of the development and without city staff's knowledge, several roof- mounted air conditioning units had been installed. The property managers had agreed to paint all roof - mounted equipment brown to match the building but two still remained unpainted. 2) A 6 -foot tall and 84 percent opaque screen (combination of 501 fence and 50 evergreens) along McMenemy Street and Skillman Avenue. Several sections of the fence had missing boards and were in need of repair. 3) All required plant materials that die shall be replaced by the owner. Six Colorado blue spruce were missing from the site. On February 17, 2005, city staff spoke to Donald Bachmeier of Bachmeier Corporation, commercial property managers for the St. Paul Business Center East. He told staff that he would have all the required repairs completed as soon as the weather permitted, including painting the two air - conditioning units, repairing the fence, and replacing the trees. The Bachmeier Corporation also agreed to send the community development department written notification after completing the repairs. On February 28, 2005, the council again reviewed the CUP for this site. At that meeting, the council agreed to review the CUP again in six months to ensure compliance with city conditions and that all repairs have been made. Staff made this recommendation based on the assurances of Mr. Bachmeier, the property manager. Upon recent inspection of the site, staff found the above - mentioned conditions addressed as follows: 1) The two roof - mounted air conditioning units had been painted. 2) The owner had replaced the missing fence boards and the fence now appears in good shape. 3) The owner replaced the Colorado blue spruce trees that died or that vandals had removed. The owner of the business center also recently repaved the parking lots and repaired the concrete curbing around the parking lots. RECOMMENDATION Review the conditional use permit for the St. Paul Business Center East again in one year (November 2007) to ensure compliance with all city conditions of approval. P:sec 18 \st paul business center e 2006 Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Community Design Review Board Minutes (July 10, 1984) K N COUNTY ROAD B SKILLMANA I I I I MT VERNON AVE U) co 0 DOWNS AVE BEL�10013 AVE I T _ 7 LAURIE RD Attachment 1 ELDRIDGE AVE BELMONT LN SKILLMAN AVE _ � c~n < . ..... . ..... M-F < M (P VERNON AVE TOENJES P ROSELAWN AVE BELLWOOD AVE wern re a in T& St. Paul Business Center - East 1997 - 2029 Sloan Place rn O ELDRIDGE AVE BELMONT LN SKILLMAN AVE _ � c~n < . ..... . ..... M-F < M (P VERNON AVE TOENJES P ROSELAWN AVE BELLWOOD AVE wern re a in T& St. Paul Business Center - East 1997 - 2029 Sloan Place Zoning Map :Iaul Business Center - East /997 - 2029 Sloan Place UY �U) CO I �U) ,UX .. ..... ..... ..... . . ..... ..... ... . 12455 r2 CD L . . ........... L 47 2 C, CI) SkI AVE """"' Attachment 2 212EPi 1 1 1 1 -2129 212ZJ 21 2q,21 21 2i F TOENJES PL U CO 21621 'iO3 . .. .... . ..... ..... nn. rx A V' E" .. ..... .. . . .. ..... . . . . .... ..... ..... C CO 20 ?A 12 95 20dd 20ff ' x(7 87 2078 , i h--j LO LO 207{ 20 71 n CO Cn C7 t"7 . . . ..... ..... . . .. ..... ...... ..... .... ..... ..... ..... ..... 20024 �2 63 1 ; . . ..... ..... ... . 12455 r2 CD L . . ........... L 47 2 C, CI) SkI AVE """"' CO z_J TOENJES PL CO z_J Attachment 3 ;Z �J k igg 91 MINUTES OF THE rMAPLEWOOD COMMUNITY DESIGN REVIEW BOARD 1381 FROST AVENUE, MAPLEWOOD, MINNESOTA TUESDAY, JULY 10, 1984, 7.30 P.M. Chairman Axdahl called the meeting to order at 7 p.m. II. ROLL GALL Donald Mae Present Tom Deans Present Dean Hedlund Resigned Bob Peterson Present Tod Rovie Present George Rossbach Present • d Member Deans moved approval of the minutes of June 28, 1984 F -AW Imo! would Secretary Ekstrand indicated that Gulden's like to be added to the agenda for building and site review for reconstruction of the restaurant. toard Member Rossbach moved approval of the agenda as amended. Board Member Deans seconded Ayes - -all V. UNFINISHED BUSINESS C:1 rJ Mr. Bachmeier said he would be willing to work with the neighb rs and citT staff with reference to the landscaping adjacent to the building. IM - ANERM. IN:031 2010 iFam, X 1. The dock side of building #3 shall have the same exterior treatment as the other three sides of the building. 2. A comprehensive sign plan must be submitted to the board for approval. 3. This review does not include approval of this site plan for parking purposes since it is not in compliance. There shall not be any roof —mounted air conditioning units. 5. The landscape plan shall be revised for staff approval to include: e. Sloped bank south of property line (the north property line to the parking area) shall be sodded not fleece flowers. (Also includes west of the east property line along McMenemy) Q All required plant materials that die shall be replaced by the owenr. 7. The applicant shall provide an irrevocable letter of credit in the amount of 150% of the estimated cost of the landscaping if the landscaping has not been installed by occupancy. 8. Sodded and landscaped areas shwon on plan dated 6-27-84 shall be irregated. Board Member Peterson seconded Ayes--all. i A. HCO Gas Station Lloyd Urban owner of Hoffman Corner Oil was present at the meeting and indicated they propose to move their service station at County Road C and White Bear Avenue to the northwest corner. White Bear Avenue will be widened, therefore, the reason for their move. The existing station will be removed. N Agenda Item 111 TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Venburg Tire — Conditional Use Permit Review APPLICANT: Carol and Pat McFarlane DATE: November 1, 2006 INTRODUCTION The conditional use permit {CUP} for Venburg Tire, located at 3001 Maplewood Drive, is due for its one -year review. The CUP allowed this automotive- repair facility. Refer to the attachments. BACKGROUND July 12, 2004: The city council approved the CUP for Venburg Tire. The council also approved a variance to have less than a 350 -foot setback from residential property, a parking lot setback variance, a lot division and design plans. August 22, 2005: The city council reviewed this CUP and moved to review it again in one year. DISCUSSION Venburg Tire has been open and operating for over one year now. All conditions have been met and site work has been completed. Staff recommends that the city council review this permit again only if a problem arises or if the applicant proposes a change. RECOMMENDATION Review the conditional use permit for Venburg Tire again only if a problem arises or if the applicants propose a change. p :sec4 \Venburg Tire CUP Rev 9 06 Attachments: 1. Location and Zoning Map 2. Venburg Tire Landscaping Plan N Attachment 1 COUNTY ROAD D � COUNTY RD D CIR J O COUNT N ILK Location & Zoning Map llenburg Tire 2 3001 Highway 61 j BEAM AVE Attachment 2 ! I / � Q � I ' i � r �l �' W � r - ' !• � / 1+� 7 -_� %"'�`- � � �•. fir' � � - � r' � I w .\ ra l f i a Z J 0. a U Cn a W w F w Co W 3 Agenda Item 112 MEMORANDUM TO: City Manager FROM: Tom Ekstrand, Senior Planner SUBJECT: Woodlynn Ponds Townhomes — Planned Unit Development Review DATE: October 25, 2006 INTRODUCTION The conditional use permit (CUP) for the Woodlynn Ponds Townhomes planned unit development (PUD) is due for its annual review. The PUD allows this 26 -unit townhome development which has 10 buildings fronting on Chisholm Court, a private roadway and three twin homes that would front on Woodlynn Avenue. Refer to the attachments. BACKGROUND July 14, 2003: The city council approved the preliminary plat, a wetland- encroachment variance /mitigation plan, a PUD and the design plans. September 8, 2003: The city council approved the final plat. July 12, 2004 and November 14, 2005: The city council reviewed this PUD and required review again the next year. DISCUSSION City code requires that the city council review CUPs annually to check on project status. This development is under construction and twelve of 13 buildings are built. The remaining building to be constructed is the easterly twin home on Woodlyn Avenue. Staff has been working with Eric Doty of GM Homes, the most recent and final developer in this PUD. Most of the work has been completed, but staff wants to monitor the project until it is entirely finished. Staff recommends reviewing this PUD again in one year to monitor its completion. RECOMMENDATION Review the conditional use permit for the Woodlynn Ponds Townhomes PUD in one year. p:sec2N\Woodlynn Ponds CUP Rev 10 06 Attachments: 1. Location Map 2. PUD Development Plan 3. City Council Minutes dated July 14, 2003 L Z r 11r4 RAMP COUNTY ROAD D 3M W a w W m & W W �d N - J Q r4k7 Z M W M D G rn WOODLYNN AV c LYDIA AVE r BEAM AVE BEAM AVE Y • - ## " U W • 1�01 w 1� ��.. . r = .. d�w MAPLE LANE CT Location Map Woodlynn Ponds Townhomes 3 N Attachment 1 , tip ' \ M �� Attachment ------------------------------- OUNTY ROAD D L r F � c � . ,' s�M V7 l r z z 0 ILI 3:- M Nor M dc M A-v— W AVENUE - - - - - - - - - - - - - - - - - - - - - - - - - - Attachment 3 WHEREAS, Section 36-438(b) of the city code provides a means to allow flexibility in design by the planned unit development process. WHEREAS, this permit applies to the property at 2090 County Road D East. The legal description is: TRACT A, REGISTERED LAND SURVEY NO. 463, RAMSEY COUNTY, MINNESOTA. WHEREAS, the history of this conditional use permit is as follows: 1. On June 16, 2003, the planning commission recommended that the city council approve this permit. 2. On July 22, 2003, the city council held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The council gave everyone at the hearing a chance to speak and present written statements. The council also considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: All construction shall follow the plans date-stamped May 20, 2003. The city council may approve major changes. The director of community development may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall end. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall provide a noise evaluation for this site to determine if freeway noise would impact their proposed units above the maximum noise levels required by the MnPCA. If freeway noise does exceed these levels, the applicant shall reduce the outside noise within the units. 5. The homeowners association documents shall state that the visitor parking lot shall be kept open for visitor parking and shall not be a storage area for RVs, trailers, campers and the like. 6. The applicant shall post the north-south private roadway for no parking on both sides. 7. The applicant shall make buyers aware, by a statement in the homeowners association documentation hat the city will periodically bum the prairie grass on the abutting Maplewood Open space property. Seconded by Mayor Cardinal Ayes-All Councilmember Koppen moved to adopt the preliminaa plat for the Woodlyp Ponds Twin Homes. The developer shall complete the following before the p city council approves roves the final plat: Sign an agreement with the city that guarantees that the developer or contractor will: a, Complete A grading for overall site drainage, complete all public improvements and meet all city requirements. b. Pay the city for the cost of traffic-control, street identification and no-parking signs. c. Provide all required and necessary easements, including ten-foot drainage and utility easements around the perimeter of the property, the wetland buffer easement and the pedestrian easement along the north of the property. d. Cap and seal any wells on site. e. Have Xcel Energy install street lights. The exact location and type of fight shall be subject to the city engineer's approval. Install permanent signs around the edge of the wetland buffer easement. These signs shall mark the edge of the easements and shall state that there shall be no mowing, vegetation cutting, filling, grading or'durnping beyond this point. City staff shall approve the sign design and location before the contractor installs them. The developer or contractor shall install these signs before the city issues building permits in this plat. g. Install survey monuments along the wetland boundaries. 2. *Have the city engineer approve final construction and engineering plans. These plans sho6l Agenda Item 1 13 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Bryan Nagel, Street Superintendent SUBJECT: Award Contract for 2006 -2007 Winter Sand DATE: October 17, 2006 INTRODUCTION Two quotes were received for the City's 2006 -2007 sand requirements. Both Aggregate Industries and SA- AG Inc submitted quotes of $8.74 per ton, tax and delivery included. There are sufficient funds budgeted in the Snow and Ice fund to cover this expense. Background Considering Aggregate Industries has been the low bid the past several years and that we are currently taking delivery of the remainder of our 2005 -2006 contract from them, it is recommended that the City Council approve the quote from Aggregate Industries for the 2006 -2007 winter sand requirements. The final amount of sand to be purchased is dependent upon the weather during the season. For reference, we purchase about 2,500 to 3,000 tons per winter season each year. It can vary, however, from low purchases of less than 2,000 tons in a mild winter when roadway ice is not a major issue like in 2003 -2004; while in 2004 -2005 the winter was icy and road sand reached over 3,000 tons. RECOMMENDATION Approval is recommended to authorize the Director of Public Works to purchase up to 3,000 tons of winter sand up to a maximum of $26,220.00 for the 2006 — 07 winter season from Aggregate Industries. Agenda Item 114 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Hazelwood Street, Beam to County Rd, D, City Project 03 -39, Resolution for Modification of the Existing Construction Contract, Change Order No. 1 DATE: November 6, 2006 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order No. 1, for Hazelwood Street Improvements, City Project 03 -39. Background During construction there are often many unforeseen changes and conditions that require changes to the original plan. A brief summary of the change order is provided below. Change Order No. 1 ($6,863.72) — Due to changes in the intersection layout at Beam Avenue is was necessary to relocate the loop detectors in the amount of $3,150.00. The contractor met the requirements for a payment incentive of $3,713.72 for bituminous compaction. Budget Impact Approval of this resolution will increase the construction contract by $6,863.72. These expenses fall within the project budget and do not require a budget revision. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order No. 1 for the Hazelwood Street Improvements from Beam Avenue to County Road D, City Project 03 -39. Attachments: 1. Resolution 2. Change Order No. 1 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03 -39, CHANGE ORDER No. 1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03 -39, Hazelwood Avenue Street Improvements from Beam to County Road D, 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 03 -39, Change Order No. 1, as an increase to said contract by an amount of $6,863.72 such that the new contract amount is now and hereby established as $945,821.68. 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 No. 1 as a contract increase in the amount of $6,683.72. The revised contract amount is $945,821.68. CHANGE ORDER DEPARTMENT OF PUBLIC WORKS MAPLEWOOD, MINNESOTA Project Name: Hazelwood Street Improvements Change Order No.: 1 Project No.: 03 -39 Date: November 6, 2006 Contractor: Forest Lake Contracting, Inc. The following changes shall be made in the contract documents: Jffi Description Unit Quantity Price Total Loop detector relocation Lump 1 $3,150.00 $3,150.00 south side -Beam Ave. sum Bituminous pavement Lump 1 $3,713.72 $3,713.72 incentive sum TOTAL $6,863.72 Original Contract: $894,492.60 $894,492.60 Approved Contract per Supplemental Agreement No. 1 $938,957.96 Change This Change Order: $ 6,863.72 Revised Contract: $945,821.68 I • • • -. Mayor Recommended Engineer Agreed to by Contractor by Its Title Exhibit 1: Project Location Hazelwood Street, Beam Avenue to County Road D City Project 03-39 Agenda Item 115 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: County Road D Realignment (West) Improvements (TH 61 to Walter Street), City Project 02 -08: Resolution for Modification of the Existing Construction Contract, Change Order Nos. 26 -28 (T.A. Schifsky Contract) DATE: October 31, 2006 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract, Change Order Nos. 26 -28 (T.A. Schifsky contract). Background In September 2004, the City Council approved the award of a construction contract for this project to Palda & Sons, Inc. The project included construction of utilities and roadway for the entire County Road D West improvement. Unfortunately, the County Road D West project did not begin as anticipated due to problems coordinating the various area improvements. Palda & Sons, Inc. requested an increase in the bid in excess of $300,000 to have the delays extended into 2005. Negotiations with the contractor resulted in the elimination of the street construction portion of the contract. The eliminated roadway construction was then rebid last spring, and a construction contract for the roadway was awarded to T. A. Schifsky & Sons in the amount of $668,162.93, resulting in a $40,000 cost savings to the city. During construction there are often many unforeseen changes and conditions that require changes to the original plan. A brief summary of each change order is provided below. Change Order No. 26 - $18,104.39. Additional excavation, regrading and preparation of the boulevards were required for the placement of a bituminous trail along County Road D. This work was a result of Xcel Energy trenching their lines in the boulevard to service Heritage IV. This work is eligible for state aid. Change Order No. 27 - $2,527.38. A storm sewer structure was required to be raised 4 feet due to elevation changes made to Highway 61 and County Road D. Change Order No. 28 - $4,101.36. Extensive work was done to the Lametry pond as a result of erosion and sedimentation that had occurred. The contractor was directed to cover the Lametry pond with topsoil as the existing soils did not provide a healthy base for plant growth. This work is eligible for state aid. Budget Impact Approval of this resolution will increase the construction contract by $24,733.16 from $974,422.25 to $999,155.38. Change Orders 26 through 28 will require approval of a revised budget to increase the funding from Mn /Dot by $22,207.00. Agenda Item 115 Approved Financing Sources Mn /Dot EUF Troutland Ramsey County Vadnais Heights SPRWS Developer Interest on Investments 2006 Bonding Special Assessments Bond Sales $ 510,303.00 $ 18,000.00 $ 10,000.00 $ 690,582.00 $ 304,908.00 $ 33,378.00 $ 45,000.00 $ 468,544.00 $ 1,077,964.00 $ 521,821.00 TOTAL $ 3,680,500.00 RECOMMENDATION Proposed Financing Sources Mn /Dot EUF Troutland Ramsey County Vadnais Heights SPRWS Developer Interest on Investments 2006 Bonding Special Assessments Bond Sales $ 532,510.00 $ 18,000.00 $ 10,000.00 $ 690, 582.00 $ 304,908.00 $ 33, 378.00 $ 45,000.00 $ 468,544.00 $ 1,077,964.00 $ 521,821.00 TOTAL $ 3,702,707.00 It is recommended that the city council approve the attached resolution directing the modification of the existing construction contract, Change Order Nos. 26 and 28 (T.A. Schifsky Contract), for the County Road D West Improvements (TH 61 to Walter Street), City Project 02 -08. Attachments: 1. Resolution 2. Change Order No. 26 -28 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 02 -08, CHANGE ORDER Nos. 26 -28 (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 No. 26 -28, (T.A. Schifsky Contract), as an increase to said contract by an amount of $24,733.16 such that the new contract amount is now and hereby established as $999,155.38. 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 No. 26 -28 as a contract increase in the amount of $24,733.16. The revised contract amount is $999,155.38 and, The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. A project budget of $3,702,707.00 shall be established. The proposed financing plan is as follows: Proposed Financing Sources Mn /Dot $ 532,510.00 EUF $ 18,000.00 Troutland $ 10,000.00 Ramsey County $ 690,582.00 Vadnais Heights $ 304,908.00 SPRWS $ 33,378.00 Developer $ 45,000.00 Interest on Investments $ - 2006 Bonding $ 468,544.00 Special Assessments $ 1,077,964.00 Bond Sales $ 521,821.00 TOTAL $ 3,702,707.00 CAty Copy CHANGE ORDER NO, 26 Contractor Copy DEPARTMENT OF PUBLIC WORKS -' 5 9L-A- 1 k copy CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62-619-026 / 138-020-30 Project No. City Project 02-08 Date: 9/22/06 Contractor: T.A. Schifsky & Sons, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: In 2005, continuing construction activity, both public and private, surrounded the County Road D construction work west of T.H. 61. To improve the quality of the finished project, the City of Maplewood determined it prudent to wait until 2006 to pave the bituminous trail and the roadway wear course. In the fall of 2005, boulevards and trail areas were backfilled and seeded with a temporary mix. In 2006, it was necessary to excavate, regrade and prepare the boulevards for bituminous trail placement. T.A. Schifsky's subcontractor, Larson Contracting performed this extra work in accordance with Mn/DOT Specification (1904) Extra and Force Account Work as specified by the contract documents. A prime contractor mark-up of ten percent is included in this change order. The value of this change order is $18,104.39. Contract Status Cost Original Contract: 668,162.93 Net Change of Prior Approved Change Order No.: 1-25 306,259.32 Approved Revised Contract: $ 974,422.25 Change this Change Order: $ 18,104.39 Possible Revised Contract: $ 992,526.64 Approval Mayor Approval Agreed to Engineer Its i A3 Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #26, Page 1 of 3 CHANGE ORDER NO. 26 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name. County Road D Improvements S.A.P. 62-619-026 / S.A.P. 138-020-30 Project No.: 02-08 Contractor: T.A. Schitsky & Sons, Inc. Amount of Change Order No. 26 Date: 9/22/06 $ 18,104.39 STATE AID PARTICIPATION SUMMARY Earthwork for the bituminous trail included in this project is eligible to participate in state aid funding as follows (based on project pro rata): Category County Road D Roadway S.A.P. Differentiation 100% S.A.P. 62-619-026 Fraction Amount 1.00 $18,104.39 Amount of Change Order No. 26 Eligible for State Aid Participating Funds $ 18,104.39 C.O. #26, Page 2 of 3 0) c ro c 0 ca 0 E Z O LL () 0 o W Z w LLJ 0 z w T 0 LLI 0 CL 0 0— I vi E 8 Im "o 03 fK c U m w w 00 0�: Tf EL EL 0 0 Z O 0 ( 0 9 CO �2 C', o C7 0 LL IN 0 '2 � 0 o d E � Z w M a c X 4 0 U- [a Z) O L c E C: W 0 zI o E O ;> o V C) N q' f o � 'T t : q o o 0,r o 0 w CID 0 (1) 0 m In LD (D 't U) U) a) co In V " 04 C14 co 0 n N v co 0 r- h c0 47) co m In (0 In cc co M -o m L2 c2 c2 ( D 0 1 In (O t f ) 'T I ' q m r' r - "T IT ;� N 0 If) CA cl co in L6 'T In U) IN In I,) In ;� In IN P In N V lc� (q 00 < 6e In U) 69 0 le 64 69 w 0 GG 69 0 (9 0 6 69 64 H3 69 69 69 69 m 0 �2 �2 �2 �2 ('� 0 IT �2 �2� �2 ( c '� ) O� �2 r 2 �2 In � P �2 _I w m 0 � —l' � ( m a) It In f- V It r- It r- N m In In IT 'r h r- IT t- IN m In In q ;T 7 m It) If) Ir 1- r- lr t- IN 0) It) In 'r If f- P- 0 In �N � 64 00 (0 0 (1) In CCDI 10? 