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HomeMy WebLinkAbout1991 09-23 City Council PacketAGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 23, 1991 Council Chambers, Municipal Building Meeting No. 91 -17 A. CALL TO ORDER B. .PLEDGE OF ALLEGIANCE C. ROLL CALL D. APPROVAL OF MINUTES 1. Meeting No. 91 -17 (September 9, 1991) 2. Council /Manager Meeting of September 10, 1991 EA. PRESENTATIONS to Proclamation: Local Programming Week - October 5 - 12 E. APPROVAL OF AGENDA F. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine b the City y Council' and w i l l be enacted by one motion. There w i l l be no separate discussion on these items. If a member of the City Council wishes to discuss an item, that item w i l l be removed from the Consent Agenda and will be considered separately. to Approval of Claims 2. Final Plat: Highwood Estates No. 2 3. Conditional Use Permit Review: 1255 Cope Ave. Northern Hydraulics) 4. Conditional Use Permit Review: 1285 Cope Ave. (Englewood) 5. 1990/1991 City Manager Review G. PUBLIC HEARINGS 1. 7:00 p.m., Easement Vacation: Burke Ave 2. 7:10 p.m., Lot Division and Subdivision Code Variation: 1230 Sterling St. 3. 7:30 p.m., Conditional Use Permit: Demont Ave. (Kavanagh) 4. 7:40 p.m., Intoxicating Liquor License: 1734 Adolphus, Scott Winer H. AWARD OF BIDS I. UNFINISHED BUSINESS I. Ramsey/Washin Counties Suburban Cable Commission Appointment 0 2. Re for Temporar Si 2223 White Bear Ave, 3. White Bear Avenue - Project 89-12 Jo NEW BUSINESS 1. Re For No Parkin on East Shore Drive 2. Resident Re for Three-Wa Stop - Count Road C and C 3. Suburban Cable Commission (SCC) Office Space Lease: 1902 E. Count Road B 4. Approval To Advertise For Bids,* Emer Preparedness 5,. Re to Add Approved and Budgeted Full-Time Police Officer and Part-Time Police Officer K. VISITOR PRESENTATIONS L. COUNCI PRESENTATIONS Me ADMINISTRATIVE PRESENTATIONS I. Liti Update.: Closed Session 2 3* 4* N e ADJOURNMENT / MINUTES OF MAPLEWOOD CITY COUNCIL 7:00 P.M., Monday, September 9, 1991 Council Chambers, Municipal Building Meeting No. 91 -17 A_CALL TO OR_ A regular meeting of the City Council of Maplewood, Minnesota was held in the Council Chambers, Municipal Building, and was called to order at 7:00 P.M. b Ma or Basti y y an. Be PLEDGE OF ALLEGIANCE C. ROLL CALL Gary W. Bastian, Mayor Present .Dale H. Carlson, Councilmember Present Frances L. Juker, Councilmember Present George F. Rossbach, Councilmember Present Joseph A. Zappa, Councilmember Present D. APPROVAL OF MINUTES 1. Council /Manager Meeting August 15, 1991 Councilmember Zappa moved to approve. the minutes of , Council/Manager Meet ng_ of August 15, 1991 as ,presented, Seconded by Councilmember Carlson Ayes - all 2. Meeting No. 91 -16 (August 26, 1991) Councilmember Zappa moved to approve the minutes of Meeting No. 91 -16 August 26, 1991) as corrected. Page 2, Item K -1, b: Revise to: "Mayor Bastian asked Mr. Berglund to contact the County Attorney if he had any information supporting certain statements relating to the City Council." Seconded by Councilmember Rossbach Ayes - all E. APPROVAL OF AGENDA Mayor Bastian moved to approve the Agenda as amended: L. COUNCIL PRESENTATIONS: I. Short Term Mall Traffic 2. Roselawn Avenue: Reply - Commissioner Norgard's letter 3. 1295 Lark Avenue 4. Reschedule October 14, 1991 Meeting 5, Mayors Update Seconded by Councilmember Carlson Ayes - all 1 9 -9 -91 F CONSENT AGENDA Counci 1 Member Zappa moved. seconded by Mayor. Bastian; ayes all , to approve the consent Agenda items F -1 through F -7 as recommend 1. Approval of Cl aims Approved the following claims. ACCOUNTS PAYABLE: $1,175,048.31 1 $1,358,028.76 PAYROLL: $ 191,704.39 $ _10.232.01 $ 201 $19559 Checks #22826 - #22903 Dated 8 -14 -91 thru 8 -30 -91 Checks #14631 - #14764 Dated 9 -9 -91 Total Per attached voucher /check register Payroll Checks dated 8 -30 -91 Payroll Deductions dated 8 -30 -91 Total Payroll GRAND TOTAL 2s Revision of Public Hearing Date Revised the dates scheduled for the Public Hearing(s) on the 1992 Budget from December 2nd and 15th to December 2nd and 12th (Continuation Hearing date if needed).. 3. Budget Transfer Request: Air Conditioning Repair Authorized a budget transfer of $13,000 from the Contingency Account (101 - 119- 000 -4910) to the City Hall Maintenance - Repair & Mai ntenance /Equi ment Account (101- 110 -000 -4430) for repair of the air conditioning unit. 4. CDBG Joint Cooperation Agreement Approved the following Resolution. 91 -09 -106 THREE -YEAR JOINT COOPERATION AGREEMENT WITH RAMSEY COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT WHEREAS, the City of Maplewood has participated in the Community Development Block Grant program in the past and may wish to in the future and, WHEREAS, the City supports the designation of Ramsey County as an entitlement agency. NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood approves the joint cooperative agreement with Ramsey County. 5. Conditional Use Permit Review: 2555 Hazelwood Ave. (Growing Room Inc.) Reviewed and renewed for. five years the Conditional Use Permit for Holy Redeemer Church to operate a day -care center at 2555 Hazelwood Avenue, 2 9 -9 -91 6. Budget Transfer Request: Maintenance Agreement for Election Machines Authorized a budget transfer from the Contingency Account (101- 119 - 000 - -4910) to Elections - Repair & Maintenance /Equipment 101 - 304 - 000 -4430 to cover the cost of a two -year maintenance contract. 7. Replacement of Part -Time Accountant Authorized the replacement of the Finance Department Part -Time Accountant, Go. PUBLIC HEARINGS 1. 7:00 P.M. Sterling /Schaller - Project 87 -45 (4 Votes) a. Mayor Bastian convened the meeting for a public hearing regarding a trunk storm sewer outlet for the ponds that receive runoff from the properties north of Linwood Avenue and east of Sterling Street. b. Manager McGuire presented the staff report. c. City Attorney Kelly explained the procedure for public hearings. d. Director of Public Works Haider presented the specifics of the report. e. Mayor Bastian opened the public hearing, calling for ro onents or opponents, p P Pp The following persons were heard: Tom Wood, 2420 Hillwood Drive James Kayser, 2516 Linwood Ave. E Al Jiranec, 2480 Linwood Ave. Kirk Hugo, 2437 Linwood Ave. David Stahnke, 2383 Linwood Ave.(Also speaking for Mother Ione Peterson, 2401 Linwood Ave. Charlotte Wirnen, Hillwood Drive f. Mayor Bastian closed the public hearing. g. Councilmember Zappa introduced the following Resolution and moved its approval: 91 -09 -107 ORDERING IMPROVEMENT AFTER HEARING WHEREAS, after due notice of public hearing on the construction of bituminous concrete curb and gutter, storm sewers, utilities, and appurtenances on Sterling Street, Schaller Drive, and Hillwood Drive, City Project 87 -45, a hearing on said improvement in accordance with the notice duly given was duly held on September 9, 1991, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 3 9 -9 -91 1. That it is advisable, expedient and necessary the City of Maplewood construct bituminous street with concrete curb and gutter, storm sewers, utilities, and appurtenances on Sterling Street, Schaller Drive, and Hill wood Drive, City Project 87 -45 as described in the .notice of hearing thereof, and orders the same to be mIade . 2.. The City Engineer is designated engineer for t h i s improvement and is hereby directed to prepare final plans and specifications for the making of said improvement.. 3. The project budget is amended to $ The project financing shall be as follows: MSA $ 634 Special Assessments 1,348,500 Total $1,983,000 Seconded by Councilmember Juker Ayes - all H. AWARD OF BIDS 1. Holloway Ave., Beebe to Furness - Project 87 -14 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. C. Councilmember Zappa introduced the following Resolution and moved its adoption: 91 - 09 - 108 AWARD OF BIDS BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Danner, Inc. in the amount of $229,392.25 is the lowest responsible bid p for.the construction of Holloway Avenue, Beebe to Furness, City Project 87- 14, and the Mayor and Clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the City. FURTHERMORE, the project budget is amended to $298,200.00 and the project financing is amended as follows: North St. Paul per cooperative agreement $124,270.00 Ramsey County per cooperative agreement 65,740.00 Municipal State Aid 1194095.00 $352,050.00 Seconded by Councilmember Rossbach Ayes - all 2. Highwood /McKnight Storm Sewer Outlet - Project 90 -10 a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa moved to re,iect the bids and rebid the project. Seconded by Councilmember Rossbach Ayes - all 4 9 -9 -91 I. UNFINISHED BUSINESS 1. Code Change: Single and Double Dwellings (2nd Reading - 4 Votes) a. Manager McGuire presented the staff report. b. Director of Community Development Olson presented the specifics i f i cs of the report, port. C. Mayor Bastian asked if anyone wished to speak before the Counc regarding n this w as heard: g g matter. The following Michael Jordan, designing at Mayh i l l & Ivy d. Counci lmember Rossbach introduced the followinq Ordinance and moved its ado ti ORDINANCE NO, 691 AN.ORDINANCE ABOUT THE FRONT YARD SETBACK REQUIREMENTS AND BUILDING LDING LOCATIONS FOR SINGLE AND DOUBLE DWELLINGS THE MAPLEWOOD CITY COUNCIL HEREBY ORDAINS AS FOLLOWS: Section 1. Section 25 -65 is changed as follows: Sec. 25 - 65. Approval of plans. (a) The Director of Community Development shall review all 1 . p plans . for minor .. constructs on . The Director shall also review plans for single dwel 1 i n s where required b Code. The City � g ' q y t • y Council shall define minor construction by dollar valuations set by res i on from time me to time. me . Before approving i n the plans, the ° pp g p • ,. Director must determine that the plans meet all Cit ordinance City s and policies, .including the design standards in section 25- 70(b). The Director may send an tan that he or she reviews y y p s to the Community Design Review Board. The Director shall send a copy of any approved plan to the City Council. (b) Anyone may appeal the Director's decision to the Communit Design Review Boar Community g d within fifteen (15) days after the Director sends a co of the a copy pp ved plan to the City Council, The Board's decision shall be final, unless someone appeals it to the City Council 1 wi th i n f ifteen � decision. pp i fteen (15) days after the Board's (c) The Community Design Review Board shall review all other lans. The Boa P ard s decision shall be. final , unless someone appeals it to the City Council with y n fifteen (15) days after the Board's decision. However, no person shall revise a plan that the p • p City Council originally approved without their approval. (d)-This section shall not apply to interior construction, repair, maintenance, p � underground tanks or the same -style replacement of building arts such as a new roof, door or windows. Section 2.Section 25 -66 (1) of the Design Review Board ordinance is changed as follows: (1) To review all building plans, except proposals excluded from review under section 25 -65. Sign applications shall be reviewed as stated in article III of chapter 36. p Section 3.Section 36 -6 (definitions) is changed by revising the definition of building area as follows: 5 9 -9 -91 Buil.ding area: The area of a lot that is covered by buildings or has part of a building extended over the lot. Building area shall not include cornices, eaves, gutters, unenclosed decks or patios, or buildings with 120 square feet or less of area. Section 4. Section 36 -70 in the R -1 Residence District (single family) is changed as follows. Sec. 36 -70. Front yards. Each dwelling shall have a front yard setback of at least thirty (30) feet, but not more than thirty -five (35) feet. Except that, if the majority of the dwellings on the same side of the same street and within three hundred and fifty (350) feet of the lot to be built on have a predominant front yard setback, then all dwellings or additions on that lot shall conform to that predominant setback. The Director of Community Development may allow a different setback if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of adjacent homes. 2. The proposed setback would save significant natural features, as defined in Section 9 -188. 3. The proposed setback is necessary to meet City, State or Federal regulations, such as the pipeline setback or noise regulations. 4. The proposed setback is necessary for energy- saving, health or safety reasons. 5. The house is in a new development planned with larger setbacks. The City shal 1 cons i der the front yard setback as a minimum for accessory b u i l d i n g s . The City may approve a conditional use permit to construction a building addition, or part thereof, into a required setback. (Code 1965, 904.040; Ord. No. 576 1 ' 1-14 - 85) Section 5. Section 36 -78 in the R -1 district is added as follows: Sec. 36 -78. Dwelling orientation on interior l ots . The front of a dwelling on an interior l of shall face a public street, unless the dwelling does not have an apparent front side. The front is generally the longer g er g y g side of the building and has a front door. The front wall may have up to a thirty (30) degree angle from the street line. If the front wall has an angle, the city shall use the longest section to determine the allowed angle from the street line. This section shall not apply to corner lots. The Director of Community Development may allow a different orientation if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed orientation would not affect the privacy of adjacent homes. 2. The proposed orientation would save significant natural features, as defined in Section 9 -1880 3. The proposed orientation is necessary to meet City, State or Federal regulations, such as the pipeline setback or noise regulations. 4. The proposed orientation is necessary for energy - saving, health or safety reasons. 6 9 -9 -91 Sec. 36 -79. Maximum building area. Building area shall not cover more 30% of the area of a lot. The City Council may approve a larger building area if they find that it would not affect the character of the neighborhood. Section 6. Section 36 -81 in the RE Residence Estate District is changed as follows: Sec. 36 -81. Permitted and conditional uses. Any permitted or conditional use permitted in an R -1 Residence District sin le C g dwelling) is permitted in a R -E Residence Estate District, Such uses are subject to the R -1 regulations, except as stated in Sections 36 -82 and 36 -83. Section 7. Section 36 -84.4 in the R -1S Small -Lot Single- Dwelling District is changed as follows: sec. 36 -84.4. Front yards. Each dwelling shall have a front yard setback of at least thirty (30) feet, but not more than thirty -five (35) feet. Except that, if the majority of the dwellings on the same side of .the same street and within three hundred and fifty (350) feet of the lot to be built on have a predominant front yard setback then all d w e l l i n g s or additions on that lot shall conform to that predominant setback. The Director of Community Development may allow a different setback if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of adjacent homes. 2. The proposed setback would save significant natural features, as defined in Section 9 -188, 3. The proposed setback is necessary to meet City, State or Federal regulations, such as the pipeline setback or noise regulations. 4. The proposed setback is necessary for energy saving, health or safety reasons. 5. The house is in a new development planned with larger setbacks. The City shall consider the front yard setback as a minimum for accessory b u i l d i n g s . The City may approve a conditional use permit to construct a building addition, or part thereof, into a required setback. (Code 1965, 904.040; Ord. No. 576, 1, 1-14 - 85) depth. Section 8. Section 36 -84.11 in the R -1S District is added as follows: Sec. 36- 84.12. Dwelling orientation. The front of a dwelling on an interior 1 of shall face a public street, unless the dwelling does not have an apparent front side. The front is generally the longer side of the building and has a front door. The front wall may have up to a thirty (30) degree angle from the street line. If the front wall has an angle, the city shall use the longest section to determine the allowed angle from the street line. This section shall not apply to corner lots. The Director of Community Development may allow a different orientation if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 7 9 -9 -91 1. The proposed orientation would not affect the privacy of adjacent homes. 29 The proposed orientation would save s i gn i f i cant natural features, as defined in Section 9-188, 3. The proposed orientation is necessary to meet City, State or Federal regulations, such as the pipeline setback or noise regulations. 4. The proposed orientation is necessary for energy-saving, health or safety y reasons, Sec. 36- 84.13. Maximum building area. Building area shall not cover more 30% of the area of a lot. The City Council may approve a larger building area if they find that it would not affect the character of the neighborhood. Section, 9. Section 36 -89 in the R -2 Double Dwelling District is changed as follows: Sec.'36 -89. Front yards. Each dwelling shall have a front yard setback of at least thirty ( 30feet but more than thirty -five (35) feet. Except that, if the majority of the dwel 1 i.ngs on the same side of the same street and within three hundred and fifty (350) feet of the lot to be built on have a predominant front yard setback then all dwellings or additions on that lot shall conform to that predominant setback. The Director of Community Development may allow a different setback if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 1. The proposed setback would not affect the privacy of adjacent homes. 2. The proposed setback would save significant natural features, as defined in Section 9 -188, 30 The proposed setback is. necessary to meet City, State or Federal regulations, such as the pipeline setback or noise regulations. 4. The proposed setback is necessary for energy- saving, health or safety reasons. 5. The house is in a new development planned with larger setbacks. The City shall consider the front yard setback as a minimum for accessory buildings. The City may approve a conditional use permit to construct a building addition or Part thereof, into a required setback. (Code 1965,.904.040; Ord. No. 576 1 1-14- 8 > Section 10. Section 36 -95 in the R -2 district is added as follows: Seca 36 -95. Dwelling orientation. The front of a dwelling on an interior lot shall face a public street, unless the dwelling does not have an apparent front side. The front is generally the longer side of the building and has a front door. The front wall may have up to a thirty (30) degree angle from the street l i n e . If the front wall has an angle, the city shall use the longest section to determine the allowed angle from the street line. This section shall not apply to corner lots. The Director of Community Development may allow a different orientation if it would not adversely affect the drainage of surrounding properties and if any of the following conditions apply: 8 9 -9 -91 1. The proposed orientation would not affect the privacy of adjacent homes. 2. The proposed orientation would save s i g n i f i c a n t natural features, as defined in Section 9 -188, 3. The proposed orientation is necessary to meet City, State or Federal regulations, such as the pipeline setback or noise.regulations. 4, The proposed orientation is necessary for energy - saving, health or safety reasons. Sec.. 36-96. Maximum building area, Building area shall not cover.more 30% of the area of a lot. The City ouncil may y approve a larger building area if they find that it would not affect the character of the neighborhood. Section 11. This ordinance shall take effect upon its passage. Seconded by Councilmember Zappa Ayes - all J. NEW BUSINESS 1. Letter to Mayor a. Manager McGuire presented the staff report. b. City Clerk Aurelius presented the specifics of the report. c. Councilmember Zappa moved to table the item. d.. Councilmember Rossbach introduced the following Resolution and moved its adoption.: 9 9 -9 -91 RESOLUTION NO. 109 RESOLUTION FOR NOTIFICATION BY PROPERTY OWNERS FOR NON -USAGE OF SEWER SERVICE FACILITIES WHEREAS, the City of Maplewood Ordinance No. 28 -23 directs the billing of sewer bill 1 sta and mailing statements; WHEREAS, the City of Maplewood Ordinance No. 28 - 23 states in part: "Statements shall be mailed to 'occupant' at the address of the property owner, except for commercial accounts" . WHEREAS, the City of Maplewood Ordinance No. 28 -26 allows adjustmen in b illing for any property for non- of the sewer service ' 9 fa cil i ties � ti es by the City Clerk i f proof i s submitted by the appl that water service has been terminated for a period not less than thirty ( 30) d ( ) y WHEREAS, vacant property owners have been granted adjustments upon proof, however, the City has lost billing revenues on said property because of failure of property owners to notify City of the change of status of g property from vacant to occupied; WHEREAS, property owners of vacant properties have stated that the y have not received past sewer-billing statements; WHEREAS, the City Clerk has kept detailed records of billing statements and has not received from vacant property owners returned billing g LET IT BE RESOLVED BY THE CITY OF MAPLEWOOD that the City Clerk is directed, when considering adjustments in billing pursuant to ' p Maplewood City Ordinance §28 -26 to obtain from the property owner or property wner's representative Y, • p a statement that its property owner and /or its assigns will notify the City of Maplewood, i is City Clerk, within thirty (30) da s of y occupancy of said property and /or renewal of water service. The City Clerk is also authorized to obtain from said property owner or its assigns a statement that failure to i g notify the City of Maplewood, specifically is City Clerk, of the change of status of property from vacant to occupied, will .result in negating •' gating all past adjustments and the City Clerk is authorized to bill and collect all past charges which shall become due and payable. Seconded by Mayor Bastian Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa 2. Street Width Variation - Eldridge Ave. West of Birmingham a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian asked if anyone wished to speak before the Council regarding this matter. The following was heard: g g Marlow Priebe, Priebe Engineering, P.A. stated that he and the developer do agree to the 4 foot latitude for setback. 10 9 -9 -91 d. Councilmember Zappa introduced the Resolution and moved its ado t' ' .-- ..�D i �n . RESOLUTION 91 - 09 - 110 STREET WIDTH VARIATION NOW, THEREFORE, BE IT RESOLVED BY THE MAPLEWOOD, MINNESOTA CITY COUNCIL that a street width variation be permitted on Eldridge Avenue and C urve urve Street from Birmingham Street to Belmont Avenue as provided in Section 29 52(b) of City Code based on the following findings: 10 "No Parking" on both sides of the proposed street rovides adequate at p q e dry v � ng width. . 2. The reduced right -of -way width is an existing condition beyond the control of the applicant. 