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ID 7e 10 w (0 00 IN Qo 00 IN In In 1- 04 IN IN N 0 06 (N In 0 T 0 co 47 w a) cr: ui O CL so (j) "l Fi5 � 0 a) 0 0) w 0 zoz 0 j poz 0 " fFFOXo N::�Oooz::�O- C ! E �'! -J -i 6 () < a) a) U N 2 �!� 2 w �-,! U) (0 �- �-,! m U (0 (o < F 00 r r Ln e 3: co "o > N a) > 0 1 , > W -J 0 o 0 Z o o m Z. 0 0 M- 0 2 , (D 0 0 L a o 0 . 1.) , 0 , 0 2 Lij < < (u E 5 T f2 2 I_ w � FL 0 Iq a, N () IS m m 0 1 11 0 n N 0 -0 N 0 0 (U LL 0 z -Fu c -, - I M , I co co -1 0 in — LU > -j 0 of 0 - - - - - - - — — — — — — — — 0 < co w 0 w < 0 to LL m co Fh [a Z) O L c E C: W 0 zI o E O ;> o URS Copy city '� CHANGE ORDER NO. 27 C L' opy ontractor Copy DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62-619-026 / 138-020-30 Project No. City Project 02-08 Date: 9/26/06 Contractor: T.A. Schifsky & Sons, Inc, In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: The City of Maplewood directed T.A. Schifsky, Inc, to reconstruct a storm sewer structure that was outside their project limits. Between installation of the storm sewer system under a previous City of Maplewood contract, and the completion of County Road D and T.H. 61, final grading elevations at the structure location changed four feet. Reconstruction was necessary because the structure depth caused maintenance issues for the City of Maplewood and adjusting rings cannot be used to raise a manhole four feet. T.A. Schifsky performed this extra work in accordance with Mn/DOT Specification (1 904) Extra and Force Account Work as specified by the contract documents. This change order is not eligible for a prime contractor mark-up. The value of this change order is $2,527.38. Contract Status Cost Original Contract: $ 668,162.93 Net Change of Prior Approved Change Order No.: 1-25 $ 306,259.32 Approved Revised Contract: $ 974,422.25 Net Change of Prior Pending Change Order No.: 26 $ 18,104.39 Change this Change Order: $ 2,527.38 Possible Revised Contract: $ 995,054.02 Approval Approval Agreed to b Conti D By Its Engineer Title Approval 100% Local FundinSy Assistant State Aid Engineer (For Funding Approval Only) Mayor C.O. #27, Page I of 2 z 0 0 z 9 LL 0 0. uj O 0 V) ui Z z 2 0 CL Z 0 I C) < w a� w ED i t z Z CD 0 z 0 U L)i co m 3 . m :I V; 0 C) w LL, 00 a ct a- LL O O C. M < C4 C ? E 0 C 0 Z A- 0 C) uj U- W. c: c 6 E 0 E 0 V. E I L C: 0 > AD C) < o Z (t) z Lo 0 CN 01 il3 0 0 h. C, L*) ID < 03 < W a a z Z z < o 0 0 0 w 0 w W a o , z 0 LL 0 0 "2 E 0 2 0 Lu 6 W W Z 0 LL U - U) 0 d o<- a. 0 0 G _ z lu) Cf 0 o a- w 0 ¢r N I C? 9 ca 01 M IT Ci z 1 000 CO LO 0 m 0 (o w 'C' CN U) 0 Lu 0 C) CD 0 C) p . CD 01 < 4D 0 N Ln ea s3 sx 00 0 Z W -C C) F 0 0 0 < z 0 O - 0 w 0 0 a) 7;� LU 2 Z 0 0 N 1 < mm (6 0 0 w 0 w IL 2 2 _j IL ei < U) j 0 w b 0 10 " I C- 6 co Q- 2 �! '04, C� z 0 7 r 0 q m It D " a � - : � 'D I- CA 0) r- a) (0 ID 0 co (N Lo � 4e U) 69 0) 1-9 69 69 69 69 6 69 (A w LO w 9 y Lo h C , (D N CN (N tl- a, �jl (0 U) 9 C) 0 Ll ? 9 L Q 0 W F- w z O T < Q a a LLJ 0 0 a O CD ;3 0" w X 1- F- E LL 0 w z -j 0 LLJ > w < co 0 TT 0 LU W 0 0 o w 0 to 50 LL m m A t I L w a- 0) L W. c: c 6 E 0 E 0 V. E I L C: 0 > AD C) < o Z (t) J ! _'Opj RS aty Copy CHANGE ORDER NO, 28 Contractor Copy DEPARTMENT OF PUBLIC WORKS 12 .44 Copy CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road 1) Improvements S.A.P. 62-619-026 / 138-020-30 Project No. City Project 02-08 Date: 9/26/06 Contractor: T.A. Schifsky & Sons, Inc. In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the Work as altered by the following provisions: Very late in the 2005 construction season, T.A. Schifsky's subcontractor, Larson Contracting, performed extensive excavation work at LaMettry Pond. Sediment was removed, the pond was graded and shaped to design contours and an earth weir was rebuilt. Excavation work concluded in December 2005. Final grading and turf restoration could not be completed until late spring 2006 when the saturated ground could support equipment. After finish grading, Larson was directed to cover the site with topsoil because the existing soils did not provide a healthy base for plant growth. Larson Contracting performed this extra work in accordance with Mn/DOT Specification (1904) Extra and Force Account Work as specified by the contract documents. A prime contractor mark-up of ten percent is allowed and included in this change order. The value of this change order is $4,101.36. Contract Status Cost Original Contract: $ 668,162.93 Net Change of Prior Approved Change Order No.: 1-25 $ 306,259.32 Approved Revised Contract: $ 974,422.25 Net Change of Prior Pending Change Order No.: 26 & 27 $ 20,631.77 Change this Change Order: $ 4,101.36 Possible Revised Contract: $ 999,155.38 Approval Mayor Approval Engineer Agreed to by Contractor _ By Its Title Approval Assistant State Aid Engineer (For Funding Approval Only) C.O. #28, Page I of 3 CHANGE ORDER NO. 28 DEPARTMENT OF PUBLIC WORKS CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA Project Name: County Road D Improvements S.A.P. 62-619-026 / S.A.P. 138-020-30 Project No.: 02-08 Contractor: T.A. Schitsky & Sons, Inc. Date: 9/26/06 Amount of Change Order No. 28 $ 4,104.36 STATE AID PARTICIPATION SUMMARY Pond grading is eligible to participate in state aid funding as follows (based on project pro rata): Category S.A.P. Differentiation Fraction Amount County Road D Storm Sewer 75% S.A.P. 62-619-026 0,75 $ 3,076.02 County Road D Storm Sewer 25% S.A.P. 138-020-30 0.25 $ 1,025.34 Amount of Change Order No. 28 Eligible for State Aid Participating Funds $ 4,101-36 C.O. #28, Page 2 of 3 Z 0 01-- a. z 0 U- w 0 0 W IL 4 0 U) lL W 0 Z LL 0 W F 0 ttJ o LL ' o F- C) LJ < w Of t z T 0 z U) 0 w 0 - 0 — a 0 u 0 m C) w 1 5 LU � 7E 00 a� LY 0- LL O 0 Z Uri C) O CD C) N a DiO LL O0 " Z W 03 a_ < o (o LL 6 0 C T 0 (1) c 0 LU — n- CC) ❑) L6 < > g C: CL oz 6 < z co - 0) 0 2 In N NO U) (a to tt7 (A �2 �2 (D m (- i 61 s*a LU it z z 2 > E o Q O W E E C> "o C: a) W CJ N CO w 0 0 cu a) c c C) a. U. F. z w z < a) 0 z O E r2 z 9: b z IL 0 -j o C: Z 9 Cf -j U 0- (70 LU U Ni 4 ? c q m m C) co cc lc� v3 tfi to W w w 69 w 0 ix w U 9 09 z 0 -A I- z w 0 0 LL o u 6 0 U, M 0 z z Q 0 (6 0 u LLJ z IL 0 0 2 ct i 0 F 0 6 Z (0 , � U zi 2 C < 0 C/) D A < G- > z U) 2 rl� M C? m z D Q (0 00 Ef3 64 EA V3 to EH EA 69 EA 64 dj m < M M N (0 w CO _j 0 z C) 0 00 0 w 0 (D < O < C4 o N o N w 0 ff7 W m < 0. 4t wit X < qj w w O t7 w -j 0 z W (2- 0 ¢ < CO 0 0 w w 0 (, z 0 m U- 0 I I Z) :D -j x I I IAI m -IL I U) a, C ti-I 6 0 C T 0 (1) c 0 LU — n- CC) ❑) L6 < > g C: CL oz 6 < z COUNTY ROAD REAUGNMENT SEGMENT 2 Wff'7"5" n-rAff ?AF,�: P� moo OL iL F, I- MAP= NOR7" SA�kjT PAL; Citpr ofMaplewwd COUNTY ROAD D DEPA Al WEN T OF P M W WOR" REALIGNMENT E ff, 011 W. ZRHO DI MON IMPROVEMENTS 1834 EaHt County Rocd B Moplewood, Minnesota 55109 CP 02-08 (e5l) 770-4550 FAX 1651) 7 PROJECT LOCATION MAP wNwilm.lim Agenda Item 116 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Steve Kummer, Civil Engineer 11 SUBJECT: Hill Murray Athletic Facility Addition, City Project 06 -13, Approve Storm Water Maintenance Agreement DATE: October 31, 2006 INTRODUCTION The Hill Murray Athletic Facility Addition has been approved by the City Council. Conditions of approval required the installation of a filtration basin and storm water protection devices. Approval of the Storm Water Maintenance Agreement detailing the annual maintenance of these facilities is recommended. BACKGROUND A filtration basin and storm sewer sump structures were required as part of Hill Murray's Athletic Facility Addition to treat runoff from the added impervious area. It will be the responsibility of Hill Murray to maintain and clean the basin and sump structures annually. To ensure this is completed, a Storm Water Maintenance Agreement is necessary. The agreement is attached. RECOMMENDATION It is recommended that council approve the Storm Water Maintenance Agreement between The Hill Murray Foundation, Inc. and the City of Maplewood. Attachment: 1. Storm Water Maintenance Agreement 2. Exhibits MAINTENANCE AGREEMENT THIS AGREEMENT, made and entered into this day of 1 2006, by and between the City of Maplewood, a municipality under the laws of the State of Minnesota (hereinafter called "City "), and the Hill Murray Foundation, a Minnesota non- profit corporation, (hereinafter called "Landowner ") Witnesses: Purpose The City has determined that it is consistent with the City's plans, regulations, purposes and goals to provide a water quality protection system for the property described herein as follows and as shown on Exhibit A attached hereto: Parcel A, The Hill Murray Foundation Property It is understood that the Landowner shall be responsible for installing one (1) storm water filtration basin and one (1) sump catch basin as shown on Exhibit B attached hereto, and the owners from time to time of the Property (the "Owners ") shall be responsible for the cost associated with maintaining the storm water filtration basin and sump catch basin. It is further understood that the Owners shall also be responsible for the regular cleaning and maintenance of the infiltration basin and sump catch basin to insure full working capacity of each treatment measure. It is understood between the parties that the City shall not be responsible for the initial cost of installing the infiltration basin and sump catch basin nor any of the ongoing maintenance costs. This shall be the sole responsibility of the Landowner and Owners. 1. Responsibilities of the Parties. a) The Landowner shall be responsible for any costs related to the installation of the storm water filtration basin and sump catch basin. b) The Owners shall be responsible for annual cleaning, maintenance and landscaping of the storm water filtration basin and sump catch basin. c) The Owner shall provide to the City an annual inspection report of the maintenance work. The City and/or the Ramsey - Washington Metro Watershed District ( "Watershed District ") may, from time to time inspect the site to determine whether or not the storm water filtration basin and sump catch basin are being maintained and operating properly. 3. Right of Access. The Landowner hereby grants to the City and the Watershed District the right to enter onto the property to inspect and monitor the infiltration basin and sump catch basin. In the event the City or Watershed requires repairs or maintenance to the storm water filtration basin or sump catch basin, the Owner shall have thirty (30) days in which to make said repairs. If the Owner fails to make said repairs within thirty (30) days after receiving said notice from the City, they shall grant the City the right to enter on the property to make any repairs and maintenance necessary to make the system work to its full capacity. The Owner shall be responsible to the City for any and all fees and costs associated with said maintenance and repairs. 4. Warranty of Ownership. Landowner hereby warrants and represents to the City, as inducement to the City to enter into this Agreement, that Landowner's interest in the property is as fee owner. Landowner warrants that he /she has the right and authority to enter into said Agreement. 5. Binding Effect. The terms and provisions of this Agreement shall be binding on all heirs, representatives, successors and assigns of the parties hereto and shall be binding on all owners from time to time of all or any part of the Property and shall be deemed covenants running with the land. References herein to Owners, if there be more than one, shall mean all of them. This Agreement, at the option of the City, shall be placed of record so as to give notice thereof to subsequent purchasers and encumbrancers of all or any part of the Property. Landowner hereby consents to the recording of this Agreement with the Ramsey County Recorder. 6. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1902 County Road B East Maplewood, MN 55109 As to the Landowner: The Hill- Murray Foundation Joseph Peschges, President 2625 Larpenteur Avenue East. Maplewood, MN 55109 IN WITNESS WHEREOF, the City and Landowner have caused this Agreement to be duly executed on the day and year first above written. 1 �a The Hill- Murray Foundation, Inc. BY BY TITLE STATE OF MINNESOTA COUNTY OF RAMSEY TITLE The foregoing instrument was acknowledged before me this day of , 2006 by the of The Hill- Murray Foundation, Inc., the Landowner. Notary Public CITY OF MAPLEWOOD Diana Longrie, Mayor Gregory Copeland, City Manager STATE OF MINNESOTA COUNTY OF RAMSEY The foregoing instrument was acknowledged before me this day of , 2006 by Gregory Copeland, City Manager and Diana Longrie, Mayor of the City of Maplewood, a Minnesota municipal corporation. Notary Public ci ar L � Vt 8 n : , -i VV Cd o r l CZ3 2 O f2 Rf r7l ---------- y'r Ij FP ........... ................ 47 "J Ov f A-1 JA 1 7 i I CU Ev IIII Tr I F H7 !T 11-1 �-`� x` �l f�� r �' Y ,�< � � � r -� � t� ., _ 7 17 o "2 20 E a cX V1, Exhibit B Site Plan with Pond Location e4ils mwrm& C 6.1 Pis &cwr*M is on ksturW of mYce wW is ffm KoW�f of I &*mm awl may not be used or caqW vftxxA prior wrrdm mom*- PRWMr VLE 9930 Brooklyn Boulevard Minneapolis, MN 55429-2518 9/21/06 HILL MURRAY SCHOOL BKBM�p Phone: (7W) -0420 pp Np, ENGINEERS Fax: (763) 843-0421 06340.00 ATHLETICS FACILITY IMPROVEMENTS www.bkbm.com SfEr K Exhibit B Pond Area Close-up 7 t z. < FES U v 02 FILTRATION , S Coll \C 93 BASIN rga Aoz V— P'g 1 2 rp 7 A S vo" t' T� -5 _M_H ( 02'� 1 / f/ 30' 15' 30' 60' 1 ; n. G A 4�/� S 1 30 1 CAT i" �V �A_ PROJECT TITLE HILL MURRAY SCHOOL 5930 Brooklyn Boulevard Minneapolis, MN 55429-2518 BKBA" DATE 9/21106 PROJECT NO. 06340.00 ATHLETICS FACILITY IMPROVEMENTS Phone: (763) 843-0420 ENGINEERS Fax: (763) 843-0421 SHEET NO. www.bkbm-com C 2OW06 BlBiri Engineers, Inc. All rights reserved. C 6.0 SHEET MLE STORM WATER INFILTRATION POND This document is an instrunwd of service and is the pipe BKSM Engineers, and may not be used or copied without prior written consent Agenda Item 117 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Steve Kummer, Civil Engineer II SUBJECT: Desoto- Skillman Area Street Improvements, Feasibility Study City Project 06 -16 Authorization for Award of Contract for Soil Borings and Geotechnical Evaluation Services DATE: October 30 2006 INTRODUCTION Three quotes were received for soil borings and geotechnical evaluation services to be completed for the Desoto- Skillman Area Street Improvements for 2007. Each proposal provided a similar scope of geotechnical services essential for project planning and establishing scope of street work. The following companies submitted proposals with their proposed total cost of services: Company Proposal Braun - Intertec, Inc $10,445.00 American Engineering and Testing, Inc. $19,000.00 Stork Twin City Testing Corp. $14,300.00 The soil boring and geotechnical investigation services will be covered under the current fund set up for the Desoto- Skillman Area Streets Feasibility Study established under City Project Number 06 -16. RECOMMENDATION Braun - Intertec came in with the lowest bid of $10,445.00. Braun - Intertec has done reputable business with Maplewood on past City capital improvement projects and we believe that they will continue to do so. It is recommended that the Council authorize a contract with Braun Intertec for soil borings and a geotechnical evaluation for the Desoto - Skillman Area Street Improvement Feasibility Study in the amount of $10,445.00. Attachments: 1. Proposal from Braun Intertec 2. Proposal from American Engineering and Testing 3. Proposal From Stork Twin City Testing 10/30/2006 09:59 FAX 651 487 1812 BRALIN IN 0001/007 BRAUN E ERTEC Fax Transmittal Fax Number: Re: Date: 10-10-04 Number of Pages: including cover -54-e-ve- - cof Fez Als., d n0- ;-, Pb - L Please advise of yoga have received this communication in error. Brain Intertee Corporation 1826 Buerkle Road Saint Paul, MN 55110 Phone: 651.487.3245 Fax: 651.487.1812 Providing engineering and environmental solutions since 2 957 10/30/2006 10:00 FAI 651 487 1812 BRAUN INTERTEC 0002/007 Brave tmeftc cordoration 1826 Dmfke Road Soirtf POLO, MIN 55110 Phone: 651.487.3245 Fox. 651.497_1B12 Web: bfmnintedec-com IWMTI - t .'!!s Mr. Steven Kummer City of Maplewood 1830 East County Road B Maplewood, MN 55 109 Re: Proposal for Soil Borings and Geotechnical Evaluation Services Desoto — Skillman Area Streets, City Project 06-16 Maplewood, Minnesota Dear Mr. Kummer: We have prepared this proposal for providing soil borings and geotechnical evaluation services for the above referenced project. Project This is a neighborhood street reconstruction project that involves full-depth removal and reclamation of the existing pavements, possibly adjusting subgrade elevations in certain areas, and placing the reclaimed aggregate base along with additional aggregate base and two lifts of bituminous. The streets locations and widths will remain relatively unchanged. Drainage will be managed primarily with storm sewer with outlets to rainwater gardens and/or ponds. For this project, we propose the following scope of services, Our scope was generated based on your request for proposal (RFP) letter dated October 19, 2006. Proposed Scope of Services Stake Borings and Clear Utilities Prior to drilling, we will contact Gopher State One-Call t n otify utility companies of our work, and meet with them on-site to identify our work area and allow them to locate site utilities. This will help keep us from potentially intercepting and damaging existing underground utilities. We will stake/mark the boring locations in the field. We have assumed that your surveyors will measure and provide the ground surface elevations at th6 boring locations, or that they can be interpolated from a survey plan. Traffic Control Borings will be taken in low-volume, low speed streets, and we anticipate that traffic control can be handled with street warning signs without the need for flagpersons. Drilling We propose to drill 55 soil borings for this project at the locations shown on the attached sketch that you provided. The borings will be extended to depths ranging from 8 to 20 feet in accordance with your RFP, and will be performed according to ASTM Test Method D 1586 procedures so that penetration tests can be performed, and relatively undisturbed samples can be obtained and classified by a gootechnical engineer. FToviding engineering and environmental solutions since 1957 Laboratory Testing To assist in classifying the soils and estimating their R-values, we propose to perform 10 sieve analysis tests (percent passing #200 sieve only) on collected soil samples. We also have budgeted for 20 soil moisture content tests to assist in evaluating subgrade moistures and how they may impact construction. Engineering Analysis and Reporting Upon completion of the borings, we will prepare a geotechnical evaluation report containing a boring location sketch; logs of the borings; a summary of the soil and groundwater data; estimations of soil R- values, a discussion concerning the need for soil corrections below streets and/or utility pipes; and recommendations for street construction and the design of pavements. Estimated Cost We will provide the services described above for an estimated cost of $10,445. A breakdown of our associated costs is provided in the attached cost estimate sheet. Schedule Pending authorization, our current schedule will allow us to begin drilling within about I Y2 weeks. Verbal results and/or preliminary logs will be available about three to four days after the fieldwork has been completed; and a formal report will be issued within approximately two weeks thereafter. 1:1717MM We appreciate the opportunity to present this proposal. To authorize our work, sign one of the two copies of this document and return mail or fax the entire document to us at 651.487.1812. If you have questions about this proposal, call Phil Peterson at 651.4873020. Sincerely, Attachments: Sketch Cost Estimate General Conditions (6/15/06) 10/30/2006 10 :00 FAX 651 437 1812 BRAUN INTERTEC 004/007 October 30, 2006 Page 3 Authorization to Proceed: Re: Proposal for Soil Borings and Geotechnical Evaluation Services Desoto — Skillman Area Streets, City Project 06 -16 Maplewood, Minnesota Braun Intertec appreciates the opportunity to present this proposal to you. If acceptable after your review, please sign one copy and return snail, email or fax the entire document, including the General Conditions, which are part of this proposal, to us as authorization to proceed. We will begin the project in accordance with our schedule, upon receipt of your authorization. The estimated fee of $10,445 presented is based on the scope of services described in this proposal and the assumption that the proposal will be authorized within 30 days and the project will be completed within the proposed schedule. If the project is not authorized within 30 days, we may need to modify the proposal. If the project cannot be completed within the proposed schedule due to circumstances beyond our control, revising the proposal may be required for completion of the remaining tasks. Payment for services is due upon receipt of invoice, with interest added to unpaid balances after 30 days. Authorization to Proceed: Please proceed according to the described scope of services and General Conditions. Authorizer's Firm Authorizer's Signature Authorizer Name (please print or type) Authorizer's Title Date SP0605494 10/30/2006 10:00 FAX 651 487 1812 BRAUN INTERTEC Drilling Services 7,100.00 Soil Observations & Testing 680-00 Staking and Utility Clearance 750.00 Traffic Control 175.00 Engineering Consulting Services 1,740.00 Estimated Project Total: 10,445.00 Estimated Costs Summary Page a Providing engineering and environmental solutions since 1957 Braun Intertec Corporation Client. City ofMaplevvood project. Desoto-Skillman Area Streets, Maplewood, MN 10/30/2006 10:01 FAX 651 497 1912 BRAUN INTERTEC Z 0061007 Our agreement C'Agreement ") with you consists of these General Conditions and the accompanying written proposal or authorization. Section 1: Our Responsibilities 1.1 We will provide the services specifically described in our Agreement with you. You agree that we are not responsible for services that are not fairly included in our spec undertaking. Unless otherwise agreed in writing, our findings, opinions, and recommendations will be provided to you in writing. You agree not to rely on oral findings, opinions, or recommendations without our written approval. 1.2 In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar circumstances by reputable members of our profession practicing in the same locality. If you direct us to deviate from our recommended procedures, you agree to hold us harmless from claims, damages, and expenses arising out of your direction. 1.3 We will reference our field observations and sampling to available reference points, but we will not survey, set, or check the accuracy of those points unless we accept that duty in writing. Locations of field observations or sampling described in our report or shown on our sketches are based on information provided by others or estimates made by our personnel. You agree that such dimensions, depths, or elevations are approximations unless specifically stated otherwise in the report. You accept the inherent risk that samples or observations may not be representative of things not sampled or seen and, further, that site conditions may change over time. 1.4 Our duties do not include supervising your contractors or commenting on, overseeing, or providing the means and methods of their work, unless we accept such duties in writing. We will not be responsible for the failure of your contractors to perform in accordance with their undertakings, and the providing of our services will not relieve others of their responsibilities to you or to others. 1.5 We will provide a health and safety program for our employees, but we will not be responsible for contractor, job, or site health or safety unless we accept that duty in writing. 1.6 You will provide, at no cost to us, appropriate site safety measures as to work, areas to be observed or inspected by us. Our employees are authorized by you to refuse to work under conditions that may be unsafe. 1.7 Estimates of our fees or other project costs will be based on information available to us and on our experience and knowledge. Such estimates are an exercise of our professional, judgment and are not guaranteed or warranted. Actual costs may vary. You should allow a contingency in addition to estimated costs. Section 2: Your Responsibilities 211 You will provide us with prior geotechnical and other reports, specifications, plans, and information to which you have access about the site. You agree to provide us with all plans, changes in plans, and new information as to site conditions until we have completed our work. 2.2 You will provide access to the site. In the course of our work some site damage is normal even when due can is exercised. We will use reasonable care to minimize damage to the site. We have not included the cost of restoration of normal damage in the estimated charges. 2.3 You agree to provide us, in a timely manner, with information that you have regarding buried objects at the site. We will not be responsible for locating buried objects at the site unless we accept that duty in writing. You agree to hold us harmless from claims, damages, losses, and related expenses involving buried objects of which you had knowledge but did not timely call to our attention or correctly show on the plans you or others on your behalf famished to us. 2.4 You will notify us of any knowledge or suspicion of the presence of hazardous or dangerous materials in a sample provided to us. You agree to provide us with information in your possession or control relating to contaminati on at the work site. if we observe or suspect the presence of contaminants not anticipated in. our Agreement, we may terminate our work without liability to you or to others, and we will be paid for the services we have provided. 2.5 Neither this Agreement nor the providing of services will operate to make us an owner, operator, generator, transporter, treater, starer, or a disposal facility within the meaning of the Resource Conservation Recovery Act, as amended, or within the meaning ofany other law governing the handling, treatment, storage, or disposal of hazardous materials. You agree to hold us harmless and indemnify us from any such claim or loss. 16 Monitoring wells are your property, and you are responsible for their permitting, maintenance, and abandonment unless we accept that duty in writing. 2.7 You agree to make disclosures required by law. In the event you do not own the site, you acknowledge that it is your duty to inform the owner ofthe discovery or release of contaminants at the site_ You agree to hold us harmless and indemnify us from claims related to disclosures made by us that are required by law and from claims related to the informing or failure to inform the site owner of the discovery of contaminants. Section 3: Reports and Records 3,1 We will furnish reports to you in duplicate. We will retain analytical data for seven years and financial data for three years. 3.2 Our reports, notes, calculations, and other documents and our computer software and data are instruments of our service to you, and they remain our property but are subject to a license to you for your use in the related project for the purposes disclosed to us. You may not transfer our reports to others or use them for a purpose for which they were not prepared without our written approval, which will not be unreasonably withheld. You agree to indemnify and hold us harmless from claims, damages, losses, anal expenses, including attorney fees, arising out of such a transfer or use. At your request, we will provide endorsements of our reports or letters of reliance, but only if the recipients agree to be bound by the terns of our agreement with you and only if we are paid the administrative fee stated in our then current Schedule of Charges. 3.3 Because electronic documents may be modified intentionally or inadvertently, you agree that we will not be liable for damages resulting from change in an electronic document occurring after we transmit it to you. In case of any difference or ambiguity between an electronic and a paper document, the paper document shall govern. 3.4 If you do not pay for our services in full as agreed, we may retain work not yet delivered to you and you agree to return to us all of our work that is in your possession or under your control, You agree not to use or rely upon our work for any purpose whatsoever until it is paid for in full. Page 1 of 2 Providing engineering and environmental solutions since 1957 10/3012006 10.01 FAX 651 487 1512 BRAUN INTERTFC 3.5 Samples remaining after tests are conducted and field and laboratory equipment that cannot be adequately cleansed of contaminants are and continue to be your Property. They will be discarded or returned to you, at our discretion, unless within 15 days of the report date you give us written direction to store or transfer the materials at your expense. Section 4: Compensation 4.1 You will pay for services as agreed upon or according to our then current Schedule of Charges if there is no other written agreement as to price. An estimated cost is not a firm figure. You agree to pay all sales taxes and other taxes based on your payment of our compensation. Our performance is subject to credit approval and payment of any specified retainer. 4.2 You will notify us of billing disputes within 15 days. You will pay undisputed portions of invoices on receipt. You agree to pay interest on unpaid balances beginning 30 days after invoice dates at the rate of 1.5 per month, or at the maximum rate allowed by law. 43 If you direct us to invoice another, we will do so, but you agree to be responsible for our compensation unless you provide us with that person's written acceptance of all terms of our Agreement and we agree to extend credit to that person mid to release you. 4.4 You agree to compensate us in accordance with our fee schedule if we are asked or required to respond to legal process arising out of a proceeding related to the project and as to which we are not a party. 4.5 If we are delayed by factors beyond our control, or if project conditions or the scope or amount of work change, or if changed labor union conditions result in increased costs, decreased efficiency, or delays, or if the standards or methods change, we will give you timely notice and we will receive an equitable adjustment of our compensation. If you and we do not reach agreement on such compensation within 30 days of our written application, we may terminate without liability to you or others. 4.6 If you fail to pay us within 60 days following invoice date, we may consider the default a total breach of our Agreement and, at our option, terminate our duties without liability to you or to others. 4.7 In consideration of our providing insurance to cover claims made by you, you hereby waive any right of offset as to fees otherwise due us. U. IA M aav ; #C t. R . f 5.1 Each of us will exercise good faith efforts to resolve disputes without litigation. Such efforts will include, but not be limited to, a meeting(s) attended by each party's representative(s) empowered to resolve the dispute. Before either of us cominenocs an action against the other, disputes (except collections) will be submitted to mediation. 5.2 Neither of us will be liable for special, incidental, consequential, or punitive damages, including but not limited to those arising from delay, loss of use, loss of profits or revenue, loss of financing commitments or fees, or the cost of capital. 5.3 We will not be liable for damages unless suit is commenced within two years of the date of injury or loss or within two years of the date of the completion of our services, whichever is earlier. We will not be liable unless you have notified us of the discovery of the claimed breach of contract, negligent act, or omission within 30 days of the date of discovery and unless you have given us an opportunity to investigate and to recommend ways of mitigating damages. 5A For you to obtain the benefit of a fee wbich includes a reasonable allowance for risks, you agree that our aggregate liability will not exceed the fee paid for our services or $50,000, whichever is greater, and you agree to indemnify us from all liability to others in excess of that amount. If you are unwilling to accept this allocation of risk, we will increase our aggregate liability to $100,000 provided that, within 10 days of the date of our Agreement, you provide payment in an amount that will increase our fees by 10°!x, but not less than $500, to compensate us for the greater risk undertaken. This increased fee is not the purchase of insurance. 5.5 If you do not pay us within 60 days of invoice date, or if you make a claim against us that is resolved in our favor, you agree to reimburse our expenses, including but not limited to attorney fees, staff time, expert witness fps, and other costs of collection or litigation. 5.6 The law of the state in which our servicing office is located will govern all disputes_ Each of us waives trial by jury. No employee acting within the scope of employment shall have individual liability for his or her acts or omissions, and you agree not make a claim against individual employees. t 007/007 6.1 We will indemnify and hold you harmless from and against demands, damages, and expenses to the comparative extent they are caused by our negligent acts or omissions or those negligent acts or omissions of persons for whom we are legally responsible. You will indemnify and hold us harmless from and against demands, damages, and expenses to the comparative extent they are caused by your negligent acts or omissions or those negligent ants or omissions of persons for whom you are legally responsible. 6.2 To the extent it may be necessary to indemnify either of as under Section 6. 1, you and we expressly waive, in favor of the other only, any immunity or exemption from liability that exists under any worker compensation law. 63 You agree to indemnify us against losses and costs arising out of claims of patent or copyright infringement as to any process or system that is specified or selected by you or by others on your behalf. Section 7: Miseenzaeow provisions 7.1 We will provide acertiftcate of insurance to you upon request. Any claim as an Additional Insured shall be limited to losses caused by our sole negligence. 7.2 This Agreement is our entire agreement. It supersedes prior agreements. It may be modified only in a writing, making specific reference to the provision modified, 7.3 Neither of us will assign or transfer any interest, any claim, any cause of action, or any right against the other. Neither of us will assign or otherwise transfer or encumber any proceeds or expected proceeds or compensation from the project or project claims to any third person, whether directly or as collateral or otherwise. 7.4 Our Agreement may be terminated early only in writing. We will receive an equitable adjustment of our compensation in the event of early termination. Revised 6 -15 -06 Page 2 of 2 Kel AAHRICAN ENGINEERING NCO FAx TRANSMISSION AMERICAN ENGINEERING TESTING, INC. 550 CLEVELAND AVENUE NORTH ST, PAUL, MN 55114 (651) 659.9001 Fax: (651) 659 -1347 To: City: Fax No.: Phone No.: Steven Kummer Date: JuiRlewoQd _ Pages: 651 -249 -2449 From: Phone No.: E -mail: -27 Z— including this cover sheet J eff M) 659 -1305 jvove smeaaeat,cam Subject: PrOposal ME Rooto-Skillman Area Streel„Project Comments: Th4 facsimile and anyfles eransmimd with it are cmWential and intended solelyfor the use ofthe individual orentttyto whom they are addressed, This communication may contain material protected bvattorney- cltentprlvtlege. # you are notthe intended recipient or the person respoustble for delivering th efacslmtle to the tnterlded recipient, be advised thatyou have received ikk transmission in error and that any use, dissem (nation, forwarding, printing or copying of this information is strictly prohibited. If you have received this facsimile in error, please no#fy us at I- 80OLP72 -6364. A06716(0e101) Oct 27 2006 15:08 AMERICAN ENGINEERING TEST 6516591347 P-19 City Of Maplewood ]Department of Public W 1902 County Road B East Maplewood, MN 55109 Attu, Steven Kz=eT, PE RE: Proposal for Geotechnical Se rv i ces Desoto-Skillman Area Streets, C.P. 06-16 Dear Mr, Kummer: Th ' s *Qum 6 ? l &U M bf f*Pf 6 dUM%A "MIPI IN ", WftQ1 ivilftn approval ofAmstkan I5nCjnffWq Tlisting, inD. 560 Cleveland Avenue North * St. Paul, MN 35114 Phone 5a1-65W9WI s ThIl Free SONS72-6364 • Fax 651 - 659 -1379. www.amengicat.corn Offion (11mughout Florida, Mlt%nowla, Soulh Dakota & Wisoonsin AN AFFIRMATIVE AOTION AND FOL)AL oppoRrUf4rry gMpL0,y%A October 27, M6 Fl 2 of 2 &A Our services will be performed on a time-and- b per the attached fee schedule. For the scope described, we will establish $19.000 as a not-to-exceed fee. in the event the scope of our work needs to be revised, we will review such scope adjustments and the as8ociated fees with you, and receive your approval before proceeding. &br&1A Based on our current backlog, we anticipate drilling can be performed within about two weeks after receiving authorization to proceed, The fieldwork should take about eight working days to complete. Verbal results can be provided shortly after drilling. The report should follow the fieldwork by about two weeks. Our services will be performed per the attached two-page "Service Agreement," and the one- page "Subsurface Boring Supplement." If requested, we can offer an alternate on-going contract agreement form, consistent with agreements we have with other municipalities, which may be more desirable to you. Accen=c Please indicate your acceptance of this proposal by endorsing the enclosed copy am re it to us. The original proposal is intended fbr your records, Rew NJQ rf you have questions • need additional information, please do -ripc�A!Ljtw t &n&: q L j Tre Signature: Date: M PAtachments; 200• Geotechnical Fee Schedule Service Agreement (2 pages), Subsurface Boring Supplement M L >yttLL�tJtnlcal P�csormrrel $eta 0.35 /mile A. Word Pr wing spwiatin 51.00 /hr B. Drill Technician/Lab Technician 73.00 /hr C. Senior EngimrinS T an 80.00/hr D. BRineeri Assistant 94,001hr E. Engineer I/Geologist I 96.00 /hr F. Engineer II /Geologist n 110,00 /hr 0. Senior Bnginear /Geologist 122.00/hr H. Principal Mixer/Geologist 146,00/hr }!. i •.; LJ A. Personal Autotnobile/T 0.35 /mile A. Auxiliary Truck 0.7S /mile A. 140a Truck with Drill Rig 0,95 1mile A. 1+4 -ton to 2+/4-ton Truck with Drill Rig 1.10 /mile A. CPT Thick Rig (20 -ton push capacity) 1.25 /mile A. Tractor /Lowboy Trailer 1,45/mile III. Slue A Ql12C92R12WMQ1 Rectal A. Drill Rig Rental b) HQ 1. Rotary Drill on I Thrk 56.001hr 2. Rotary Drill on I% to 2b4 - ton Truth 65.00/hr A. 3. Rotary Drill on AU' Ttstrain Vehicle 95100/hr Dry Density (includes water contont) 4. Portable, Non - rotary Rig 65.001hr A. Auxillmy Vehicle Rental 14.00/hr A. Cone (CPT) Rig/Equipment Rental 2. Liquid Limit or Plastic Umit 72.00/test i , CPT Truck Rig (20 - ton push capac 118.001hr D. 2. All- Terrain Rig (10 -ton push capacity) 95.00 /hr Sieve Analysis (inccludca .02()0) 3. Electronic Core w /Computer 34,00/hr 223.00 /test 4. Soil Sampler 3.00/hr H. S. Water Sampler 20.00 /hr A. Geotechnical Equipment Rental J. Consolidation - Primary Consolidation 1. Field Vane Shear 270.00 /day 2, Inclinometer Reading, Bquipment 280,00 /day L. 3 Pneumatic Transducer Reading 140.00/day Permeability Tats + Equipment (pore pressure, settl Tests of Expansive Soils + ©. or earth pressure) 77.00/teat P, 4. Bore Hole Permeability Q Topsoil Borrow Test (Mn/DOT 3877) 310.00/test A. open End Casing Method 100.00 /day 330.00 /test S. b, HQ Wirelite Packer 270.00/day S. Borehole Pressuremeter 47.00/hr 2. Cohesive 6. Iowa Borehole Shur Tester 300.00 /day 7. Double Ring Infltrometer 215.00/day 8. OPS Mapping System Bgtti meat, 12.00/hr P. Pile Driving Analyzer (PDA) 633.00 /day 10. Auxiliary PDA Equipment a. Generator 38.00 /day b. Calibrated SPT Rod 160,00 /day A, GtOWJWcd Software Rental 1. Finite Blement (seepage or deforma 55.001br 2. CAPWAP 30.00 /hr 3. wave Equation 15.00 1hr 4. L-Pile 15.00 /hr S. Slope Stability 15.00/hr 6. Stabilized Earth Slopes & Walls I3.W/hr A- Hit Wear I. Diamond Bit - Sedimentary Rock A) B, NQ 10.00 /foot b) HQ 12. 001foot O1t3PMO21.06(01t06) AMM C-AiW HN G TEPMC., INC. 2. Diamond .Bit - Mewm orphic & Igno0 a) B, Nth 17,00 /loot b) HQ 20.O D /foot oral T of t3oR *Pests sutwontracmd to SET A. Water Content 13.00 /test B. Dry Density (includes water contont) 46.00 /test C. Atterberg Limits (ASTM ®134318) I. Plasticity Index 99.00 /tat 2. Liquid Limit or Plastic Umit 72.00/test Separately D. Shrinkage Limit (ASTM: 27) B, Sieve Analysis (inccludca .02()0) 83.00 /test F. Hydromaer Analysis (sieve included) 223.00 /test G. Specific Gravity (ASTM:D854) « H. Hand Pewrometer /Torvane 10.00 /test I. Unconfined Compression 64.Q0 /test J. Consolidation - Primary Consolidation Curve up to 32 Of (A STM :D 243 5) K. Direct Shear Test + L. Triauial Compression Test + M. Permeability Tats + N. Tests of Expansive Soils + ©. Electric Resistivity 77.00/teat P, Organic Contact of Soil 70.00 /te6t Q Topsoil Borrow Test (Mn/DOT 3877) 310.00/test R. R -value (Hveem Stabilometer) 330.00 /test S. California Haring Ratio 1. Granular 550.00 1test 2. Cohesive 620.00 /test T Miscellaneous 1. Thin -wall Samples (extrusion only) 25.00/tube O1t3PMO21.06(01t06) AMM C-AiW HN G TEPMC., INC. Oct 27 20O 15:00 RMERICRN ENGINEERING TEST 6516591347 P-M s, e 59=11 I - ]IMPONl51ALLI ES U - Tho party to whom the proposalicontract is addressed Is considered the, Client of American Engineering Testing, Inc. (AET). The terms and conditions stated are binding, upon acceptance, on the Client, its successors, assignees, Joint ventures and tbird -party beneficiaries. Oral proposal, acceptance or Authorizing purchase OHM from the Client are Considered formal acceptance of AET's terms and conditions. 14 - Prior to AET performing work, Client will provide AET with all information that may affect the cost, progress, safety and performance of the work, This includes, but Is not limited to, information on proposed and existing construction, all pertinent sections of contracts between Client and property owner, site safety plans or other documents which may control or affect Ors work, If new information becomes available during AET's work, Client will provide such Information to AET in a timely manner. Failure of client to timely notify AET of changes to the project including, but not limited to, location, elevation, loading, or configuration of the structure or improvement will constitute a release of any liability of AET. Client will provide it representative for timely answers to project - related questions by AET. L) - Work by AET will not relieve other persons of their responsibility to perform work according to the contract documents or specifications, and AET will not be held responsible for work or omissions by Client and other persons. AET door not perform construction management, general contracting or surveying services and our presence on site does not constitute any assumption of those responsibilities. AET will not be responsible for directing or supervising the work of others, unless Specifically authorized and agreed to in writing. 11 ^ 4 - Work by AET often includes sampling at specific locations. Inherent with such sampling is variation of conditions between sampling locations. Client recognizes this uncertainty and the associated risk, and acknowledges that opinions developed by AET, based on the samples, are qualified to that extent. Lf - AET is not responsible for interpretations or modifications of AET's recommendations by other persons. 1.6 - Should changed conditions be alleged. Client agrees to notify AET before evidence of alleged change Is no longer accessible for evaluation. MCDON 2 - ME A SS AIYfl RESTORATION LI - Client will furnish AET safe and legal site access. 2_2 - It Is understood by Client that in the normal course of the work, some damage, to the site or materials may occur, AET will take reasonable precautions to minimize such damage. Restoration of the site is the responsibility of the Client, SU TION 3 - SAFETY 11- Client shall inform AET of any known or suspected hazardous materials or unsafe conditions at the work site. If, during the course of AET's work, such materials or conditions are discovered, AET reserves the right to take measures to protect AET personnel and equipment or to immediately terminate services. Client shall be responsible for payment of such additional protection costs. - AET shall only be responsible for safety of AET employees at the work site. The Client or other persons shall b e, responsible for the safety of all other persons at the site, SECTION 4 - SA MPL 4A - Client Is responsible for Informing AET of any known or suspected hazardous materials prior to submittal to AET. All samples obtained by, or submitted to, AET remain the property of the Client during and after the work. Any known or suspected hanrdoua material samples will be returned to the Client at AET's discretion. 9,2 - Non - hazardous samples will be hold for 30 days and then discarded unless, within 30 days' of the report date, the Client provides a written request that AET store or ship the samples, at the Client's expense. INQ1I011 5 - PAM"RgCORDM The original project records prepared by AET will remain the property of AET, AET shall retain these original records for a period of three years following submission of the report, during which period the project records can be made available to Client at AET's office at reasonable times. SECTION 6 - SIANDAM OF C Rif AET will perform services consistent with the level of we and skill normally performed by other firms in the profession at the time of this service and in this geographic area, under similar budgetary constraints. No otter warranty is implied or Intended. SECTION T - INSt1RANCE A-ET carries Worker's Compensation, Comprehensive General Liability, Automobile Liability and Professional Liability insurance. AET will furnish certificates of insurance to Client upon request, ACS401(10 /02) AMERICAN ENGDMERING TESTING, INC. SECTION 4 - I'AYid+IENT IN EREST AND BREACH - Invoices are due on receipt. Client will inform AET of invoice questions or disagreements within 15 days of invoice date; unless so Informed, Invoices are deemed correct. 11 - Client agrees to pay interest on unpaid invoice balances at a rate of 1.59 per month, or the maximum allowed by law whichever is less, beginning 30 days after invoice date. , 9.3 - if any Invoice remains unpaid for 60 days, such non - payment shall be a material breach of this agreement, As a result of such material breach, AET may, at its sole option, terminate all duties to the Client or other persons, without liab agreement. ility. 