3. Full public services (sanitary sewer, water, permanent street, and drainage) will be available for the . developable property, P p p y 4. Front yard setback shal 1 be established from 75 feet to 79 feet, Seconded by Councilmember Rossbach Ayes - all 3. McKnight Rd. Phase I I, Larpenteur to Holloway - Project 87 -04, Schedul Assessment Hearing a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. C, Councilmember Zappa introduced the following Resolution and moved its ado tion: RESOLUTION 91 - 09 - 111 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer have costs for the improvement of McKnight Road from Lar e p nteur to Holl oway, City Project 87 - 04 , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and the of such y shall file a copy proposed assessment in the City office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment notify the Council thereof. ' Seconded by Councilmember Carlson Ayes - all c. Councilmember Zappa introduced the following Resolution and moved its ado tion: RESOLUTION 91 - 09 - 112 11 9 -9 -91 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the Clerk and Engineer have, at the direction of the Council, prepared an assessment roll for the construction of McKnight Road, Phase 2 - Larpenteur to Holloway, City Project 87 -04 and the said assessment is on file in the office of the City Clerk, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 14th day of October, 1991, at the City Hall at 7:20 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. .2. The City. Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to Mai 1 notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment.roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilmember Carlson Ayes - all 4. McKnight Rd. Phase III - Beaver Lake to Conway - Project 87 -05, Schedule Assessment Hearing. a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Mayor Bastian introduced the following Resolution and moved its adopt_, i on,_ RESOLUTION 91 - 09 - 113 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Cl erk and City Engineer have costs for the improvement of McKnight Road Phase Three: Beaver Lake to Conway Avenue, City Project 87- 05. 12 9 -9 -91 NOW., THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. FURTHER, the.Clerk shall, upon completion of such proposed assessment, notify the Council thereof. Seconded by Councilmember Carlson Ayes - all d. Mayor Bastian introduced the followinq ,Resolution and moved its adoption: RESOLUTION 91 - 09 - 114 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the Clerk and Engineer have, at the direction of the Council, prepared an assessment roll for the construction of McKnight Road, Phase 3, Beaver Lake to Conway Avenue, City Project 87 -05. and the said assessment is on file in the office of the City Clerk, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA. 1. A hearing shall be held on the 14th day of October, 1991, at the City Hall at 7:40 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilmember Carlson Ayes - all 5. Footprint Lake Storm Sewer - Project 87 -32, Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report. c. Councilmember Zappa introduced the followinq Resolution and moved its adoption: 13 9 -9 -91 RESOLUTION 91 - 09 - 115 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer have costs for the improvement p of Footprint Lake Storm Sewer, City Project 87 -32. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the Cit y Office for inspection. . FURTHER, the Clerk shall upon completion of such proposed assessment, notify the Council thereof. Seconded by Councilmember Rossbach i Ayes - all d. Mayor Bastian introduced the following Resolution and moved its adoption RESOLUTION 91 - 09 - 116 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the Clerk and Engineer have, at the direction of the Council, prepared an assessment roll for the construction of Footprint Lake Storm Sewer, City Project 87 -32, and the said assessment is on file in the office of the City Clerk, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 14th day of October, 1991, at the City Hall at 8:00 p.m. to pass upon such proposed assessment and at such time and place all persons Owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 20 The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of al property affected by said assessment. 3. The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilmember Rossbach Ayes - all 14 9 -9 -91 fio McKnight Road Phase I. Larpenteur to Beaver Lake - Project 81 -20, Schedule Assessment Hearing a. Manager McGuire presented the staff report. b. Director of Public Works Haider presented the specifics of the report c. Councilmember Zappa introduced the. foll owing Resolution and moved its adoption: RESOLUTION 91 - 09 - 117 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the City Clerk and City Engineer have costs for the improvement of McKnight Road from Larpenteur Avenue to Beaver Lake, City Project 81 -20. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,. MINNESOTA that the City Clerk and City Engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the City Office for inspection. FURTHER, the Clerk shall, upon completion of such proposed assessment, notify the Council thereof. Seconded by Councilmember Carlson Ayes - all d. Mayor Bastian introduced the following Resolution and moved its adoption: RESOLUTION 91 - 09 - 118 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the Clerk and Engineer have, at the direction of the Council, ----- pr- ep�rr -e-d arI - a- Sse-s- sme-n -t -r- o-1 -l-� cu 'Oft I - tM mn - ru - ct i o n of Rc-K -n! �g Ro id�fI o� - - -- Larpenteur Avenue to Beaver Lake, City Project 81 -20, and the said assessment is on file in the office of the City Clerk, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: I. A hearing. shall be held on the 14th day of October, 1991, at the City Hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. 15 9 -9 -91 3. The notice of hearing shall state the date time and lace p of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the Clerk, and that written or oral objections will be considered. Seconded by Councilmember Carlson Ayes - all 7.. Change Order No..6, Park Improvements 9 90 a. Manager McGuire presented the staff report. b. Counci lmember Zappa moved to a rove Change Order Number 6 for Park Im rov . .. _ p ements 90 and authori a . transfer from the PAC Commercial Fund to Account 403-814-386 86 4720 for pa merit Seconded by Councilmember A Zap P a es - all Ay es 8. Direct Communication Packages to State and Ramsey County a Manager McGuire presented the staff report. b. City Clerk Aurelius presented the specifics of the report, c. Councilmember Juker introduced the following Resolution and moved its adoption* RESOLUTION 91 - 09 - 119 . AUTHORIZING.EXECUTION OF AGREEMENT FOR DEPUTY REGISTRAR'S ACCESS TO DRIVER LICENSE AND MOTOR VEHICLE RECORDS BE IT RESOLVED that the City. of Maplewood, Minnesota enter into a contractual agreement with the State of Minnesota, Department of Public Safety - Division of Driver and Vehicle Services for the ro 'ect entitled p � itled AGREEMENT FOR DEPUTY REGISTRARS ACCESS TO DEPARTMENT OF PUBLIC SAFETY DRIVER LICENSE AND MOTOR VEHICLE RECORDS. Lucille E. Aurelius, City Clerk /Deputy Registrar, is hereby authors g � y zed to execute such agreements as are necessary to implement the project on behalf of the City of Maplewood, Minnesota. Seconded by Councilmember Rossbach Ayes - all c. Councilmember Juker moved to authorize transfers from the Contingenc Funds of 3 540 to the 1991 Cit Clerk Bud et and. 960 for 1992 to cover the cost of im lementin and op these communications Dacka es. Seconded by Councilmember Rossbach Ayes - all 9. Group Insurance Coverages a. Manager McGuire presented the staff report. b. Human Resources Director Blackstone presented the specifics of the report. 16 9 -9 -91 c. Councilmember Rossbach moved to approve: I. One-year contracts for health insurance coverage with. Medica and Group Health. 2. A one -year contract for life, insurance coverage with Minnesota Mutual. 3. A one -year contract for dental. plan administrative services with DCA. 4. A one -year contract for long -term disability _coverage with Schools Insurance Fund. Seconded by Councilmember Zappa Ayes all 1.0o.1810 E. Co. Rd. B - Fulk Property: Improvements a. Manager McGuire presented the staff report. b. Director of Parks and Recreation Odegard presented the specifics of the report. C. Mayor Bastian moved to g . include $5 *400 for removin part of the „block and installing an energ,yef i c i ent 16' x 14' door, Seconded by Councilmember Carlson Ayes - Mayor Bastian, Councilmembers Carlson, Juker, Rossbach Nays - Councilmember Zappa d. Mayor Bastian moved to authorize. the use of Tax Increment Funds in an amount up to $75, 565 for the renovation of 1810 East County Road B. Seconded by Councilmember Carlson Ayes - All K. VISITOR PRESENTATIONS NONE L. COUNCIL PRESENTATIONS 1. Short -Term Mall Traffic Plan a. Councilmember Rossbach moved to request staff to present an update of the Mall area traffic study_ Seconded by Mayor Bastian Ayes - all 2. Roselawn /Ripley Correspondence from Commissioner Norgard a. Councilmember Zappa asked what action Council should take to upgrade the street. b. Council consensus was that Ramsey County should initiate any work to be done there. c. Councilmember Zappa moved to send a letter to Ramsey ...County requesting they cons i der. up. rad i ng Rosel awn Avenue. Seconded by Mayor Bastian Ayes - all 17 9 -9 -91 3. 1995 Lark Avenue a. Councilmember Zappa stated he had received a complaint regarding the traffic i n . and out of 1295 Lark Avenue, b. Councilmember Zappa moved to instruct staff to investigate the activity there and report back to Council* Seconded by Mayor Bastian Ayes - all 4. October 14, 1991 Council Meeting a. Councilmember Carlson asked whether October 14, 1991 is a legal holiday. b. Staff stated October 14 is-not a holiday for City employees as it was exchanged for the day after Thanksgiving. 5e Mayor's Update Mayor Bastian reported that topics discussed at the Mayor's Forum included the Community Center and the School District. M. ADMINISTRATIVE PRESENTATIONS NONE N. ADJOURNMENT 9:55 p m. 18 9 -9 -91 tJ ' o 4-1 COTJNCTI MEETING OF THE CITY COUNCII. OF THE CITY OF MAPLEWOOD 5:30 p.m., Tuesday, September 10, 1991 Maplewood Room City Hall MINUTES A. CALL TO ORDER The Council /Manager meeting of the Maplewood City Council was held in the Maplewood Room, City Hall. The meeting was called to order by Mayor Bastian at 5:34 p.m. Be ROLL CALL Mayor Gary Bastian Councilperson Dale Carlson Councilperson Fran Juker Councilperson George Rossbach Councilperson Joseph Zappa Present Present Present Present - Arrived at 6:00 p.m. Present Others Present: City Manager Michael McGuire C. APPROVAL OF AGENDA The agenda was amended as follows: D.4. DNR Trail Councilmember Zappa moved that the agenda be approved_ as amended. The motion was seconded by Mayor Bastian and was approved. Ayes: Bastian, Carlson, Juker and Zappa Absent: Rossbach 1 D. NEW BUSINESS 1. City Manager's Performance Evaluation Mayor Bastian moved that the meeting be recessed and that the Citv Council enter a Closed Session retarding. a personnel matter. The motion was seconded by Councilmember Zappa and approved. Ayes: Bastian, Carlson, Juker and Zappa Absent: Rossbach Councilmember Rossbach arrived at the meeting at 6:00 p.m. Mayor Bastian reconvened the meeting at 6:20 p.m. Mayor Bastian moved that a Council /Mara er meeting be scheduled for Tuesday September 17, 1991 Maplewood Room, 7 :00 a.m. to continue the discussion of the City Manager's performance evaluation. The motion was seconded by Councilmember Zappa and approved. Ayes: All 4. DNR Trail Councilperson Joker commented on the need for stop signs at the intersections on the DNR trail. It was the consensus of the City Council to have Public Works Director Haider check the trail plans for stop signs and then report his findings to the Council. 2. Firemens' Relief Association Update Mayor Bastian and City Manager McGuire provided an update on the negotiations with the Maplewood Firemen' Relief Association and upcoming meetings. 3. RIWCSCC Applicant Interviews The three applicants for the City's vacant position on the Ramsey/Washington Counties Suburban Cable Commission were individually interviewed. The three applicants are Clifford McGinnis, Sandra Hughes, and Kevin Martin. E. ADJOURNMENT The meeting was adjourned at 7:00 p.m. 2 Eff - / LOCAL GABLE PROGR"MING WEEK October 6 -12, 1991 S, local cable programming brings our community's political, educational, cultural, sports, and special events to television; and WHETS, local cable programming is produced in conjunction with a variety of community groups, including District 622 School Board, AARP, and Suburban Area Chamber of Commerce; and WHEREAS, 50 plus hours of local programming are cablecast each week; and WHEREAS, Cable TV North Central and RamseylWashington Counties Suburban Cable Commission are making it possible for this community service to be brought to the City of Maplewood; and WHEREAS, 21,000 citizens in the City of Maplewood are served by Cable TV North Central and RamseylWashington Counties Suburban Cable Commission; WHEREAS, the partners in local programming are to be commended for their efforts to keep local citizens in the City of Maplewood informed, enlightened and entertained. NOW THEREFORE, BE IT RESfJLVED, that I, Gary W. Bastian, Mayor of the City of Maplewood, do hereby proclaim the week of October 6- 12, 1991, as LOCAL CABLE PROGRAMMING WEEK AND, BE IT RESOLVED, that copies of this proclamation be transmitted to Cable TV North Central as evidence of our esteem. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the City of Maplewood to be affixed this 23th day of September in the year of our Lord one thousand nine hundred and ninety -one. MAYOR AGENDA NO. F -1 AGENDA REPORT TO: City Manager FROM: Finance Director, /0 0 - RE: APPROVAL OF CLAIMS DATE: September 13, 1991 Acti by Council: fndoree - Re�ecte D to It is recommended that the Council approve payment of the following claims: ACCOUNTS PAYABLE: $ 395,629 Checks # 22895 thru # 22948 Dated 08 -30 -91 thru 09 -11 -91 $ 221,137.94 Checks # 14773 thru # 14883 Dated 09 - 23 - 91 $ 616,767.72 Total per attached voucher /check register PAYROLL $ 189,270.03 Payroll Checks dated 09 -13 -91 $ 38 Payroll Deductions dated 09 -13 -91 $ 22 7 ) 578-04 Total Payroll $ 844,345.76 GRAND TOTAL Attached is a detailed listing of these claims. tmc Attachments VOUCHV�EG C I T "Y 0 (-:* ri A 1`1 L C # - t �7 c 1 ! 1 !'r 1 1 ! S _ � 1. w �: 1 1 . 1 1�, 1 V + :► U :� t; E R ; is E "1 � �= K R L. 1: T S. E tit ' VOUCHER j _C:Ef C`f'. VE: N1)1)R C Ht: C.F.. V F C H E C f NUt {lBA E N tjMtk:k R DA ! E 1\1AKif S R 1P f :I:+:siii ftC!1.i1-1 1 ,' ,, : 9E : �1 4 :� ::' � /...:. ,. t. to /' =,0/9 1. •,. 1=' II t 1. 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Cl +../ TS 1 1: E E i h 4 � Lj'�7� 1. Iti �(-iL :�. �,. � i:. , i�. 5 [ t�TL � } :� E:.NG1Nt..E:.4�' N ' % ..L 4 i :)8 x 5 _, r 0 � i I ;.I I �J L � ii•I � 3. I E s� t� � . � : E i. - - 1 i . t� � } 14 a , 3 , , `�' }� ' + h j t 1 t r E. 1: q 69 1..1 i T �:E 1 E N (I I . E ; " 0 1 41 1 0 23 . �` '►.� /... ` -/ 10 ( ' I 09/ 13/9 q q 1 .L n :: 6 1, f � 4 (.) U s `: ! i�. i\ [ t 4 t: H E C C'•. 'i t �» (j I i , T E l� �. I FAR F' t~ } :C Cl U Q 9 VOU CHER/ '' -- - CHECK VE:N1)0R CHUCK VFNDCJR .1 `i Em :CT M CH NUMll: E Nl1W:8iER t)A• NAM l)t ;SC R 1P ( IUtai Ar'!tJtjN 't A MCI IJNT ' _ ..,.� 9- - '"' _ ;�� {�� 460 V .' r`:f 1 t E. Y 1• L. k. CORP FEES FO .J E. R V I t_ �. .. �.. ' 15.2 5 14 8 It 0 ii000T5, 09/Z3/91 E ARS Sk,JPPLI E ; UIP 11 ,t; 4 ............ tit A L L. t t i 3 � �, -! 9.46- -{ }•, a . ._ 1 4 _ i il. 1 I �+ 8 00 8 00 - r'1 , 9 1 SEXTO ". -. P f 4 �.. T a i k 1. N 4:7 y 41 ? p r:� 5, �� y :� 4 0 p C� 5 _ I 14862 8 09 /62. 3 9 1 S x VE RS ON t MA RL YS � F'R JFtA.M t'iE G S S kA "t t N 17.00 17 .. 0.0 ___ _.. .... - - y ---------li.'k.. # .•f :_. .� / ,t 1 "' __. _ ... Al--T - �,/ - .y �.� �• �•', - . ;�•1 !_1 P E C 1 A T i - -R A D - 1 1 �. - ,.1 � R V I C � ..t yy p l.. .... .. _ .... .. ........ . 1' 1 Ot � t� �- / R ADIO .... .. .. ....._ ..... .. . -... _. . _..... - .... ..... .._ � a --._......... ... -. ... .- - - - - - S UPPLx k`.S F:.O1.11P ; 0.4.0 85 .40 i t �,;.. t�' U - 1Ct PRODUCTS - - t_ i::1 t � i t � t•'t � t4 i l � t� 1- 3: � �. 1 0 � � r » -, 21 3 UPPL -1 c:9 - -- OFF I -C:-E. . 2 OF F I ;UPPLI 0 f" F* 1 I .. _ ... ... .. .... ............ ._. _ . -,_ .. S U 1 �' t� !«. 1. l+. ;«F L.� t� 1� I �r E Y �� . f.. M E. 4 t«. I - - - -- 9 - Q {•, "', -- - {;� t_lj � - -�t„� / - e � ..L #_.... 1 r AIJ _ - .. - . ..�= ti }.__.. � - -- -- - -- - F( ... &- - - -:MA I N i tf. - D - U I i 28 -: / R A y ` y R i �` F 1�� 1 1 A I l D I �-�+ r;. I {1 I I R P R & M A I t K • J / i.- f,.t 1 j l i t i.. 0 6 w f. 0 psis` _ R P R & M A i N t R A D .t - 2 3 8. 1 1 4 148 4: 4 •..+ 1 ,5 7 ..l ' 09 / i.. �.' f 1 s.? 1 R E 7. C H E t 1 S GUNS E Q LJ .I. t' y.. T H E t1 I I t56 a ( 0 j .{ f•' r .. 7 { «} t �. ..t r 1 14867 ;�� !:i ; y r+ } i 09 U F- f: F i A lit �: F t I C: A F k.! l: E.. �: � + [ L 10 i t.7 UPl I ES t1IP 1., b` '+9 4 y •, Z3 59 j'Iti1 _ -._.._ . _ ._ r •, ;:, ._ _. _ 0j , f / _ 2 .� f . 9 -_ _ -S Z Y f:= A t i�, A y JAN �i f: t : 1�f 1� -- t"' F't � j {� . }tE. Ca :i .., t F t~ E.. •:. t. "! ED r » + 86010 (.� / i.. •:+ / 9 1 T .J. A L 1 t.� PAR .=J L.! C' �` L ! #' .:! Y 1 i.• I._ 104.,1 7 a [ ' I•Ii� 1 4 8 ! 0 86030) 0911 3of 91 { •J r 1 s M S ./H.lR ' - t S' k.lNIk"0RM1:► 1a C1.( 18b.00 185- f.fit!0 .. 7 . 4 8 �.. � 86 .. ... ..... {� � ! 7.w r /.. • �.. ", .f:. t _ .. ..- .... ._ A K. « A p ft lJ f 1 i ` � �.. Wyk f-i 1 N '" ' " �. +..` ." J .. a L � �... .. 1.f " Z " 4 ' _ 1 ! 5 s 449 ,,6 9 !" la i 0 U T S :C D U. E:. N C� :[ ld F E l� ' f �: 6 8. 4 , -, a +� �.. j' ....... ."i +.! I C.. 8,603 .. i';. r {.� � � / i.. 3/ -a. +M' (i + [.: t .r f « R a F . S U P { - L T i..� r �..� i {� L �y ,fie 1 .4 . t J (- L f i z " •1 A N I i ; _+ t - . I A L ;� ~ l . ► { �� l « t L• 148 �; 8 i���/ti :: /91 T,AF {�El "C (:1RE: �' MAINT MA'(•C..RIAL. 1�:/ .46 .. I SU (p t 0 t H E R C: 0 N S "i 1•: C: 0 S � r: f 1.5 . I 1 21 u 1 4' 4 r, 6 1 1 _l 09/Z3/91 T E L k NOVA 1 t.: I - k k k �':� l� E 61::� i Vr:rU(=H1-tE(1 C 1 1 Y OF MAF't..EW0C1:L_) PA' E 10 awl f ;1 iy':J/ 1 �_ 1 1 1 n . � V�:rtJ ::E ►f:�R (' �1k CK Rr: -- G I TE ES - { FOR PE JD 09 i V0LJC1 -1ER/ { VE :.N). *)O C:Ht: C VE 1 r:iE4 N _. _ 11 , i NU R i NlJM13ER 1)ATE NAME l }E`.,CRIP•t II)tai hM0tjN'F AMOUNT .. ;i _...- _._..._ 8 i 1. .. _ Mini •' ! �.. "5 C . 1f 23 +ij r ,.... i. j� T #� :f:1'�t C: I 'F �- 7 E ,� `f I N C _ �� + «: _ l.l'i . I If € E N C-i . 1�t F E . �, 1t, :. :; �. " . _.. � : . j ,.. '1 � li{ 14876 9 00 :1 0 01 . 09 /23/ 9 1 U NI F O R MS UNL I ii I YED UNI.F±:rRiiS ,: U_0 •i El ING 187 „96 1 ' "' r r U NI F() 1:15 . 0:, i j U � ; C. t_ r_+ ° S r 11 N 9 0 . 40 , U N I 1" .is MS _. Ci_. +. Y 1-E INt, 1 1 400.00 1 ; 9.,0 148'7 i 900600 09/2 31 1 UNIVERSAL. MEDICAL SU1:'t-=1_I Es 1:01.11 P 90.00 90.00 1487 r a 910500 09/23/91 V A :,1. C� F� E J 1:;13 1 1 t r _ i r :i tJ 1_ ►- i:: ,., ;» O R � E: t (V I C t 445 f=EES FOR SI— RVIC:E: :5 41 f .. G �.! T" � t �p't� •.1 ��C'r�__ ,i'l '��/ � ! f ~ _ .t 6 « �'� •l. _ . . I 'j.' CE F ,{ i 14 87 9 9 -,., 1. Pi: Y M A I T - MA TER 1 AL 10 y 9 M L j 1 1 09 / 23 / 9 1. VIKI IN C:E:.N'i'f :R SMAL T L. 11 ::10 175.3 14='' ' »i1 �.: � ��4iy�155 09/ �3 /tr1 WEILANU, ELI F Ak�r_` i "H ... L 0;r V � t a J: t:. E: � i_. i.. i:� A �1 tr 1:: ..: , ..: :.: !:_ .:.. r� 26.26 ' 4 88 2 r 5 0 2 � 0 09 /23 /9 1. N rl �� Ir PE C O � � F . ._t . c r U F•' D A • { E: S 1r1 t• E' t_ I E � "?� : w � , ,:, .. I 14 883 9 6 0 4 •._t f _ } 0 9 2:. 9 1 XEROX C O R P 13 R A T I O N ,.r U 1'" P i_ 1 OFFICE p ;l S U F i ce•' L I E.:1 { J �" #` ICE 5.61 ;. :.11.!1== P L 1 ES—OFFICE 8 8 4 S U F , R L 1 ES .. E:r i" F I r'?' E 5 6 l SUF'F'L:CT:.S E' 10 .88 34.00 .„ iI �I i� 1 ,1 TOTAL CHE CIK 616 I { r' 1 y .......... ..._.. ._........... ................ .. r _ ......... _. ......... ..... ..... .. ... _.. ... _ ......... ......... ....... ................... ........ _ . . ............. _ ..... _.._.._ ........ .._.. .. _..,. _ .... .... ......... .... ..... ,... .. .... .... .. ....... __..._ .: _ ... _ _ __ .. .......... .. .. ....... ..... ... ...... .. .. .... . _: :..._.. _ _.. .. _ .. .... -.... .... - .. ... j I r �• ............... .. .. - .- ........, ._ .. - ......... ._ „....... _ --' _ - ...... J_ CITY OF MAPLEWOOD 0001 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK NUMBER CHECK DATED. .PAYEE AMOUNT 269. 85 269.85 2 306m 66 269. 85 3 1 084.74 I 1 977. 60 1, 586, 20 I - I 89m 03 1, I,, I ic.) 9, 81 300000 I o l 126. 90 187w20 2 =233.86 988,50 492. 29 1, 354. 21 #,014.90 1,, 187. 70 827,w12 2, 1, 200, 50 709. 62 1, 074. 90 632.94 908.50 'V 0022973 09/13/91 JOSEPH ZAPPA (3022974 09/13/91 DALE C ARLSON 0022975 09/1 3/91 GEORGE ROSSBACH 002297 09/13/91 GARY W BAST IAN 0022977 09/13/91 FRANCES L JUKER 0022978 09/13/91 MICHAEL A McGUI RE 0022979 09/13/91 GAIL-BLACKSTONE 0022980 09/13/91 GRE MAGLICH 0022981 09/ 13/91 KATHRYN A. SMITH 0022 09/13/91 DAVID J JAHN 0022983 09/13/91 LYLE SWANSON 0022984 09/13/91 LARRY J CURE .0022985 0 9/13 / 91 ANDREA J OSTER 0022986 09/13/91 WILL MIKISKA 0022987 09/13/91 DANIEL F FAUST 0022988 09/13/91 THERESE CARLSON 0022989 09.11 DEBORAH DEHN 0022990 09/13/91 AL ANA K MAT HEYS 0022991 09/13/91 CHRIS REGIS 0022992 09/13/91 DELORES A VIGNALO 0022993 09/13/91 BRUCE ANDERSON 0022994 09/13/91 LUCILLE E AUREL.IUS 0022995 09/13/91 LOIS BEHM 0022996 09/13/91 CONNIE L.KELSEY 0022997 09/13/91 LORRAINE S VIETOR 0022998 09/13/91 PATRICIA A HENSLEY 0022999 09/13/91 CAROL JAGOE 269. 85 269.85 2 306m 66 269. 85 3 1 084.74 I 1 977. 60 1, 586, 20 I - I 89m 03 1, I,, I ic.) 9, 81 300000 I o l 126. 90 187w20 2 =233.86 988,50 492. 29 1, 354. 21 #,014.90 1,, 187. 70 827,w12 2, 1, 200, 50 709. 62 1, 074. 90 632.94 908.50 'V 1p JEANETTE.. E__._ CARLE l f 1455 91_ 002 30 i,,} # € 9 1 # SANDRA OLS 7 37. i3 0 023002 09/13/91 MARY KAY PALL K 908w50 • _00230s,-)3 09/13/91- _KENNETH V COLLINS, 2,1 291 w 54 002 3r %)05 09/13/91 JOANNE M . S'ti'ENDSEE # , # 690 30 002 3006 09/13/91 ELAINE FULLER 481. 78 002 09.11' 1 CA ROL F MART I N ON 1 236,6 30 0023008 09/13/91 ANTHONY 6 CAHANES l 975. 13 0023009 09/13/91 ROBERT D NELSON 1 975. 13. 0023010 09/13/91 VERNON T STILL 1, 002 30 09 /1 3/ 91 DONALD W SKALD #AN � y �� .�► I �� y 002 :30 1 3 09/13/91 SCOTT L S`A'EFFEN 1, : 0# 0023014 DAVID L A RNOLD 1 0023015 09/13/91 JOHN J BANICK 1, 614, 98 002 1 09/13/91 JOHN C BOHL 1 1 9L r . 3, 002 30 7 09/13/91 DALE K CLAUS ON I „ 06, 28 002 30 w I 3 I _.. ._..._ _. RICHARD w 00 09/13 JOHN H AT CH I SON # y 506. 28 0023020 09/13/91 JAMES YOUNGREN l 656m 68 0023021 09/13/91 WILLIAM F PELTIER 1 683, a's 0023 3 0LPL 09 13 / 91 THOMAS J S Z C Z EPANSK I 1, '''t..39, 08 002302 09/ 1 3/ 91 CABOT V WELCHL I N 1, 0 0023024 09/13/91 RICHARD J LANG _ 580. 00230 09/1 3/91 DALE RAZ SKAZ #OFF 0023026 09/13/91 MICHAEL RYAN l 715. 02 0 1p „. .......... ........... _ , CITY OF MAPLEWOOD 0003 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD i i CHECK . NUMBER CHECK DATED PAYEE AMOUNT I 0023028 09/13/91 RICHARD C DRE ER y 6a,30 as 0 02 3{.:� 9 09/1 GREGORY L ST AFF E 1, 589. ;'' 1 0023 09/1 _ RONALD D BECKER 0023031 09/13/91 KEVIN R HALWEG 3 099w 29 00 23033 09/ 1 3 /91 PAUL G PA#r#LOS - R. 1, 002303-4 0 9/1 3/9 1 RICK A BOWMAN 1 0023035 35 09/ 1 FLI NT D KAR I .S 11523.08 _._ .0023036. 09 STEPHEN J, HEINZ 1, 635. 58 }023',. }3 09 /13/91 JOHN FRASER I y 587 3 1 00 23038 0 9/1 3 /91 DAVID M GRAF l , 5 r 4 . 28 0023 09/ 13/9l . . DAV ID 4 T HOMAL L A 1'768 0023040 09/13/91 STEVEN PALMA 1, 498.28 002 3041 0 9 / 1 3/ 91 ROBERT E VORWERK # , 6 73 09/1 1 JOSEPH A BERGERON l y 507. 68 C102304:3 09/ JAMES MEEHAN 1, 8 0023044 44 09/ 1..3 JON A MELANDER 1, . 002 3045 09/1 S ARAH SAUNDERS 985.83 0 023046 09 /13/91 .DAMES M EMBERTSOS# # , G83R 43 0023047 0 9/1 3/ 91 DUANE J WILLIAM 1 14 7 7, 33 09/13/91 JANET,L,RABINE l 316.62 0023049 09/13/91 JULIE A STAHNKE 1, 0 0 23050 09/1 SCOTT K BO E R l „ 477* 27 0 02 . 305 1 09 /1 3 /9 1 CAROL NELSON � , ,��a.�►. , . s,� 0f-- )23052 09 JOSEPH FEHR 1, 4 61. 75 0023053 09/13/91 JILL PETERS 974,66 I CITY OF MAPLEWOOD 0004 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK, NUMBER CHECK DATED .