4.4 - Client will pay all AET collection expenses and attorney fees relating to past due fees which the Client owes under this WXT IM 12 • MEDI&TIO W - Client and AET agree that any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to arbitration or the Institution of legal or equitable proceedings by either party, D—.2 - Unless Client and AET mutually agree otherwise, mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be in writing and the parties shall share the rrtediator's fee and any filing fees equitably. The mediator shall be acceptable to both parties and shall have experience in commercial construction matters, SECTION 11. LLTIGATION REMURSEMENT Payment of AET costs for Client lawsuits against AET which are dismissed or are judged substantially in AET's favor will be the Client's responsibility, Applicable costa include, but are not limited to, attorney and expert witness fees, court costs, and AET costs. IO - U INDENNIFI ILI - AET agrees to hold harmless and indemnify Client from and against liability arising out of AET's negligent performance of the work, subject to Section 13 and any other limitations, other indemnifications or other provisions Client and AET have agreed to in writing. LU - Client agrees to hold harmless and indemnify AET from and against liability arising out of Client's negligent conduct, subject to any limitations, other indemnifications or other provisions Client and AET have agreed to in writing. M - If Client has indemnity agreement with other persons, the Client shall include AET as a beneficiary. SECTION 13 - LIMITATION OF IABILITY Client agrees to limit AET's liability to Client arising from negligent acts, errors or omissions, such that the total liability of AET shall not exceed $100,000, ECTI L14 - TERMINATION After 7 days written notice, either party may elect to terminate work for justifiable reasons. In this event, the Client shall pay for all work performed, including demobilization and reporting costs to complete the file. SECTION 15 - SEVERABILITY Any provisions of this agreement later hold to violate a law or regulation shall be deemed void, and all remaining provisions shall continue in force. However, Client and AET will in good faith attempt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing the intent of the original provision, SECTION 16 - GOVERNING L This Agreement shall be construed, and the rights of the parties shall be determined, In accordance with the Laws of the State of Minnesota. SE N 17. I31tr T This agreement, Including attached appendices, Is the entire agreement between AET and Client. This agreement nullifies any previous written or oral agreements, including purchaselwork orders. Any modifications to this agreement must be In writing. ACS401(10102) AMERICAN ENGRgEERING TESTING, INC. Oct 27 2006 15309 AMERICRN ENGINEERING TEST 6516591347 pal RECEIVED STORP Twin City Testing Corporation 662 Cromwell Avenue, St. Paul, MN 55114 -1776 (651) 645 -3601, Fax (651) 659 -7348 STANDARD FORM OF AGREEMENT TO ENGAGE THE SERVICES OF STORK TWIN CITY TESTING CORPORATION THIS AGREEMENT, entered into on the 26th day of October , 2006, by Steven L. Kummer of City of Maplewood ( "Client "), and Stork Twin City Testing Corporation ( "Twin City Testing "), located at 662 Cromwell Avenue, St. Paul, Minnesota 55114. A. The "Project" is described as: Geotechnical Exploration - Soil Borings Desoto - Skillman Area Streets, C.P. 06 -16 Maplewood, Minnesota B. Twin City Testing will perform professional services for Client as follows: - Geotechnical Services Only - -Mark borings in the field at the approximate locations shown on site plan provided by the City. - Notify Gopher State One -Call to set up utility meet(s) and locate buried utilities. -Put down seven (7) standard penetration borings to unit depths of 20', fourteen (14) borings to unit depth of 8' and thirty -four (34) borings to minimum unit depth of 10'.; extend borings deeper upon encounter with soft or organic materials. Drill at locations which allow for traffic control to be limited to warning signs and cones. Backfill and cold patch bore holes. Elevations by the City. - Perform visual classification of soil samples. - Submit report including boring logs, boring location plan (by City) and written description of subsurface conditions. The report to also include estimates of R- values based on soil type, and recommendations for roadbed subgrade corrections and pipe zone soil corrections. Given current job scheduling, we could start field work during the week of November 20, 2006. C. Client will compensate Twin City Testing for services as follows: Boring layout, utility locates, mobilization and demobilization of drill rig & crew, drilling and sampling, backfilling Lump Sum $12,600.00 Project Management: coordination, soil sample review, boring logs and report Lump Sum $1700.00 TOTAL = $14,300.00 Cost of additional (deeper) authorized drilling: $14.00 per foot This price is valid for sixty days from date above. Invoices are due upon receipt. A late payment FINANCE CHARGE will be charged at the periodic rate of 1.5% per month (or the maximum allowed by law) on any balance remaining unpaid 30 days after the date of the invoice. This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Stork Twin City Testing, Inc. a North Carolina 5usiness corporation ( "TCT ") d.d. 05/01/2001. In no event shall Stork Twin City Testing, Inc. be liable for any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice. Desoto - Skillman Area Streets, C.P. 06 -16 City of Maplewood October 26, 2006 Client Contact: Steven L. Kummer, P.E. City of Maplewood Page 2 of 2 Phone: 651 - 249 -2418 Fax: 651- 249 -2409 The only applicable terms and conditions on this quote are the TCT GENERAL TERMS AND CONDITIONS OF SALE AND PERFORMANCE OF TESTING SERVICES BY STORK TWIN CITY TESTING, INC., a North Carolina business corporation ( "TCT') d.d. 05/01/2001. A copy of these terms and conditions will be sent to you free of charge upon request. STORK TWIN CITY TESTI ,G ORP RATION By: Name: Leonard Rasmussen, P.E. Title: Senior Geotechnical Engineer ST By Ne Tit CORPORATION By signing this Agreement, Client assents to the terms and conditions set forth above and attached. CLIENT: By:_ Name: Title: This agreement shall be governed exclusively by the general terms and conditions of sale and performance of testing services by Stork Twin City Testing, Inc. a North Carolina 5usiness corporation ('TCT') d.d. 05/01/2001. In no event shall Stork Twin City Testing, Inc. be liable for any consequential, special or indirect loss or any damages above the cost of the work. Payment is due within 30 days of invoice. GENERAL TERMS AND CONDITIONS OF SALE AND PERFORMANCE OF TESTING SERVICES BY STORK TWIN CITY TESTING CORPORATION, a North Carolina business corporation ( "TCT ") dated 05/01/2001 1. Application; Formation of Contract. These General Terms and Conditions of Sale and Performance of Testing Services (the "Terms and Conditions ") shall apply to all acts in respect of the purchase and sale of testing and other services (the "Work ") pursuant to any contract (a "Contract ") to which these Terms and Conditions are made applicable. The submission by a party ( "Customer ") of any sample to TCT for testing or similar services shall, upon acceptance of such sample by TCT for such services, constitute an express Contract to which these Terms and Conditions apply. All orders for Work are subject to TCT's approval and acceptance. agrees to pay reasonable attorneys' fees incurred by TCT in the collection of past due invoices and account balances. If TCT at any time determines in its sole judgment that there are reasonable grounds for insecurity with respect to Customer's payment for the Work or any other obligation of Customer set forth in the Contract or in these Terms and Conditions, TCT may require adequate assurance of due payment or other performance, such as payment in cash or satisfactory security, and until TCT receives such assurance, TCT may suspend any performance for which it has not already received payment. 2. Modification and Waiver•, Other Terms. No provision in these Terms and Conditions may be varied or waived except by a writing specifically describing such variance or waiver signed by an officer of TCT. TCT's acceptance or acknowledgement, even if in writing and signed by TCT, of Customer's purchase order or any other document pertaining to the Work shall not be deemed an acceptance of any provision of Customer's purchase order or any other document that conflicts with or adds to these terms and conditions, absent a separate agreement in writing signed by TCT expressly acknowledging and agreeing to such provisions. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT TERMS AND CONDITIONS SET FORTH IN ANY ORDER FORM, PURCHASE REQUEST OR CONFIRMATION PROVIDED BY CUSTOMER ADD TO OR CONFLICT WITH THESE TERMS AND CONDITIONS, THESE TERMS AND CONDITIONS SHALL PREVAIL AND GOVERN. TCT'S ACCEPTANCE OF A CONTRACT TO PERFORM WORK IS EXPRESSLY CONDITIONAL ON CUSTOMER'S AGREEMENT AND ASSENT TO THESE TERMS AND CONDITIONS. 3. Prices for the Work; Payment. Prices quoted by TCT for the Work are solely for the performance of the Work and do not include freight, insurance, inspection or packaging charges, warehousing or storage costs, or any sales, use, excise, customs duties, or other taxes or fees ( "Costs "). Unless TCT expressly agrees in writing to pay such Costs, all such Costs are to be paid by Customer and any Costs paid by TCT shall promptly be reimbursed by Customer. A minimum charge of $35.00 applies to each sample submitted unless a blanket purchase order specifying different pricing has been submitted and accepted. Written and oral quotations are subject to withdrawal by TCT by notice at any time, and, in any event, shall be valid only for thirty (30) days from the date thereof. Payment is due in cash as specified in TCT's quotation, proposal or order confirmation and, unless otherwise expressly agreed to in writing by TCT, payment is due in U.S. dollars only. If not specified therein, payment is due in cash upon completion of the Work; provided, however, that if the Contract involves a series of tests or other events of partial performance, TCT may invoice, and Customer shall pay for, each such test or part on a pro rata basis. If performance is delayed by Customer or other causes beyond TCT's reasonable control, TCT may submit invoices, and payment shall become due, as if the Work had been completed as scheduled. If such delay is caused by Customer, Customer shall additionally pay all reasonable warehousing and other expenses and Costs of TCT incident to such delay in shipment. The net amount for services performed pursuant to these Terms and Conditions shall be due in full, without discount, within thirty (30) days of invoice, unless otherwise stated. If payment in full is not made when due, interest shall accrue on the unpaid balance at the lesser of (i) the rate of 1' /z% per month (18% per annum) or (ii) the maximum rate permitted under applicable law. Customer 4. Completion of Work; Limited Warranty. TCT warrants that it will complete the Work in a satisfactory and workmanlike manner consistent with industry standards. TCT will exercise commercially reasonable efforts to complete the Work and provide a report thereon by any date reasonably requested in writing by Customer, but shall not be liable for any delay in the performance of projects or in the delivery or shipment of goods, or for any damages suffered by the client by reason of such delay. TCT's performance of any and all Work is subject to TCT's current facility schedules, governmental priorities, and other government regulations, purchase orders, directions, and restrictions that may be in effect from time to time. EXCEPT AS EXPLICITLY SET FORTH IN THIS PARAGRAPH 4, TCT MAKES NO OTHER WARRANTY, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY EXCLUDED. TCT's warranty shall not apply to any portion of the Work performed by a party other than TCT except to the extent that any such third party has warranted such performance to TCT and is liable to TCT under such warranty. No employee, agent or other person is authorized to give any warranties on behalf of TCT in addition to or different from those herein given, or to assume for TCT any other liability in connection with the Work except in a writing which is signed by an authorized officer of TCT, which expressly gives such warranties or assumes such liability, and which is made part of the Contract pursuant to paragraphs 1 and 2 above. 5. Customer's Property. Whenever TCT is provided in writing detailed instructions as to the treatment and handling of Customer's property, TCT will exercise commercially reasonable efforts to comply with such instructions. Type of material, tolerances and specifications for processing shall be declared in writing by Customer prior to TCT's commencing any Work or shall be deemed not to have been known by TCT. Testing services supplied by TCT are generally considered to be destructive. Under special conditions, some testing may be performed without destroying samples. However, by submitting components or samples to TCT, Customer expressly agrees that all material submitted may be destroyed . TCT will not be responsible for any costs or losses resulting from destruction of Customer's property submitted to TCT unless both the written Contract and Customer's property are clearly marked "Do Not Destroy." If the Contract and Customer's property are not so marked, TCT shall have no liability for damage to Customer's property. If the Contract and Customer's property are so marked, TCT's liability for damage to Customer's property is limited to the lesser of (i) the value of Customer's property or (ii) the cost of the Work performed on the damaged property pursuant to the Contract. Under no conditions will TCT be responsible for any F: \Sliaied \FORMS \STORK \Stales Conditimis L.88D01 TCT- AiielPont.doc additional costs or damages, including consequential damages and indirect costs or losses, resulting from destruction of Customer's property. By submitting property to TCT, Customer acknowledges and agrees to these limitations and acknowledges and agrees that TCT bases its price for the performance of Work on the existence and enforceability of such limitations. 6. Shipping. TCT will at Customer's reasonable request act as a shipping agent for the return of Customer's property after performing the Work. As Customer's agent, TCT will contract for common carrier delivery as requested in writing by Customer. Under no conditions will TCT have any liability for any item so shipped. Insurance will be purchased for common carrier shipping only when requested in writing by Customer and when declared value is indicated, and the failure of TCT to purchase insurance shall not result in any liability on the part of TCT. Customer may be billed directly by commercial carriers for freight and Customer shall make all claims for property damaged in transit directly and solely against such freight carriers. 7. Title; Security Agreement. Title to Customer's property and all risk of loss or damage to such property shall remain with Customer at all times. Customer hereby grants to TCT a security interest in all of Customer's property provided to TCT for testing or other services under the Contract to secure the payment of the purchase price for the Work and other fees or charges due TCT hereunder. Customer will not be entitled to the return of its property, and after such return shall not be entitled to transfer or encumber the property upon which Work is performed, until all sums due and owing to TCT have been paid. Customer shall execute and deliver any financing statements or other documents that TCT reasonably requests for the perfection of TCT's security interest in Customer's property and Customer shall do all other acts necessary for the perfection and preservation of this security interest. 8. Customer's Remedies. The sole and exclusive remedy of Customer and its customers, agents and other affiliates in respect of any claim against TCT based on or relating to any claimed defect in the Work or otherwise relating to the Work, the Contract, or these Terms and Conditions, whether such claim is based upon contract, tort, professional errors or omissions, strict liability or negligence, and whether such claim is for property damage, personal injury, commercial loss or other monetary loss, shall be (i) upon the return, restoration, or replacement by Customer of Customer's property upon which the Work was performed, the re- performance of any defective portion of the Work, or (ii) at TCT's option, a refund or credit to Customer in the amount of the price paid for the defective portion of the Work Customer's remedies hereunder shall only be available if (i) TCT has been paid in full for the Work pursuant to paragraph 3 above; (ii) TCT is notified in detail, in writing, of the claimed defect or other claim within twenty days of Customer's discovery thereof and within ninety days after the completion of the Work; and (iii) TCT is permitted to inspect any and all property with respect to which the Work is claimed to have been defective or to which Customer's claim otherwise relates. EXCEPT AS SPECIFICALLY SET FORTH IN THIS SECTION 8, TCT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE DIRECTLY OR INDIRECTLY ARISING FROM ITS PERFORMANCE OF THE WORK, INCLUDING WITHOUT LIMITATION ANY DAMAGE TO CUSTOMER'S PROPERTY. TCT SHALL IN NO EVENT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE USE OF PROPERTY UPON WHICH THE WORK IS PERFORMED OR ANY SIMILAR PROPERTY OR FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER. IN NO EVENT SHALL TCT BE LIABLE FOR ANY DAMAGES ABOVE THE COST OF THE WORK, WHETHER SUCH DAMAGES SHALL ARISE FROM BREACH OF THIS CONTRACT, OR IN TORT, OR OTHERWISE. 9. Cancellations. A purchase order or other Contract for Work once placed with and accepted by TCT can be cancelled, in whole or in part, only with the written consent of TCT. If Customer cancels without TCT's consent, Customer shall be liable for the full price of the Work, less any actual third party expenses saved by TCT in not having to perform the Work, as reasonably determined by TCT in its sole discretion. 10. Court and Other Proceedings. The nature of TCT's services will, from time to time, require employees of TCT to present the results of TCT's findings in depositions, court proceedings or other forums. In such cases, the Customer will be charged, in addition to the agreed upon price for the Work, TCT's usual and customary costs and fees for such presentations and the preparation thereof according to TCT's then - current fee schedule. If TCT is subpoenaed by a party other than Customer, the total costs and fees associated with the preparation and testimony will be charged to the Customer, irrespective of whether payment has previously been made on the Work and Customer's file is closed. TCT will at Customer's written request attempt to have these costs and fees reimbursed by the party issuing the subpoena; however, if such party does not reimburse TCT, such costs and fees will be the responsibility of Customer. Customer agrees to pay any such costs and fees, irrespective of whether it is anticipated at the time of the Contract that TCT will be called upon to present the results of its findings in depositions, court proceedings or other forums. 11. Force Majeure. The parties hereto shall be excused from the duty to render timely performance of any obligation hereunder if such inability to perform is caused directly or indirectly by act of God, flood, war, riot, accident, explosion, strikes or labor trouble, act of government, delay or default by subcontractor or supplier of materials or services, the existence of any circumstance making performance commercially impracticable or any other cause beyond the party's reasonable control; provided, however, that the obligation to make payments due under this agreement shall not be excused for any reason, including the foregoing. 12. Waiver of Compliance. Waiver by either party hereto of a breach by the other party of any of the provisions of these terms and conditions shall not be deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect. 13. Severability. If any provision or remedy herein provided for be invalid under any applicable law, the remaining provisions hereof, including remaining default remedies, shall be given effect in accordance with the intent hereof. 14. Governing Law. This agreement shall be governed by and construed under the laws of the State of North Carolina and the United States of America. 15. Arbitration. Any controversy or claim arising out of or relating to this agreement, or any breach thereof, shall be settled by arbitration in accordance with the Rules of the American Arbitration Association, and judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The situs of said arbitration shall be Charlotte, North Carolina. Any demand for arbitration by either party hereunder must be delivered in writing to the other party. FASharedTORMS\STOWSales Conditions L881D01 TCT- ArielFont.doc Agenda Item 118 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Kenwood Area Neighborhood Street Improvements, City Project. 05 -16, Resolution for Modification Project Budget DATE: November 1, 2006 INTRODUCTION/SUMMARY A clerical addition error was made on the staff report/resolution for the Kenwood Area Street Improvements project budget presented to Council on October 23` 2006. Background An increase of $78,500 in the project budget was requested as part of Changer Order 9 -10 for the Kenwood Area Street Improvement project and was approved by council on October 23r 2006. A clerical error was made in the financing sources. Budget Impact The project financing sources should be shown as noted below: Approved Financing Sources General Tax Levy Assessments Sewer Fund SPRWS WAC Investment Inter. RWMWD EUF $ 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 TOTAL $ 5,535,545.88 Revised Financing Sources General Tax Levy Assessments Sewer Fund SPRWS WAC Investment Inter. RWMWD EUF TOTAL $ 2,623,710.00 $ 1,454,620.00 $ 567,900.00 $ 356,100.00 $ 83,850.00 $60,000.00 $92,700.00 $ 334,350.00 $ 5,573,230.00 RECOMMENDATION It is recommended that the City Council approve the attached resolution directing the modification of the project budget for the Kenwood Area Neighborhood Street Improvements, City Project 05 -16. Attachments: 1. Resolution 2. Location Map RESOLUTION DIRECTING MODIFICATION OF PROJECT BUDGET WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 05 -16, Kenwood Area Neighborhood Improvements, and WHEREAS, it is now necessary and expedient that the project budget be modified. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 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 $5,573,230.00 shall be established. The revised financing plan is as follows: Revised Financing Sources General Tax Levy Assessments Sewer Fund SPRWS WAC Investment Inter. RWMWD EUF $ 2,623,710.00 $ 1,454,620.00 $ 567,900.00 $ 356,100.00 $ 83,850.00 $60,000.00 $92,700.00 $ 334,350.00 TOTAL $ 5,573,230.00 - ------- - ------- -- VIKING DR. ry cn bi - ------ - ----- --- n LLJ 0 . .... .. ry Li < LAURIE CT. LIJ JZ 4 z - * < n - --------- . .... -- - --------- - --------- - - -------- - .......... - ----- ------ - ---------- . .......... - -- - ----- - ---------- BURKI (J� AV E. E ELDRIDGE B L D R I M 0 Oehrline BELMONT Lake cn II AV E. S izil I k A A f, KILLMAN AV. A . V LLJ ry < Ld V* ry M n Cn M Ld Edgerton W W CY Park < Ld ry A n 1 1 (-D • • BURKE CT. Maplecrest Park AVE. Keller La ke ROSELAWN AV, BELLWOOD n SUMMER ° o Cn u ry _7 - Ld J cn TRAIL < RIPLEY AV- GAT EWA ® PROPOSED STREET IMPROVEMENT ' NO SCALE Exhibit 1: Project Location Kenwood Area Street Improvements City Project 05-16 KEN*OOD LN. Agenda Item 119 AGENDA REPORT TO: Greg Copeland, Interim 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 and Budget Adjustment DATE: November 2, 2006 INTRODUCTION Council approval is requested for a budget adjustment so that funds are available to pay $13,403.93 to Intereum, Inc. for office furnishings for the new areas of the Public Works building addition. BACKGROUND Council approved a quotation from Intereum, Inc. at the June 26, 2006 meeting for the purchase of office furnishings for the new areas of the Public Works building addition. Payment of $13,403.93 to Intereum, Inc. was approved by council at the October 23, 2006 meeting. However, not enough funds are available since other unanticipated expenditures were paid in the interim. More expenditures were required than anticipated for cabling and switches for voice and data ($11,209 total) and for parking lot paving ($20,533 total). BUDGET IMPACT Additional funding in the amount of $3,425 is required to pay $13,403.93 to Intereum, Inc. The Fleet Management Fund is established with replacement funds for building improvements and depreciation that have been utilized for this project. Funds are available within this account for this purpose. RECOMMENDATION It is recommended that the city council approve payment of $13,403.93 to Intereum, Inc for furnishings for the Public Works Building addition, and that approval be given for the Finance Department to make the appropriate budget adjustment to transfer funds from the Fleet Management Fund to the Public Works Building Addition fund. Agenda Item 120 AGENDA REPORT TO: City Manager FROM: Chuck Ahl, Public Works Director /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Gladstone North Area Street Improvements, City Project 04 -15: Resolution for Modification of the Existing Construction Contract, Change Order 4 DATE: October 25, 2006 INTRODUCTIONtSUMMARY 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. The changes described in Change Order 4 total $11, 742.17. There was an additional $155,685.37 worth of work done on the project that was not accounted for in the original contract, but a reduction of $143,943.20 is also required due to construction under runs. In total, the original contract amount of $1,795,235.55 needs to be increased by $11,742.17 to $1,806,977.42. Springside Drive Extension — Contract Reductions A reduction of $118,467.98 is needed to eliminate the work that was included for Springside Drive Extension, City Project 03 -36, which was originally included in the contract amount as the two projects were bid together - SPRINGSIDE PAY ITEMS TO 03 -36 1 LS 1.0 (118,468.00) (118,468.00) SUBTOTAL ($118,467.98) Additional Contract Reductions An additional reduction of $25,475.22 is required due to items that were eliminated from the project through value engineering or redesign. HORIZONTAL DIRECTIONAL 1. 2504.603 BORING OF 2" COPPER LF (650) $24.66 ($16,029.00) WATER MAIN 2. 2573.502 SILT FENCE, TYPE LF (1,620) $1.75 ($2,835.00) PREASSEMBLED 3. 2503.511 15" CORRUGATED SMOOTH LF (318) $20.79 ($6,611.22) WALL HDPE PIPE SEWER SUBTOTAL {$25,475.22} Agenda Item 120 Contract Overruns Below is a list of contract items that went over the original planned quantity, totaling $99,311.37. COMMON EXCAVATION, CY (EV) 1. 2105.501 (P) (SEE EARTHWORK CY 171 $6.70 $1,145.70 SUMMARY -SHEET 6) SUBGRADE EXCAVATION, CY 2. 2105.507 (EV) (SEE EARTHWORK CY 228 $7.00 $1,596.00 SUMMARY -SHEET 6) SELECT TOPSOIL BORROW, CY 3. 2105.526 (LV) (SEE EARTHWORK CY 676 $11.60 $7,841.60 SUMMARY -SHEET 6) EXCAVATE AND DISPOSE OF 4. 2105.607 MISCELLANEOUS DEBRIS,CY CY 92 $20.00 $1,840.00 (LV) (AS DIRECTED) 5. 2211.501 AGGREGATE BASE CL. 6 FOR TON 3,645 $8.75 $31,893.75 STREETS 6. 2211.501 AGGREGATE BASE CLASS 6 FOR TON 397 $10.50 $4,168.50 DRIVEWAYS, TRAILS AND WALKS 7. 2340.514 TYPE 32 BASE COURSE MIXTURE TON 153 $33.50 $5,125.50 (32BBB50000B) TYPE 41 BITUMINOUS MIXTURE 8. 2340.521 FOR COMMERCIAL DRIVEWAYS SY 188 $12.50 $2,350.00 (41 WEB50055L) 4'x4' FRENCH DRAIN (INCL. ROCK 9. 2503.603 & FABRIC) FOR PERFORATED LF 37 $45.00 $1,665.00 HDPE STORM SEWER PIPE 4" PVC, SCHEDULE 40 SANITARY 10. 2503.603 SEWER SERVICE REPLACEMENT LF 73 $32.56 $2,376.88 AS PER PLATE 410A 6" PVC, SCHEDULE 40 SANITARY 11. 2503.603 SEWER SERVICE REPLACEMENT LF 107 $31.46 $3,366.22 AS PER PLATE 410A 12. 2503.603 8 PVC, SDR 35 SANITARY LF 23 $91.39 $2,101.97 SEWER MAIN 13. 2504.602 WATER UTILITY HOLE EA 2 $506.14 $759.21 (EXCAVATE & BACKFILL) 14. 2504.602 REPAIR VALVE HOUSING, EA 7 $375.00 $2,625.00 WATER 15. 2504.602 REPAIR CURB STOP HOUSING, EA 2 $403.27 $806.54 WATER 16. 2504.603 WATER UTILITY MAIN TRENCH LF 618 $13.81 $8,534.58 (EXCAVATE & BACKFILL) CONSTRUCT DRAINAGE 17. 2506.502 STRUCTURE, DESIGN 2'x 3' BOX EA 1 $971.55 $971.55 CB W1 R- 3067 -V OR R- 3290 -A FRAME & GRATE Agenda Item 120 Private Driveways Private driveway quantities were overrun and are listed below. These overruns provide an additional $56,374.00 in revenue for the project. 1. 2104.505 CONSTRUCT DRAINAGE SY 2,209 $2.50 $5,522.50 18. 2506.502 STRUCTURE, DESIGN 48" MH W/ EA 1 $1,147.53 $1,147.53 R- 1678 -A CASTING ASSEMBLY & 2. 2104.505 R- 2422 -0009 RADIAL GRATE SY 488 $3.00 $1,464.00 CONSTRUCT DRAINAGE 19. 2506.502 STRUCTURE, DESIGN 66" MH W/ EA 1 $2,278.64 $2,278.64 3. 2105.507 R- 1678 -A CASTING ASSEMBLY & CY 144 $15.00 $2,160.00 R- 2422 -0009 RADIAL GRATE 20. 2521.604 TRUNCATED DOME PEDESTRIAN EA 5 $450.00 $2,250.00 4. 2211.501 CURB RAMP (TYPE A) TON 1,221 $16.00 $19,536.00 21. 2531.507 8" CONCRETE DRIVEWAY SY 20 $40.00 $800.00 PAVEMENT, COMMERCIAL 22. 2540.602 REINSTALL MAILBOX SUPPORT EA 32 $30.00 $960.00 (SALVAGED) 23. 2575.505 SODDING, TYPE LAWN SY 3,269 $2.00 $6,538.00 24. 2503.511 12" CORRUGATED SMOOTH LF 318 $19.40 $6,169.20 WALL HDPE PIPE SEWER SUBTOTAL $99,311.37 Private Driveways Private driveway quantities were overrun and are listed below. These overruns provide an additional $56,374.00 in revenue for the project. 1. 2104.505 REMOVE BITUMINOUS SY 2,209 $2.50 $5,522.50 DRIVEWAY PAVEMENT (PRIVATE) REMOVE CONCRETE DRIVEWAY 2. 2104.505 PAVEMENT AND /OR WALK SY 488 $3.00 $1,464.00 (PRIVATE) SUBGRADE EXC., CY (EV) FOR 3. 2105.507 PRIVATE DRIVEWAYS, BIT. OR CY 144 $15.00 $2,160.00 CONC. (ESTIMATED @ 0.5' DEPTH 4. 2211.501 AGGREGATE BASE CL. 6 FOR TON 1,221 $16.00 $19,536.00 PRIVATE DRIVEWAYS & WALKS TYPE 41 BITUMINOUS MIXTURE 5. 2340.521 FOR DRIVEWAYS SY 2,426 $10.50 $25,473.00 (41WEB50055PG64 -22) (PRIVATE) 6. 2521.501 1 4" CONCRETE WALK (PRIVATE) SF 435 $5.10 $2,218.50 SUBTOTAL $56,374.00 Budget Impact No increase in the project budget for the Gladstone North Area Street Improvements, Project 04 -15 is required as the increase of the construction contract falls within the project budget. Agenda Item 120 RECOMMENDATION It is recommended that the city council approve the attached resolution Directing the Modification of the Existing Construction Contract for the Gladstone North Area Street Improvements, City Project 04 -15. Attachments: 1. Resolution 2. Change Order No. 4 3. Location Map RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04 -15 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 04 -15, Gladstone North Area Street Improvements, 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 04 -15 Change Order No. 4 as an increase to said contract by an amount of $11,742.17, such that the new contract amount is now and hereby established as $1,806,977.72. 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 No. 4 as a contract increase in the amount of $11,742.17. The revised contract amount is $1,806,977.72. No revisions to the project budget are proposed at this time, as these changes fall within the original project budget. GLADSTONE NORTH AREA STREET IMPROVEMENTS MAPLEWOOD CITY PROJECT NO. 04 -15 CHANGE ORDER NO.4 CONTRACTOR: T.R. SCHIFSKY & SONS, INC. PERIOD ENDING: October 9, 2006 CONTRACT AMOUNT: $1,766,328.58 SPRINGSIDE PAY ITEM RELOCATION ITEM I DESCRIPTION JUNITIQUANTITY UNIT PRICE TOTAL RELOCATION OF SPRINGSIDE PAY ITEMS TO 03 -36 1 LS 1 -1.0 $118,467.98 ($118,467.98) SUBTOTAL ($118,467.98) UNDERRUNS ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 2504.603 HORIZONTAL DIRECTIONAL BORING OF 2" COPPER WATER MAIN LF (650) $24.66 ($16,029.00} 2573.502 SILT FENCE, TYPE PREASSEMBLED LF (1,620) $1.75 ($2,835.00) 2503.511 15" CORRUGATED SMOOTH WALL HDPE PIPE SEWER LF (318) $20.79 ($6,611.22) SUBTOTAL ($25,475.22) OVERRUNS ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 2105.501 COMMON EXCAVATION, CY (EV) (P) (SEE EARTHWORK SUMMARY -SHEET 6) CY 171 $6.70 $1,145.70 2105.507 SUBGRADE EXCAVATION, CY (EV) (SEE EARTHWORK SUMMARY -SHEET 6) CY 228 $7.00 $1,596.00 2105.526 SELECT TOPSOIL BORROW, CY (LV) (SEE EARTHWORK SUMMARY -SHEET 6) CY 676 $11.60 $7,841.60 2105.607 EXCAVATE AND DISPOSE OF MISCELLANEOUS DEBRIS,CY (LV) (AS DIRECTED) CY 92 $20.00 $1,840.00 2211.501 AGGREGATE BASE CL. 6 FOR STREETS TON 3,645 $8.75 $31,893.75 2211.501 JAGGREGATE BASE CLASS 6 FOR DRIVEWAYS, TRAILS AND WALKS TON 1 397 $10.50 $4,168.50 2340.514 TYPE 32 BASE COURSE MIXTURE (32BBB50000B) TON 153 $33.50 $5,125.50 2340.521 TYPE 41 BITUMINOUS MIXTURE FOR COMMERCIAL DRIVEWAYS (41WEB50055L) SY 188 $12.50 $2,350.00 2503.603 4'x4' FRENCH DRAIN (INCL. ROCK & FABRIC) FOR PERFORATED HDPE STORM SEWER PIPE LF 37 $45.00 $1,665.00 2503.603 4" PVC, SCHEDULE 40 SANITARY SEWER SERVICE REPLACEMENT AS PER PLATE 410A LF 73 $32.56 $2,376.88 2503.603 6" PVC, SCHEDULE 40 SANITARY SEWER SERVICE REPLACEMENT AS PER PLATE 410A LF 107 $31.46 $3,366.22 2503.603 8" PVC, SDR 35 SANITARY SEWER MAIN LF 23 $91.39 $2,101.97 2504.602 WATER UTILITY HOLE (EXCAVATE & BACKFILL) EA 2 $506.14 $759.21 2504.602 REPAIR VALVE HOUSING, WATER EA 7 $375.00 $2,625.00 2504.602 REPAIR CURB STOP HOUSING, WATER EA 2 $403.27 $806.54 2504.603 WATER UTILITY MAIN TRENCH (EXCAVATE & BACKFILL) LF 618 $13.81 $8,534.58 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 2'x 3' BOX CB Wl R- 3067 -V OR R- 3290 -A FRAME & GRATE EA 1 $971.55 $971.55 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 48" MH W/ R- 1678 -A CASTING ASSEMBLY & R- 2422 -0009 RADIAL GRATE EA 1 $1,147.53 $1,147.53 2506.502 CONSTRUCT DRAINAGE STRUCTURE, DESIGN 66" MH W/ R- 1678 -A CASTING ASSEMBLY & R- 2422 -0009 RADIAL GRATE EA 1 $2,278.64 $2,278.64 2521.604 TRUNCATED DOME PEDESTRIAN CURB RAMP (TYPE A) EA 5 $450.00 $2,250.00 2531.507 8" CONCRETE DRIVEWAY PAVEMENT, COMMERCIAL SY 20 $40.00 $800.00 2540.602 REINSTALL MAILBOX SUPPORT (SALVAGED) EA 32 $30.00 $960.00 2575.505 ISODDING, TYPE LAWN I SY 1 3,2691 $2.00 1 $6,538.00 2503.511 11 2" CORRUGATED SMOOTH WALL HDPE PIPE SEWER I LF 1 318 $19.40 1 $6,169.20 SUBTOTAL $99,311.37 PRIVATE DRIVEWAY PAY ITEMS ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE TOTAL 2104.505 REMOVE BITUMINOUS DRIVEWAY PAVEMENT (PRIVATE) SY 2,209 $2.50 $5,522.50 2104.505 REMOVE CONCRETE DRIVEWAY PAVEMENT AND /OR WALK (PRIVATE) SY 488 $3.00 $1,464.00 2105.507 SUBGRADE EXC., CY (EV) FOR PRIVATE DRIVEWAYS, BIT. OR CONC. (ESTIMATED @ 0.5' DEPTH) CY 144 $15.00 $2,160.00 2211.501 AGGREGATE BASE CL. 6 FOR PRIVATE DRIVEWAYS & WALKS TON 1,221 $16.00 $19,536.00 2340.521 ITY PE 41 BITUMINOUS MIXTURE FOR DRIVEWAYS (41WEB50055PG64 -22) (PRIVATE) I SY 1 2,426 $10.50 $25,47300 2521.501 4" CONCRETE WALK (PRIVATE) I SF 1 435 1 $5.101 $2,218.50 CHANGE ORDER NO.4 SUBTOTAL $56,374.00 TOTAL $11,742.17 GLADSTONE NORTH AREA STREET IMPROVEMENTS MAPLEWOOD CITY PROJECT NO. 04 -15 Original Contract: $1,766,328.58 Net Change of Prior Change Order No. 1 -3: $28,906.97 Change This Change Order: $11,742.17 Revised Contract: $1,806,977.72 Contractor: Engineer: Date: Date: Mayor: Date: I G II ERVAS AVE. L . . . . ..... ..... . ..... .... . ..... .... . . . . . ......... . .... ...... - . . . . ............... — ---------- I L ----- ----- ------ - — ------- GRAN DVIEWI[ AVE. ........... . ................. .. VIKING --- ------ ----------------- — --------------- - DR. Cn ........... ... ............... S ERREN AVE. 7K�uckle ' H \ 'ead Lake F-: - ----------- %// ,- U) Cn Cn COPE'J I --------- - - COPE AVE. - ---------- - - - - - - ------ ---- - --- ------ LARK LARK Lu- 1--: 11 AVE. -- - - - ------- . .. ... - ---- ------ . ..... - ------ . ..... 25 C) Co. RD. L/Au rr- 4, LAURIE < U) II LE i = . dZ - ------ Sherwoo ..... ..... . ............ R D ..................... SAND HURST ry Park 7 AVE. <: ........................... . ... .... - --- ---- . ... ... Z11 <1 AVE. JUNC, TION B CO Timber i-- n Pa BURKE AVE. BURKE PC BURKE A - - - ------ ------ . .... M V LN. CSR ELDRI IDLE AVE. John Gle 64 Cf) BELMONT LN. 0 - - - - - ------- CA TEWA y 0 SKILL /F, SKI LMAN d AVE E. HARRIS AVE. S --- ROSEWOOD H > �' D cn _ 1: i Lu Robinhood ROSEWOOD Park AN zf RY AV. AVE. S. Ld TR A I LS 0 R L 2: 0 L,J 0 v ii Flicek � V) Pork 11 < con t!) n Cf) FR ST AVE. F--: ry I - NTON AVE. < Ld -J A VE. U) Z Cf) Gloster Cr M ER AV! E. ---- - ----- - Park 0 ry /� < < ry FRISBIE AVE. 0 i C) 0 it LiJ ...... . ...... ...... RIP LEY A E. rK Z" Project location no scale Exhibit 1 Project Location Gladstone North Area Streets 04-15 Agenda Item 121 AGENDA REPORT TO: City Council FROM: Greg Copeland City Manager RE: 2007 Group Insurance Contracts DATE: October 30, 2006 The City staff with assistance from our insurance brokers, Financial Concepts, Inc. for medical and dental insurance and Ochs, Inc. for life insurance recently went through the annual renewal process for employee insurance benefits. We accepted formal bids on health, dental, life, long -term and short -term disability insurance. The Insurance Labor - Management Committee met twice to discuss each providers rates and benefit levels. After much discussion, the LMC proposed the following changes effective January 1, 2007: Health Insurance: Move to Medica from Blue Cross Blue Cross Blue Shield came back initially with a 20.6% increase over the current rates. After negotiations, they reduced it to 14.5 %. The LMC reviewed a competitive bid from Medica proposing a 0% increase to current rates for 2007. Medica is also offering a one year renewal rate cap for 2008 with a guarantee not to exceed 18 %. Medica's plans -basic with office copay and high deductible —HRA -are very similar to Blue Cross Blue Shield's Aware PRO and High Deductible HRA plans. There is a small difference between Blue Cross and Medica as to the drugs listed on their pharmacy formulary. Another difference is that the Mayo Clinic in downtown Rochester is not an in- network provider under Medica, whereas it is under Blue Cross Blue Shield. However, Medica members seen at Hospitals and Clinics in the Mayo Health system may be referred to the Rochester Mayo Clinic through Medica's care management department. Dental Insurance: Move to Assurant from MetLife MetLife Dental came back with a renewal rate of 29 %. We reviewed competitive bids from several carriers and decided to go with Assurant Dental who came in with a 5.1% increase over current rates. The level of coverage is the same but a significant difference is that Assurant has a much larger participating provider network then MetLife does. Lone -term Care: No Change We propose to continue our long -term care insurance contract with CAN through a pool affiliated with the League of Minnesota Cities. There is no change to the rates. Lone -term and Short -term Disability: No Change We propose to continue our long- and short -term disability insurance with Assurant through a pool affiliated with the League of Minnesota Cities. Their rates will remain the same for 2007. There is a two -year guarantee on the short -term disability rates. Life Insurance: Retain Minnesota Life at Lower Rates We are proposing to continue with Minnesota Life through a pool affiliated with the League of MN Cities. The rate for basic life insurance will decrease by $.04 per $1000 coverage. There will also be a significant decrease to optional employee life and spouse life rates. Dependent life will remain unchanged. There is a two -year guarantee on life insurance rates. RECOMMENDATION City Manager recommends that the City Council formally concur with the Insurance Labor - Management Committee Group Insurance Contract recommendations to take effect on January 1, 2007. Agenda Item J1 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Public Works Director /City Engineer Ed Nadeau, Utility Superintendent SUBJECT: Award of Bid for Sanitary Sewer Television Camera Equipment DATE: October 24, 2006 INTRODUCTION The 2005 capital outlay budget included $143,000 for the purchase of a truck mounted sewer televising unit. The purchase was carried forward to 2006 because technical specifications were not completed. City council approved the specifications and the expenditure of $150,000. Background Bids were requested and received on September 15, 2006. Bidders were Flexible Pipe Tool Company representing Aries inspection equipment with a bid of $127,441.00, MacQueen Equipment, Inc. representing Envirosight with a bid of $163,990.00, and Cues Equipment with a bid of $119,055. In the city's specifications for comparing proposals, consideration is not confined to price only. The bid will be awarded to the company whose equipment is judged to best serve the interest of the city when price, product, safety and delivery are considered. The standard terms and conditions in the city's request for bid states the specifications are the minimum acceptable. Although Cues was the lowest bidder, there were concerns from city staff regarding specific differences between the specifications in their bid and the city's specifications. Those concerns were brought to Cues attention and addressed in an email, a copy of which is attached. A staff summary of Cues specifications is also attached to this report. Staff stands by their recommendation to proceed with the purchase of the Aries equipment. Aries fulfills our specifications. They have demonstrated their equipment on several occasions with impressive results. Attached is a record of the correspondence between representatives from Cues, the low bidder, and city staff. We attempted to allow Cues to clarify that we did not believe that they met the bid specifications. The Public Works staff has spent extra time and effort to evaluate these products. We believe that the additional expense of $8,386.00 (the difference between the Cues bid of $119,055 and the bid of Flexible Pipe Tool Company at $127,441) is justified based upon the concerns identified in the attached information. Operational, reliability and safety expenses were listed as determining factors for the City to consider in awarding this contract. Staff estimates that the Cues equipment will have a higher operational cost than the Flexible Pipe Tool Company supplied equipment of approximately $4,000 to $6,000 per year. The equipment should have a usable life in excess of 12 years, which provides the City with a 2- to 3 -year payback on the added expense. The specifications allow for this determination of award in the best interests of the City. Although Flexible Pipe Tool Company wasn't the lowest bidder, their proposal fulfills all required specifications, which the Cues bid does not. It is recommended that the city council award the bid to Flexible Pipe Tool Company, for their Aries televising equipment with a bid of $127,441.00, plus sales tax, license and transfer fees. Attachment: 1. Response from Cues Equipment 2. Staff Summary of Cues Specifications 3. Pages from Cues Bid Clarifications 4. Report of Camera Systems Purchased by Other Cities Fromm: Paul Stender[nlaUtn:PeulS@cuesinccom] Sent: Monday, October O9, 2006 3:58 PM To: Chuck Ah| Cc: John Grove Subject: FVV: Maplewood TV Truck Thank you for sharing your concerns with us. Here are the answers below in red text. ----- Original Message ----- From: Chuck Ah|[nnaiho:Chuck.Ah|@ci.rnap|evvood.rnn.us] Sent: Saturday, October O7,2OO62:41PM To: John Grove Cc: Paul Stender;EdNadeau Subject: RE: Maplewood TVTruck Tou are correct that Ed has recommended to me that you do not meet the minimum specifications. Ed did not base his recommendation upon sales tax, license or transfer fees. To the contrary, he states that none of the three bids include that. The answers ho Ed's concerns are below. We would be glad to bring a truck mounted unit with the applicable equipment to demonstrate for you and your staff to verify our answers to any of the concerns below: Our specification clearly stated that we would award in the best interests of the City and that consideration would not be confined to price only. # i•. for an opportunity to respond to our i • i•. this • consideration customers in IL, WI, and MN that we can supply as references. Please know that no manufacturer takes the exact same path of design to accomplish the various features. The differences described above do not compromise the function, features, service abilities, or safety of the equipment. [Paul Stenzler] Vice President, CUES 101 am R Z1 iI 1 From: John Grove [mailto:JohnG @cuesinc.com] Sent: Tuesday, September 26, 2006 9:43 AM To: Chuck AN Cc: Paul Stenzler Subject: Maplewood TV Truck Chuck; Thank you for the information yesterday evening prior to the council meeting. I had decided to attend because I had called the Public Works Secretary to find out the status of the award. She said that there was a problem with the CUES bid (I did not identify myself) and the second low was Aries. I asked if the bids are still in review and she indicated that they were. From our conversation you indicated that Ed Nadeau had determined that we do not meet the specifications. I would have to assume that his recommendation is to award to Aries. I have been in contact with Ed once and the conversation centered around whether we included sales tax in our price and whether a license for the software was included. The statement of the sales tax concerned me, because this ploy has been used by our competition before and it is improper to negotiate a bid after opening and before award. Regarding the software license -- what was required by the bid will be provided. I had our Sales Manager {Paul Stenzler} contact Ed to find out if there were any other issues last week. We (1) are disappointed that if there were any other issues with our bid that Ed would have brought them up. I would like to point out that conversations that I have had with Ed in the beginning stages of the bid process, that Aries specifications would be used and that we should be able to bid on them because of previous bids in which we were awarded the bid. Specifically Bloomington and St. Louis Park. There have been similar specifications in Wisconsin that we also won. So, I find odd that it would have been construed that we do not meet the specifications. After all, Ed had stated that the specifications were the minimum standards to be met and CUES meets and/or exceeds all of those. Since Ed has raised concerns, we respectfully request that we be allowed to address these. In light of the fact that CUES received recent previous awards based on the same type of specification, we just want the opportunity to assure you that we meet or exceed all requirements in your specifications. Sincerely, John F. Grove CUES Regional Sales Manager 6121961 -4233 - cell Staff Summary of Cues Specifications UL Testing Standard The city specification states the equipment should meet the universal UL standards of 60950.1. Cues Equipment was tested on a less stringent 2044 2n edition safety requirement, which tests only the "down hole" components (camera and camera transporter) and not any of