—PAYEE AMOUNT 002 30.54 09/13/91 -JAYME L FLAUGHER, 09/ 13/91 CYNTHIA MATKAITI 0023056 09/13/91 JUD WEGWERTH 4-3023057 09/13.01 KENNETH G HAIDER 0023058 09/13/91 JUDY M CHLEBECK 0023059 09/13/91 WILLIAM PRIEFER 0023060 09/13/91 GERALD.W-MEYER 09/ 13/91 MICHAEL R KANE 0023062 09/13/91 BRYAN NAGEL 0023C 09/13/91 DAVID P LUTZ 00230t�4 09.11 13/91 HENRY F KLAUSING 0023065 09/13/91 JOHN SCHMOOCK 0023066 09/13/91 RONALD J HELEY 0023067 09/ 13/91 ERICK D OSWALD 0023068 09/13/91 RONALD L FREBERG 0023089 0 9/13/91 WILLIAM C CASS 0023070 09/13/91 RANDAL LINDBLOM 0023071 09/13/91 JAMES G ELIAS 0023072 09/13/91 JOHN DU CHARME- 0023073 09/13/91 DENNIS L PECK 00230-174 09/13/91 WILLIAM PRIEBE 002307 09/13/91. BRUCE A IRI 0023076 09/13/91 WALTER M GEISSLER 0023077 09/13/91 THERESA METZ .0023078 09/13/91 JOHN R LOFGREN 0s,523079 09/ 13/91 ROBERT D ODEGARD 0023080 09.01 LOIS J BRENNER 1, 169. 30 168m75 555w90 2, 54 1, l' I 98'r 90 1, 297. 72 1, 528a 5sul 1, 178. 95- 1, 2104. 50 1 l, 1 8, 5.1 1, 1, 1 233. 86 1, l 644, 65 1, 1, 236. 58 l, 871. 62 1, 26 1, 862a 9',") t 55. 89 1, 1, 2, 1,1169*30 0023081 09/13/91 BARBARA­ A­ KRUMMEL 553. 72 0 0 23082 09 / 1 3 / 91 PAUL I NE STAPLES 0023083 09/13/91 LUTHER JONES 79v20 _ 0023084 -- -- - - 09/13/91 - MARGARET.. _- KUNDE - _ _ _.. _ � 2. 3m. 75-.., 00 23f- - )85 09 / 1 3/ 91 ROBERT S ANDERSON l , 182a 10 C102 3086 € 9 J' 1 ..3 J' 91 DENNI P L.. I NDORFC 1, 182a l O 0023087 09/13/91 'WILLIAM BARRY 1, 148w 50, 0 02308 8 ROLAND B HE#. EY l , 226. 90 002 3089 09 ./ 1 3/ 91 DANIEL B#.. RK HA R T 384 a OO 0023090 09/13/91 MARK C ARLE 220. 00 }02,.a�091 0 MARK A #y #ARU KA #, 5 8a 0 0f.. 2 3;ti 92 09/1 JAMES SCHINDELDECKER l s l 48. 0 0023093 - � S ' J _ f`f f �.:.i�`f � S f`i 1 32it 00 _.. 00 23094 09 MYL R BURKE 1 y 24 30 0 02 1 30 0 JOEL MAHLA # 74 a 6 I - 0023096 09/13/91 LE.,E.STOERZINGER %sam 00 0023097 09/13/91 CRAIG MISKELL 3 { » }02 % 98 0 9/ 1 3/91 91 SHE R RAL M d LPL.. E R 71.7 0023-J99 09/ ROY. WARD 422, 40 0'ti 2 3 09/ DOUGLAS J TAf..#BMAN l y 48 7. 7 0 0023 09/1 JANET M GREW HAYMAN 6390 0023102 09/13/91 N 5271V 51 0023103 09/13/91 JUDITH A HORSNELL 627a45 0023104 09/13/9-1 ANN E HUTCHINSON 1, 0023105 09/13/91 KATHLEEN M DOHERTY 1 4 126,v 90 0023106 09/13/91 MARIE BARTA 1, 059. 54 0023107 09/13/91 GEOFFREY W OLSON 21062.47 CITY OF MAPLEWOOD 0006 EMPLOYEE GROSS EARNINGS AND PAYR OLL DEDUCTION CHECKS FOR THE CURRENT PAY PERIOD CHECK NUMBER CHECK DATED PAYEE. AMOUNT 405,21 621,42 51 2.00 1, 1,536n8r 1 1 69 3,. 30 i , 420s, 50 1 317,17 1 , tit 3 « 0 A� L , 2 25 . �.3 1 1, 292..67 432. 00 #,343. 7'.x' 850.37 122, 077. 62 8, 864. 1 4 8 4, 77 9 , 1 1 43, 25 218, 75 26, 7 56, 00 1 3, w 96 0023108 09/13/91 NANCY MISKELL 0023 09/13/91 JOYCE L L I V I NOO"#"ON 002 09/1 TROY LANGER 0023111 K ENNETH ROBERTS 0023112 09/13/91. THOMAS G EKSTRAND 002 09/13/91 ARJOR I E OSTRO # M 09/11 NICHOLAS N CARVER 002311 09/13/91 ROBERT JWENGE R 0023116 09/13/91 EDWARD A NADEAU 0023117 GEORGE- W... -MU 0023 09/1 ROGER W BREHE I M 0023 09/13/91 DAVID B EDSO 0023121 09/13/91 DAVID GERMAIN 0023122 09/13/91 ERIC MARTINSON 0023123 09/13/91 DEN M MULVANEY 008 3 1 2 4 09 1 3 /`31 OEOROE O OftRE I OL 0023125 ELIZABETH J WEILAND . }�. }� ul. �... to VO ID . l ,� f 3. MAPLEWOOD S T A TE BANK # �► 0023127 VO ID 09/1 MN STATE COMM OF REVENUE 00 3 128 VO ID 09/1 FIRST MINNESOTA (F I OA ) 0 VOID 09/13/91 PUBL I O EMP RETIREMENT ASSOC 0023130,""*' 09/13/91 ICMA RETIREMENT TRUST-457 0023 VOID 09/13/91 FIRST I NNESOTA 00231 VO ID 09/13/91 CI € F MAP�.. EWOOD (HCMA) 0023 y 09 CITY & COUNTY E P OR UNION 00 VOID 0 9/1 3 / 91 UNITED WAY OF ST. PAUL AREA 405,21 621,42 51 2.00 1, 1,536n8r 1 1 69 3,. 30 i , 420s, 50 1 317,17 1 , tit 3 « 0 A� L , 2 25 . �.3 1 1, 292..67 432. 00 #,343. 7'.x' 850.37 122, 077. 62 8, 864. 1 4 8 4, 77 9 , 1 1 43, 25 218, 75 26, 7 56, 00 1 3, w 96 wi6k& • • • • AMOUNT 119,02 11 2,v 50 358000 572.76 160,V 409,w66 18,00 5, 725,w 00 175,00 45,42 120a 86 8, 626,v 80 5, 534. l-2 8, 100, 68 304,1343,w84 EMPLOYEE GROSS EARNINGS AND PAYROLL DEDUCTION C HECKS FOR THE CURRENT PAY PERIOD CHECK NUMBER CHECK. D ATED P AYEE 0023135 VOID 09/13/91 COMMERCIAL.LIFE INSURANCE 0023136 VOID 09/13/91 PUBLIC EMPv RETIREMENT ASSOCJI 0 0231 ,:!0 09/13/91 M?4, STATE RETIREMENT SYS TEM 0023138 09/13/91, AF SCE 2725 0023139 09/13/91 MN MUTUAL LIFE INS. 19-3988 0023140- VOID 09/13/91 PUBLIC EMP RETIREMENT ASSOC 0023141,� 09./ 13/91 METRO SUPERVISORY ASSOC 00231-42 VOID 09/13/91 PUBLIC EMP ,RETIREMENT ASSOC 0023143 09/13/91 Lis Eiv L* So 0023144-1,11-e 0 LwEvL,,Sw 00 2.23' 1 4 5 09/13/91 RAMSEY CO SUPPORT & COLLECT 0023146 VOID 09.s-*'l 3 91 EMPLOYEE BENEFIT PLANS 0023147 VOID 09/13/91 PHYSICIANS H . EALTH PLAN 0023148 VOID 09/13/91 FIRST MINNESOTA (FICA) 0023149 VOID 09/13/91 PUBLIC EMP RETIREMENT ASSOC 0023150 VOID 09/13/91 PUBLIC EMP RETIREMENT ASSOC I 0023151 V 09/13/91 PUBLIC EMP RETIREMENT ASSOC GROSS EARNINGS AND DEDUCTIONS • • • • AMOUNT 119,02 11 2,v 50 358000 572.76 160,V 409,w66 18,00 5, 725,w 00 175,00 45,42 120a 86 8, 626,v 80 5, 534. l-2 8, 100, 68 304,1343,w84 MEMORANDUM Action ' n b C ounc i t TO: City Manager FROM: Ken Roberts, Associate Planner Endorse 0---.0- SUBJECT* Final Platodlfle PROJECT: Highwood Estates No. 2 ]Rejected DATE: September 4, 1991 Date INTRODUCTION Roar Development, Inc. is requesting final plat approval for Highwood Estates No. 2. This is a 54 -lot single dwelling subdivision, south of Highwood Avenue at O'Day, McClelland and Ferndale (See the maps on pages 2, 3 and 4.) BACKGROUND April 9, 1990: The City Council approved the Highwood Estates No. 2 preliminary plat subject to several conditions. June 24, 1991: The City Council approved a one -year time extension for the Highwood Estates No..2 preliminary plat. This was subject to the April 9, 1990.conditions for approval. DISCUSSION The developer has met all conditions for final plat approval. RECOMMENDATION Approve the final plat for Highwood Estates No. 2. kr \memo38.mem (13 -28) Attachments 1. Location Map 2. Property Line /Zoning Map 3. Preliminary Plat 49 Proposed Final Plat T28N S-IIIS-12 S.1 SAS �o ..� W CURRIE CT ,VALLEY VIEW CT (3) LAKEWOOD CT �::� OV ER J�4 CIR 4 40 0010 Ct) cl), 0 3 0 3 �1�(A/YBf �� Loks LOCATION MAP 4 Attachment 1 CON •�,, A N (4 1) AL a. • J f. pi •t 1 Ii ♦ �k c 00 lit) s o 2 .. 2 s• � H i H OD D a: „. •'. e, • o ilp) A (i11 (r2' ;13� (14 �I5� (ti, (a�� .,o 90 90 90 Zt . 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O r �. 7 § i t V TL ..�� e . 1 SKI JUMP ,: �o s: z2 �,; tN ►. - y �. i • °b a • t` t• re `+ 4 • • 20 L � ,v �� 3 ooac 3 4 3 s,' ■ ! �� E 16.,pt VC) iff 1 r j ai •M1.'• ` / �// ! i 4s ac • FA I i PROPERTY LINE / ZONING MAP Q N 3 Attachment 2 r • tj; L H W 1 p 7 0 1 1 / � i r 1 II -' p 1 11 w 0 0 0 A V E 1K V 1'. .�.��• ����-��� i• .�a • •�,� • �• i - Sol a _ 1 1 • r • 1 • t 1 .1111L M '' - V • ' 1r A. r =' + i err• •. - ^ > � A •s A caM i � �� �S 1EXI NG. LAT. Job. an r a • MGM -2 W d " + W.M • / • • �r G , ♦ 1 > Ab 00 W. 0L PARK • ,� . - . jr so lk _ _ 1 _ ► • _ eft aiw.r w O e" an..w am rte. + +r w ur •� r ..+.M r • .. wr A a ••: ..' �_ s � ... •; SWAIM Sam 11411110 • r - • vents w or~ 1. • - J � r. •.• • Y 1 • - ; ' ' ,•''r -• ra ■.;* •• ,•. •'. ••• w' '•.�' • • ,' -• '_ 1. ' ► ' ' , �\� �� trl� N .faull�• ... • • a • • , :.• \• � � � •. • _ • • •,• • : i •� � � • • ��.: �•ti• � �, r � • 1 •. •• dOr op 0 �ir�rrrrrrrr� 12 INCH WATERMAIN REQUIRED PRELIMINARY PLAT 4 N Attachment 3 X11• X11111 UP; •/ IM N•f111 17ii/ INI N 11» MMI 1/2 / O Jr ,4, �4' .�� 4 w / y 0 v 4� PROPOSED FINAL PLAT z 4 i k 5 Attachment 4 OWN" 3 To: FROM: SUBJECT: LOCATION: PROJECT TITLE: DATE: MEMORANDUM City Manager Tom Ekstrand, As sociate Planner Conditional Use Permit Review 1255 Cope Avenue Northern.Hydraulics September 13, 1991 .lotion by Council: Endorse Mod ified - ._ - , Red aoted..�.,..�...�.._.... Date INTRODUCTION Northern Hydraulics' conditional use permit (CUP) is up for review. Code required a CUP for this off ice /warehouse /showroom use because it is within 350 feet of a residential district. BACKGROUND September 24, 1990 The City Council approved the CUP for Northern Hydraulics. The Council required a review of this CUP after one year. June 24, 1991: The Council revised the CUP to change the store hours and require the Owner to replace weeds and dead grass with sod by September 15. DISCUSSION Northern Hydraulics is meeting the conditions of approval. They have completed the required site work and have replaced all dead grass with sod as Council required. We received a complaint from Marna Gerke of 1252 Cope Court on August 28, Ms. Gerke said Northern Hydraulics was displaying equipment in their parking lot each day. She also asked to have Northern repaint the outside wall lights. After a call and letter from staff, they stopped displaying equipment outside. Peter Solum, of Northern Hydraulics, has informed me that they have repainted the blackened portions of the building lights as requested. Northern had previously painted them black to block light glare. RECOMMENDATION Review the conditional use permit again at 1255 Cope Avenue in one year. to \northhyd.mem (section 9) Attachments: 16 Location Map 2. Property Line /Zoning Map - 30 Site Plan 49 Conditional use permit requirements 4 J 2 f sA INr 61 PA UL 64 LOCATION MAP A1.�Llt.*. ' 3 BEL LCREST UR 4 DEA UVI L L E DR 3 MERIDIAN DR . 60 2400 N :r AV DR Cnc moons 7 Rot cc W a sum e a C �. W�i�'IELD o L AIDE Q N 2 Attachment 1 vv - v �. l 1/ b►J r � 3. V 0' 4 1 23 2 1 " , • U1 8 ' U g & Z7 Z 40 . -- -- W of • p + g' C .40 &C-) _ _ • �1. O j fn ! ' 1 � • v� A � �5) 4.0 9 ( JQ 20* 060 • 031 tq 7 N • A cc e wa CN •� HWY.36 . mss .__ • - •�,. -.-.. - ab•- -- ' l NORT ... . HERN HYDRAULY`CS'7SITE lic 1200 s� P �lat.� ���� .............�.•..•.•.. ¢ +,,�' +� +�,� Imo Dlv+C* D"1917 w ............•....•..:.*• •• f7 r G Sac. �t) •}� •••••••••••: •.•.•..'.....•.•:.•.•.•.•.•.•.• 0 � i • � a � ' 2303 �^ ' cC •. Ob C, ,gyp 1 _ � �, o Z90 • .1, • -o ... i I oNofE o E 0 0 N 15 . 10 10 - 4 0 ■ N ww ■s COPE CTti ■ r •4o I I I •• � • - 0'3l ' Ld 1 � 7 2e � 1 I 1 �� 1 1 1 41262 01 8'126 1 9 4 , - -� - >� -1 -7e, -, _ t - I , �( . ' I cn N1 1 1 131 1211 10 9 I JkT , 6AW5 1 4 3 Z 4 C4) C1 � 1 (136) (1 .5h) 1 (2)l LARK AVE. Z W O N N ? r I i _I L i i 1 PROPERTY LINE / ZONING MAP 4 N 3 Attachment 2 HIGHWAY 36 ., ,��, ,� t�:�• � �• :i. �. '.�aJ . -- : •••. r • • � � .. •'• •�.. : `f• _t:•� �.ir yam , n; IT r � ^ • r : •• � L , - • , � ,,.. •rte (31. j6 NORTH ; tZ 3e •: ;, -' • ry ti� t _ R . i •� � :�_ ^• : � � : �'- ' 37 SPACES - rr . • L `:,�. 2 SPACES .. � • '39 TOTAL SPACES �]ta •.: r �i .. APPROVED SITE PLAN 4 N 4 Attachment 3 CONDITIONAL USE PERMIT CONDITIONS OF APPROVAL 10 All construction must comply with the site plan, received b y y the City on September 24, 1990, The Director of Communit y Development may approve minor changes. The City Council must review, amend.and approve major changes. 2. The Cit y Council shall review this permit one year from the date of approval, based on the procedures in City Code. 3. There shall be no outside storage of goods, materials or trash. 4. The owner shall have the roof -top equipment screened, as required by City Code. 5. The owner shall keep the pole light, at the northwest corner of the site, off or reorient it so it will not glare onto streets or other properties. 6. The canopy shall not be illuminated. 7. The hours of operation shall be from 7:00 a.m. to 1:00 p aturda s .m. Monday - Friday, 8:00 a.m. to 5:00 p.m. S y , p and 10:00 a.m. to 4:00 p.m. on Sundays* 8. No overnight parking of trucks. 9. Irrigation shall be made operational if present. 10. Grade and sod the weedy strip next to Englewood Shops by July 1, 1991. Sod the entire lawn by September 15 if the owner cannot control the weeAs by then. 5 Attachment 4 MEMORANDUM TO:: FROM: SUBJECT: LOCATION: OWNERS: PROJECT TITLE: DATE: INTRODUCTION City Manager Tom Ekstrand, Associate Planner conditional Use Permit Review 1285 Cope Avenue BB &D Investments Englewood Shops September 13, 1991 )C..000 4 Aotiom by Council 19 ndoree Date The City Council required a review this conditional use permit (CUP) in six months when they renewed the CUP last March. BACKGROUND August 8, 1988: Council approved the CUP for a commercial center on this site called English Place., August 15, 1989: The Community Design Review Board approved building design and.site plan revisions for this complex. The name changed to Englewood Shops. September 10, 1990 and March 25, 1991: Council renewed the CUP for six months. DISCUSSION The developer has completed all site work and is meeting the conditions of approval. The only complaint we have received was from Marna Gerke of 1252 Cope Court. She complained about litter on the site. The environmental health officer investigated but could find no litter. RECOMMENDATION Review the conditional use permit for the commercial center at 1285 Cope Avenue in one year. te\englewd.mem (section 9) Attachments: 1. Location Map 2. Property Line /Zoning Map 3. Site Plan 4. Conditional use permit requirements 0 EAM AV Y 22� P ? C s OV'�" .� • H �r � \I 1 0 1 0 Off° MARK M y , �2► - -= r o fa 3 Koh /m Lake POND Q Late / KOHLMANd AV Z� North Y KOHLMAf► Hwe/wood p p" o -� CO RD "C" cn cc W o Co > RD Z m H CTO� p T29N,R22W W -23 N W K Pk on (1) S F C T TO W 3�2 .�� i � . J C PALM / O C , r F j � Z F- g E HILL RD 10 11 Y CAR r 2 Ov W �; a W Q; CCTNOR ON R - z Ho►vesl ,� AV L__�. p W Pk DEMONT AV DE- MON (1j CONNOR AV m m 1; o s c o ? I.- SRO AV \ SR O KS c3 N z 22 0 a,, Q L IL Q �Q EXTANT m four XTAN T AV sons i0 F SeaPk X12 GERVAIS AV Q C a GERVAIS S G l\ PKWY GRAND AEW AV W CT y p �L m VIKING DR Y REN F Knuckle Heod Lake s� 1 N PE CT COPE AV w— COPE C,P Keller Loke +- W , R K AV w H L ARK N® v? N � ,� Q Z = W Co Q Q- CO RD 8' LAURIE a Sc R x W dm a a v LELAND RD SAND- HURST cc "' °eodPk12 AV 5 25 Z = Bt/RKE CT Z a JUNCTION ST e o Y CO > RD What o X BU RKE o Robin Aood AV AV. o �' tip CHAMBERS ST F- (i) E AV m g P* v Q v H ELORIDG E AV 3 `` B p� _ A v ' BE L AV N � �y ! 6 AV W Q „! S = K ILLMAN AV = RECR E'gT /ON j pR� SE AV y HAR R I j ..�•� OD L'ER PG�R o AV Q N ROSEWOO 4 • �E� R, 4N RY- N AJ S AV S 26 rR A IL _,_...__..,.... to N Q � FROST v. AV �` 28 G 00o f o a m ( 6.0 27 N W FE TON AV N N v~i Co W 145 a .ti y Q J N CA?sltier ♦. S M E R AV W SU M NER W 4 N S W y W 3 o FRISBIE AV _ Q Pk p 121 }' O a 62 a o Z ac m O W p a RIPL — Z O Y p N AV Z z ¢ RIPLEY 5 Z W t V Q w F�G W a N and A At H W — S� O' Y J W ,�� J K L,Bke s Y a HIA AV y o ~LQKE o ~P Q c PRICE b > GU (lD-�,� 3 41 _ ¢ Q -j v `J � o W JI £:okra �e� .>� R T£ t�R AV m 2 9 30 LOCATION MAP Q N 2 Attachment 1 24# kL4 f , . T 8. p v 4M �p ow . • bT • v 19 ' 1 � • •ox 0, . or • Imo.. - . • • • - . ► ��'� • /l�s e � • w 1'�•a• aa`�s�s �t � ��' � • 4 . • " 6 t N in • •� �. - e zs.s• Highway 17 am ONO sw • t ''••� 1 1.44. s Maplewood Racquetbal Club ' 4 S ic• (to) 4+ ` ! 17 ' fa 14 •v • 100 1► p. 36 • 0 j ' V 18 • . 3-ILL ac* �� • � � 1 l� • ��15: :x,`•+'.!!11 � • . • 1 4J • dab 0. .. !N 1 • . • .t Asti 14 , ' �vq re 1P 10 .91 Haglund Dental Of f i ce 1 • -Pc AVE A ^ .....• • . _ •' size- 26 39 ! *� r 4 4 .r 1 1244 1252 1260 1268 1276 1282 1294 a LAN 1.0 (sr 4 PROPERTY LINE /ZONING MAP 4 N 3 Attachment 2 t . too UPC Q O X4.09 aa . v Cb� � •q 02 v v y 24# kL4 f , . T 8. p v 4M �p ow . • bT • v 19 ' 1 � • •ox 0, . or • Imo.. - . • • • - . ► ��'� • /l�s e � • w 1'�•a• aa`�s�s �t � ��' � • 4 . • " 6 t N in • •� �. - e zs.s• Highway 17 am ONO sw • t ''••� 1 1.44. s Maplewood Racquetbal Club ' 4 S ic• (to) 4+ ` ! 17 ' fa 14 •v • 100 1► p. 36 • 0 j ' V 18 • . 3-ILL ac* �� • � � 1 l� • ��15: :x,`•+'.!!11 � • . • 1 4J • dab 0. .. !N 1 • . • .t Asti 14 , ' �vq re 1P 10 .91 Haglund Dental Of f i ce 1 • -Pc AVE A ^ .....• • . _ •' size- 26 39 ! *� r 4 4 .r 1 1244 1252 1260 1268 1276 1282 1294 a LAN 1.0 (sr 4 PROPERTY LINE /ZONING MAP 4 N 3 Attachment 2 HIGHWAY 36 • J J • FUEL SALES i J ••�• • • ir.•• •• MWO Val h .••�•��• ice ~ ~ii•: •�: ::..► �.� �^ la �• 1 g •. M J 4y ' ul ►•H••..; .. •...• H�.M; • �� /t( ♦•.INN•.. � ::.. .::i :f: : :• :;::�•� 1 \ . ,' A SITE PLAN a Attachment 3 4 N ENGLEWOOD SHOPS CUP REQUIREMENTS Approval is subject to the following conditions: 1. All construction gut be in accordance Mith the site plan, date•stamped August 9. 1989. The Director of Community Development may approve minor changes.. The City Council nay approve major changes. 2. The right -turn lane proposed along English Street shall be subject to the City Engineer's approval. 3. The applicant shall restripe English Street, and widen it If necessary, to provide a left -turn lane for westbound Highway 36, subject to the City Engineer's approval. 40 The owner shall replace all required landscaping that dies. and maintain irrigation sys tea . 5. Gas sales shall be limited to two dispensers on one Island. There shall be no vehicle repair or maintenance. 6. The shopping center shall not be open between the hours of 10:00 P.M. and 7:00 A.M., except for the existing convenience store and gas sal s 7. There shall be no temporary or permanent outside storage or sales, except fuel,* So The City Council shall review this permit in six months, based on the procedures in City Code. 9. The developer shall reduce the brightness of the lighted mall panels to a level acceptable to the City. Seconded by Mayor Bastian, Ayes Mayor Bastian, Councilmembers Carlson, Hossbach & Zappa Nay - Counc i lmenbe r Juke r . 9 -10 -90 5 Attachment 4 F -S Aotion by C ounc i 1: ftQors a d..�...,,. ,,......,..._ Vodif JL ec�...�.,.........� Date September 17, 1991 MEMORANDUM RE: 1990/91 MANAGER REVIEW The City Council designated Mayor Bastian and Councilmember Carlson to meet with the City Manager to discuss his past year's performance and establish objectives for 1991/92. Each Councilmember submitted comments to them. On September 10th and 17th, the entire City Council met with the City Manager and reviewed his performance and established objectives for 1991/92. Based on this review, the following changes will be made to the Manager's compensation effective May 1, 1991: Deferred Compensation Car /Expense Allowance Sal ary Increase from $350.00 /month to $400.00 /month Increase from $350.00 /month to $400.00 /month Increase from $76,003 /year to $78,283/year G - I MEMORANDUM TO FROM: SUBJECT: APPLICANT: DATE: INTRODUCTION City Manager Director of Community Development Easement Vacations - .Burke Ave. City Engineering Department August 2 6 , 1991 Aotion by Co►unoil: Endorse Modified R j ected -- Date The City Engineering Department is requesting the vacation of two utility easements. This is part of the Footprint Lake storm sewer project. (See the maps on pages 3 and 4.) The reason for these Vacations is that the engineering department made an agreement with the adjacent property owners. They gave the City new easements with the understanding that the City would vacate the unneeded easements. BACKGROUND The City vacated the Burke Avenue right -of -way between Barclay and Hazelwood Streets in 1986. At that time, the City retained drainage and utility easements over much of this former right -of- way. DISCUSSION The City does not need these easements because the City acquired other easements to replace them as part of the Footprint Lake storm sewer project. RECOMMENDATION Adopt the resolution on page 5 to vacate two easements on or adjacent to the former Burke Avenue right -of -way, between Barclay Street and Hazelwood Avenue. The City should approve these easement vacations because: z0 it is in the public interest. 29 There is no need for these easements because the City acquired other easements to replace these.. kr /easement . i Attachments 1. Location 2. Property 3. Property 4. Vacation mem (15) Map Line /Zoning Map Line Map Resolution /. 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Co 47 3 3 3j 89 s 3 Attachment 2 ID 44 6 SAO 79 40 J 44 4.6 1 r 7 r 7 - I * (40) (4) (41) (4) ( 45) ,, �,b vt 2 1 s 7 T 5 4 A 0 a 0 , 4 00 04, 400 i� t r • * 0 iI 35 Pr 5.4 . 006 Loo p— 4 LA -v 00 004 r, A 0 0 00 31 04 to o /t� • c (CA) ��' . J 17 1 22 3 24 6 1. 6 V? t0 2 1 3il'p- + O4 1 175 .75 40 44.0 L 4 -0j, 11 jai M "o 3? I F in L.00 Ss AO .4.0 M 14. 1.5 14 13 Q. %I to 9 f 5 477 12 c} c _ V,4 vzo o l ) 5 30 31 32- 1 7 is is w ?i z3. ?.3 u Z& 7-7 Zo 30 14 1 1 04) lip • 4D 44 40 �l 40 so so 0 24 BURKE ....... • ....... . . ... ,a or 4:: 0 ow M 40 40 L fn 3 IA to di 1 1 IV Zo 40 � . - - - - - 1 C �) 0 I $ . o !9 30 31 3Z < 14 17 18 19 W Z r 2L ZA 14 C 39) a� _ • A 0 JAA.2� ELDRIDGE CAYED VAC ED PROPERTY LINE MAP AREAS TO BE VACATED 4 - Attachment 3 3 L .�� Ib 4 - Attachment 3 VACATION RESOLUTION WHEREAS, the Maplewood Engineering Department applied for the vacation of the following- described utility easements: A permanent easement over the South one -half of the vacated Burke Avenue adjacent to Lot 4 and over the West 15 feet of Lot 3, together with an easement Over the North half of the South one -half of the vacated Burke Avenue adjacent to Lots 1 and 2 and East 25 feet of Lot 3, Block 24, Sabin Addition to Gladstone, Ramsey County, Minnesota. A public utility easement over the South one -half of the vacated Burke Avenue adjacent to the East half of Lot 29 and all of Lot 30, Block 17, Sabin Addition to Gladstone, Ramsey County, Minnesota. A public utility easement over the vacated Burke Avenue right -of -way accruing to and the Southerly 10 feet of Lots 16 through 21, and the Southerly 10 feet of the West half of Lot 22, Block 17, Sabin Addition to Gladstone, Ramsey County, Minnesota. WHEREAS, the history of these vacations is as follows: 1. A majority of the property owners abutting this easement signed a petition for these vacations; 2. The Planning Commission discussed this vacation on September 3, 1991. They recommended that the City Council approve the vacations. 3. The City Council held a public hearing on 1991. City staff published a notice in the Maplewood Review and sent notices to the abutting property as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations from the City staff and Planning Commission. WHEREAS, after the City approve these vacations, public interest in the property will go to the following properties: The North one -half of the vacated Burke Avenue and all of Block 17, Sabin Addition to Gladstone, Ramsey County, Minnesota (PIN 15- 29 -22 -21 -0084) ; and The South one -half of the vacated Burke Avenue accruing to and the North 94 feet of Lots 1 through 4, Block 24, Sabin Addition to Gladstone, Ramsey County, Minnesota (PIN 15-29-22-21 - 0092) . 5 Attachment 4 NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above - described easement vacations for the following reasons 1. It is in the public interest.. 20 There is no need for these easements because the City acquired other easements to replace these. Adopted on , 1991. mb \res \BurkeAve. vac Co Maplewood Planning Commission - 6- Minutes of 9- 3 -91 utilities: T e City Engineer may require retaining walls in ar with s eep slopes (those exceeding 3:1) and in those area \ to s e large trees. Commissioner Gerke seconded Ayes -- Axdahl , Cardinal Fischer, Frost, Gerke, Martin, Pearson, Rossbach The mo�ion paksed . e Easement Vacations: Burke Avenue The staff report was presented. Discussion followed. Commissioner Rossbach moved the Planning Commission recommend adoption of the resolution to vacate two easements on or adjacent to the former Burke Avenue right -of -way, between Barclay Street and Hazelwood Avenue The City should approve these easement vacations because. (1) It is in the public .interest. (2) There is no need for these easements because the City acquired other easements to replace these. Commissioner Fischer seconded Ayes -- Axdahl, Cardinal, Fischer, Frost, Gerke, Martin, Pearson, Rossbach The motion passed. f . Fa�11 Tour Staf reported the ate for the fall tour is scheduled for Sep ember 24 and 11 depart the City Hall parking lot at 5:30 p.m. 6. VISITOR PRtSENTATIO S There were n Vii for presentations. 