the control system electronics. They should have listed this as an exception to the specification. Aries equipment carries the UL 60950.1 testing requirements stated in our bid specification including all power supplies, control units, cable connections, TV reel and cable, cameras, transporters, and lighting. There is added cost to the Aries equipment to be certified at this level of safety. It is important that the City purchase the most safety tested equipment available for their employees, equipment which carries the UL testing label on all components of the electrical equipment. Pan and Tilt Camera The city specification calls for the TV camera to be equipped with the following diagnostic features: camera module current draw, lighthead voltage, internal camera head humidity, internal camera head pressure, and operating hours. Cues camera is not manufactured with an internal pressure sensor as called for in the specification. Cues' claim is that their camera is designed to handle 50 — 100 external PSI, other camera manufacturers test their equipment with external pressure also. For example, Aries tests their camera with 75 PSI external pressure. Cues also claims that other manufacturers' cameras require pressure to keep seals from leaking. Cues also pressurized their camera with 7 PSI dry nitrogen during manufacturing and when repairs are done to eliminate intrusion of humid ambient air, and a humidity sensor is supplied within the camera for on board diagnostics. Without the pressure sensor (similar to the one in the Cues unit), the operator will only be notified of a problem when the humidity sensor registers moisture in the camera. Moisture can cause potential harm to camera motors, electrical boards and camera modules. The pressure sensor in the Aries unit is the most important among the diagnostic systems because it monitors internal pressure inside the camera unit. The operator is notified very quickly if there is a problem and therefore avoid damage caused by increased levels of humidity. The camera is filled with dry nitrogen gas that places positive pressure on the o -ring seals inside the camera body. If the internal pressure falls below a certain threshold a warning will come on the screen to notify the operator. The city specification called for 360 degree continuous camera head axial rotation. Cues camera would have to back track after rotating the camera head 360 degrees. Cues also claims their camera forks are positioned at twelve and six o'clock. Their forks in that position protect the camera head while inserting and removing it from the manhole /pipeline. Aries camera allows the operator to rotate the camera head 360 degrees continuously in either direction without the requirement of back tracking. Pipe joint inspections are completed quicker because the operator is not required to rotate the camera head left and then right every time a joint is inspected. The location of the camera forks is at the city's discretion. They can be located at nine and three o'clock or at twelve and six o'clock. The 360 degree rotation is the major concern for the city, not the position of the camera forks. There are concerns with Cues meeting the city's specification on camera and wheel transporter length. In their bid clarification section they stated their combination camera and transporter would be 33 inches in length. They clarified again in the attached e -mail that they would supply a camera assembly that is 28.5 inches in length. Staff has NO confidence in the accuracy of the Cues bid. Cues was given the opportunity to clarify their bid proposal and staff was still not satisfied with their clarifications. We have no assurance what Cues will actually deliver for a camera assembly. There are also other inconsistencies throughout their bid. The city specifications called for the camera to be constructed of stainless steel and anodized aluminum. Cues clearly claims in their proposal that this was addressed in the bid clarification section. (See attached bid clarification copies.) The city specification calls for a General Motors C -4500 chassis truck. The drive train shall be equipped with a 6.6 L diesel engine, 300 hp and 520 lb. ft. torque. Cues claims they are supplying the specified truck. The specifications asked each bidder to answer yes or no to each item and clarify their differences to the specifications. On page five of the city specifications Cues answered Yes to item 1.3.1: 6.6L. diesel engine, 300 hp, 520 lb ft. Also attached to their proposal was their section five, the heading of which was "Equipment to Be Supplied." Page five of section five states that they will be supplying a Duramax Diesel 6600 with a 210 hp engine. This clearly does not meet the 300 hp engine required in the specifications. This is just another example of the inconsistencies in their proposal. (See attached bid clarification copies.) Software Support Staff did verify with Peninsula Technologies that Cues can provide the Pipe Tech Software specified. When asked how frequently they supplied Cues with the Pipe Tech Software for their camera equipment they replied that it was not that often. It is the opinion of city staff that Cues would not have the staff to support the software and that we would have to rely on Peninsula Technologies for technical support. Aries is more familiar with the Pipe Tech Software and has the full time support staff that would provide better technical support. IM Pie" , od rK hlspr sv'. KQ 11 c 'T c . ....... — ------ ............. . .. ea a 70� �Plt A CtN DcUi �;Tld 0 L icv can era, Sul ph Ci7�11)era :mclt UTWFUO[1 and LIS11 dire--mnal 1 _r o pro-, do adequate _W lWa illummaTioll ill sizes v he Ca mem sh I :iii= l') EE W"Me 0� 'eatUfeS Q ill 6" rel -,),-s pnel larger 'ned Eli Y es Tra 11 in' ils, al tll 'h lea-1 o�'rludtr-cOnductot 'j, a CO,UF Video s:uw _0012�1 H- Nr 2 W j � 11, Yes 1 2,']L'1, Desigycd ilh solid-state c ; vv r c u r o i -, t a t i c I s i o C F_ - I d 1 �_� r a t III') l I 12, 1 4 Olierates 41 c condition., from, 3 least 0 � C to - 5 kr w: t lt, 1 Of "'r. R 1 'V I— Ca p Tilt ?{ tlera ule s..zt l have the follownl'- ClOCtt'_niC f ecWleS: I Color Super HAD CC 1) 4 V v. 1 7 Colle�2tion nialrix i a 494v pixels, o.Ila o 9 es 2, 37 470h x4DOr Yes _ N coior image scanning - 525 lines a 601-1z, '2. I interiazed Yes 1 ' MilliMUTP iflurnination sensitiv it' vtit 'rhilux Yes Yes 2 3, 6, Signal-to-noise rati-o of at least _ Yes 7 Pr oi e nle -se mna ae ti'n Mul no m burl_l: Ye s X Autornatic 'ight- com pen satma ir 'wilh InallLrai ovcrrlJt Yes Yes 1 3. 9, Rec—fated D power input ra at 8-60V yes l' 10, No visible streakin jz s4i3i a, viewulft a standard EIA tesi chart Yes 3, 1 Software r on Upgradeable EEPRO'el Yes 4 f'[,S zoonr Jern;, Ox opt:cal, 'x digital, 40 torai ZOOM Yes 12 3 , Propclionally slowed camera moverne,nts wnLn zoom 2, 1 44. r. wt x auto i n al i C fO C U S witl', manna[ t,erride caircre chassis slijil lle Ti; - e l -t a ,. a Iasi Yes c yn h Ir alea re, ,r.Si 12 -Tgtliof 1'! 7 >;ee Bid Ciar / 'I t F r" a sta 2,4, 2, Bodv�ianieterof f1i n" . " esinera �o ke see C:ariftcations , ia f - 7 r, 2 4 H ea d dm ete r o See c! C arlfiraTion� jo # SiFirluos steel a artodized alli'lliM1111 COFISI S gP See d �a� 1 60' cowiruous camera ,l ad axial rotation V . in 6� nWill pan and 6A rotation Yes I 12 4, `7, Militarv-ralcd aold slin r�ng contacts us 12.4, 8, Scrateliproof sapphire Caync Nvindc Yes es 1 4. Sea 'e" l Neved ir �li'Mry connector T'O, cable hook up Yes 1.2A. O, DC motors ith ja',anetarV gears, '"all heariop, power all camera- monons, Ii, Tdl Yes ClUt011eS to Protect - eel; over-loads a ard impact, yes bevond the camera [lead tc protect from frontal minacts; yes 2 IM s inset into body pockets to withstand severe ; oc n K Z "1 3 Dirt air d Pressure sca at all novine lounts 4. A Lak ma - 1tic home fcatu—, to ur)risliz f ard viewing, wittl as at sise of s umcra "p.m W-i r ', The camera haining ssatern s tC1 have the following fsatures: � A InZhE iMl internal to f s direcC�, lla' camera hea ` I-J) Hg es.r,Ired for mi i ill u ill .000 hours oroperation Yes Z 3 , (LIM inanCe of CtOO IT es it Livilt rinc cav tv Separated froiu camlera MOI1 XtS'M ® T leak i V 011- hC I Os rated glass hernie is scai Ficid-rep'accable polycarbonare [1-1) wi ........... pas?.'e V- of 1 8 Ca%'s spec ificalion eall", (or L-as a�Srsl C� hlrdcr� oll tile gcneraior door CUES ,% ill provldc -.1 , genckrator door Hiatt is hinzed to tile sid" and loo - k - s open % [ tell door l" 4 Ull I.0 tile Kid" therefore clinlimllim-Y the need 1 - ass i�I C% I indor's, 2. Sectioil, 12.0 Pan and Tilt Camera with Zoom and LED Liglifing a, CUES Optical Zoom Pan & - Tilt camera (OZ 11€ has tile folkm ing dinicilsion's, - 0�erall Lellfjh - Flead Lemth 6,6" - Body Diallieler 3" - Head Diarnetel 4, — this includes the ITIOLIFItinal forks, head aTIJ li�-Ifnnit: The combined leritit of CUES track trans porter and OZ 11 camera is 28". The combilled length of CUES %%lieeled transporter and OZ 11 is 11" b. The propo'<xl canlera will rotate ill as clock i-,,e or Counter clockv, ise direction for a full 360 degi s ic%� ofthe pipe and as 330 de vie�k for the pan motion, The White LED - Rasters are built into the li�lluhezrd and will illuminate 6" throu �2 line , arld the carriena head �, I I I rotate �k ah in as -1. ' d iameter sphere, ct C I UES 0Z 11 catifem is riot FmiVII&WILlred �a ith an Internal Camera Head PressLffe SellSOT for the roaow< - The OZII carnera is dcsi�" to handle 'iO PSI-1(10 cmcrrial PSI. 1 V2 Of 6 k,X'ES 3600 Rio Vku Avenuc C)rllm,lo, Porda -;280w 4;� NIA"Am"My 6 ( j of NNA"Vol MN -71_ � I i Cl TS Piro Ranger - o. hNQJ I m npvwl IN suplA A %% A [hoc 3 N. o f " h y A K Ku and I i v 1, Then "hod, yloaq amtor the minym i N- Is Qrthvkwgcrmzcpqv will Idea rcmof�. mechanical jov that " in cTtw.N ',ho 1 Wd I i I to 4_ I I, T I COMPLY MN j Y L x N L Hi-Cnbis Van, General Motors C4500 chassis only Yes A eve cur model vear '1 4' hi-CUbc rvne van, Cflew] mv�vied. shall b-, providied. yesz 1 2 The chassis shall tae equipped as fc'.Iows Yes Maximum wheebase, 118" calls-ro-axi Yes 1.x:7, 16.0001b -mass veh i c I e we i u n t: rati a Yes t C, C, 1. . J Front GAWR 6"Olb, tapered leaf suspension Yes 1,2.4t, Rear GANk"R 1 1 000ib, multi-leaf suspension Yes l 7 Duaz rear "heels Yes 6. Rear shock absorbers Yes 2 4, (6) tires,2 BS%V AS Yes 1 .1& (6) wheels, 19,5" a 6.00" steel disc 8-ho1e. Goodyear Yes ",Z,9, Power steering Yes 0, Ilvdraulic front and rear d isc b ra es Yes 1 1. 2V I _SOA afternaror Yes I 2 - I I [CC rLinnini-I ]""[Its Plus standard lialits inchjdnil StC), reverse. vla, plan., nd 4- - I , tiara. Wav Yes I., Mud flaps Yes L2.`4. 40g fuel tank, driver's side >t13 1,5. The vehicle shall be equipped with a hi -cube van body jncladMg Yes l 1,5,6, Full undercoating Yes Rear LL or grab liandlcs, qt7, Past 5 of 18 0 1 .5. The drive train shall be eCjUipped as follows- yesz 1..x.1. ti 61. diesel entline, 3 ),0 0h p, i201 b ft Q 11 Y Yes ... 1.3 .2. Dual 12V 75OCCA automotive battery ' Yes 1,3J_ Different'al ratio 4.78 Yes r 1.x.4, Dry type air f i Iter Yes 1.x.5. Cartridge tune oi I al ter, d isPosable tN pe Yes i 1.3 , , Fuel filter Yes Yes 1.3.7, Heavy-duty cooling system Yes �Orlvx 13.& Hcavv-dury automatic 4-speed transmission - ove 1,5. The vehicle shall be equipped with a hi -cube van body jncladMg Yes l 1,5,6, Full undercoating Yes Rear LL or grab liandlcs, qt7, Past 5 of 18 0 1 .4. The vehicle cab area si be equipped as follovvs: yesz 1 .4, 1, Frecl, air heater and defrosters Yes Yes 1,42, Call) a 1r cond ition ing Yes 1 3, AM.'FM radio Yes 1.4,4. Dual hr r. back bucket seats wits'Point scatbelts Yes 1 Ar5. Sun visors and arm rests, driver and passenger seats Yes 1.4,6, Interrnittent windshield wipers with washers Yes Yes I , 4 , 7, '2V dome lie it Yes 1,4,8, Passenger side grab handile I . .9. Due' rear view mirrors, external, Manuel SAN in:;-aV.- LVPC with standaed top and convex bottom section, retractable and adjustable 1,5. The vehicle shall be equipped with a hi -cube van body jncladMg Yes l 1,5,6, Full undercoating Yes Rear LL or grab liandlcs, qt7, Past 5 of 18 0 SoccitiuovOfv� lor� Ciry o Maplem,(Ki& %IN CC4500 COMMERCIAL ELI- , rANv.-kY-DlESE1, DURAMAX Dic,el ()600 — ii [if" 0 Diesel Ell'aule s- Speed AlIison €00t) Series A Lit 0 ul,k I iC "s nth OVel i e 40 Gallon Pov�el 16,000 lb, Mininuill 7 000 Ils. Tapered Leaf Front Suspcn ion Italti I IPN) lbs, I-Beani I I (sx) S is gl S peed Reat Ax le i6l 1,1 x 19, FAII SC—Is011 Radial 6) 19 5 x 6,00 Dual Rear Wheels Miscellaneous Accessaries RlCUB F VAN BODY Bak:k - Up -Xlal`lu Alutninum F'Ull 0pCnH1k Fuji Width Steei'l.readpiaLe Standard Light.s includine Stopf L P hack Cp and ICC RunviinL Lkdn HI CUBE VAN BODY DIMENSIONS AND EQUIPMENT: rior Heialli: K- 1 €a-Ches Munniurn In ior W;dth I rior Loads : Nliniu' n vehicle Dods shall include rear al)(i side MOUMe " Wneleil Whelan 7 0A00 FAR, sTnib MWI �10 c li u� : r d t .it and real unt ' €t el FA� % ) k shall be mounted inside ofthe w1hicle box, at tile eal� ncadel. 1 advisms, Dual adjustable 'I 2V halc)-Z'eu flOOdlie'lus i ` ( r 1 €i ht placenienz on the inside of the box allows the operator to *alp €', Udji,lsE ihCul %sllile SUM (111 the inside ofthe irwk bos facing C ,Nard. Floodlights that are mounted on the outside of the vehicle shall be deemed unacceptable due to the awkNkardness of M. Report on Camera Systems Purchased by Other Cities Staff has had conversations with the cities of Moundsview, Fridley, Bloomington, Richfield, Hastings, and Inver Grove Heights. All of these cities have purchased camera equipment in the last several years. The majority of them, five cities, have purchased the Aries camera equipment. The cities who purchased the Aries camera equipment all expressed their satisfaction with the high quality of the equipment. They have experienced minimal minor repair occurrences, with most repairs being done in- house. The customer service received from Flexible Pipe Tool Company, the supplier of the Aries equipment, has been exceptional. The City of Bloomington purchased the Cues equipment in May of 2006. Their camera has been in service for five months and has been sent to Cues Manufacturing in Florida on two occasions for repairs. Clearly the Aries camera system would be the most cost - effective equipment to own, with the minor repair history the other cities have experienced. TO: Greg Copeland, Interim City Manager FROM: Bruce K. Anderson, Parks and Recreation Director DATE: October 30, 2006 for the November 13 City Council Meeting SUBJECT: Outfield Fence Replacement INTRODUCTION Agenda Item J2 Adult softball is our largest adult athletic program. We currently have over 150 teams participating on an annual basis. The vast majority (90 -plus percent) of the adult softball games for men, women and co -rec are played at Goodrich Park. Goodrich Park was constructed in the mid `70s and consists of three adult softball fields. BACKGROUND We currently have over 2,000 adults participating in our summer and fall softball leagues. The program consists of offering leagues with varying levels of skill and competitiveness for church, co- rec, men's and women's athletes. Goodrich Park has served as our major adult softball complex for over 30 years. The fields have served our department and community well, but the reality is they are getting tired. The standard for softball fields in the mid 70s was 275 feet for outfield fences. These fields were constructed at that standard. During the past 30 years, between the quality of equipment, improved physical size of players and overall skill levels, the fence distance of 275 feet is no longer the standard. The current standard is 300 feet. In addition to having the fields shorter than ideal, the fences are in very poor condition. We have experienced minor injuries not just due to the fence condition, but also the fence height. The fence height is currently at five feet which allows players to get hung up on the top of the fence on occasion and the top rails are in poor condition. Staff has received two formal bids for replacement of the five -foot -high, chain link fence with ten -foot- high, vinyl coated chain link outfield fences. The bid also includes the removal of the existing fence. One bid was from Century Fence of Forest Lake for $69,833 and the second bid was from Modern Fence of Little Canada for $49,925. Staff recommends that the low bid from Modern Fence be accepted for $49,925. The fence replacement would repair and replace old, dangerous five- foot -high fencing, provide increased field distance to the increase in height from five to ten feet and also be more aesthetically pleasing. Staff recommends that the replacement fence be paid from the city park development fund and the finance director be authorized to make the necessary budgetary changes. Staff has also received a formal letter from Modern Fence indicating that they will honor their bid until November 15, 2006. The price of steel and materials has cause for frequent increases in pricing. RECOMMENDATION Staff recommends that the city council authorize the award of bid for outfield fences to Modern Fence in the amount of $49,925 for Goodrich Park with the monies to be allocated from the city park development fund. kphloutfield fence .goodrich.park- os- trails.mem Attachments: 1. Modern Fence & Const. bid 2. Century Fence Company bid 3. Fences and Gates Code 11/01/2006 WED 10:28 RAX 651 426 5335 MODERN PENCE Q001 Attachment 3 :..:, Modern Fence DATE & Const., Inc MO RYAN LN. - LITTLE CANADA, MN 55117 • 6511426.4097 - FAX 6511426-5335 BID 1 Address Phone t7vV- - Fax Taken By.. 5 P U W5O-77. 1 L W, W p I TAXINCLUDED YES XNO 0 COST • PERMITS INCLUDED 0 EXCLUDED>(, INSTALLED OR IN PLACE YES XNO ri PER PLAN & SPEC. YESX�40 r-1 .L 4 LUMP SUM 7 7 PRICE I UNIT PRICES DESCRIPTION; 4�- �- e l l e . .,� �1 � � ww is ��.Yl. i l.r° .,^. -4 r ...,.._.....,... f ...- .� I rp'r,�- T...r� ..�! J�'i .Pq � r Poet -W Fax Nato 7671 1 Datc / /,,,,. 01 I encne;r I enone n I FaX fl, lFax;; 1 10/20/2006 09:21 FAX 6514647377 CENTURY FENCE CG. 4ENTUry FENCE COMPANY 0 SINOE-1917 "THE ;MARKOFPERMANIENC,*E Office Toll free Fax Cell [a 001 /002 651-464- ATAchment 3 800-328-9558 651-464-7377 612-309-2148 Email swilson@centuryfence.com P,O. Box 277 Forest Lake, MN 56025 Phone; 651-240-2150 Fax: 651-249-2009 10/2012006 Ship To: Proposal To: GOODRICH PARK CITY OF MAPLP-WOOD ATTN. MARK MARUSKA 1830 COUNTY ROAD S EAST MAPLEWOOD, MN 55109 Scope of Work: Remove and dispose of existing 5' high outfield fence on fields 1-3 Furnish and install per Section 02880.- Fences and Gates All materials are 100% black vinyl coated Field #1: 460 I.f. Field #2. 470 I.f. Field #1 450 Lf. Each field to have an opening in center field 1,380 If. of 10' high chain link fence complete with top, middle and bottom rails (12) 3 11 end posts Total $69,833.00 Proposal Is valid for 10 days Acceptance; This proposal when accepted in writing by purchaser and by Century Fence Company's Main Office becomes a contract between two parties. The conditions on the attached "Terms and Conditions" sheet are made a part of this contract. Terms of Payment: Net Cash upon receipt of Invoice, r/9 / , /) Buyers signature Date Submitted by Steve Wilson 2 Attachment 3 SECTION 02830 FENCES AND GATES 1.01 SUMMARY A. Section Includes: 1. Chain link fence 2. Gates 1.02 REFERENCES A. ASTM A53, Specification for Pipe, Steel, Black and Hot-Dipped, Zinc-Coated Welded and Seamless. B. ASTM Al20, Specification for Galvanized Standard Weight (Schedule 40) Pipe. C. ASTM A491, Specification for Aluminum-Coated Steel Chain-Link Fence Fabric. D. ASTM 8429, Specification for Aluminum-Alloy Extruded. Structural Pipe and Tube. E. Chain Link Fence Manufacturers Institute (CLFMI) Product Manual. 119 1 2.01 FENCE POSTS A. The pipe shall be Type 1, Schedule 40, standard weight, round steel pipe with galvanized coating weighing not less than 1.8 oz per sq. ft. of coated surface, complying with ASTM F1 083, and the following requirements. 1. Posts a. Fence height 3.5` to 6': 2.5" O.D. 3. Top and Bottom Rails: 15/8" O.D. 4. Intermediate or Diagonal Bracing: 1 5/8" O.D. 5. Gate Posts: refer to Manufacturers recommendations. 6. Gate Frames: refer to Manufacturers recommendations. B. The above pipe diameters are the minimum allowable. The actual pipe diameters I and weights of the fence posts I and -1 rails I - s I h , al , I - b , e determined ed b . y the installer based on local building codes, fence heights, wind speed design requirements and coverage of the fence fabric with windscreens, plywood or other wind blocking materials. M Attachment 3 2.02 FENCE FABRIC A. Black Vinyl Coating. 1. Thermally fused to aluminum or galvanized steel wire fabric. The wire fabric shall be 9-gauge by 2 inch before the vinyl coating is applied. 2. The thickness of the thermally fused vinyl coating shall be 0.007 inch. 3. The vinyl coating shall be free from pinholes, bubbles, voids, and rough or blistered surfaces. The color of the vinyl coating shall be the same color, hue, and shade. Fence fabric that is non-uniform in color and appearance shall be rejected and replaced at no additional cost to the Owner. B. Fasteners. 1. To terminal posts: a. Tension bars: Minimum 1/4 inch by 314 inch. b. Clamps: 12 gauge by I inch wide. c. Carriage bolts: Minimum 5/16-inch diameter. 2. To line posts: Wire: 6-gauge aluminum 3. To rails: Wire: 6-gauge aluminum C. Tension and Brace Bands. 1. The tension and brace bands shall be 0.078" by 314" for posts less than 4" (3. D. with 5116" diameter galvanized carriage bolts. D. Tension Bars. 1. The tension bars shall be a minimum of 3116" by 3/4" galvanized steel or vinyl coated where used with vinyl coated fences. E. Tie Wire. 1. The tie wire shall be 6 gauge aluminum wire. F. Accessories. 1. Provide galvanized steel or malleable iron post caps, sleeves, clamps, barbed or razor wire support arms, hinges, gate latches, keepers, and all other accessories required for the complete installation of the chain link fence and gates. Provide vinyl coated accessories for all vinyl coated fences. 2.03 RAILS B. Top and bottom rails shall be installed on all standard fences. 2.04 DOME CAPS A. Galvanized malleable steel dome caps shall be provided at all posts. 2.05 GATE ACCESSORIES A. Gate hinges shall be galvanized steel of adequate strength to support the gate with large bearing surfaces for clamping the gate in position. The hinges,shall not twist or turn under the action of the gate under any conditions of use or abuse. 02830-2 4 Attachment 3 B. Locking devices shall be galvanized steel with a center plunger rod and catch for double gates and a forked latch for single gates. C. Disability gate latches shall be galvanized steel with an extended lever to lift the forked latch on single gate. M MM MWIT0110 A. The fence bracing shall be 1-518 inch outside diameter Schedule 40 galvanized pipe as required. PART 3 EXECUTION 3.01 INSTALLATION A. Remove and dispose of brush, trees, and other obstructions that interfere with construction of the fence. B. Lay out and measure the fence line parallel to the contour of the ground. C. Post Setting. 1. Set standard corner, end, intermediate pull, and gate posts into concrete footings with a minimum diameter of 12 inches and a minimum depth of 48 inches. Place the posts such that bottom of the footing is 6 inches deeper than the bottom of the post. Place the concrete in a continuous pour and tamp around the posts for consolidation. Line posts may be air driven to a minimum depth of 4 feet. The top of the posts shall not be deformed at completion. Replace all deformed or damaged posts. 