7. COMMISSION PRIS NTATIONS a. Council e ting: August 12 & 26 Commis lone Rossbach and staff reported on these meetings. s. g 8. STAFF PREgENTATION There were no staff 1oresentations. 91 ADJOURNMENT 1 Meeting adjourned at 10:22 p.m. Action W Council: & mow, Xndore a A................ MEMORANDUM 11odif i eA..., TO FROM: SUBJECT: LOCATION: DATE: INTRODUCTION Rea eoted.,. City Manager Date Ken Roberts, Associate Planner Lot Division and.Subdivision Code variation 1230 Sterling Street South (Ski -Jump Property) August 26, 1991 Mr. Tom Harrington, representing the Saint Paul Educational Foundation (ski jump owners) , is requesting City approval of a lot division. They want to create a 180- x.200 -foot lot to sell the existing house. (See the map on page 4 and their statement on page 5.) Section 30-8 (f) (4) of the City Code requires that all lots abut on a publicly dedicated and maintained street. The northerly lot would not meet this requirement. Section 30 -11 allows the Council to approve a variation from the Code in cases where the variation would not adversely affect the plan and spirit of the Subdivision Code. BACKGROUND February 22, 1988: The City Council approved the preliminary plat for the Maplewood Highlands Addition west of the ski jump property. One of the conditions was that the developer build a trail along the east side of the plat to Pleasant View The Council also approved the vacation of the Sterling Street right- of-way. Half of the right-of-way went to the ski jump property and half to Maplewood Highlands September 12, 1988: The Council approved the final plat for the Maplewood Highlands Addition. The developer platted a 12 -foot- wide Outlot A along the east side of the plat and transferred title to the owners of the ski jump property. This is because there is a driveway on the outlot to the northern part of the ski jump property. The ski jump uses this drive as well as the City. The City uses it to get to the storm water pond.. The Council dropped the condition for a trail to Pleasant View Park because the City Engineer thought a trail would be unsafe because of the steep grade. DISCUSSION The proposed code variation and lot division would meet the intent of the Code since the ski jump owners are'not proposing any development. The existing house (1230 Sterling Street) has a driveway that connects with the .corner of Sterling Street and Schadt Drive. The northerly lot has access to the existing drive on the east 33 feet of the old Sterling Street right -of -way. The owners of the ski -jump property have agreed to give Outlot A and the east 33 feet of the old right -of -way to the City at no cost. t is fenced with a locked gate at the south end. The west 33 fee � s and and the This strip would provide access to the City p ski - 'um o erty. Outlot A is wide enough for access remaining 7 p pr p of the grades and i to the park, but it s not useable because g trees • someday sell the northerly lot to The ski dump owners could som y someone who wanted to build on it. City Code requires Council approval to build on a lot that does not front on a paved and street* The city should require a deed restriction on marotalned st y . this lot builds to inform a future buyer that the City issue a would not 'n permit for this lot without Council approval. . g p RECOMMENDATION p age e 6. This resolution approves a Adopt the resolution •p. a 180 20.0 lot variation to the subdivision code to split off for the exis tin g z • house. The basis for approval i that: s �n keeping with p. It i s pirit and intent of the Subdivision 1 , Code. p roposed 2 ro The osed lots meet all City size standards. 3. The owners are not proposing any development. 4. Exi sting p driveways s provide access to the two proposed lots. This approval 7 shall be subject to the following conditions: d restriction on the northerly 1. The owners placing a d y lot that would prohibit any additional building without getting City approval . owner deeding Outlot A of the.Maplewood Highlands 2. The ow g Addition and the west 33 feet of their property to the Ci ty . on within deeds for the lot division 30 The owner recording the one y ear l year unl ess the City approves a time extension. kr /memo26.mem (Section 13 -28) Attachments 10 Location Map 2. Property Line Map Foundation 3. St atement from the Saint Paul Educational 4. Resolution 2 Q 1N00D CT., OAK - � ID(3E 0 C/p FO��y'� o HiLLw000 � Q trf � a OAK RIDIiE LN 0 0 LINWO 0 AV O T S 81 � 912 W. Qp�L AY C1N w00 S.14) 5.13 pAHI 0 C7' Q CT OORLANO RO MIN Pk act '' ►�-'` 3 TIMBER TIMBER LN SHY IS C OR � (2)A RRIE CT LIEY VIEW CT � t3 � � VIEW AV W `. (3) LAKEWOOD CT 74: t� H!6Hl%M000 � �iA 74 MAMIE g � E A 0 b NEM-z fTZ AV SOUTH CRES � SOU- THCREST MV = av Y OAK Q HTS Plawafthlow U < _ L .. � °` OWSH� HA fi :�c,,,,r Loke OXW000 AV P* �- ac Q .. Cr J � CARVER AV 3 OVER at � I CIR 4 LOCATION MAP 4 N 3 Attachment 1 Z (40) 3 11 OUT LOT . A . -- �Z� W , 4 CL 1 14 s 49 L Jag A33 t 2 4b �. n, t� ^ HIGHWOOD ESTATES NO.2 Oi A t 1 Of �► « 20 PARK LAND PROPOSED FOR PUBLIC ACCESS i 1 � s V r P D f s 0 C O U TLOT A ri'• 1 ! K 40p ow r C h .r .. : r .. dow dop 1230 � 1d i : . r r r • 'f 3 2 C 0 • 0 4 ) 11 3 7 ' •r 3 Z !w' 1240 3 r 20 � w 7 114 x • 1 3 e 2 1 l: �O Q / � 4 A SCy 40 �D 22 T po s; V E :: :. ... :_: :::: N . .: ............. :: V r P D f ri'• ;:;. ::�Y s: . ........ . ... ...... ..... .. 13 PI ::4 P ELINE :: 1 N E 1230 ... ........ .... r G V ...... . ......... . . .. :;►:: 1240 ...... . ...... ..... ................ .. .. ... ...... . ...... ........... ......... .... ... . ...... l it ti XX w v .. 6 ........ ......... ... � PROPOSED LOT DIVISI QN . • .. .0 C� V r - - -- ri'• 13 ,ti 1230 t � ' 1240 l it •0 � uj h l ° Z I ti Q� h v o � o &7 Q 4 6. 1 A00 PROPERTY LINE MAP PROPERTY IN QUESTION }y ff' � 'f f ''' LAND PROPOSED FOR PUBLIC OWNERSHIP ti_:�:vs.': 4 N 4 Attachment 2 � s L eer' PROPOSED CHANGES 1s, The St. Paul Educational Foundation to off a rectangular lot from Parcel 1.above, the lot to be 200 feet long in the east -west direction and 180 feet wide in the north -south direction. There is a 16 year old house on this lot. 2. The St. Paul Educational Foundation to deed the former Sterling Street right of way back to the City of Maplewood. 3. The St. Paul Educational - Foundation to deed Outlot A to the City of Maplewood. OBJECTIVES 1. Create the 180 X 200 foot lot so that the existing house that was built on this lot 16 years ago can be sold separately from the rest ' of the approximately 16 acres owned by the Foundation 2. Return the Sterling Street right of way along with Outlot A to the City of Maplewood so that access will be available to the City and to adjacent property owners without the need to establish multiple easements. This is essentially a return to the situation that existed prior to the development of Maplewood Highlands, ACTIONS REQUESTED OF THE MAPLEWOOD CITY COUNCIL 1. Grant the variances to allow creation of two lots that will not have frontage on an improved street, namely th -.1.80 X 200 foot lot with the house described above as* one lot and the balance 'of approximately 16 acres as the other lot. The additional stipulation will apply that no future lot splits on the 16 acres will be allowed without action by the Maplewood.City Council.. 2. The City of Maplewood re- assume ownership of the Sterling Street right of way (un- improved) and accept ownership of Maplewood Highlands Outlot A. These to be at no cost to the City of Maplewood. 5 Attaciii 3 SUBDIVISION CODE VARIATION RESOLUTION WHEREAS, the Saint Paul Educational Foundation applied for a variation from the subdivision code to split off a 180- by 200 - foot lot for the existing house. WHEREAS, the legal description of the property is: In Section 13, Township 28, Range 22, the South 74 feet of the North 1815 feet of the West 1/2 of the S. E. 1/4 and also, the South 825 feet of the S. W. 1/4 of the S. E . 1/4 (subject to roads and highways) . This property is also known as 1230 Sterling Street South. WHEREAS, Section 30 -8 of the Maplewood Code of Ordinances requires all lots to abut on a publicly dedicated and maintained street. WHEREAS., the applicant is proposing to create a lot abutting on public property that is not a dedicated and maintained street. WHEREAS, this requires a code variation. WHEREAS, the history of this variation is as follows: 1. The Planning Commission discussed this variation on September 3, 1991. They recommended that the City Council the variation. 2. The City Council held a public hearing on , 19919 City staff published a notice in the Maplewood Review and sent notices to the surrounding property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described variation for the following reasons: 1. It is in keeping with the spirit.and intent of the Subdivision Code. 2. The proposed lots meet all City size standards. 3. The owners are not proposing any development. 4. Existing driveways provide access to the two proposed lots. 6 Attachment 4 This approval shall be subject to the following conditions: 10 The owners placing a deed restriction on the northerly lot that would prohibit any additional building without getting City approval. 2. The owner deeding Outlot A of the Maplewood Highlands Addition and the west 33 feet of their property to the City. 3. The owner recording the deeds for the lot division within one year, unless the City approves a time extension. Adopted on , 19910 kd /educat.res 7 Maplewood Planning Commission Minutes of 9 -3 -91 - 4 C. Lot Division and Subdivision Code Variation: 1230 Sterling St reet The staff report was presented. John Lyons, 1737 Ivy Avenue, representing the Saint Paul Educational Foundation (ski jump owners), said that due to. financial concerns they are proposing a lot division in order to sell the house which has been used by the club for an office. Possible liabilities concerning the City and property owner were discussed. Commissioner Rossbach moved the Planning Commission recommend adoption of the resolution approving a variation to the p• � � the existing subdivision code to split off a 180 x 2.00 lot for g house. The basis for approval is that: (1) It is in keeping with spirit and intent of the Subdivision Code. (2) The proposed lots meet all City size standards. (3) The owners are not proposing any development. (4) Existing driveways provide access to the two proposed lots. This approval shall be subject to the following conditions: (1) The owners placing a deed restriction on the northerly lot that would P rohibit any additional building without getting City approval. (2) The owner deeding Outlot A of Addition and the west 33 feet (3) The owner recording the deeds one year, unless the City app Commissioner Fischer seconded The motion passed. the Maplewood Highlands of their property to the City. for the lot division within roves a time extension. Ayes -- Axdahl, Cardinal, Fischer, Fro Gerke, Martin, Pearson, Rossbach Commissioner Rossbach moved the Planning Commission recommend the City Council direct the City Attorney to review the driveway off of schadt Drive Sterling Street into the property, including the City's liability, public use to ,the access to the private parking lot possibility ossibility of reestablishing a section of Sterling Street to allow public access into the parking lot, and the owner's liability having to cross public property to gain access to their property. Have City staff review the possibility of a second gate as a way of restricting access to the rest of the facility. Commissioner Martin seconded Ayes -- Axdahl, Cardinal, Fischer, Frost, Gerke, Martin, Pearson, Rossbach The motion passed. G -3 MEMORANDUM TO: City Manager FROM: Ken Roberts, Associate SUBJECT: Conditional Use Permit LOCATION: Demont Avenue, between Bittersweet Lane DATE: August 26, 1991 Ao'tion by Council: ftdoo No led Red voiced... Planner Date Flandrau Street and SUMMARY INTRODUCTION John Kavanagh is requesting a conditional use permit to build a single dwelling on an outlot that is not adjacent to a public street. The outlot is Outlot A of the Seasons Park Addition. Section 36-437(7) of the Code requires a conditional use permit to build on an outlot. Section 9 -1 of Code requires Council approval to build a home on a lot that is not adjacent to a maintained public street. (See the maps on pages 7 and 8 and the letter on page 9.) BACKGROUND September 11, 1973: The City recorded with Ramsey County a deed for Demont Avenue from John and Karen Oswald (1694 Demont Street). This deed is for a 33-foot-wide street easement for Demont Avenue in front of the Oswald's property. The City also recorded deeds from the property owners to the east of the Oswald's for Demont Avenue to Bittersweet Lane. I have enclosed a copy of the City Attorney's opinion about this deed and a copy of the deed. They are on pages 12 and 13. October 26, 1989: The City Council approved the preliminary plat for the Seasons Park Addition subject to eight conditions. December 28, 1989: The Council clarified the part of the motion for the preliminary plat approval for Seasons Park Addition about the two northerly lots. (See the minutes on pages 10 and 11.) February 12, 1991: The City Council approved the final plat for the Seasons Park Addition. This plat included Outlot A. ALTERNATIVES 116 Approve the conditional use permit. This would allow Mr. Kavanagh to build a single dwelling on Outlot A with a driveway going out to Flandrau on the Demont right -of -way. 2. Approve the conditional use permit, but require the developer to construct the driveway to Bittersweet Lane. The Oswalds (1694 Demont Avenue) requested this so the driveway would not go in front of their home. 39 Deny the conditional use permit. This would prevent Mr. Kavanagh from building a house on Outlot A. The Council should include specific findings in their motion in case there is a court challenge. DISCUSSION I listened to the tapes of the December 28, 1989, City Council meeting when the Council discussed Outlot A. The Council determined that it was their intention with the preliminary plat approval to include the property at 1694 Demont and Outlot A as part of the plat. That is,.the developer would show these as two separate lots on the plat documents. This is shown on the map on page 7. The City Council wanted to wait to determine the use of Outlot A until a specific development application was presented. Outlot A has 165 feet of. frontage on the Demont Avenue right -of- way and has 21,450 square feet. Having one dwelling on a lot this size would be in keeping with the character of the neighborhood. Alternative 2 is not realistic. A driveway to Bittersweet Lane would be about 370 feet long. The driveway to Flandrau would be about 200 feet long and almost level. There is a hill from the end of Bittersweet Lane going up to Mr. Kavanagh's property. This hill has about a 16% slope. -The City Engineer told me that this slope would require grading for a street or driveway. I can appreciate the desire of the adjacent property owners to maintain 'the privacy they have enjoyed for many years. The adjacent owners are objecting to a driveway in front of the Oswalds' home. Most homes, however, have a city street in front of.their homes. The Oswalds provided an easement for Demont Avenue and the City installed utilities in it. Their home is set back 60 feet from the south line of this easement. The normal setback is only 30 feet. Mr. Kavanagh is paying taxes on the site. The best way for the adjacent owners to keep their privacy is to buy Outlot A from Mr. Kavanagh. RECOMMENDATIONS Adopt the resolution on page 15 for an indefinite time. This resolution approves as conditional use permit to build one house on Outlot A of the Seasons Park Addition. This resolution also approves building on a lot that is not adjacent to a maintained street. This approval is based on the findings required by Code. 2 C CITIZEN COMMENTS Staff surveyed the 16 property owners within 350 feet of the site about the request. There were nine responses: Five were for the proposal and four were against. In favor 1. Utilities are in place, indicating that a lot is available. (Temr*eull - 2540 Flandrau Street). 2. T believe the lot owner should be able to build on his lot as long it is in compliance with codes at this time. I would like to see the right -of -way opened up to pedestrian traffic to allow residents of Bittersweet and Southlawn Avenues to have access to Four Seasons Park. Up until this time they have been denied access by the homeowner at 2522 Flandrau. Because the City maintains the right -of -way; cutting the grass, it should be open to the public. (Heller - 2548 Flandrau) 3. We see no problem in allowing this. (Jackson - 2547 Bittersweet Lane). Opposed 10 I object to this proposal because, as we have repeatedly tried to tell the Council, we sold the land as a utility easement only. Have it anywhere but not in our front yard. Have it come in from Bittersweet. (Oswald - 1694 Demont). 20 It will cause more traffic at the dead end of Flandrau - which is narrow. There are children on the streets with their bikes. (Bergstrom - 2525 Flandrau). 3. See the letter on page 14 from Mary Zappa. 3 REFERENCE STREET ACCESS TO OUTLOT A Section 9 -1 of City Code states that no building permits will be issued for any construction within the City, unless the building site is located adjacent to an existing street which is dedicated and maintained as a City street, or unless provision for street construction has been made in full compliance with this Code, and in no case until grading work, as provided in this Code, has been completed and certified to the clerk by the city engineer; except that, in isolated instances, the Council may enter into an agreement with a property owner for special handling of an unusual situation, which agreement shall be recorded so as to run with the land affected. The key word in this section is adjacent. The ordinance does not define it. The dictionary defines it as follows: "1. Close to; lying near. 2. Next to; adjoining." A house on Outlot A would be close to Flandrau Street and Demont Avenue, but would not directly abut these streets. Section 1 -42 of Code requires that all general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of such provision may be fully carried out. Mr. Kavanagh should also be aware that he will have to construct a twelve -foot -wide, all- weather driveway from Flandrau Street, as required by the Fire Code. PRECEDENTS The City has approved lots in the past that do not have frontage on.an improved public street. In 1980, the City Council approved a lot- frontage variation to allow Keith Libby to construct three dwellings on a land- locked parcel. This site is between I -494 and Century Avenue in south Maplewood. This approval was subject to three conditions. These included the applicant installing a paved driveway on the existing right -of -way to the specifications of the City Engineer. The Council also required the applicant to sign and record a maintenance agreement about the driveway including snow plowing. On July 2, 1981, the City Council approved a lot - frontage variation of 35 feet and a lot division for Richard Defrense. This was so Mr. Defrense could divide property on Desoto Street just north of Larpenteur Avenue into three lots. A 32 -foot -wide asphalt, common drive, with utilities, serves these lots. In 1988, the City Council approved a lot frontage variance for Lance Biershenk for property at 1420 Sterling Street South. This 4 approval allowed Mr. Biershenk to create a lot with 30 feet of frontage on Sterling Street which has 3.3 acres of area. This 30- foot -wide strip of land also serves two adjoining lots as a common.driveway. In all of these cases, the Council placed a condition on the approval about driveways to reduce emergency vehicle access problems. kr /memo33.mem (10 -29) Attachments 14 Location Map 20 Property Line /Zoning Map 39 Site Plan 49 Letter: John Kavanagh 5o 10.26 -89 City.Council minutes 69 12 -28 -89 City Council minutes 7. 10- 13. -89 letter from City Attorney Pat Kelly 80 1973 quit -claim deed from Oswalds to City 9. Letter: Mary Zappa 10. Resolution 5 --- R o „ D „ ,. W J son Lu Q O > fr LYDIA v J L >. µAPp►"ti ' x W ' 19 v s S �0 _.� B ��S < v J W 9 49 L VD i .� Y 3 wood Nts B EA M • 3 19 ♦ 1 w •'� cc LL v v ��) I /�/ =sue •. _ _ _ Cr POAD .� NHL MAN d AV Norm. Y KOHLMAN AV Z � � y v Hale /Mood 0 a O �- Pk W W o Ix RD 23 ..Cu -� T29N,R2ZW a 2 a ; -= i v W 1► ~ N EDG HILL RD 1011 NX W QAZ H NOR Ay �* of MO AV m g 4F e N a ELE VF SEXTANT H PJ M '::. AV AJV T AV W a ° a 13 GERJUS GER'VAIS Q GRANDVIEW AV . W CT Q CD VIKIN DR Y % `.� TLE jy.. R R N AV �,� 3E COPE A y Knuck le Heod L oke � LE A�:.:::::I COPE AV ;... j . W cA W A }- 1-• J N �+- M y A !- a N H a Z V LAURIE ? R W ;j A _ SAer- 4 Y �++ Ir cc v R 1 E RD A N RST pC wood Pk= v W o SAND- HU 2 AV o Z e ? o Y CO > RO • . N Z � lb 9 E AV o BU RKE o RbbinhoodV 0 '000000 m ELDRIDG AV 3 � Flo J Q �� 5 vs W L7fy Ho/I � BEL AV r� A, , I ,y > ILL1rtAN AV cr Q RRIS A , Q Q ° N ROSEWOO 0 !! S AV RY-J&N A/ LOCATION MAP Attachment 1 4 N 0 .N 2245 0 i3 !G7 of (37 ac) '.37 ,,9) j i C S 13 - -T- - - �a 2532 F3 � Alf El in � .. • o 2 -2520 11� -� d • • ", 2525 ' 527 ' t 14 6 N 400' 33 2522 p8G 15 6 150.01' tb0 01• 33 33 'f z, w �''r�r DE MONT UNDEVELOPED 551 - - ts• •t IZa� ' t Iwo a ;on r 1, toll 'T w r ,, M �:C ......: STEEP HILL ....: ......... 1694 . ............ w o ............. ............. 1 it P4 j • t 40 2473 ❑ s i w' s •� s� 4 m N - PARK (a� W CO a op 1 O O 0P R1 HURCH 0 • 02 m Q 2480 6 0 Z 024 72 Q a .J - o U. 1 2464 � m a p2456' 2448 ❑ 2432 .69�c. (s 2416 ozo OL 0 0 I* 0) 04o d�o C3) or 4.50a.c• 1. 60ac. LBC 030 � oz o ..3 �31•for9' too' *. z�i.6S' -- — -• MI E 0 WA �lr r lrr ■� GERVAIS AVE. . - -- _ _ • - %.,C4 ° o= N --: . PROPERTY LINE / ZONING MAP Q N 7 Attachment 2 D OUTLOT "A" SEASONS PARK ADDITION TO MAPLE WOOD - O _ z 14. fine orr e Se. t j4 on %e NF. t14 4 U /'0rsec.lc T.29N w E.q. ;Zogers# (3orcden Lacs* = 330.58 n - - - ' �r w , r •,�, n �, i , IA 5 1 ,,.•. ,•�,•'• 164.95 I M 0 I 9 00 N l Inch 60 Feet bl Ln Ile S. \Ik T3 . r,, wj t. { 41, . ole Os I i (ow Cu ' K g,9" 'S 6' 00 Lu 1 , . • . •, w, s• .''� � — r i tOS.14 � ,. r �,� �D •p� ��d' `'�+ i H• 8°�° Z4 39" E.1J ,* � ; 0 — — — --- — — L.- 54.2 � O �0 � a - •• '•�? r o. 9 e •-•- 0 DD PD wl La o 0 r - j' VA 89 1'I" W 1 10 ,. O /Z(, A SITE PLAN 4 N 8 Attachment 3 MAY t 4 1991 758 East 4th Street St. Paul, MN 55106 May 1 3, 1991 Director of Community Development City of Maplewood 1830 E. County Road. "B" Maplewood, MN 55109 Subject: Conditional Use Application Request approval for a driveway, over the existing South thirty - three (33) feet of Demont Avenue, East of Flandrau Street, to provide access to Outlot "A ", Seasons Park Addition to Maplewood. The .intended usage of Outlot "A" is for the construction of single family dwelling. An eight (8) inch main water line, with existing stubs, and an eight (8) inch sanitary sewer are in place as indicated on the attached drawing. The proposed driveway will not create any undue disturbance, traffic congestion, or will it affect the environment. Nor would there be a requirement for excessive expenditure of funds for public facilities or services, Very truly yours, f Jo J. Ka anag 9 Attachment 4 2. Pi elimina = Plat: Seasons Park. D f6t a. Manager IIcGu_xe presented the Staff repo: G G�Z b. City Attorney Kelly presented the legal:.tieL of the s tuation. C . Dim ector of Community Development Olson answered quest: ons f rom the Council. d. Ifayor. Greavu called for persons who wished to be head for o:• against: Tine f ol_ov..ng vo: ced their opinions: Kar Oswald, 1694 Denont Bill Burns. 2.527 8�tterEweet Lane Mari., o Cocch are representing the developer, Sherman- Boo.ali: Interec.ts, inc. e. Councilmen, ber Rossbach moved �to - Uprove Iw Seasons Park Addition preliminary 2 subject to the f oll Condit ions : .1. Approval of final .grading, utility, drainage, ei•os:.on control and street plane by the City Enginee&•. 2. The grading plan shall include a proposed building pad elevation and contour infotmzt on for each homesite as we:? as the areas to be disturbed f or .street construction. Housing styles shall be illustrated which minimize grading on sites which contain trees to be preserved. Deviation f row. this approved grading plan may be pe ma tted by the C ty Engineer. provided the intent of the overall grading ' plan is complied with. 3. Submit a signed Developer's Agreement with required surety for all required public improvements, erosion control and tree planting to the City Engineer. including an e_ght- foot -wide trail on the recommended easement, south of Lot 20. 4. Approval of a tree removal and planting plan to the Director of Community Development before grading or construction beg ins or final plat approval is given. This plan must illustrate the trees that are to be removed, those that are to be retained and those that are to be replanted. 5. Rev:Lsion:= to the future Fland Street profile to conform . more c".osely to the natural grade and allow for come tree prese.�vation. 6. Provision of a 12- foot -wide tra:? easement from proposed Flandrau Street on or along the south lane of Lot 20 to P -ov:* de a subdivision connection to Four Seasons Park. An eight- foot -ulide asphalt trail to be installed by the developer. 7. Provide an outlet for the pond kect of the prat, witli app ..•opriate easements to a confirmed City storm drainage system. F. Lot B be - .'ncluded in the Seasons Park nat. Seconded by Mayor Greavu. Ayes - Mayor G=eavu, Councilmcmbers East3 3n and Rossbach. Nav - Counc lmember Anderson. Attachment 5 2. Season's Park Plat: Clarification of Motion X�-o� �- �' a. Manager McGuire presented the Staff report. b. Director of Community Development Olson explained the Staff position. c. Counc ilmember Rossbach moved to accept the developer's elan, with Outlot A and Lot .,l = ,Block 2 as separate lots in_the plat, or meet ina the intent of the on i a reliminary vlat condition. Seconded by Councilmember Anderson. Ayes - all. John Daubney, attorney, wished to take this opportunity to congratulate John Greavu on his retirement as Mayor of Maplewood. Mr. Daubney stated Mary Greavu would be greatly missed and that it was always a pleasure to appear before him; that he was always. fair and direct. i 11 Attachment 6 SENT BY:BANNIGAN AND KELLY ;10 -13 -89 4:06PM ; N 6122236019 4 612? ?0459 ?; # 2 BANNIGAN & KELLY, P.A. wr►oRHSrs AT u►w 4W MtQVNlST FEDERAL BUILDING dTM AND -CEDAR SAINT PAUL, MINJV980TA islQ4 li 121 Sis -i" t J064M F. QANNIGAN J*, PATAIGK J. 92"y JAMES J. WANtON JAHffT M. WILENSKI October 13, 1989 W. Geoff Ohon Maplewood City Hall 1830 East County Road B matplewood, bw 55109 R 11, 1973 -bald awd- Dear Mr. Olson: Thy attached Deed is recorded with the Ramsey bounty Recorder: Document No: Date of Recording: Date of Deed: i 73 09/25/73 16617 P .m. 09/11/73 FAX 41 21 !#3 -801 ! I .have iatciviewed VVsllium Cass who apcaf=lly states that street and road rightwof- wdy ��er�snt was dis�c� and &gteei� upon wltb the 06walds. 71e acquisition of the road easement and right -of way easement was consistent with the adjomiag property owners, Black and Folger, Finally, the Deed has been recorded for 16 years without any formal dispute. Mr. Cass specifically recalls discussing and reaffirming the right -of -way Impage with the Oswaids in the ea1y 1980e. Based upon the i obtained thus fat and the age of the doc=ent the document ia valid until graven otherwisec. 5 werel y o^ BANNI & ME .LY. FA Pah�lck J. MUM 12 Attachment *7 SENT BY: BANN I OAN AND KELLY ;10-13-89 4: 08F'M ; 61222380194 6127704597; # I %I t jul-z� a, U13 lzbis MIT ta amok Rik& 0�. ty IrAt of _ M! spcd. Lw B Vill& R- I Pd ue 11pq a/ Ike Aral wris Q 10 nm I § IJL icy of ike wwwd P OO, 0 1he diets A. low sm pop's JA aw o f JAW own of Wirt Thei ohm '0614 - --- HIM Aw"d impk 00 UAM~ • il WIN 1* Mig amd WON d1` vote fie our(...w pnftv"-&/ "" 1wrot its "wwww &a "pop " U Qwqw ""At r -ARA It"& Ul*nf" 41 Fri. a pes7aAent'"Stsest ud COM Ughtvilw undev,p ILCTOSS Ard tuorAlk the folzu"Ap half (112) of Th,* Korth 04.rVj thPIA (33) fGAt Of "t MOM G"' ( : ) 2 ) of Lot L &a Rogan 6& rdo Lotse wn �Q UUw.CQ Ttj= ANO r. 5 $73 *11101.6 4, it,y*, Uty Awry V! Np.!D Ff A. PAW &*4 bell 287*227• �� wwo or 44 *& appotawa k* 06 amid pAv of A" tWA6 fSPOW. - i as Nd 71 he— LA mid OW da and V ~ Orm saw" 7r T To 090 1 Q J. 6 !. I W� .- 7-1 M ga l -TIP • �C1t � �i�tn�l�Qt�. �, -- *Imp � a1.w.�,.�.�r,ww..�.ww•� ��� ��I i1�M to_ A fm of NO his P .-&W'01srd lo *Rd wift •ww"10• tim lasimporsd AS-A f #,..AWMW an sow *rd- WL "W41MAl' & r,"RES1 up 4AT"&'4j.j,j j 4T LAW 9 1%fto 40 Pdd POW* CM111TV ftwumpud -%now anew w uhus I" 13 Attachment 8 '' 'z7 t .i �.-. ^YYx ?�_a -nom r,�,: .l a.KZ .t.����, P . t4w jK f'l s s ' Er I _46 7 j;., R E] 'ni ll INC R - �Mlmaulilv - Cr -a. Vk 7 7 l IMML_ r4 WIWI A� Fly,— Jak Nw/ t,A Mr. A WR - � f. Z: 1!� � �_�./at /�iL +. _ / /� IArL�/ F yyv'Er`?r F `l` - � ,�� �� a ¢3z��.ic�j >�: � a. �.R -x ,r �,, 'rte+ .i;. •�, �.+� ,,,� ' �) -'-•Gx r...r ' r5. , .tiZT.'� 'F C''�` f.�� / ^ •.{+M�t��y . Fri CONDITIONAL USE PERMIT RESOLUTION WHEREAS, John Kavanagh applied for a conditional use permit to build a single dwelling on an outlot that is not adjacent to a maintained public street. WHEREAS, this permit applies to Outlot A of the Seasons Park Addition. WHEREAS, the history of this conditional use permit is as follows: 10 The Planning Commission discussed this application on , 1991. They recommended that the City Council said permit. 2. The City Council held a public hearing on 19910 City staff published a notice in the paper and sent notices to the surrounding .property owners as required by law. The Council gave everyone at the hearing a chance to speak and present written statements. The Council also considered reports and recommendations of the City staff and Planning Commission. NOW, THEREFORE, BE IT RESOLVED that the City Council approve the above- described conditional use permit for the following reasons: i. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 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. 59 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. 15 Attachment. 10 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. 90 The use would cause minimal adverse environmental effects. Adopted , 1991* kd /kavanagh.res 16 Maplewood Planning Commission - 3 - Minutes of 9 -3 -91 (3) The adjoining pvoperties have adequate street access. (4) The City Engineer li ves that the City should not construct a street o -this right -of-way because of the steep grade. The City shall record teach re lution after * the adjacent property e owner deeds to Rams 'County 1 5 feet of additional right -of -way for Arcade Street. Commissioner Ger -e seconded yes -- Axdahl, Cardinal, 'scher, Frost, Gerke, Martin, P rson The motiorl/passed. Nays -- Rossbach b. Conditional Use Permit: Demont Ave. (Kavanagh) Ken Roberts, Associate Planner, presented the staff report. John Daubney, an attorney representing John Kavanagh, explained this request for a conditional use permit to build a single dwelling on an outlot that is not adjacent to a public street. In response to a question from a Commissioner on the proposed P lacement of the dwelling, the applicant, John Kavanagh, said the proposed placement of the dwelling on the west side of the outl,ot would decrease the costs for sewer installation and the driveway. The Commission discussed the possibility of a future property owner requesting a lot division to divide the property to add a second dwelling. Mr. Daubney suggested that the registered deed state that Outlot A shall never be used for more than one single dwelling. Mr. Daubney said the placement of the dwelling on the g outlot could also be included in the deed as a negative easement. The installation of a road and the responsibility of its construction and subsequent costs versus a driveway installed by the applicant were discussed. Joe Zappa, 2522 Flandrau Street, explained the history of this property and spoke in opposition to this request. Commissioner Frost moved the Planning Commission recommend adoption of the resolution for an indefinite time. This resolution approves a conditional use permit to build one house on Outlot A of the Seasons Park Addition to be recorded by a negative easement on the deed. This resolution also approves building on a lot that is not adjacent to a maintained street. This approval is based on the findings required by code. Commissioner Cardinal seconded Ayes -- Cardinal, Fischer, Frost, Gerke Nays-- Axdahl, Martin, Pearson, Rossbach The motion failed. e AGENDA REPORT Action br Council: adore City Manager Michael McGuire • ye pats To. Kenneth V. Collin , From: Director of Public Safety K �, Fr Date, Application For Liquor License - Scott A. Winer: Subject . Appl Date: September 16, 1991 Introduction • intoxicating liquor Scott A. Winer has applied for an intox g license for Champps of Maplewood, 1734 Adolphus Street. Background • en done on Mr. extensive background investigation has be . Winer. He has no • An cannot find any evidence that he holds known contacts with the police, and we a l i quor license in any other establishment in the State of Minnesota• Recommendation • investigation on this individual and After conducting a thorough background g an • d an discussions with him, I do not find y reason to deny his application for intoxicating liquor license* Action Required_ liquor license Application for � ntOx� intoxicating 1 i to be submitted to the City Council for their review a q • and approval or denial. pp KVC:js cc City Clerk Liquor File 91- 010738 - CITY OF MAPLEWOOD f MXI CATING UQ 11C ENSE AP PUCATION f E _ TSI.S APPLICATION BE= Ell.. ..3B MITED IN IDUPLICATE• Pleast do not use initials. Whoever shaD knowingly as - -, fltuUy iahity the sulwen to tke ioUo wing Questionnaire shall be dKmad pBty of perjury and ah.. ik punished socordin,tly. In anr•�►ering the foBowin� �ystiona 'APPLICANTS" shall be governed as Wows: For a Cor- po�ation a officer alull execute ti:is application for aD dicers, directors and stockholders. For a part- ershi cat of the "APP1 MM" ahall t=*cut# this application for all mesu►bers of the partnership. a p VIRy GUES110N Mvsi BE ANSWERED 1. L Scott Allen Winer 2n ofUeer � . (lsWriduaJ ownst, omoar or pa�taer) for and is behalf cL Two J's Inc. a Minna r for any in .behalf of Belwin Associates, a Minnesota general partnership, 17 Adolphus I reby apply for an G nr._ Sale IntoxIcating Liquor License to be located at Street , Maplewood, 1 .1 1 ,1_nnesota 55117 (SEE EXHIBIT A FOR LEGAL DESCRIPTION) in the city of (Give addreu and k9al description) in amoraance with the provisions of Ordinance No. Maplewood, County od Ramses, .State of Minnesota, . 95 of Maplewood. 1. Give applicants' date of birth: . Scott Allen 14iner April E. The residence for each of the applicants mmea herein for the past five years is as follows: 4555 Glacier Ln. _ Plym outh. ' ' 343; 8317 -- 32nd Avenue No, Crystal._ MN 55 27• 51A Sheridan Snl1�uarP fi,? nc tnn IL 60602 d. Is the applicant a tltizen of the Ualted Stslts?. Yes . M. If naturalized state date and place of maturaliss If a corporatke or * state titizensb 3p including nstuyWitation of each officer or partner. Scott Allen Winer - citizen of the U.S. Norman Howard Winer - citizen of the U.S. 02 Alden Earnest Landreville - citizen of the U.S. r / - ;.9 - .V 4 )- Wayne Thomas Belisle - citizen of the U.S. 1 07 L The person who executes this application Shall give wife's Cr husband's full game and address..' Randi Lynn Winer 4555 Glacier Lane P1 outh Q Minnesota 5446 �� - � � -' � 6. V&&t oempations have applicant and associates in this application followed for the past live sea Real estate sales a -may If partnership, State name and iddr s of each parlaot BW O p erations . Inc . 2431 West 7 St. , St. Paul, Minnesota 55116 and Two J's, Inc., c /o Scott A.. Finer, 4555 Clacier Lane, Ply mouth, Minnesota 55446 If • W poration, date Cif h=rppr&tJ Two J's, Inc. - April 23, 1991 state in ' which Minnesota aumst of au thorized capitalisation S10.000.00 t�anotrnt od' Pfd 3n Capi $ 4.0.000:00 N a subsidiary of ua ether opsppsa ap a subsidiary of Norman H. Winer & Associa Inc. a Minnesota corporation rive purp of eorp0mtj ownership and operation of restaurant and bar name and ad&m of all Of5cers. directors and stockholders and the number of shares held by each: director and Norman H. Winer 8927 Minnehaha Circle St. Louis Park" MN 55426 so reholder (Name) (adder) (aty) - A . 0 9 000 shares S cott A. Winer 4555 Glacier Lane Plymouth, MN 55446 director and Pres., Sec'y. & Treasurer No shares ( SEE EXHIBIT B FOR INFORMATION O N BW OPERATIONS, INC.) r If incorporated under the laws of another state, is corporation authorised to do business in this State? No Number of certificate of authority None If this application is for a new Corporation, include a certified copy of Articles of Incorporation and By- Laws. S. On what !loot is tht establishment locst4 or to be located? Ist floor an d lower level 9. If operatang under a zoning ondinanrr, how is the location of the building classified? ..liuS.t nP Commercial Is the buildint located within the prescribed area for such license? Yes 10. Is the establishment locattd near an acadea ►, college, university. church, grade or high school? No State the approximate distance of the establishment from such school or chu 11. State name and address of o wner Of bUDding.._. Qem Enterp ri S P ine- a,. MinnPGnta , 0 n_u a rn t ion , c/o Hoffman Corner Oil Co. 3595 Hoffman Road White Bear L ake , n : � has owner of building any connection. directly or in- d rWUy. vft applicant I No ]L Are the tares on the above p ro perty delinquent) Yes . to be_b, might rurrpnt Lt Fm 11 a llox l icense • obtained 1E. State whether applicant, or any of th tL U& ipglication. ha ewer had an application for a Uquw Life wjec by an municipality or State au thority; V so. rive date and details No 14. Has the appli=t, or any of his associates in. this application, during the li years immediately preceding this application ever had a Ucease under the Minnesota Uquor Control Act evoked for say Violation of tech laws or foes! ordiaances ; if so, rive date and detail Wn ILL . state wbether a PP l3cant, W MY of his associates In this ( a pplication, during that past live years were ever convicted of say t3gvor L w vlobtlomt cr ja y aim►e b this state, or any other - state, or cinder Federal No and if so, rive date and d etalls NO Is ap of his associates in this application, a member of the tovcrniag body of the is. PP � or an =ounici Pat3' in which this license is to be issued? hO-- -- It soy in what Capacity? NIA 17. State whether any person other than applicants has any right, title or interest in the furniture, fixtures, or equipment in the premises for which license is applied, and if so, give names and details a, Security interest gra nted to Two .J's Inc. eneral Partner in the partners—hip b. Standard lease security under lease agreement 18. Have ap any interest whatsoever, directly or indirectly, in any other liquor establishment in the State of Minnesota? X95 Give name and address of such establishmen Champps _ of Sr . Paul, 2431 W . 7th St., St. Paul, M. Liquor license in name of B Ventures I, Inc. Alden E. Landreville owns 52.5% of the stock in B yen r G T Tn l - 19. Furn iah the Mmes and addresses of at least three business references, including one bank refer- 4MCP refer- !MCP lst Nat Yinneapolls Chatles P. Brink, Esq., Brink & Coleman P.A. 2880 r'orwest Center t., Minneapolis MN 55402 Richard M. Berc, Berc & Fox. Ltd _5001—N- c.,it 70o- I44082pol3.s -, M 55437 so. Do y ou p a retall dealer's identification Card issued by the Liquor Control Commissioner Which will exp ire December 31st of this year? Give number of sam Uill be applied for 21. Does applicant inteni to sell fat xiwtint liquor to other than the consumer? 1 o W. Mate whether appli ktessds to tes, operatic or permit the posse ion or operation of, on the iii premiss oe i am room adjoining the licensed premises, any Slot machine, dice, tam Wing device and apparatus, oar permit any =ambling the rein. No ' 23. Are the premises now occupied, or to be occupied, by the applicant entirely separate and exclusive from any other business establ'nhmentl - U. State trade Dame to be o sed Champps of-Maplewood 26. State name of pan= that will operate store.... Scott Allen Wine r 26. Cive red" Retail Liquor Doaler'e Tax Stamp Number To be a pU1 ie f or - 27. If off We been" Is. applied for, do you intend to deliver liquor by webicle T N/A If $o, state amber of motor web a permits Lsued by Liquor Control Commiudoner for current year 29. If you are buflding a new bundini for the PW pom for which this application is befog made, please submit plans and sper..ilicat3ons with that applicatiau. :9. Fiaaacint of the construction of this bun wM be as Wows: Funds provided by Two J's Inc., a general part1jer Two J's, Inc. has obtained a loan through First National Bank of Minneapolis SO. Furnish a personal financial statement with this application. If a partnership, furnish financial state- went. of each partner. Sl. Give description of type of operation if this is an on -sale license application (i.e, whether cock- tail lounge, mite club, restaaurani, etc., specifying capacity by number of customers and any other pertinent data) ' U .0 f $2. What previous expersenoc bsvc you Ima ha the operation of the type of business described in the Y- inneapolis , MN an swer to No . 81 above Waiter . at E1 Torito and Na tucket Cove - Vegtaurants . Chica o, Illinois• resentl a to ed at Cbampps of S Paul S3. Applicant, and his associates in this application, wm ttrk0y comply with all the laws of the State of Minnesota gave nint the taxation and the ask of %toxicating liquor; rules and regulations promuyrated by Se I3gvar Contr l ComWasioner; and all wdina r-es of the municipality; and I hereby certify that I have read the f oregoing Queue tod tha. the answers to said questions are true of my own knowledge. Subscribed and sworn to before me this at A 0 • O ..L. ALAN B. DEMMER .�..._� day 1 NOTARY PUBLIC - MINNESOTA DAKOTA COUNTY My Commission Upku OcL 31.1991 It THIS APPLICATION MUST BE ACCOMPANIED WITH YOUR CHECK FOR THE FIRST LICENSE PERIOD. )tEPORT ON APPLICANT OR APPLICANTS BY POLICE DEPART'KENT This fa to aw*y that the applicant, or his associates named hereb have not been convicted with- h the past live years for any violation of Laws of the State of Minnesota, or Municipal Ordinances 2*1ating to btoecatirg Liquor, except as hereinafter stated. KAPLEWOOD POLICE. DEPARTMENT ,0prvv9 by • 71tle. REPORT ON PREMISES BY FIRE DEPARTMENT This is to tertify that the premises herein described have been inspected and that all Laws of the State of Minnesota and Municipal Ordinances relating to Fire Protection have been complied with. MAPLEWOOD FIRE DEPARTMENT Approved by: --- Title. 4 EXHIBIT A 1 Legal Description That part of the North 465 feet of the South 755 feet of the Southeast Quarter of the Southeast Quarter of Section 18, Township 29, Range 22, Ramsey County, Minnesota, lying Westerly of the Westerly right -of -way line of U.S. Interstate Highway No. 35E (formerly State Trunk Highway No. 10 -62). Together with an easement over the West 30 feet of the South 290 feet of the West 1/2 of the Southeast 1/4 . of the Southeast 1/4 of Section 18, Township 29, Range 22. ,14a EXHIBIT B 7. Partnership Information as to BW Operations, Inc. If a corporation, date of incorporation Ma 24 1991 , state in which incorporated Mi n nes ota , amount of authorized capitalization 1000000 , amount of paid in capital $2.000.00 if a subsidiary of any other corporation, so state Not applicable give purpose -of corporation ownership and operation of restaurant_ and bar _ names and addresses of all officers, directors and stockholders and number of shares held by each: Director and Alden E. Landreville 3884 Stockdale Rd. Vadn is Heiiihts,, MN 55127 President (Name) (Address) (city) 10,000 shares Director and Wayne. T. Belisle 196 So. Mississippi River Rd.,,,_St. Paul, MN 55105 ec'v /Treasurer No Shares Timothy F. Belisle 196 So. Mississippi River Rd. t. Paul MN 55105, Shareholder 2,500 shares Thomas J. Belisle 196 So. Missis, ippi River Rd.. St, Paul, MN 55105 ..._,Shareholder 2,500 shares Kristine R. Belisle 196 So. Mississippi River Rd., St. Pal N 55105 Shareholder 2,500 shares Nangy J. Blumbem, as custodian for Kan* M. Befis1g 196 So. Mississi i River Rd.. St, Paul. MN -55105 Shareholder 2.500 shares AFFIDAVIT OF SCOTT ALLEN WINER STATE of MINNESOTA ) ss.. COUNTY OF HENNEPIN SCOTT ALLEN WINER, being f irst duly sworn, upon oath, deposes and states: 1. I am the same Scott Allen Winer who, as an officer for and in half of Two J's,, Inc., a Minnesota corporation, which is a general partner for and in of Belwin Associates, a Minnesota general partnership, executed an Application for Intoxicating Liquor License for the City of Maplewood, dated June 20 1991 . 2. It is my understanding that said Application for Intoxicating Liquor License is to be filed in my personal name, and I therefore request through this Affidavit that the Appl ication for Intoxicating Liquor License be made in my personal name. 3,s I do not now hold,. and never have held, a liquor license in my name, whether directly or indirectly. 4. As set forth in paragraph 5 of the Application for Intoxicating Liquor License, my wife's full name and address is: Randi Lynn Winer, 4555 Glacier Lane, Plymouth, Minnesota 55446, and her date of birth is November 26, 19599 5. I have further attached as Exhibit " A " my personal financial statement. Further, Affiant sayeth not. J SCOTT ALLEN WINER Subscribed and sworn to before me thi 26th d of June, 1991. V %,r - - - - - - - - - - - - - s► ALAN B. DEMMER '� NOTARY PUBLIC -- MINNESOTA DAKOTA COUNTY . 's_. c,►r AA 31.1991 Your Fi nancial Position Page 13 Current Net Worth LIABILITIES Mortgage(s) 58 15% Automobile Loans 0 0% Credit /Charge Accounts 0 0% Other Obligations 78 21% Total Liabilities 136,000 36% Net Worth 240 64% 1' EXHIBIT "A" Analysis: Scott and Rand! Winer 0019 1130 $876 2 013 Percent As of 10- May -91 Amount of Total LIQUID ASSETS Ca s h/Vrmck. f ng Amounts 7 9 000 2% Money Market Accounts 0 0% Other Liquid Assets 9 3% Total Liquid Assets 16 4% INVESTMENT ASSETS Bond 1 0% Tax4ree Bonds 3 1% Stocks /Stock Options 30 8% Real Estate 80. 21% Individual Retirement Accounts 0 0% Qualified Retirement Plans. 