2. Crown the tops of the footings to shed water. 3. Space standard fence posts a maximum of 10 feet on-center. 4. Provide a concrete footing for the plunger rod with a minimum depth of 48 inches. D. Posts and Rails. 1. Set the terminal posts at the beginning and the end of each continuous, straight-line length of'fence and at abrupt changes in vertical or horizontal alignment. 2. Set line posts at intervals stated above, measured parallel to the grade of the fence. 3. Install intermediate pull posts at a maximum interval of 200 feet. 4. Install a continuous top rail. Install the top rail through loop caps on the line posts. Provide sleeve splices in the top rail and only cut the pipe at the ends of runs. Install a bottom rail with terminations at each post. 5. Provide horizontal bracing at corner posts, terminal posts, and intermediate pull posts. Install the bracing at the mid-height of the fence, between the corner, terminal, or pull posts and the next adjacent line post. Fasten the bracing to the posts with brace bands and carriage bolts. 02830-3 5 Attachment 3 E. Fabric. 1. Stretch the fabric to the proper tension between the terminal posts as recommended by the manufacturer. Fasten the fabric securely to the framework. 2. Attach the fabric to the terminal posts with tension bar clamps and carriage bolts. 4. Attach the fabric to the line posts at intervals of 15" on center, and to the top, and bottom rails at intervals of 24" on center for all standard fences. 5. Install the fabric a maximum of V above the finished elevations. F. Gates. 1. Provide manually operated, hinged gates of the sizes indicated. Furnish all required hardware, latches, and locking devices. 2. Assemble the gate frames With welds or with specially fabricated fittings. Paint welds with aluminum based paint upon completion. 3. Attach the gate fabric to the gate frame at 15" intervals on all sides. Use the same fabric as the adjacent fence. 4. Provide latches, plunger bar if required, and padlock hasps at all gates. G. Adjustments. 1. Hardware and Accessories. a. Adjust all hardware, including cantilever gate latches, and locking devices for the proper operation without sticking, binding, or dragging. 2. Repair and Replacement. a. Repair or replace at no additional cost to the Owner all fence materials, gates, and posts damaged by the construction work prior to the completion and final acceptance of the work. This includes, but is not limited too, all the work associated with the General Contractor and all Subcontractors. H. Adjust the tension rods and brace rails for rigid installation. 1. Properly tighten all fasteners, hardware, and accessories. J. Remove all excess materials and debris from the project site. K. The fence installation shall be in accordance with the manufacturer's instructions and performed by skilled installers experienced in fence installations. L. The concrete shall comply with all applicable provisions of minimum compressive strength of 4000 psi at 28 days and a size of3 /4". Refer to Section 03300 for additional requirements. MINK M41 ASTM C94 with a maximum aggregate 0 Agenda Item J3 MEMORANDUM TO: Greg Copeland, Interim City Manager FROM: Bruce K. Anderson, Parks and Recreation Director DATE: November 6, 2006 for the November 13 City Council Meeting SUBJECT: M.G.C. Liquor Provider INTRODUCTION The Maplewood Community Center has utilized Suzanne's Cuisine as our exclusive liquor provider for the past ten years. The arrangement has worked extremely well and one of the benefits that we have experienced is to have Suzanne's Cuisine be not only the liquor provider, but the full food provider as well. City staff made a business decision this year to re -bid the full food and beverage contracts to include a greater number of food providers with the understanding that we would select one sole liquor /beverage provider. BACKGROUND Specifications were developed and two proposals were received: one from Prom Catering and the second from Dan Good Catering. The proposals for liquor provider were received and read aloud on September 28, 2006. During the past month staff formerly interviewed each of the catering firms and the police department has done preliminary background checks. The formal interviews were conducted with the two caterers on Wednesday, October 25. The two interviews were extremely different. Prom Catering was represented by owner Bill Givens and Julie Slipka, Director of Sales & Marketing. Dan Good Catering was represented by Dan Nelson, owner of BeBop Bar & Grill and Dan Good Catering. The different perspectives could be summed up by Prom Catering coming from the perspective of liquor being a supplement and complement to food provision, whereas Dan Good Catering came more from a liquor first perspective. Both firms would do an excellent job for the Maplewood Community Center. One significant difference of the two proposals is that Prom Catering provided a 25% commission to the city, as opposed to Dan Good Catering's at 40 %. The difference in the dollar amount based on the 2005 liquor revenue of $40,000 would be $6,000. Although this is a significant dollar amount, it is the consensus of community center manager Linda Crosson, events and operations supervisor Russ Schmidt and me that Prom Catering be recommended as our exclusive liquor provider. Our recommendation is based on the following experience: • Prom Catering has a proven track record of over 60 years experience throughout the Twin Cities and nationwide. In addition, they had the exclusive liquor license at Keller Golf Club for over 25 years with no reported incidents from the Maplewood police department. • All of Prom's personnel are members of Local 17 union and they have been certified in T.I.P.S. (Training for Intervention Procedures). • They have had no insurance claims or alcohol- related violations in their 60 -year history. This includes the 28 -year record as a liquor provider in Maplewood without any incidents in regard to their liquor license. • They currently provide $10 million in insurance, which is over our required $1 million coverage. • They are located in nearby Oakdale, which would allow them to send over additional beverage supplies or even staff on a very short notice. An additional positive from our perspective is that Prom Catering is one of the five selected food providers. The ability to coordinate food and beverage for one event is certainly advantageous to our guests as well as general, overall administration of the contracts. As I indicated, one issue that does separate the two is the dollar amount. Based on the lower cost for beer and liquor from Dan Good Catering, which is approximately 25 %, the cost differential is reduced to closer to $4,000. Because Dan Good's liquor prices are lower than that of Prom Catering the difference in the actual revenue the community center receives is minimal. For example, the community center would get only an additional $7.50 per keg from Dan Good so the 15% difference between Dan Good and Prom is somewhat deceiving. Staff is well aware of the financial issue, but we believe from a business perspective the benefits of going with a long -term, established food and beverage caterer like Prom is positive. As a service provided by the city of Maplewood, the police department is concerned that the responsible dispersing of alcohol is taken seriously by those offering this option to supplement and accentuate catering services. RECOMMENDATION Staff recommends that Prom Catering be selected as the sole liquor provider for the Maplewood Community Center effective January 1, 2007, pending a successful, detailed background check by the Maplewood police department. kphlliquor provider cc06.mcc Attachments: 1. Prom Catering Proposal 2. Dan Good Catering Proposal City of Maplewood Maplewood Community Center Liquor Provider Proposal (D Prom Catering Attachment 1 September 28, 2006 September 28, 2006 Bruce Anderson Director of Parks and Recreation Maplewood City Hall 1830 East County Rd. B Maplewood, MN 55109 Dear City of Maplewood and Maplewood Community Center, Thank you for giving Prom Catering the opportunity to bid on exclusive beverage service at the Maplewood Community Center (MCC). Prom Catering has been an established off premise food and beverage caterer for over 60 years both throughout the Twin Cities and nationwide. We pride ourselves on exceeding our client's expectations. Prom Catering is a preferred caterer at numerous venues and is the exclusive beverage provider for the following locations: The Prom Center, Lakes & Plains Regional Council of Carpenters, The Columbia Golf Manor, The Cowles Conservatory at the Minneapolis Sculpture Garden and The Union at St. Anthony. We provide beverage service for various venues throughout the Twin Cities. Please review the following agreement proposal with the understanding that our suggestions and price points are negotiable and are open for discussion. I would like to point out that Prom Catering has a successful track record of no insurance claims or alcohol-related violations. We recommend semi-annual meetings with the appropriate personnel to discuss client feedback and address concerns and procedures. Prom Catering emphasizes internal communication and welcomes new thoughts and ideas to ensure customer satisfaction. Thank you for your consideration and opportunity to be the Exclusive Beverage Service Provider for the Maplewood Community Center. We look forward to a favorable response. Kindest Regards, Julie Slipka Prom Catering Director of Sales & Marketing 484 Inwood Avenue Oakdale, NIN 55128 651-501-8191 phone www,promeatering.co 2 484 Inwood Avenue 0 Oakdale, MN 55128 - Phone 651-501-8191 - Fax 651-501-8199 Attachment 1 COMPANY HISTORY PROM MANAGEMENT. GROVE INC. Prom Management Group, Inc,/Prom Catering is an Oakdale, Minnesota based company comprised of a dynamic executive team with tremendous multitude of resources, energies, and passion for the work we do. Prom Catering is the on premise caterer for The Prom Center; and the off premise caterer for many venues, corporations, residences, etc. The focus of Prom Catering is to provide innovative ideas, food and beverage creativity and professional service to our vast array of clients. From spectacular gala society dinners, to the challenges of nation-wide services of specialty golf events, bike rides, and charity walks, to corporate meetings and weddings, Prom Catering is recognized for our quality in all facets of our operations. We will ensure the planning, coordination, and execution results in successful catering and client satisfaction for our various hospitality events. In over 60 years of operation, from Catering has grown to be the largest off premise caterer in the state of Minnesota serving over 1,500 single event food functions annually. This places Prom Catering in the top 15 national catering firms in dollar volume. Prom Management Group, Inc has five facilities presently under management and/or exclusivity. The Prom Center is a 35,000 square foot conference and banquet facility accommodating up to 1,000 guests for unlimited type of events. The building includes a 12,000 square foot grand ballroom, a 6,000 square-foot lobby, a conference room, and a catering taste kitchen that is used when our chefs present menu items to clients. This facility has been in operation for 7 years and is located in Oakdale, MN. Columbia Golf Course / Columbia Manor is located in Columbia Heights, Minnesota (Minneapolis Park & Recreation) and hosts many golf tournaments and catering events year round. Columbia features the short order menus as well as the full banquet and beverage service. Columbia Golf Club Manor was designed in the Colonial Revival style with influences of the Post-Medieval English style represented in its enormous fireplace. Events held at Columbia Manor may include fundraisers, wedding receptions, anniversaries, corporate meetings and golf tournaments. Prom Catering manages the clubhouse concessions, golf cart sales and is the exclusive beverage provider. • Lakes and Plains Regional Council of Carpenters & Joiners Facility is located in St. Paul, Minnesota. Prom Catering has been the exclusive caterer and beverage provider for this state-of-the-art building since it opened in 2004. This facility hosts several meetings and luncheons. The Union at St. Anthony is a new banquet facility that hosts weddings, banquets, and celebrations of all kinds. Prom Catering is the exclusive caterer and beverage provider. • Cowles Conservatory at the Minneapolis Sculpture Garden is a unique venue offering banquet space with tropical foliage all encompassed in a glass dome! Prom Catering is the exclusive Beverage provider for this Minneapolis Parks and Recreation facility. Prom Catering 3 C2 484 Inwood Avenue . Oakdale, N 55128 . Phone 651-501-8191 . Fax 651-501-8199 Attachment 1 BEVERAGE OPERATIONS Prom Catering will provide Beverage Services at T Maplewood Community Center in a first- class manner accordance with all laws regulations, and ordinances, and business standards and practices. * Provide highly trained and fully qua personnel needed for effective Beverage Services who are TIPS certified. * Dress attire for bertemder(x ) will bciu clean black and white tuxedo uniforms provided by Prom Catering. All bartenders will boio complete uniform before guest arr -1 bartender per lQD guests uya general rule (Manager will staff appropriately moao event basis) • Educated and informed staff of The MCC logistics and changeover procedures. • Provide a beverage service manager to be your main on-site contact to over operations for all events for service consistency. • We will ensure u favorable working environment with all food caterers working noevent. • Prom Catering will supply all necessary and appropriate accoutrements (ioe, mixes, garnishes, cocktail napkins) for the bar service. • Prom Cat staff will serve guests who can produce a valid picture ID and reserves the right to refuse service to anyone who cannot produce a valid ID or shows signs of intoxication. • Prom Catering omnmbi glassware with the followi up charges for additional requests: \. Glass Glassware available at the Bur - $2,00 per guest 2' Glass Wine or Champagne Glasses for the dinner tables -$l.5O per guest Or additional $1.00 per guest if glass glassware is being ordered for the bar. No Chargefor glass classwnre {atn ' ispronidin dmfood��ice. 3. Cor lee for client providing own wine orchampagne -$l0.00 per bottle provided that other bar services ioavailable. • Services such as clearing beverage vvoce, tra and debris will be provided by Prom Catering on an as-needed basis during the event, and upon conclusion of each event. Proo, Catering will clear all areas and remove necessary trash and equipment from the building after each event. • In addition to the puobugzs offered, Prom Catering will be happy to b/UY customize the beverage brands and can offer specialty services, such us1henledbars; Bloody Mary Bar, Mar Bar Margarita Burotu.PoocuCateringimfleoib|eundatrh'omtouuoun:oumtonmer sa1iatbodou. 9uonz Catering will procure and maintain all appropriate licensing and insurances un long osthis agreement imimeffect: • State Liquor license • Cedifinateof Liability Insurance � [n-sale liquor license holder in City of Maplewood - pending Pro �� . 0�~� � 4 c` 484 1x`vuo6 Avenue " (]akJaJc. NlN 55128 ° Phone 651-501-8191 " EItx 651'601'8199 Attachment 1 To ensure continuity in communication and prompt service, we will provide two sales persons to handle all bar service inquiries and proposals. We pride ourselves on returning calls and proposals in a timely fashion. Please keep in mind that Prom Catering has a successful track record of no insurance claims or alcohol-related violations. We recommend semi-annual meetings with the appropriate personnel to discuss client feedback and address concerns and procedures. Prom Catering emphasizes internal communication and welcomes new thoughts and ideas to ensure customer satisfaction. a, Financial Arrangements Prom Catering proposes the following revenue sharing agreement if awarded the exclusive beverage service contract: Prom Catering offers the following percentages payable to MCC. 0 25 % of all beverage (alcohol and non-alcohol) consumption on the final gross bill excluding tax and gratuity. • One complimentary employee lunch (MCC staff) to be arranged with Prom's sales executives for date selection and times. ( Prom Catering's chef's choice.) b. Fees/Costs • Prom Catering's beverage information package is enclosed to address per person costs, tax, and gratuities. Menu and price changes generally occur at the beginning of the calendar year and will be communicated to MCC on a timely basis. • Prom Catering has full beverage capabilities and will be happy to fully customize the beverage brands and can offer specialty services, such as themed bars; Bloody Maly Bar, Martini Bar, Margarita Bar, champagne cocktails, etc. Prom Catering is flexible and strives to ensure customer satisfaction. • Advertising — Prom Catering believes in targeted exposure for advertising its venues and services. We currently advertise in various wedding publications, trade magazines and website ads. These may include, but not limited to The Wedding Guide, The Wedding Directory (Twin City Bridal), The Perfect Wedding Guide, MN Bride, and Minnesota Meetings & Events, Yellow Book, and Quest Dex. Our website generates a high volume of hits (nearly 3,000 visitors to promcatering.com monthly) and we list the various venues we cater at with a direct link available. In addition to our website, we are on the knot, and My Twin Cities Wedding website. We (Prom Catering) have the trust and respect of clients contacting us for assistance in venue selection We would actively promote the Maplewood Community Center through venue referral and direct link website exposure. • Marketing — Prom Catering is an active member in numerous associations and affiliations. These include the following professional organizations — Greater Minneapolis Convention and Visitor Association, Rotary Club, St. Paul Chamber of Commerce, International Special Events Society, St. Paul Convention and Visitors Bureau, National Association Catered Executives. Prom Catering has exhibited in wedding shows and the MME Expo. High emphasis would be applied to market the Maplewood Community Center through networking events and membership meetings. Our combined sales and marketing efforts for social and corporate events have had successful results for present facilities managed by Prom Management Group, Inc. 484 Inwood Avenue . Oakdale, ININ 55128 . Phone 651-501-8191 - Fa_N 651-501-8199 Attachment 1 c. References • The following dates are listed for City of Maplewood representatives to attend and observe Prom Catering's banquet service in an actual event setting. 1. October 2, 2006 Dinner/Trade Show at Prom Center, 300 guests Bar service 4 -10P 2. October 7, 2006 Wedding at Prom Center, 400 guests Bar Service 330P — I IP 3. October 7, 2006 Bat Mitzvah at Circus Juventas, 250 guests Bar service 7 -11P Prom Catering Experience — Event References Prom Catering caters to a wide array of events with a range of guest attendees. Some previous events include: Less than 6 months — - Wedding — Sep. 9, 2006 at Van Dusen Center 150 guests Full cash bar in Carriage house. - Woodbury Public Safety Board — Sep. 11, 2006 at Prom Center 300 guests — Fundraiser - Full cash bar - Wedding — Sep. 22, 2006 at Minnesota Boat Club 130 guests - Full cash bar One Year - - Mounds Park Academy — April 2005 300 guests — Fundraiser Full cash bar — specialty tropical drinks - Woodbury Chamber Gala — January 27, 2006 at The Prom Center 238 guests — community members, politicians, dignitaries Wine service / Martini huge / Full Cash Bar Three Years — - 3M Quarter Century Club, October 4, 2003, Prom Center 180 Guests Annual Fall Dinner and Dance — Specialty drinks - Hobbit Travel 350 guests Holiday Party Full cash bar PROM CATERING STAFF AND PERSONNEL Sheila Dooley— Beverage Manager Sheila has been managing our beverage service for over 21 years for Prom Catering. Her extensive experience and can do attitude result in customer satisfaction. Rich Hafner — Bartender Rich is a seasoned staff member (7yrs) with experience in off site bartending and people skills. Francis Asuncion — Bartender Francis excels in customer service and satisfaction. Sandy Romero — Bartender Wealth of experience... 14 years with Prom Catering. Prom Catering 6 C7 484 Inwood Avenue . Oakdale, NIN 55128 - Phone 651-501-8191 - Fax 651-501-8199 Attachment 1 Prom Catering 7 Cj 484 Im-vood Avenue . Oakdale, NIN 55128 0 Plione 651-501-8191 - Fax 651-501-8199 Cowles Conservatory at Minneapolis Sculpture Gardens Martini Line at From Center Attachment 1 Prom Catering Full Beverage Service Pr ©m Catering 8 484 Inwood Avenue . Oakdale, ININ 55128 . Phone 651-501-8191 0 Fax 651-501-8199 Attachment 1 CASH BAR & COMBINATION OPTIONS A $350 minimum is required for all cash bars plus an hourly charge of $20.00 per bartender per hour. If the minimum is not met, the difference will be charged. House Brand Mixed Drinks $4.50 House Brand Cocktails $5.50 (Martini/Manhattan/Gimlet) National Brands Mixed Drinks $5.50 National Brand Cocktails $6.00 (Martini/Manhattan/Gimlet) Cordials Drambuie, Kahlua, Amaretto, Bailey's, Grand Marnier $7.00 Black Russians, Rusty Nail, Sex on the Beach, etc. $7.00 House Wine Chardormay, White Zinfandel, Merlot $5.00/glass Domestic Beer MGD, Miller Lite, Michelob Golden Draft Light $4.50/btl. Premium Beer Heineken, Summit Pale Ale, Amstel Lite $5.00/btl Soft Drinks $1.50/glass Pepsi, Diet Pepsi, Sierra Mist KEG Beer 16 gal. Domestic $250.00 8 gal. Domestic $125.00 Imports $275.00 + up Prom Catering 9 CY 484 Inwood Avenue * Oakdale, ININ 55128 . Phone 651-501-8191 . F -x 651-501-8199 9022 (8-93) i5ztate Of iflinne,60ta NO. 01-4948 JDt"partilit'lit of jJ11111ir 1 afttilj (Galllilfilli� Eliftirallirlit Divi!iiall CATERER'S, PERP111 Prom lylanageme-rit Group Inc. Prom Caterin) - -1 46-'1 Inwood A 1\1 Oakdale, rflhl 55128 HAS BEEN ISSUED THIS LICENISrIPERNUT BY THE STATE OF MINNESOTA PURSUANTTO MINNESOTA STATUTES CHAPTER 340A AND RELATED REGULATIONS EXPIRES vctoi Gambling Enforcemem Dit Alcohol & THIS LICENSEIPERMIT MUST BE CONSPICUOUSLY DISPLAYED OF P f w a 661 Maplewood Community Centei DAN GWO CATERING 0�� lf?