7,500 2x Other Investments 0 0% Total Investment Assets 121 32% PERSONAL ASSNS Residence(s) 190 50% Automobile(s) 21 fix ;�. .0ther Personal Assets 27,000 7% Total Personal Assets 238 63% Total Assets 376 100% LIABILITIES Mortgage(s) 58 15% Automobile Loans 0 0% Credit /Charge Accounts 0 0% Other Obligations 78 21% Total Liabilities 136,000 36% Net Worth 240 64% 1' EXHIBIT "A" Analysis: Scott and Rand! Winer 0019 1130 $876 2 013 ' AN i ob I s innes 43 o f Ma e ot Y OF ECRE CATE OF I NCORPORATION Dt8te of Growe, Secretary Of 0 Joan Anderson of I ncorporationt it ify that: Articles Minnesota wledged under Oa f State for the duly si and ackno o f the Secretary 0 in the O ffice co rporationt under and in this d3te lowing o f Minnesota incorporation of the fol ions of the chapter accordance with the provis* li sted below. statutes-0 qal or under the This corporation is now le_ laws o f, Minnesota. Two J's, Inc. CorporaLe Name: er Number Corporate Chart der: 302A Chapter Formed Un This certif-i^-a IL y of state* Secretar .0 _r _J 43(1) ARTICLES OF INCORPORATION OF TWO its, INC. The undersigned, a natural person of full age, for the purpose of forming a corporation under Minnesota Statutes, Chapter Y 302A does hereby adopt the following Articles of Incorporation: ARTICLE I NAME r V , The name of this corporation shall be Two J's, Inc. C. ARTICLE II REGISTERED OFFICE The registered office of this corporation is located at 2880 Norwest Center, 90 South Seventh Street, Minneapolis, Minnesota 554020 0 ARTICLE III INCORPORATOR The name and address of the incorporator are: Name Address Charles P. Brink 2880 Norwest Center 90 So. 7th Street Minneapolis, MN 55402 C ARTICLE IV CAPITAL The aggregate number of shares of stock which this corporation shall have the authority to issue is 1,000,000 shares with a par.value of $.01 per share. a ARTICLE V CLASSES AND SERIES OF STOCK In addition to, and not by way of limitation of the powers granted to the Board of Directors by Minnesota Statutes, Chapter 302A, the Board of Directors of this corporation shall have the power and authority to fix by resolution any designation, class, • t • n reference, right; qualification, series , voting g p ower , P r res triction, dividend time and price of redemption, limitation, res , � and conversion right with respect to any .stock of the corpora- tion. Upon adoption of atich resoluticn, a statement shall be P P filed with the Secretary of State in compliance with Section 302A.401, Minnesota Statutes, before the issuance of any shares for which the resolution creates rights or preferences not set forth in these Articles. ARTICLE VI SHAREHOLDER VOTING No- shareholder of this corporation shall be entitled to any cumulative voting rights. The shareholders of the corporation shall take action by the affirmative vote of the holders of a majority of the shares d entitled to vote except present an t where a larger proportion is P required by law, these Articles of Incorporation or a shareholder control agreement. The of f irmat ive vote of a majority of the voting power of all shayf s entitled to vote shall be required to authorize the sale r lease, exchange or other disposition of all or substan- tiall Y all of the property and assets of the corporation, 43CA e Articles of Incorporation go ' i ' c3uding its .odwill , to amend the Art �. n • an a of merger or to authorize the to adopt orr re.3 ect dissolution n of the corporation. ARTICLE VII pR EBMp LIVE RIGHTS shall have any prefer - No shareholder of this corporation . • bscri • other rights of s to any shares P ential, preemptive, or allotted or ' es of stock of this corporation of any class or sera sold, whether now or hereafter author z `zed or to ble into any class or see . obligations any of stock of ti or securit1es convey this corporation. ARTICLE VIII BOARD OF DIRECTORS VOTE . Board of Directors • of a majority of the B The affirmative vote ' is required for an action of the corporation present at a meeting of the Board. ARTICLE Ig 80piRD ACTION WITHOUT A MEETING ' perm to be at any meeting Y An action required or p 'rectors may be taken w ithout a meeting by of the Board of D1 i by all of the Board of Directors then In written action s g ned ire shareh older t as to those matters which requ office, excep • . he written action sha ll be signed by all appr oval In which case t members of the Board of Di rectors then in office 4360 incorporator IN WITNESS WHEREOF, orator has executed these p Articles of Incorporation on April 22, 19910 INCORPORATOR: Lao TO Charles P. Bri STATE OF MINNESOTA ss. COUNTY OF 'r� f re oin was acknowledged before me on 1 j.. 4� ' �he o g Y Notary Public (NOTARIAL SEAL) r e MM1M�M� �E+!�ta STATE OF MINNESOTA DEPARTMENT OF STATE FILED fiP 3 1991 664 0 444aw r o( sue. s 0 BY - LAWS OF TWO its, INC. .ARTICLE 1 nliprTMRA Section 1.1 REGISTERED OFFICE The registered office of the corporation in Minnesota is the place designated in the Articles -of Incorporation as the registered office of the corporation. The corporation. may change its registered office in accordance with Chapter 302A, Minnesota Statutes, as amended from time to time (hereinafter, OChapter 302A , P') Section 1.2 PRINCIPAL EXECUTIVE OFFICE The principal executive office of the corporation is the office where the President has an office. Section 1.3 OTHER OFFICES The corporation may have such other offices and places of business, within or without the State of Minnesota, as the directors may from time to time or the business of the corporation may require. ARTICLE 2 SHAREHOLDER MEETINGS Section 2.1 REGULAR MEETING 2.1.1 Frequency Regular meetings of shareholders may be held on an annual or other less frequent periodic basis, but need not be held unless required by Subsection 2:1.2, 2.1.2 Shareholder Demand If a regular meeting of the shareholders has not been held during the immediately preceding 15 months, a shareholder or shareholders holding three percent or more of the voting power of all shares entitled to vote may demand a regular meeting of the shareholders in accordance with Chapter 302A. 2.1.3 Time; Place A regular meeting, if any, shall be held on the day or date and -at the time and place designated by the board or, absent such determination, by the President, except that a meeting called by the demand of a. shareholder pursuant to Subsection 2.1.2 shall be held in the county where the principal executive office of the corporation is located. 2.1.4 Elections quired; Other At each regular meeting of shareholders, there shall be an election of qualified successors for directors who serve for an indefinite term or whose terms have expired or are due to expire within 6 months after the date of the meeting. No other business is required to be transacted at a regular meeting. Any business appropriate for action by the shareholders may be transacted at a regular meeting. Section 2.2 SPECIAL MEETINGS 2.2.1 Call. Special meetings of the shareholders may be called for any purpose or purposes at any time by: (a) The President; (b) The Treasurer; (c) Two or more directors; or (d) A shareholder or shareholders holding ten percent or more of the voting power of all shares entitled to vote. 2.2.2 Call by t he President, the Treasurer or Directors A special meeting called by the President, the Treasurer or two or more directors shall be held on the date and at the time and place fixed by the President or the board. 2.2.3. Call by the Shareholders A shareholder or shareholders holding ten percent or more of the voting power of all shares entitled to vote may demand a special meeting of shareholders by written notice of demand given to the President or Treasurer of the-corporation and containing the purposes of the meeting. Within 30 days after receipt of the demand by one of those officers, the board shall cause a special meeting of shareholders to be called and held on notice no later than 90 days after receipt of the demand, all at the expense of the corporation. If the board fails to cause a special meeting to be called and held as required by this subsection, the shareholder or shareholders making the demand may call the meeting by giving notice as required by Section 2.3 below, all at the expense of the corporation. 2.2.4 Business Limited special meeting is-limited to of the meeting. Any business that is not included in those on behalf of the corporation, waived notice of the meeting below. The business transacted at a the purposes stated in the notice transacted at a special meeting stated purposes is voidable by or unless all of the shareholders have in accordance with Section 2.3.4 2 Section 2.3 NOTICE 2.3.1 To Whom Gi ven. Notice of all meetings of share- holders shall be given vote, except where the date, time, and place of adj ournment . to every holder of shares entitled to meeting is an adjourned meeting and the of the meeting were announced at the time 2.3.2 When Given The notice shall be given at least 3 days and not more than 60 days before the date-of the meeting. 2.3.3 Contents The notice shall contain the date, time, and place of the meeting, - and any other information required by Chapter 3 In the case of a special meeting, the notice shall contain a statement of the purposes of the meeting. The notice may also contain any other information deemed necessary or desirable by the Board of Directors or by any other person or persons calling the meeting. 2.3.4 Waiver.; Obj ections . A shareholder may waive notice of a meeting of shareholders. A waiver of notice by a. share- holder . entitled to notice is effective whether given before, at, or the meeting, and whether given in writing, orally, or by attendance. Attendance by a shareholder at a meeting is a waiver of notice of that meeting, except where the shareholder objects at the "beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened, or objects before a vote on an item of business because the item may not lawfully be considered at that meeting and does not participate in the consideration of the item at that meeting. Section 2.4 QUORUM The holders of a majority of the voting power of the shares entitled to vote at a meeting are a quorum for the transaction of business. if a . quorum is present when a duly called or held meeting is convened, the shareholders present may continue to transact business until adjournment, even though the withdrawal of a number of shareholders originally present leaves less than the proportion.or number otherwise required for a quorum. Section 2.5 VOTING 2.5.1 Majority Required The shareholders shall take action by - the affirmative vote of the holders of . a majority of the voting.power of the shares present and entitled to vote. 2.5.2 Voting by Proxy A shareholder may cast or authorize the casting of a vote by .filing a written appointment of a rox p Y with an officer of the corporation at or before the meeting at which the appointment is to be effective. 3 Section 2.6 RECORD DATE The Board of Di days before the date the determination of and entitled to vote only shareholders on permitted to vote at rectors may f ix a date not more than sixty of a meeting of shareholders as the . date for the holders of shares entitled to notice of at the meeting. When a date is so fixed, that date are entitled to notice of and the meeting of shareholders. Section 2.7 ACTION WITHOUT A MEETING An action required or permitted to be taken at a meeting of the shareholders may be taken Without a meeting by written action signed by all of the shareholders entitled to vote on that action. The written action is effective when it has been signed by all of those shareholders, unless a different effective time is provided in the written action. The written action may be signed. in counterparts. ARTICLE 3 BOARD OF DIRECTORS Section 3.1 BOARD TO MANAGE The business and affairs of the corporation shall be managed by or under the direction of the Board of Directors, subject to the provisions 'of Section 3.3 and any shareholder control agreement entered into,in accordance with Chapter 302A. Section 3.2 NUMBER; QUALIFICATIONS AND TERMS The Board of Directors shall consist of one or more directors.as shall be determined by the shareholders, from time to time, prior to the election of directors. The Board of Directors may, however, increase the number of directors at any time. Directors shall be natural persons and need not be shareholders. A director shall serve for a term specified by the shareholders at the time of election, which term shall not exceed five years. A director shall hold office for the term for which the director was elected and until a successor is elected and has qualified, or until the earlier death, resignation, removal, or disqualification of the director. Section 3.3 SHAREHOLDER MANAGEMENT The holders of the shares entitled to vote for directors of the corporation may, by unanimous affirmative vote, take any action that Chapter 302A requires or permits the Board to take or the shareholders to take after action or approval of the Board. -- 4 OW Section 3.4 MEETINGS. 3.4.1 Time; Place Meetings. of the. Board of Directors be held- -.from time to,time at any place within or without the State of Minnesota that the Board of Directors may select or any means described in Subsection 3.4.2. If the Board of Directors fails to select a place for a meeting, the meeting shall b>e held at the principal executive office. 3.4.2 Electronic Communication may by (a) A conference among directors by any means of communication through which the directors may simultaneously he each other during the conference constitutes a board meeting, if the same notice is given of the conference as would be required by Subsection 3.4.3 for a meeting, and if the numbers participating in the conference would be sufficient to constitute a quorum at a meeting. Participation in a meeting by that means constitutes presence in person at the. meeting. (b) A director may participate in a board meeting not described in Subparagraph (a) by any means of communication through which the director, other directors so participating, and all directors physically present at the meeting may simul- taneousl hear each other during the meeting. Participation"in a. meeting by that means constitutes presence in person at the meeting. 3. Calling Meetings; Notice A director may call a board meeting by giving 3 days' notice to all directors of the date, time, and place of the meeting. The notice need not state the purpose of the meeting. If the day or date, time, and place of a board meeting-have been announced at a previous meeting of the board, no notice is required. Notice of an adjourned meeting need not be given other than by announcement at the meeting at which adjournment is taken. 3.4.4 Waiver of Notice A director may waive notice of a meeting of the board. A waiver of. notice by a director entitled to notice is effective whether . given before, at, or after the meeting, and whether given in writing, orally, or by attendance. Attendance by a director at a meeting ' is . a waiver of notice of that meeting, except where the director objects at the beginning of the meeting to the transaction of business because the meeting is not lawfully called or convened and does not participate thereafter in the meeting. 3.4.5 Quorum A majority of the directors currently holding office is a quorum for the transaction of business. In the absence of a quorum, a majority of the directors present ma adjourn a meeting from time to time until a quorum * is present. 5 If a quorum is present when a duly called or held meeting is convened, the directors present may continue to transact business until adjournment, even through the withdrawal of , a number of directors originally present leaves less than the proportion or number otherwise required for a quorum. 3.4.6 Act of the Board The board shall take action by the affirmative vote of a majority of directors present at a duly held meeting, except where the Articles of Incorporation or Chapter 302A requires the affirmative vote of a larger proportion or. mumber. Directors may not vote by-proxy, 3.4.7 Action Without Meeting An action required or permitted to be taken at a board meeting may be taken by written action signed by all of the directors. The written action may be signed in counterparts. Section 3.5 RESIGNATION A director may resign at any time by giving written notice to the corporation. The resignation is effective without acceptance when the notice is given to the corporation, unless a later effective time is specified in the notice. Section 3.6 REMOVAL OF DIRECTORS 3.6.1 Remova by Directors A director may be removed at any time, with or Without.cause, i f (a)' The'director was named by the board to fill a vacancy; (b) The shareholders have not elected directors in the interval between the time of the appointment to fill,a vacancy and the time of the removal; and (c) A majority of the remaining directors present affirmatively vote to remove the director. 3. 6.2 Removal by Shareholders Any one or all of the directors may be removed at any time, with or without cause, by the affirmative vote of the holders of the proportion or number of the voting power of the shares of the classes or series the director represents sufficient to elect them, except as provided in subdivision 3.6.3. 3.6.3 Exception for Corporation with Cumulative_ Voting In a corporation having cumulative voting, unless the entire board is removed simultaneously, a director is not removed from the board if there are cast against removal of the director the votes of�`' a proportion of the voting power sufficient elect the director at an election of the entire board under cumulative voting. 6 3.69 4 Election of Replacements New. directors may be elected at a meeting at which directors are removed. If the corporation allows cumulative voting and a shareholder notifies the presiding officer at any time prior to the election of new directors of intent to cumulate the votes of the shareholder, the . presiding officer shall announce before the election that cumulative voting is in effect, and shareholders shall cumulate their votes as provided in Chapter 302A. Section 3.7 VACANCIES 3.7.1 Death, Resianation, Removal or Disqualification. Vacancies on the board resulting from the death, resignation, removal, or disqualification of a director shall be filled by the affirmative vote of a majority of the remaining directors, even though less than a quorum, or by the shareholders. 3.7.2 Newly Created Directorships Vacancies on the board resulting from newly created directorships shall be filled by the affirmative vote of a majority of the directors serving at the time of the increase or by the shareholders. 3.7.3 Duration of Term Each director elected under this section to fill a vacancy holds office until a qualified successor is elected by the shareholders at the next regular or special, meeting of the shareholders. Section 3.8 COMMITTEES A resolution approved by the affirmative vote of a majority of the board may establish committees having the authority of the board in the management of the business -of the corporation only to the extent provided in the resolution. Committees are subject to all times to the direction and control of the board, except as provided in Chapter 302A. A committee member need not be a director. Section 3.9 ABSENT DIRECTORS A director may give advance written consent or opposition to a proposal to be acted on at a meeting of the board in accordance with Chapter 302A. ARTICLE 4 OFFICERS Section 4.1 ELECTION, TERM, NUMBER The officers of the corporation shall be elected or appointed by the board. The officers of the corporation shall consist of a President, Treasurer, and such other officer or officers as may be elected or appointed by the board. A p erson may hold more than one office.. The officers shall perform such duties and have such responsibilities as provided for in these 7 By -laws or as otherwise determined by the board. The terms of office with respect to each-officer shall be prescribed by the board at the - time of election of the officers, and absent the specification of a .term, the term shall be at the pleasure of the board. Section 4.2 DUTIES 4.2.1 President Executive Officer of the active management of the to the duties and powers Chapter 302A. The President shall be the Chief corporation, and shall have the general business of the corporation in addition prescribed by the board or specified by 4.2.2 Vice Presidents The Vice Presidents, if any, in the order designated by the board, shall perform the duties and exercise the powers of the Chief Executive Officer in his absence or upon his incapacity and shall perform such other duties as the board may from time to time prescribe or as may be delegated by the Chief Executive Officer. 4.2.3 Treasurer The Treasurer shall be the Chief Financial Officer of the corporation.and shall have and exercise the - duties and power prescribed by the board or specified by Chapter 302A. 4.2.4 Secretary. The Secretary, if any, shall attend all meetings of the board, committees thereof , if any, and all meetings of the shareholders and record all votes and minutes of all proceedings in ' .a book kept for that purpose. The Secretary shall give or cause to be given notice of all meetings of the shareholders and of the board and of committees, if any, and shall perform such other duties as may be prescribed by the board or delegated to him by the Chief Executive Officer or the Chief Financial Officer. He shall cause and affix the seal of the corporation,.to the extent the corporation shall have one, to any instrument requiring the same. If there is no Secretary, then the duties and responsibilities provided for herein shall be discharged by the Chief Executive Officer. Section 4.3 RESIGNATION An officer may resign at any time by giving written notice to the corporation. The resignation is effective without acceptance when the notice is given to the corporation, unless a later effective date is specified'in the notice. Section 4.4 REMOVAL An officer may be removed at any time, with or without cause, by a resolution approved by the affirmative vote of a majority of the directors present, subject to the provisions of a shareholder control agreement, if any. The removal is without prejudice to any contractual rights of the officers. 8 .. Section 4.5 VACANCIES b If any office becomes vacant by reason of death, resig- nation, retirement, disqualification, removal, or other cause, the directors then in office, although less than a quorum, may, or . in the case of .a vacancy in the office of President or Treasurer shall, by a majority vote choose a successor or successors who shall hold office for the unexpired term in respect of which such vacancy occurred. Section 4.6 DELEGATION Unless prohibited by a resolution approved by the affirma- tive vote of the board an officer of the corporation may delegate some or all of the duties and powers of an office to other persons, provided that such delegation is in writing. An officer who delegates the duties or powers of an office remains subject to the standard of conduct for an officer with respect to the discharge of all duties and powers so delegated. ARTICLE 5 SHARES Section 5.1 TYPE OF-CERTIFICATE Certificates of shares, if any, of the corporation shall be in such form as approved by the board. Each certificate shall be signed by the President or the Treasurer. Such signature and the corporate seal, if any, may be facsimiles, engraved, printed, placed, stamped with indelible ink, or affixed in any other manner reproduced on any document. Section 5.2 TRANSFER OF SHARES Transfer of certificated shares shall be made on the records of the corporation only by the shareholder named in the certificate or certificates or by the duly authorized attorney in fact, and upon surrender of the certificate or certificates therefor properly endorsed. The transfer of uncertificated shares, if any, shall be made by the means determined by the board. Section 5.3 LOST, STOLEN OR DESTROYED CERTIFICATES Any shareholder claiming a certificate of certificated shares to be lost, stolen or destroyed shall make an affidavit or affirmation of that fact in such form as .the board may require, and shall, if the board so requires, give the corporation a bond of indemnity in form and with one (1) or more sureties satis- factory to the board in an amount at least double the value of the stock represented by such certificate, whereupon a new certificate may be issued of the same number of shares as the one alleged to,have been lost,. stolen.or destroyed: 9 .. Section 5.4 UNCERTIFICATED SHARES Some or all of any or. all classes and series of the shares of stock of this corporation, upon a resolution approved by the board, may be uncertificated shares. Within twenty (20) calendar days after the issuance or transfer of uncertificates shares, the Chief Executive Officer shall send to the shareholder such notice as is required by Chapter 302A. 1 ARTICLE 6 INDEMNIFICATION Section 6.1 DEFINITIONS For purposes of this section, the terms defined in this Is 41 Section have the meanings given them. 6.1.1 official Capacity "'Official capacity"' means (a) with respect to a director, the position of director in a corporation, (b) with respect to a person other than a director, the elective or appointive office or position held by an officer, member of a committee of the board, or the employment or agency relationship undertaken by an employee or agent of the corpora- tion, and (c) with respect to a director, officer, employee, or agent of the corporation who, while a director., officer, employee, or agent of the corporation, is or was serving at the request of the corporation or whose duties in that position involve or involved service as a director, officer, partner, trustee, or agent of another organization or employee benefit ._.plan, the position of that person as .a director, officer, partner, trustee, employee, or agent, as the case may be, of the other organization or employee benefit plan. 6.1.2 Proceeding "'Proceeding"' means a threatened, pending, or completed civil, criminal, administrative, arbitra- tion, or investigative proceeding, including a proceeding by or in the right of the corporation. Section 6.2 INDEMNIFICATION REQUIRED The corporation shall indemnify a person made or threatened to be made a party to a proceeding by reason of the former or present official capacity of the person against judgments, penalties, fines, including, without limitation, excise taxes assessed against the person with respect to an employee benefit plan, settlements, and reasonable expenses,.including attorneys' fees and disbursements, incurred by the person in connection with the proceeding, if, with respect to the acts or omissions of the person complained of in the proceeding, the person: (a) Has not been indemnified by another organization or employee benefit plan for the same judgments penalties, fines, including,, without limitation, excise taxes assessed against the person with 10 respect to an employee benefit plan, settlements, and reasonable expenses, including attorneys' fees and disbursements, incurred by the person in connection with the proceeding with respect to the same acts or omissions (b) Acted in good faith; (c) Received no improper personal benefit and the provisions of Chapter 302A relating to director conflicts of interest, if applicable, have been l� case of a criminal proceeding, had no - :- wnable cause to believe the conduct was unlawful and (e) In the case of acts or omissions occurring in the official capacity described in Subsection 6.1.1, clause (a) or (b), reasonably believed that the conduct was in the best interests of the corporation, or in the case of acts or omissions occurring in the official capacity described in Subsection 6.1..1, clause (c),,. reasonably believed that the conduct was not opposed to the best interests of the corporation. If the person's acts or omissions complained of in the proceeding relate to conduct as a director, officer, trustee, employee, or agent of an employee benefit plan, the conduct is not considered to be opposed to the best interests of the. corporation if the person reasonably believed that the conduct was in the best interests of the participants or benefi- ciaries of the employee benefit plan. Section 6.3 ADVANCES. If a person is made or threatened to be made a party to a proceeding, the person is entitled, upon written request to the corporation, to payment or reimbursement by the corporation of reasonable expenses, including attorneys' fees and disbursements, incurred by the person in advance of the final disposition of the proceeding, (a) upon receipt by the corporation of a written affirmation by the person of a good faith belief that the criteria for indemnification set forth in section 6.2 have been satisfied and a written undertaking by the person to repay all amounts so paid or reimbursed by the corporation, if it is ultimately determined that the criteria for indemnification have not been satisfied, and (b) after a determination that the facts then known to those making the determination would not preclude indemnification under this Article. The written undertaking - 11 - required by clause (a) is an unlimited general obligation of the person making it, but need not be secured and shall be accepted Without reference to financial ability to make the repayment. Section 6.4 REIMBURSEMENT TO WITNESSES This Article does not require, or limit the ability of, the corporation to reimburse expenses, including attorneys' fees and disbu rsem.ent.s, t incurred by a person in connection with an appearance as a witness i.n a proceeding at a time when the person has not been made or threatened to be made a party to a pr oceed ing . Section 6.5 DETERMINATION of ELIGIBILITY 6.5.1 Procedure Generally All determinations whether indemnification -of a person is required because the criteria set forth in Section 6..2 have been satisfied and whether a person is entitled to payment or reimbursement of expenses in advance of the final disposition of a proceeding as provided in Section 6.3 shall be made: (a) By the board by a majority of a quorum. Directors who are I at the time parties to the proceeding shall not be counted for determining either a majority or the presence of a quorum; (b) If a quorum under clause (a) cannot be obtained, in accordance with Chapter 302A; or (c) If an adverse determination is made or if no determination is made within 60 days after the termination of a proceeding or after a request for an advance of expenses, as the case may be, by a court in this state, which may be the same court in which the proceeding involving the person's liability took place, upon application of the person and any notice the court requires. 6.5.2 Alternative Procedure for Non - M With respect to a person who is not, and was not at the time of the acts or omissions complained of in the proceedings, a director, officer, or person possessing, directly or indirectly, the power to direct or cause the direction of the management or policies of the corporation, the determination whether indemnification of this person is required because the criteria set forth in Section 6.2 have been satisfied and whether this person is entitled to payment or reimbursement or expenses in advance of the final disposition of a proceeding as provided in.Section 6.3 may be made by an annually appointed committee of the board, having at least one member who is a director. The committee shall-report at least annually to the board concerning its actions. 12 - Section 6.6 DISCLOSURE If the corporation indemnifies or advances expenses to a person in accordance with this section in connection with a proceeding by or on behalf of the corporation, it shall report the amount of the indemnification or advance and to whom and on whose behalf it was.made as part of the annual financial statements furnished to shareholders pursuant to Chapter'302A covering the period when the indemnification or advance was paid or accrued under the accounting method of the corporation' reflected in the financial statements. ARTICLE 7 MISCELLANEOUS Section 7.1 CORPORATE SEAL The corporation may, but need not, have a corporate seal, and the use or nonuse of a corporate seal shall not affect the validity, recordability, or enforceability of a document or act. If the corporation has a corporate seal, the use of the seal by the corporation on a document is not necessary. The seal need only include the word NSealO, but it may also include, at the discretion of the board, such additional wording as is permitted by Chapter 302A. Section 7.2 FISCAL YEAR The fiscal year of this corporation shall be as determined by resolution of the board. Section 7.3 COMPUTATION YEAR Whenever notice is required to be given pursuant to these By- laws, the day upon which notice is personally served, deposited in the mail, given by telegram, telex, telecopied or otherwise delivered, shall not be counted for'the purpose of computing the time period of-the notice. All notice periods shall be computed in calendar days. Section 7.4 AMENDMENTS TO BY -LAWS These By -laws may be amended or altered by the board at any meeting. The.board shall not, however, adopt, amend or repeal a By -law fixing a quorum for meeting of shareholders, prescribing procedures for removing directors or filling vacancies in the board, or fixing the number of directors or their classifica . tions, qualifications, or terms of office, but may adopt or amend 13 R a By -law to increase the number of directors. Such authority of the board is subject to the power of the shareholders to change or repeal such By -laws. 14 - P AP'. • i , stag of 11�inn SEC - ETAR Y OF STATE CEP %.;ATE OF INCORPORATION 4515. I Joan Anderson Growe, Secretary of State of ota do certi� that: Articles of Incorporation, M�nnes Y on and acknowledged under.oath, have been filed duly signed fined a g this date in the Oft i ce of the Secretary of State, for th e lncorp oration of the following , corporation, under and �n Ea of the cha ter of Ml nnesoa accordance with the provisions P Statutes listed below. This corporation ' oration is note legally organized under the p laws of Minnesota. Corporate Name: BW OPERATIONS, INC. Corporate Charter Number: 7B -146 ' Chapter Formed Under: 302A i This certificate has been issued on 45/24/199141 op ,r woo; t . t • •/ `' ' \ ij� • t om ``��t�r �i•.' s.1"•' t AW • .� , � .l �... :•. t y �; `,.:i��t i ii.• � y a� ' -�. � `.. � , V VA WX *4 WMI fir W / lo, Secretary of State. ARTICLES OF INCORPORATION of 452G; BW OPERATIONS, INC The undersigned Incorporator being a natural person of full age, for purposes of forming a Corporation in accordance with the provisions of Chapter 302A of the Minnesota Statutes, and laws amendatory threYp � -f and supplementary thereto, does hereby adopt the follo , w _.. s of Incorporation. ARTICLE I N AME The name of the Corporation shall be BW OPERATIONS, INC. �'" ARTICLE II REGISTERED OFFICE The l ocation and post of f ice address of the registered of f ice of this Corporation shall be 2431 West 7th Street Pool* St. Paul, Minnesota 55116, which is in the County of Ramsey, State of Minnesota. ARTICLE III CAPITAL 3.01 The aggregate number of shares of stack which this Corporation shall have the authority to issue is 100,000 shares of ��' $.01 par value stock. L ~ f 3 .02 The Board of Directors may, from time to time establish by resolution different classes or series of shares and may fix the rights and preferences of said shares in a class or series. 3.03 The Board of Directors shall. have the authority to issue shares of a class or series to holders of shares of another class or series to effectuate share dividends, splits or conversion of its outstanding shares. 3.04 No Shareholder shall be entitled to any cumulative voting rights. 3.05 The Shareholders shall take action by the affirmative vote of a majority of holders of the voting power of the shares resent •g p p except where a larger proportion is required by law, these Articles, the Bylaws, or a shareholder control agreement. 0 ARTICLE IV ACTION BY BOARD ABSENT MEETING An action requ or perm itted to be taken by the Board of • � written action signed Directors of this Corporation may be taken by g by that nor of Directors that would be required to take the same action at a meeting of the Board at which all Directors are present, except as to those matters requiring a Shareholder approval in which case the written action must be signed by all memberL of the Board o Directo th en PP � � � en in office. ARTICLE V INITIAL DIRECTOR post office address of the member .of the first The name and p . Board of Directors of the Corporation is as follows: Wayne T. Belisle 196 South Mississippi River Blvd. _ St. Paul, Minnesota 53705 Alden E. Landreville s 3884 Stockdale Road z Vadnais Heights, Minnesota 55127 ARTICLE VI INCORPORATOR t A The name and P ost office address of the Incorporator is as j follows: Wayne To Belisle 196 South Mississippi River Blvd. St. Paul Minnesota 53705 ARTICLE VII • 3 AMENDMENT TO AR'IICILES OF INCORPORATION The Cor reserves the right to alter, amend or repeal an provisions contained in these Articles of Incorporation P Y P y in the manner now or hereafter prescribed by the provisions of the Minnesota Business Corporations Act, or any other pertinent %r enactment of the Legislature of the State of Minnesota; and all rights and powers conferred hereby on Shareholders, Directors and righ P reserved rig hts officers of the Corporation are subs ect to such r r IN WITNESS WHEREOF, I have hereunto set my hand this 2nd • .;: day of May, 1991. M UM QF Tj w;kyll E 8 LI DE PARTMENT Of STAR' Inco orator FILED 2 a MAY 4 1991 :. 4 4 t BY -LAWS �44 BW OPERATIONS, INC. ARTICLE I: OFFICE. The registered office of the Corporation in the State of Minnesota, is as designated in the Articles of Incorporation. The Board of Directors may, from time to time, change the location of the registered office by filing a certificate of such change with the Secretary of State of the State of Minnesota. The Corporation may have such business offices, either within or without the State of Minnesota, as the Board of Directors may designate. ARTICLE II: SHAREHOLDERS MEETINGS. Section 1. Place of Meetings All meetings of the Shareholders of this Corporation shall be held at the principal executive office of the Corporation, or at such other place or pl as may be designated by the Chief Executive Officer or the Board of Directors and set out in the notice of such meeting, or which may be consented to in writing by the Shareholders. Section 2. Annual Meeting Regular meetings of shareholders may be called at any time by a majority of the Board of Directors at which meeting a Board of Directors shall be elected, and such other business shall be transacted as may be brought before the meeting. Section 3. Shareholder Demand If a regular meeting of Shareholders :has not been held during the immediately preceding --- fifteen (15) months, a Shareholder or Shareholders holding three percent (3%) or more of all voting shares may demand a regular meeting of Shareholders in accordance with Chapter 302A, Minnesota Statutes, as amended from time to time thereinafter "Chapter 302A" Section 4. Special Meetings Special meetings of the Shareholders. for any purpose or purposes (including election of directors) may be called by the President, by the Treasurer, or at the request, in writing, of two or more Directors, or at the request, in writing of a Shareholder or Shareholders owning ten percent or more, of the entire issued and outstanding capital stock of the Corporation which has voting rights. Such request shall be made in writing to the Secretary and shall state the purpose or purposes of the proposed meeting, and business transacted at all special meetings of the Shareholders shall be confined to the object or objects stated in the call. It shall be the duty of the Secretary to give notice of such meetings not more than thirty (30) days after receipt of such request and, if not given, the person or persons requesting the meeting may fix the time of the meeting and give notice as provided in Section 5 hereunder. Section 5. Notice of Meetings Written notice of the time and place of any regular or special meeting of the Shareholders of the Corporation shall be given to each Shareholder entitled to vote thereat, at his address as it appears on the stock ledger, or on 2 the records of the Corporation, not less than ten (10). days and not more than sixty (60) days prior to the meeting. Failure to send such notice shall not invalidate such meeting if all requirements for a meeting without notice are fulfilled. Section 6. Meetings Without Notice, Written Action Any shareholder may in writing, either before or after the meeting, waive notice thereof; and without notice any Shareholder by his attendance at, and participation in the action taken at, any meeting of the Shareholders. shall be deemed -to have - waived notice, Whenever all the Shareholders of this Corporation shall be present and consent to, or participate in a meeting, or waive notice in writing., such meeting shall be deemed to be a legal meeting, and all the business transacted thereat shall be legal and valid in all respects as though such meeting had been regularly called and noticed.. Section 7. Action Without . a Meet, ing Any action which might be at a meeting of the Shareholders may he taken without a meeting -if done in writing and signed by all of the Shareholders entitled to vote on that action. Such written action shall be effective when it has been signed, unless a different effective date is provided therein. Section 8. Quorum, Ad!ourned Meetings The holders of a majority of the shares outstanding and entitled to vote shall constitute a quorum for the transaction of business at any regular or special meeting. In case a quorum shall not be present at a meeting, those present may adjourn to such day as they shall, by 3 majority vote, agree upon, and a notice of such adjournment shall be mailed to each shareholder entitled to vote at least five (5) days before such adjourned meeting. If a quorum is present, a meeting may be adjourned from time to time without notice other than announcement at -the meeting. At adjourned meetings at which a quorum is present, any business may be transacted which might have been transacted at the meeting as originally noticed. If a quorum is present, the shareholders may continue to transact business until adjournment notwithstanding the withdrawal of enough shareholders to leave less than a quorum. of Section 9. _voting All elections shall be had and all questions decided by a majority vote, except. as otherwise required by statute or the Articles of Incorporation. Section 10, Proxies A Shareholder or person holding shares in a fiduciary capacity may cast'his vote in person or through proxy. The appointment of a`proxy shall be in writing filed with the Secretary at or before the Meeting; provided, that no proxy shall be valid for a period longer than eleven (11) months from the date of the proxy, unless a. longer period is provided in the appointment. Section 11. Record Date The Board of Directors may fix a time, not exceeding forty (40) days, preceding the date of any meeting of Shareholders as a record date for the determination of the Shareholders entitled to notice of and to vote at such meeting; and in such case, only Shareholders of record on the date so fixed, or their legal representatives, shall be entitled to notice of and 4 to vote at such meeting; and in such case, only Shareholders of xn record on the date so fixed, or their legal representatives, shall be entitled to notice of and to vote at such meeting, notwithstanding any transfer of any shares on the books of the Corporation after such record date. The Board of Directors may, but need not, close the books of the Corporation against transfer of shares during the whole or any part of such period. Section 12. Shareholder Agreements Should any voting trust (s) shareholder voting agreements or shareholder control agreements be created pursuant to the statutes of the State of Minnesota, a duplicate of such agreement shall be filed in the registered office of the Corporation and shall be open to inspection by any Shareholder or any holder of any beneficial interest under such agreement, in like manner and upon such conditions as the books of the Corporation are open to inspection by a Shareholder. ARTICLE III. DIRECTORS. Section 1. Qualifications Directors need not be Shareholders. Section 2. Authority The Board of Directors of this Corporation shall be charged with the general management of its affairs, and shall elect all officers of this Corporation. The Board of Directors shall have the power and authority to allot shares of stock of the Corporation for cash, services, or property, as it may from time to time deem expedient, in exchange for the securities or assets of other business enterprises, and to. restrict A r • J the sale or transfer of the Corporation's stock. The Board of Directors may grant rights to convert any of the Corporation's securities which the Corporation may at any time be authorized to issue, and may also authorize the issuance of options to purchase or subscribe for shares of any class or classes. The Board of Directors may fix the terms, provisions and conditions of such rights or options, including the conversion basis and the option price at which shares may be subscribed for or purchased. In addition to the powers and authorities expressly conferred upon it by these By -Laws, the Board of Directors may exercise all of the powers of the Corporation and do all lawful acts and things as are not by statute, or by the Articles of Incorporation, or by these By -Laws directed` or required to be exercised or done by the Shareholders. Section 3. Shareholder Management Any action that the Articles or By -Laws of this corporation or Chapter 302A require or permit the Board of Directors to take or the Shareholders to take after action or approval of the Board, may be taken by the holders of the voting shares of the corporation by unanimous affirmative vote. Section 4. Numbers and Elections The Board of Directors shall consist of not less than one (1) , nor more than five (5) members. The members of the Board of Directors, except the members of the first' Board of Directors, shall be elected by the Shareholders at each regular meeting. In case of failure of the Shareholders to elect Directors at any annual meeting, the 6 Directors may be elected at any special meeting of the Shareholders called for that P urpose. All Directors shall hold their offices until their successors shall have been elected and qualify. Individual members of the Board of Directors can be removed with or without cause by a two - thirds (2/3) majority vote of the Board of Directors who are also Shareholders. Section 5. Vacancies If the office of any Director or Directors becomes vacant by reason of death, resignation, retirement, disqualification, removal from office or otherwise, the remaining directors, though less than a quorum, shall choose a successor or successors, who shall hold office until a new successor or successors have been duly elected and qualify. Section 6. Place of Meeting The Board of Directors may hold its 'meetings at such places as the majority of the members may from time to time determine. Section 7. Regular and Special Meetings . Regular meetings of the Board of Directors shall be held at such times and upon such notice as are fixed from time to time by resolution of the Board of Directors. Special meetings may be held at any time upon call of the President or any two Directors, upon ten (10) days written notice to each Director, which notice shall set forth the purpose, date, time and place thereof. Section 8. Meeting Without Notice Any Director may, in writing, either before or after the meeting, waive notice thereof , and without notice, any Director by his attendance at and participation in the action taken at any meeting of the Board of 7 I • Directors shall be deemed to have waived notice thereof. Whenever J r all the Directors of this Corporation shall be p resent and consent to or participate in a meeting, all business transacted d thereat shall be legal and valid in all respects as if such meeting had P g been regularly called and noticed. Section 9. Consent to Action. Any action which might be .taken at a meeting of the Board of Directors may be without a meeting, if taken by written action signed by all of the directors.. Such action shall be effective when all of the Directors have affixed their signatures, unless a different effective date is provided therein. Section 10. Presumption of Assent A Director who is P resent at a meeting of the,, Board of Directors at which action on any corporate matter is taken-shall be presumed to have assented to the action taken, unless. his dissent shall be entered in the minutes of the meeting or unless he shall file his written dissent to such action with the person acting as the Secretary of the meeting before its adjournment, or shall forward such dissent by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent shall not apply . PF Y to .a Director who voted in favor of such action. Section 11. Quorum and Adl ourned Meetings A majority of the Directors shall constitute a quorum for the transaction of business. If, however, a quorum is not present at any such meetings, the Director or directors present shall have the P ower to 8 adj7 ourn the meeting from day to day, without notice other than the meeting, announcement at g, until a quorum is present. Section 12 Com ensation of.