� Attaoment 1 U) (0 (a k_-, ILIUM 11 1009 109' N.E., Blaine, MN 55434, Phone (763) 218-3089 . Fax (763) 767-7292 Attac Dment 1 C3 a Dan Good Catering provides full service catering, party planning, and event management services. Our liquor service includes a bartender(s), all liquor from rail pour to top shelf brands, keg beer, bottled beer, wine, champagne, cups, napkins, fruit garnishes, juices, and soft drinks. We are a very flexible caterer that works with our clients to ensure that all the details of their event are not only met but exceeded. Pricing Dan Good Catering would like to work directly with the Maplewood Community Center (MCC) when considering a price change. A pricing method should be selected only after careful consideration between MCC and Dan Good Catering. Together, both parties should decide upon the amount of markup necessary to ensure a profit or desired percentage of return on investment. Pricing must stay competitive with other catering services in the area, Dan Good Catering's liquor pricing can be found on the last page of our menu. We currently charge a $95.00 bar service fee which covers one (1) bartender, supplies, and transport of the goods to and from the event location. Service Our service staff is the focal point of our beverage operation. They are professional and are trained to treat all guests with respect and courtesy. It is their priority to ensure that each guest leaves with all their needs met. History Dan Good Catering has been in business for over 12 years, and the owners have over 50 years of combined food and beverage experience in the catering industry, including country club, hotel, and restaurant management. Financial Dan Good Catering proposes the offering of 40% of all gross liquor sales. In doing so, we would like MCC to realize the commitment Dan Good Catering has in forming a true partnership. DAN GOOD CATERING 12 1009 109 N.E., Blaine, MN 55434 . Phone (763) 218-3089 . Fax (763) 767-7292 Attachment 1 (X:j) (C (Cl References Tristy Meier 651 -207 -3358 September 4, 2005 220 Guests WCC (Washington County Courthouse) Sarah Dufresne 651 -553 -1170 July 8, 2006 175 Guests SCC (Shoreview Community Center) Erin Elmore 651 -818 -4388 April 23, 2005 120 Guests SCC Nate Ekwall 612 -529 -0901 October 2, 2004 250 Guests SCC Tony Karsnia 651- 278 -2421 June 11, 1005 250 Guests SCC Staff Dan Nelson {owner /Operator 27 Years in food and beverage industr Including country club, hotel, and restaurant Currently co -owner of Dan Good Catering and BeBop Sports Bar & Grill. Dan was employed in Maplewood for five years and is very familiar with the city Leslie Bellamy Owner /Operator 20 Years in food and beverage industry Currently co -owner of Dan Good Catering and BeBop Sports Bar & Grill Cindy Dupay Lead Server Shelly Briggs Donna Marsh Tammy Weeden Angie Peterson 12 Years experience in liquor and food catering 20 Years experience in event management 15 Years experience serving and bartending 20 Years experience bartending 10 Years experience serving and bartending 9 Years experience bartending Dan Good Catering has available a large pool of experienced employees from our other corporation Blaine Grill, Inc. should the need dictate. DAN GOOD CATERING wmmrp .^.4awa♦ Fp Cvary CKCxvan 13 1009 109"'Avenue N.E., Blaine, Iv1N 55434. Phone (763) 218 -3089. Fax (763) 767 -7292 Y) Attachment 1 (C3 This proposal is to be completely installed and personnel indoctrinated in its use in the authorization for liquor provider services between Dan Good Catering and the Maplewood Community Center. In addition, our staff will offer suggestions and/or recommendations, should the occasion arise, for areas of improvement or corrections not covered in the Request From. These findings will not be implemented or developed without full approval from the MCC. Respectfully Submitted, DAN GOOD CATERING Dan Nelson, Owner Date DAN GOOD CATERING 14 1009 109"' Avenue N.E., Blaine, MN 55434. Phone (763) 218-3089. Fax (763) 767-7292 i"- ,ta t i GIN Attachment 1 ps qrn, (4qu) i 5ziatv lafmillurnilota NO. 014440 PE 111 Ll I a i n e G r i 1. 1 1 Ti t„, SiZj 109th Cive 1 Dl�r,d.rie, lylhl 554,34 HAS BEEN ISS UEDTHIS LICENSE/PERMIT BY THE STATE OF MINNESOTA PURSUANT TO MINNESOTA STATUTES CHAPTER 340A AND REL,-VfED REGULAIJONS i.� ww EXPIRES 2 0 0 Alcohol & GaniblIng Ell Director THIS LICENSEIIIElnlff MUST BE CONSPICUOUSLY DISPLAYED or PJ)" or 17 nt 1 WAWA ------ - HOLDER. - THIS - CERTIFICATE DOES NOT AMEND. ��XTCNU UM ? !nC- ALTER THE COVERAGE AFFOaDFD BY THE POLICIES BEEO 2610 uaiva=sitv w IMS2JRER- GE NAiC >t. Paul 1-ai S5114 Bad(Te= Mutual First Dakota indemnity Blaine: Grill 111c ......... .. Re -Boos snorts Bar iOO9 109ti, eve I'M lal 55 71aive COVERAGES INSURED NAMED ABOVE P THE POLICY F =2300 jIjOjCArED- NOT VV1THSTIT0VG ANY THE POLICIES OF INSURANCE LIST5 BaLOIN HAVE E c SUED ORM PERTAIN, THE '05 ANY CONTRACT OR OTHER DOCUMENTWITH R�SPECT To W�41CH THIS CEM IFICATEMAY BE IS pE0UIR=M= TERIM OR c0.kjO1TIC+I USJSCT TO ALL THE TERMS, EXCLUSIONS AND COFIDITNONS OF SUCH POUCISS EIN I$ S SUR-T-JCE AFFORDED IN BY THE POLICIES DESCRIBED HER- AGGR -CCATE UIMTS SHOWN MAY HAVE BEEN PEDUCED By P AID CLA C-wr-r ICY EXPIRA I f4 I'D- NCT�=Pa E tw,vocNy . I LIMITS NSURANC=- POLICY NUMBER A7EPAMID o0o, 00o I-TR INS110 IYPE OF 12/31/2005 12/31/2006 �-.,C, GEIIERAL LIABILITY OAI,!,�GETOIREN -v k 100,000 is X ,? 5,000 ME 1,000,000 2, 00o, Doo 1,000,000 I GAPAGELIAS(LIT'( R CLAli y;ap.j':ERs cohii`NSATION AND EMPLOYERS' LIAB ILITY CUNV- ED? R :VcLUD 0714= Liquor Uabilit' III- �up.Y {Fe! �cvst, BDDILY 1h _,OPE.RTYDA14AGE (=v ecdcGntv I AIIJTOONIL`: wc2000027:2001 o1/o1,/zU0G 01 7o1 /2007 I 100,000 J-00, 000 500,0()0 !2/3 fa Doc 5100 S`00, AD 05-y �� - - CIAL P �I.JjjEri !SFERVASICTM URSC�IpTjotj OF it is Inde-,stood and agreed tae certi E4 ca-,e holder - 4!; named general liability add t4ona CERTIFICATE HOLDER ACOPD 25 (2001108) IN$025 ,G AMS CANCELLA SHOULD I Y 0- —,HZ ;,Bov=- OB�cp.ja-D POLICIS- - SE CANCEi-LSD BE -SAYOR - 0 !C � � 10VE E 'iE CAT- T E -0 ll, -.i= C=R7 T'- L- ,40 -. jO= T o KLDE, Z ,ELF r R! ASIUT Y OF ANY K'NO UPo" - " E jeff"C- W. F 22 rL, AUTOmCSILS LIABILITY A0YAUTO OltiN D AU - S S . , i FE0 AU T OS AUTOS I GAPAGELIAS(LIT'( R CLAli y;ap.j':ERs cohii`NSATION AND EMPLOYERS' LIAB ILITY CUNV- ED? R :VcLUD 0714= Liquor Uabilit' III- �up.Y {Fe! �cvst, BDDILY 1h _,OPE.RTYDA14AGE (=v ecdcGntv I AIIJTOONIL`: wc2000027:2001 o1/o1,/zU0G 01 7o1 /2007 I 100,000 J-00, 000 500,0()0 !2/3 fa Doc 5100 S`00, AD 05-y �� - - CIAL P �I.JjjEri !SFERVASICTM URSC�IpTjotj OF it is Inde-,stood and agreed tae certi E4 ca-,e holder - 4!; named general liability add t4ona CERTIFICATE HOLDER ACOPD 25 (2001108) IN$025 ,G AMS CANCELLA SHOULD I Y 0- —,HZ ;,Bov=- OB�cp.ja-D POLICIS- - SE CANCEi-LSD BE -SAYOR - 0 !C � � 10VE E 'iE CAT- T E -0 ll, -.i= C=R7 T'- L- ,40 -. jO= T o KLDE, Z ,ELF r R! ASIUT Y OF ANY K'NO UPo" - " E jeff"C- W. Agenda Item K1 November 8, 2006 TO: City Council FROM: Greg Copeland City Manager RE: Adoption of 2007 Electric Franchise Tax Rates for Xcel Energy Customers On October 23, 2006 Staff was directed to negotiate 2007 rates for the Electric Franchise Tax following a second reading of the new franchise tax ordinance. On October 26, 2006 the City Attorney, Finance Director and I held a conference call with representatives of Xcel Energy. After lengthy discussion I proposed reducing the total annual revenue to be collected under the tax by approximately $150,000 from a total of approximately $1,150,000 to $1,000,000. On October 27, 2006 the City Attorney advised me that Xcel Energy agreed to the proposed new revenue total and would send a letter to their customers to give them the required 60 -day notice of the changed rates. The customer letter listed the following rate changes: Current Tax Proposed Tax Residential Customers .50 $ 2.70 Small C &I- Non Demand $ 1.00 $ 5.40 Small C &I- Demand $ 6.00 $ 32.40 Large Commercial and Industrial $45.00 $243.00 The collection of the new electric franchise rates would be effective on February 2007 bills. Please see the attached chart illustrating the approximately 5% property tax reduction for 2007 which adoption to this fee schedule will now make possible. The total property tax reduction is approximately $748,000. Also attached is a list of the proposed expenditures for the 2007 Electric Franchise Tax Revenues. Recommendation: Adopt the rate schedule proposed by Xcel Energy for incorporation into the Electric Franchise Tax Ordinances adopted on October 23, 2006. 2007 Budget Expenses Proposed Use of Electric Franchise Taxes in 2007 Electric and Gas Utility Charges City Hall and Other Buildings $296,940 Maplewood Community Center $244,990 Street Lighting $180,000 Utility Rights of Way Maintenance $103,380 Energy Conservation Projects $ 46,400 Moderate /Low Income Home Weatherization $ 32,000 $903,710 2007 Budget Revenues 2007 Electric Franchise Tax Collections January 2007 $ 15,000 February 2007 to December 2007 $916,660 Total Projected Collections $931,660 Available to Budget 98% $903,710 NET TAX REDUCTION WITH PROPOSED ELECTRIC FRANCHISE TAX Taxable 2006 Estimated 2007 Proposed 2007 Your Home Value Residential Residential Net Total Property Tax Electric Reduction (1) with Franchise Tax Reduction Proposed Electric Increase (2) In Taxes Franchise Tax $150,000 $26 $24.20 $ 1.80 $204,600 $35 $24.20I0.80 $300,000 $51 $24.20 $26.80 $400,000 $68 $24.20 $43.80 (1) 5% reduction in the 2007 proposed maximum property tax levy for the City of Maplewood. (2) Based upon flat rate of $2.70 per residential electric meter, per month with collections beginning with the February 2007 Xcel Energy bill. Agenda Item L1 AGENDA REPORT TO: Greg Copeland, Interim City Manager FROM: Charles Ahl, Pubic Works Director /City Engineer SUBJECT: Century Avenue Improvements (1 -94 to Lake Road), City Project 03 -15, Ramsey County Review of Project Details DATE: November 2, 2006 INTRODUCTION Ramsey County, in cooperation with Maplewood, Woodbury, MnDOT and Washington County, is proposing a major reconstruction of Century Avenue between 1 -94 and Lake Road. Dan Soler, Ramsey County Traffic Engineer, will be present to provide an update on project details, including some major right of way acquisition and construction timing issues that will occur over the next 2 -4 years. No action is required by the City Council on this item at this time. Background The project is a turnback of Trunk Highway 120 from MnDOT to the Counties and has been under review and the subject of various studies since early in 2003. A joint submittal for federal funds by Ramsey County and Maplewood was supported by Washington County and MnDOT and has successfully identified nearly $5.0 million in federal money for the project in 2008 and 2009. Because the roadway will change jurisdiction from a trunk highway to a joint County Roadway, MnDOT is also providing major funding for the improvements. The project also includes improvements to Valley Creek Road, east of Century Avenue, within the City of Woodbury and Washington County. Preliminary analysis and environmental analysis occurred in 2003 and 2004. Ramsey County has been conducting preliminary design and has prepared a right of way plan during 2005 and 2006. The project schedule identifies property acquisition to occur during the next 12 — 18 months (through all of 2007, into 2008) with the final design of the project to be completed in 2008 and construction to start in 2009. It is anticipated that a majority of the project will be completed by the end of the construction season in 2009. Attached is a map showing the project limits. Mr. Soler will be explaining the project impacts, which could be significant to a couple of Maplewood businesses at the Upper Afton Road — Century Avenue intersection. Attached is a copy of the parcels identified for acquisition of right of way and easements on the project. Mr. Soler will explain the County's process for right of way acquisition. The City of Maplewood's share of this multi - million dollar improvement has been estimated at $315,000. We anticipate that it will be covered by a combination of assessments to adjacent properties and Municipal State Aid Funds. We anticipate that money being necessary in 2008 and 2009. Public Hearings by the Council will be necessary in early 2008 as part of that process. Numerous hearings and meetings were held in 2004 to make residents and property owners aware of this upcoming major project. RECOMMENDATION No action is required by the city council at this time. Attachments: 1. Location Map 2. Right of Way Acquisition List PLAN SYMBOLS IS E NNE ET STREET LIGHT COUNTY NNE TELEPHONE PETE 'S GAS MAIN TDi4NSHIP OR RANGE NNE SECTION NNE WATER MAIN QUARTER LINE TREPHONE VAULT ELECTRK: VAULT SIXTEENTH NNE EXISTNG RIGHT OF WAY NNE - - - - -- PROPOSED RIGHT OF WAY UNE PROPERTY NNE SN SEWER CORPORATE OR CITY LIMITS SANITARY SEWER RA ROAD MANHOLE RAILROAD RIGHT —OF —WAY CANE VALES CAR RIVER OF CREEK CONTROLLER CABINET CULVERT CABLE C HYDRANT CABLE TELENS BURIED GUARDRAIL FIBER OPTIC CASES WQOD FENCE TRAFFlC SIGNAL NNE BARBED WIRE FENCE WVVEN WARE FENCE — — CHAIN LINK FENCE �- 11MBER WALL S ONE WALL WEIR DRIVE HEDGE RAUN) D CROSSING SIGN — 3 z CROSSING GATE +- MEANDER CORNER o SLOPE EASEMENT (CONST. UMITS) — MARSE[ 13,280 DECIDUOUS TREE 10,300 16,480 CONIFEROUS TREE BUSH OR SHRUB MINOR ARTERIAL NVODS MINOR ARTERIAL CATCH BA N FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS, BRIDGE 4 IRON PIPE OR ROD 4 MONUMENT (STONE, CONCRETE OR METAL) a "GOOEN HUB e UTILITY SYMBOLS GUY GUY O ANC ANCHOR w b ET STREET LIGHT # TELEPHONE PETE 'S GAS MAIN 0.589 MILES WATER MAIN — TREPHONE VAULT ELECTRK: VAULT m TEIF.P CABLE ELECTRR C O IC CABLE m C"J — —�s— SN SEWER -- SANITARY SEWER sw— MANHOLE CANE VALES CAR DG CONTROLLER CABINET HI CABLE C HYDRANT CABLE TELENS BURIED $( u FIBER OPTIC CASES — re-re -- TRAFFlC SIGNAL NNE TRAFFIC SIGNAL HAND HOLE -- SCA IN FEET PLAN PROFILE HORIZ. Iso PROFILE VERT. - INDEX MAP CENTURY AVENUE CROSS LENGTH 9940 00 FEET 1.884 MILES BRIDGE LENGTH EXCEPTIONS - - -- ____ NET LENGTH 9948.00 FEET 1.884 MILES T 1 I �1 q * \ 1 A l .ava D� 1 l— r 'fib % �'_ -- _ MALEWOaD n Pi o " -.. APP EO 11 6S `F i x.s - Al p Q / 1 - K 1 P a` — G�� qsb RC c. (q A R rte" 'T Oa VALLE CREEK ROAD I CROSS LENGTH 3110.00 FEET 0.589 MILES BRIDGE LENGTH ---- - - -- EXCEPTIONS - - -- - -__ NET LENGTH 3110.00 FEET 0.589 MILES - GOVERNING SPECIFICATIONS - OAKDALE l END SAP. 62- 672-05 CTS END SAP. 82- 625-03 CTB CENTURY AVENUE STk 382 +67.00 WOODBURY BEAN SAP. S. VAU_EY CREEI STA. M5+65,00 /j STX 136- i91 / BEGIN S.A.P. 62 BEC�7N S AP. 82 CENTURY AVER STA.283 +21.00 RAMSEY COUNTY DEPARTMENT OF PUBLIC WORKS PLAN FOR RIGHT OF WAY ACQUISITION FOR RAMSEY COUNTY ® AVEN CENTU AVENUE S.A.P. No. 62- 672 -05 CTB (C SAH 72) S.A.P. No. 82- 625 -03 CTB (CSAH 25) BETWEEN: LAKE ROAD AND BROOKVIEW DRIVE/WOODBINE AVENUE BEGINNING: AT A POINT 345,03 FEET EAST AND 261.12 FEET SOUTH OF THE SOUTHEAST CORNER OF SEC 12, T28N, R22W ENDING: AT A POINT 7.72 FEET EAST AND 968.15 FEET SOUTH OF THE NORTHEAST CORNER OF SEC 1. T28N, R22W VALLEY CREEK ROAD S.A.P. No. 82-615 -20 CTB (CSAH 16) BETWEEN: CENTURY AVENUE AND WEIR DRIVE BEGINNING: AT A POINT 2.53 FEET WEST AND 315.31 FEET NORTH OF THE WEST QUARTER CORNER OF SEC 7, T28N, R21W ENDING: AT A POINT 460.26 FEET UST AND 196.42 FEET SOUTH OF THE CENTER OF SEC 7, T28N, R21W INDEX SHEET NO, DESCRIPTION 1 TITLE SHEET 2 -3 TYPICAL SECTIONS 4 -12 ALIGNMENT PLAN 13 -14 RIGHT OF WAY CHART 15 -36 PLAN SHEETS 37 -48 PROFILES THIS PLAN CONTAINS 48 SHEETS I PIER, HY CERTIFY THAT THIS PLAN OAS PREPARED BY ME OR UNDER MY DIRECT CUPERMSION ARD THAT I AM A DULY LICENSED PROFESGIUNAL ENGNEER UN - THE LAWS OF THF N OF MYN _ ......... -._. _.— RED. D _. DATE 2-95 CTS ] CTB RECGM.MENDE FFN APPROVAL ➢ATE RAMSEY CUUN ENO NEER RECUMM AUEU FGR APPROVAL -- — .- _.___._ DATE - -- tYhSHINGFON WUN,' E4GINEER .I A111111D _ All crY Hr MAPLOVOOO - - - -- - -- APPROVED RATE CITY OF WOOHBURY -- - p,Aw BY S HRITZ, D NEYER DAr B- R9 -n36 BB BY &HRITZ OAT[ 9- 29 -20J6 MINNESOTA DEPARTMENT OF TRANSPORTATION PLAN REVISIONS FOR PLANS AND UTILITIES SYMBOLS SEE I \ �i �Q"I �1 I YE (1 ` �ow+..'`£o_ — ro MN/DOT TECHNICAL MANUAL. T ) - GOVERNING SPECIFICATIONS - THE MINNESOTA DEPARTMENT OF TRANSPORTATION "STANDARD DESIGN DESIGNATION CENTURY AVENU LAKE ROAD TO CEMURY AVENUE LOWER AFTON RD LOWER AFTON TO LONDIN LANE TO VALLEY CRFE K CENTURY TO SPECIFICATIONS FOR CONSTRUCTION" SHALL APPLY. LOWER AFTON BROOKV DR. CENTU AVE, WEIR DRIVE CONFORM TO THE MMUTCD, INCLUDING FIELD MANUAL PRESENT ADT (2006) 8,300 14,000 9,100 ALL TRAFFIC CONTROL DEVICES AND SIGNING SHALL PROJECTED ADT (2026) 13,280 22,400 14,560 10,300 16,480 FUNCTIONAL CLASS MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL MINOR ARTERIAL FOR TEMPORARY TRAFFIC CONTROL ZONE LAYOUTS, TRAFFIC LANES 4 4 4 4 a SEE HTTP:/ /WWWDOT.STATE.MN.US /TRAFFICENG/ PARKING LANES 0 0 0 n RAMSEY COUNTY DEPARTMENT OF PUBLIC WORKS PLAN FOR RIGHT OF WAY ACQUISITION FOR RAMSEY COUNTY ® AVEN CENTU AVENUE S.A.P. No. 62- 672 -05 CTB (C SAH 72) S.A.P. No. 82- 625 -03 CTB (CSAH 25) BETWEEN: LAKE ROAD AND BROOKVIEW DRIVE/WOODBINE AVENUE BEGINNING: AT A POINT 345,03 FEET EAST AND 261.12 FEET SOUTH OF THE SOUTHEAST CORNER OF SEC 12, T28N, R22W ENDING: AT A POINT 7.72 FEET EAST AND 968.15 FEET SOUTH OF THE NORTHEAST CORNER OF SEC 1. T28N, R22W VALLEY CREEK ROAD S.A.P. No. 82-615 -20 CTB (CSAH 16) BETWEEN: CENTURY AVENUE AND WEIR DRIVE BEGINNING: AT A POINT 2.53 FEET WEST AND 315.31 FEET NORTH OF THE WEST QUARTER CORNER OF SEC 7, T28N, R21W ENDING: AT A POINT 460.26 FEET UST AND 196.42 FEET SOUTH OF THE CENTER OF SEC 7, T28N, R21W INDEX SHEET NO, DESCRIPTION 1 TITLE SHEET 2 -3 TYPICAL SECTIONS 4 -12 ALIGNMENT PLAN 13 -14 RIGHT OF WAY CHART 15 -36 PLAN SHEETS 37 -48 PROFILES THIS PLAN CONTAINS 48 SHEETS I PIER, HY CERTIFY THAT THIS PLAN OAS PREPARED BY ME OR UNDER MY DIRECT CUPERMSION ARD THAT I AM A DULY LICENSED PROFESGIUNAL ENGNEER UN - THE LAWS OF THF N OF MYN _ ......... -._. _.— RED. D _. 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Q N m y t N Z m w ^ � h ro C U F Q O W U W Q N W 1- W W Z O > O N F- �.., w w � N o m m m v CC w 5 O Q �w0 Q Q N N o aw to Z J n rn m N oT w a> a O O r r to N rn O N (7 W L ^ tl n o m o Z a < (J N N c7 a F- 0 W Z O U y N Q a N V) Lu x w CL a z Y W Y w J J W > CL U CL U J J J J ¢ w W m J J d 0 0 Q J > J > LL w O LL 0 w = U y U > O O O F] w w H U U J w J J _ U 2 U m U = Q > Q > N ¢ ❑ O Q ❑ a CL o 2 o w Q O o O w ¢ r w w 3 Y 3 Y W 0 0 Q d if1 Q a N Q > N W 3 d' W 3 �c1 Z O H OC W O a N 0 N w N O r 0 0 m N m N O r o 0 m N m N O r O 0 m N m N O r o 0 a N m N O r 0 0 a N m N O r 0 O Z J v n r m w U Q d O O N T N U) M t7 Q Agenda Item L3 AGENDA REPORT TO: Greg Copeland, City Manager FROM: Charles Ahl, Director of Public Works /City Engineer Erin Laberee, Assistant City Engineer SUBJECT: Maplewood Pavement Management Policy Approve New Assessment Rates for 2007 Improvement Projects DATE: October 30, 2006 INTRODUCTION AND BACKGROUND The Maplewood Pavement Management Policy has established assessment rates based on the type of improvement procedure proposed for a given project. Assessment rates were established to cover approximately 30 -50 percent of the cost of improvements on the local streets and less on the State Aid (MSA) streets. The policy, established in 1999, calls for the assessment rate to be adjusted each year. As the engineering staff will be meeting with next year's neighborhoods, these rates need to be established for the 2007 construction season. The portion of projects financed by assessments in past years has been approximately 30 %. It is recommended that the rates for the street and storm sewer improvements be increased significantly over the next few years. A 10% increase in the assessment rates will result in an increase in the portion of projects funded by assessments by 3 to 4 %. The justification for an increase in street assessments is based upon the substantial increase in bituminous costs. The City has seen the cost of paving material increase nearly 100% in the past two years. While bituminous is not the entire cost of a project, it generally represents up to 25% of the total project cost. The 10% increase should provide a percentage of cost paid by assessments into the 33 -35% range. It is also proposed to increase storm sewer assessments by 10% due to the increase in requirements that have currently been placed upon the city by the non - degradation plan. Further treatment of storm water runoff is now necessary and these increased expenditures are proposed to be partially passed onto benefiting properties within each project. It is likely that similar adjustments in the street and storm sewer rates will be recommended each of the next couple of years to reflect these market factors. Similar factors have not been noted within the sewer and water construction costs. The normal construction cost factor representing inflationary adjustments of 3% are justified. The assessment rates for 2006 were increased by 3% from 2005. It is recommended to increase the 2006 rates by 10 %for street and storm sewer improvements and 3% for all other utility improvements as they have minimal impact on project budgets. All rates shown are residential and have been rounded down to the nearest $10. Commercial rates are handled on an individual basis, but are typically figured on a front - foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 (Res. Rate/75x1.5) to get the front -foot commercial and multi - family residential rate. Street Improvement Procedure 2005 2006 Increase 2007 1. Complete street reconstruction: $4380 $4510 (10 %) $4960 2. Partial reconstruction /unit: $3280 $3370 (10 %) $3700 3. Bituminous surface replacement /unit: $2300 $2360 (10 %) $2590 4. Mill & overlay /unit: $1640 $1680 (10 %) $1840 Agenda Item L3 Other Improvement Rates 2005 2006 Increase 2007 5. Storm drainage /unit: $ 680 $ 750 (10 %) $ 820 6. Cash connect charge - water: $2810 $2890 (3%) $2970 7. Water service w /new main construction: $1070 $1100 (3 %) $1130 8. Water service w /tap to existing main: $1330 $1360 (3 %) $1400 9. Cash connect charge - sewer: $2810 $2890 (3 %) $2970 10. Sewer service w /new main construction $1070 $1100 (3%) $1130 11. Sewer service w /tap to existing main: $2000 $2060 (3 %) $2120 RECOMMENDATION Staff recommends that the city council approve the attached resolution adopting the 2007 assessment rates as outlined above and in the Maplewood Pavement Management Policy. Attachments: 1. Resolution RESOLUTION ADOPTION OF THE 2007 ASSESSMENT RATES WHEREAS, the Maplewood Pavement Management Policy has established set assessment rates based on the type of improvement procedure proposed for a given project, and WHEREAS, the policy, established in 1999, calls for the assessment rate to be adjusted each year, and WHEREAS, feasibility studies have been ordered for the 2007 construction season, and WHEREAS, the assessment rates must be established to accurately complete the studies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. The updated assessment rates are approved for all construction in the city of Maplewood during the 2007 construction season. 2. All rates shown are residential. Commercial rates are handled on an individual basis, but are typically figured on a front -foot basis. They are calculated by dividing the residential rate by 75 and multiplying by 1.5 {Res. Rate /75x1.5} to get the front -foot commercial and multi - family residential rate. Street Improvement Procedure 2007 1. Complete Street Reconstruction: $4960 2. Partial Reconstruction /Unit: $3700 3. Bituminous Surface Replacement /Unit: $2590 4. Mill & Overlay /Unit: $1840 Other Improvement Rates 5. Storm drainage /unit: $ 820 6. Cash connect charge - water: $2970 7. Water service w /new main construction: $1130 8. Water service w /tap to existing main: $1400 9. Cash connect charge - sewer: $2970 10. Sewer service w /new main construction $1130 11. Sewer service w /tap to existing main: $2120 Agenda Item L4 MEMO November 6, 2006 TO: City Council FROM: Greg Copeland City Manager RE: Selection of Firm to Coordinate City Manager Hiring Process On October 19, 2006 City Council was provided material provided by each of the search firms now available to assist in the coordination of the hiring of a City Manager. The chart below is a recap of the fees proposed by each firm. Two firms Springstead Inc. and Stone Murphy are not taking on any new search assignments at this time. Brimeyer Group, Inc. $22,000 plus an estimated $3,000 to $4,000 in expenses Chandler Group 33% first years cash compensation plus expenses Personnel Decisions International (PDI) $19,500 plus expenses Sathe Executive Search $25,500 plus expenses Talent Management Consulting, Inc. $36,800 - $57,600