--Dire ctors Directors may be paid . _ u such compensation for their services rendered as Directors as may be-fixed by resolution of the Board of Directors, and it shall be lawful for the Board to allow to each Director his expenses for attendance at meetings of the Board. Nothing herein_ shall be construed to preclude an Director from serving the Corporation in con p Y any other capacity and receiving compensation therefor. Section 13 . Indemnif icati.on of .Directors and Of f icers . Each Director and officer of the Corporation, whether or not then in office, shall be indemnified by the Corporation against reasonable r costs and expenses including attorney's fees) incurred by him in xP C with an action ,.suit suit or proceeding to which he may be connection i y P son of his being or having been Director or officer a party by rea g of the Corporation except - matters where he shall finally be adjudged or have entered his consent in such action, suit or proceeding 'n to have been derelict in the performance of his duties as such Director or officer; and the foregoing right of Indemnif scat ion shall not be exclusive of other rights to which he shall be entitled as a matter of law. Section 14. Committees. The Board of Directors, by resolution adopted by a majority of the Board, may appoint an Executive Committee. and such other committees as it may deem appropriate. Each such committee shall consist of at least one member of the. Board of Directors, shall have and exercise such 9 • , powers as shall be conferred or authorized by the resolution A =� appointing it, and shall be under the control of and direr - tly -► responsible to the Board of Directors. :r_ Section 15, Meeting by Conference Communication Except as may be otherwise restricted by the Articles of Incorp oration P or By- Laws, members of the Board of Directors or any. committee designated thereby may participate in a meeting f such board g or committee by means of a conference tele* hone or ' W similar communication equipment so that . all persons participating in the meeting can hear each, other at the same time. Participation by such means shall constitute presence in erson at a meeting g ARTICLE IV: OFFICERS, Section 1. Officers Oualifications Authoritv and Election The .officers of the Corporation shall be chosen by the Directors and may include a President, who shall also be known as the ' Chief Executive Officer; one or more Vice Presidents; a Secretary Treasurer,. who shall also be known as the Chief Financial Officer; . and such other officers as the Board.-of Directors may, from time to time, deem advisable. The Board of Directors may fix the P owers duties and compensation of any officers not specifically provided for herein. Officers other than the President may or y may not be members of the Board of Directors . Any two or more offices may be held by the same person at the same time. The officers of this Corporation shall be elected by the Board of Directors and hold their respective offices for the te prescribed by the Board or, absent a specified term at the 10 pleasure of the Board of Directors until their successors shall a a have been elected and shall have qualified, unless sooner replaced. Any officer may be removed at any time by a two- thirds (2/3) j majority, of the Directors who are also shareholders, with or without cause. In case of death, disqualification, absence of or inability to . act of any officer of the Corporation, or for any reason that Board may deem sufficient, the Board may delegate certain of or all the powers and duties of such officer to any other officer or Director* ownership of stock in the Corporation shall not be a qualification necessary to the holding of office therein, and the Board of Directors may choose officers for this Corporation without regard to whether the persons so chosen do-..or not own stock in the Corporation. The Board of Directors may f ill all vacancies in any office of this Corporation. The person so elected to fill any such vacancy will hold of fice for the unexpired term in respect to` which such vacancy occurs. As used in. these By -Laws when appropriate, the masculine includes the feminine. Section 2. President The President shall be the Chief Executive Officer of the Corporation and shall preside at all meetings of the Shareholders and Directors. He /She shall have general and active management of the business of the Corporation, under the supervision and direction of the Board of Directors, and shall see that all orders and resolutions of the Board are carried into effect. He /She shall execute all contracts or instruments W1 • t - - v entered into by the Corporation, and shall have such other owe p rs, J� and perform. such other duties as the Board of Directors may from time to ' tame prescribe. Section 3. Vice Presidents. The Vice Presidents, if any, in the.- order and as designated by the Board of Directors, shall perform the duties of the President in his /her absence or upon his /her incapacity and shall perform such other duties . as may be prescribed by the Board or the President. Section 4. Secretary The Secretary shall attend all meetings of the Board of Directors and of the Sharreholders, and shall record all votes and the minutes of all proceedings of the Board Directors and of the Shareholders , in a book to. be kept for that purpose, and shall keep the stock books of the Corporation, He /She shall give notice of all meetings of the Shareholders and Board of Directors, and shall perform such other duties as may from time ,,to time be prescribed by the Board of Directors, or by the President under whose supervision he /she shall be. Section 5. Treasurer The Treasurer shall be the Chief Financial Officer of the Corporation and shall keep or supervise the keeping of full and, accurate accounts of receipts and disbursements in books belonging to the Corporation, and shall deposit all monies, securities, and other valuable effects of the Corporation in such depositories as may be designated from time to time by the Board of Directors. Section 60 Comuensation The salaries or compensation p of all officers of the Corporation shall be fixed by the Board of 12 V t Directors, or the President, if they fail to act, and the salaries n or compensation of all other personnel of the Corporation shall be fixed by the President, subject to reviewal by the Board of Directors. ARTICLE V: CERTIFICATES OF STOCK. Section 10 orm. The interest of each stockholder of the Corporation shall be evidenced by numbered certificates for shares of stock, certifying the number of shares represented thereby and in such form as the Board of Directors may from time to time prescribe. The certificates shall be signed by the President and countersigned by the Treasurer, or their facsimile signatures if authorized by the Board of Directors. Seetion 29 Stock Transfers Transfers of stocx snai.L De maae on the books of the Corporation only by the order of the person named in the certif icate, . or by his attorney lawfully constituted in writing, and upon surrender of the certificate therefor. Section 3,D Limitation - on Transfer of Stock No Stockholder shall sell, voluntarily transfer, or otherwise dispose of any of his stock in this Corporation without first offering the same to the Corporation in writing, setting out the terms of the proposed sale. In the event the Corporation fails to purchase the same, then such stock shall be offered to the other Stockholders upon the same terms and conditions as said stock is being offered to any ~ prospective purchaser, and no sale shall be completed unless the stock has been so offered to the Corporation and the other Stockholders upon the same terms and conditions as contained in 33 t t said written proposal. Any sale wade in violation of the provisions of this Article shall be ineffective and invalid and shall not be recognized by the Corporation or its officers and Directors, unless a waiver of compliance is filed by the officers and Directors of the Corporation and each Stockholder of record. The Corporation shall have the first option to purchase all or any number of shares offered for sale, and any not so purchased shall be offered to the Stockholders,, If more than one . Stockholder desires to purchase such stock, the shares shall be assigned to each of them in the' same ratio as the stockholdings of such Shareholders prior to said purchase or assignment. The offer to sell, together with the terms of the proposed sale, shall be set out.,., in writing, and the Corporation shall have thirty (30) days after receipt in which to advise the Stockholders of its desire to purchase or not to purchase said stock. If the Corporation desires to purchase the same, the purchase P rice shall be paid within thirty (30) da s after recei t o Y p f the offer of sale. The Stockholders shall i have thirty (30) days after receipt of the offer of sale in which to accept or reject the same and if accepted, shall have an additional thirty (30) days in which to a P Y for such stock. A statement shall be printed or typewritten upon all stock certificates, referring to this provision of the By-Laws,, and giving notice thereof to all holders and ros ective P p purchasers of the provisions contained herein.. 14 Q t 1 1 A Section 4. Stock Ownership The Corporation shall be entl tled to treat the holder of record of any share or shares of stock as the owner=in -fact thereof for all purposes whatsoever, and shall not be bound to recognize any equitable or other claim to, or interest in such shares on the part of any other person, whether or not it shall e have a ress or other notice thereof , except as. may. provided Y be rovided b the laws of the State of Minnesota. Section 5. st Certificates Any person claiming a .�... certificate of stock to be lost or destroyed, -shall make an affidavit of affirmation of that fact, and advertise the same in such manner as the Board of Directors may require, and shall, if the Directo rs so require, give the Corporation a bond of indemnity clu g in form and with one or more sureties satisfactory to the Board of Directors in an amount of at least double the value of the stock r epresented b said certif icate, whereupon a new certificate may be p Y issued'of the same tenor and for the same number of shares as the one alleged to be lost or destroyed. Section 6. Share Register The Corporation shall maintain a share register which shall contain the names and addresses of the Shareholders, the number and classes of shares held 'by each, and the dates of issuance o f certificates , or may appoint a transfer agent and registrar which shall maintain such records, and may require all certificates of shares to bear their signature. 15 t . r ARTICLE VI:' CORPORATE ACTIONS. Section 1.. Qeposits The Board of Directors shall select banks, trust companies, or other depositories in which all funds of the Corporation not otherwise employed shall, from time to time, be deposited to the credit of the Corporation. . N • Section 2. Dividends Dividends upon the capital stock of the Corporation may be declared by the Board of Directors at an . - Y regular or special meeting, to the extent ermitted b law. Before P y e payment of any dividend, or making any distribution of profits, there may be set aside out of the surplus of net profits of the Corporat i on, such sum or sums as the Directors from time to time in their absolute discretion think ro er as a p P reserve fund to meet contingencies, or for equalizing dividends or for repairing p g or maintaining any property of the Corporation, or for such other purposes as the Directors shall determine are in the best interest of the Corporation. Any such. reserve may be increased, decreased or abolished at any time by the Board of Directors in its discretion. Section 3e Checks, Sicxnina Leaa1 Documents . All evidence of indebtedness and other legal documents includin g contracts conveyances, mortgages, etc., shall be signed by the President or by such officer or officers as may be designated b resolution Y of. the Board of Directors. ARTICLE VII: MISCELLANEOUS, Section 1.. InsDection of Books Shareholders shall be permitted to inspect the books of the Corporation for legitimate I 16 I ---- Action by Council: rio r. s e d.. ,... ... .. Date AGENDA REPORT TO: City Manager FROM: Assistant City Manager 1 5 *, lub ,- RE: RAMSEY/WASHINGTON COUNTIES SUBURBAN CABLE COMMISSION APPOINTMENT DATE: September 13, 1991 INTRODUCTION At the September 10, 1991, Council/Manager meeting, the City Council interviewed the three candidates who applied for the vacancy on the Ramsey/Washington Counties Suburban Cable Commission (R/WCSCC). It is now appropriate to appoint one of the applicants to serve on the Commission with the Mayor as the City's representatives. BACKGROUND The Commission is composed of two commissioners appointed by each member municipality. The resignation of Ann Fitch created the "resident" vacancy. The three candidates are Clifford McGinnis, Sandra Hughes, and Kevin Martin. Their applications are attached to this report. RECOMMENDATION It is recommended that the City Council review the three applications and appoint one of the residents to serve on the Ramsey/Washington Counties Suburban Cable Commission. CITY OF MAPLEWOOD RAMSEY/WAS NGTON SUBURBAN CABLE COMMSSION NAME Clifford J. McGinnis ADDRESS 1134 Lealand Road Maplewood, MN , 55109 TELEPHONE _ 829 -8783 483-366o DAYTIME EVENINGS P1 ease wri to bel ow your background and why you woul d 1 i ke to serve on the Suburban Cable Commission. You must have an interest in cable TV and must be a resident of Maplewood to serve on this Commission. I have been a resident of Maplewood since 1976 and have been a cable Ty subscriber since it w as first offered. I am a U. S. Navy veteran (submarines ) , a graduate of . Metro- . politan State University, and have been employed by U S West for 24 years . I am presently a Technical Design Specialist in the Marketing Department where I design telecommunications systems for large businesses, I have always had an interest in cable Ty because I believe it is a powerful medium with the potential to educate entertain and bring information to many if its costs are kept reasonable. I sincerely believe it would be challenging and exciting to serve on the Cable Commission, RETURN COMPLETED APPLICATION TO: City of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 29 612/770 -4526 CITY OF MAPLEWOOD RAMSEY/WASHINGTON SUBURBAN CABLE COMMISSION NAME Sandra Hughes ADDRESS 2020 Arcade Street Maplewood, Mn. 55109 TELEPHONE 776-2276 Same DAYTIME EVENINGS Pl ease write below your background and why you would l i. ke to serve on the Suburban Cable Commission. You must have an interest in cable TV and must be a resident of Maplewood to serve on this Commission. I have been . a 'resident of Map lewood since May, 1982 . M y professional background encompasses twenty years in the computer industry. I became activel v interested in cable television in 1989 when studio and editing classes were made available to the Como Zoo Docen the education volunteers _ at .Como Zoo, ,I have been a member of that organization since 1985, have served on the board of directors n e January, 1990 The staff of video trained volunteers has grown to over twent p which are monthly, thirty minute, magazine format shows which rely heavily o Zoo The show has a regular time slot on the Metro Regional . Networ C White Bear Lake, Roseville and Saint Paul. I have come to understand and appreciate the potential of public — access, I believe t as the a.��a.l. .ty and d i vers ity of programmiag on public access increases, it can become an important service to the community and, even proui elp- an inc to hennmp a suhscri . I would like to participate f u l l y in helping to bring that about, I ■ .RETURN COMPLETED APPLICATION TO: City of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/110 -4526 CITY OF MAPLEWOOD RAMSEY[WAS NGTON SUBURBAN CABLE C011I1VIISSI019 NAME NEV „✓ L, OeVA T ADDRESS R3 v5 C.rR veR Avr -Wut ��/'iQ�� CL✓ D a � j�/� Ss� // � TELEPHONE Pas 3� DAYTIME EVENINGS Please write below your background a nd why you would like to serve on the Suburban Cable Commission. You must have an interest in cable Tv and must be a resident of Mapl ewood to serve on this Commiss M I.A\ ■I I I RETURN COMPLETED APPLICATION TO: City of Maplewood Gretchen B. Maglich, Assistant City Manager 1830 East County Road B Maplewood, MN 55109 612/770 -4526 c_; i ty of Maplewood Gretchen B. Magl ioh , Assistant City Manager 1,830 Fast County Road 8 Maplewood, MN .55109 (612) 770 -4526 Dear Ms. Maul. ich , I am applying for the Cable Commisioner position and I have listed my background below. 1985 Present veterans Administration Medical Center leotronic Technician Duties include: Repair and Service of Hospital MATV and Radio - Entertainment Systems; Personal. Computers; P r i n to rs ; Audio /visual Equipment; Local Area Networks; Nurse Call Systems; video Terminals; security Systems; Auditorium A/V System; and other areas. 1984 - 1985 I nterconi cs Electronic Technician Duties included: Repair, service, and Installation of equipment used for fabrication of integrated circuits; Quality Control Inspector; and setup of Sur Mount Assembly far placement of finished product. 1969 - 1983 Country Club Markets Carryout to store Manager Typical work that is done in a grocery storey which includes.- Carrying out g rooe r i es to stocking to ordering to Store Manager. I worked in every department y Grocery, Cashier, Produce, and Dairy/Frozen. A period of four years time is taken away from this period due to Active service , , which follows. 1971 1975 U.S. Air Force Teletype Repairman - leotro- Mechanical Repaired, serviced, installed, and modified teletype equipment, Crypto equipment, and to l au tog r ap h . I was also a supply NCO, Safety NCO, and a Job Control /NCMO NCO. The last entailed 24 hour coverage of the base for calling personnel on outages of vital equipment., and base security. Page twa 197 1977 U.S. Air Force Reserves he Regular B asically did the game as in Air Force. . a�� 1M federal Women Program I have d one videotaping G •fir /�/ New s �,.i r g �- Li G� l t �+ �✓ h n �. �+ Lit Gas . s k its and keynote w.�� lw✓ � � Mi/ r Mn� M /M� �t in the operating room a t the V.A. Medi W L^M1 l Center. G -� rte degree in criminal I also have an Associate a j ustice f r ca m Inver Hills Community Col lege and a two Yea' e in Industrial Electronics from the St. Paul `�o�~Tech . de�re My desi in being an the comm ission begane with my types" l am also concerned �.nter set in communications of all with what the f i niehed product would look like and would . rcu pS to achieve it. or work wi th th individ g I believe that being an the c omm ission would allow me to pull from my backgrou not on ly technically but also my �;reanal skills that l have obtained through my life P W theme skill l would strive to m aintain and improve the Maplewood Cable facilities and community involvement« If there are any que stions or concerns you may have please feel f ree t call me at ei th er of the listed numbers Si noerely , ev n k�.K Martin 2345 Carv Avenue Maplewood, MN 55119 731 -6948 (w) 72S-201 ;lotion by Council. Endors ec3..w,.�... ... xodtfi ..........a.�...... MEMORANDUM Eej eoted.,..,...,,....�... TO: City Manager Date FROM: Director of Community Development SUBJECT: Requ for Temporary Signs - 2223 White Bear Avenue DATE September 10, 1991 On August 26, 1991, the City Council tabled this request until September 23 to get more information about the status of the business. The name of the business has changed to Assured Quality Service Network, Inc. Z -� Attachment: August 19 staff report MEMO�DUM TO: FROM: SUBJECT: LOCATION: APPLICANT: PROJECT TITLE: DATE: City Manager Thomas Ekstrand, Associate Request for Temporary signs 2223 White Bear Avenue James R. Norring Minnesota Service Business Protection Agency, Inc. August 19, 1991 Planner and Consumer INTRODUCTION Mr. Norring is requesting that the City Council approve exceptions to the temporary sign ordinance so he can have two banners. He would like a 4- by 20 -foot banner up continually for four to six months. (This sign is up now.) He would also like a 4 - by 10 -foot "open house" banner up two or three days each week. till the end of the Year. Mr. Norring wants to use the temporary banners to save money on permanent signs until he can establish his.business. (See his letter on page 6.) BACKGROUND On July 23, 1991, I issued a 30 -day permit for the larger sign. The Council approved the temporary sign ordinance last April. The requirements that apply to this request are: (1) The total time of all permits for temporary signs. at any one business location shall not exceed 30 days each year. (2) There shall be no more than one temporary sign at a business location at any one time. (.3) The City. Council may approve exceptions to this section if the applicant can show there are unusual circumstances with the request. The Council may attach conditions to their approval to assure that the sign will be compatible with surrounding properties. DISCUSSION The intent of the ordinance is to limit temporary signs to thirty days each year and no more than one temporary sign on the property at a time. The Council may approve exceptions if there are unusual circumstances. Mr. Norring feels that the unusual circumstance in his case is the unique service of his business. A new business with a unique service or uncommon name is not unusual. Many of these new businesses do not succeed. They do, however, put up permanent signs. Approving an exception for Mr. Norring's business would set a precedent for requests from other new businesses with similar circumstances. It is not the intent of the ordinance to allow banners for more than thirty days as a substitute for permanent signs for new businesses. As an alternative, Mr. Norring could put up temporary signs for an indefinite length of time if they do not exceed 16 square feet in area. RECOMMENDATION Deny the request for temporary. signs at 2223 White Bear Avenue because: 10 There are no unusual circumstances that justify additional .signs. 2. Approval would set a precedent for other new businesses. te\norring.mem (section 10) Attachments 116 Location Map 2. Property Line / Zoning Map 3. Site Plan 4. Applicant's letter dated July 15, 1991 5. Description of business I p,AK AY / -� _ `►••..•�' y wood fits EAM 1 ..A �.... cn Z 8 0 00 M1 W X W MAI�fC N �(2 t-- -�' = .. W W// \N) I PONS a cr AA KOHLMANU AV Z North Y KOHLMAN AV N Q v Hate /wood 5 N cr Pk Z W CO > RD 2 .., ��C�� Up 1--: T0� *4 w Q _ CTI Z 3 J 10 p v� CTS' /L� W 5� EDG EHILL RD 3 -T 0 z Harvest N --� W pk i . DE MONT AV m p -�- o (1) CON NOR AY 0 . o g BROO p w Q SEXTANT ai Four P� AV Q XTAN T AV A&Vsons r Cr W AV Q a GERVAIS GERVAIS GERVAIS AV GRANDVIEW AV Z CT Q C m VIKING DR Y TLE A [ 36 1 � HERR N AV Knuckle yeod Lake N COPE CT COPE AV -- -� G AV = v� J LARK AV A �� N 64 C Cn U. CO O RD B v LAURIE a a R Y W = Lk RIE RD r LELAND RD , c SAND- HURST "'O A = v Z � a Z Z W i JUNCTION ST c n Y CO RD "B" N H E q o BURKE o Robinhood AV G�c� .:..:.� Q ►MBERS ST Vii) V N °D ELDRIDG AV 0 g'�0%, 1 iii; 1 f = B AN BEL MONT AV N I C1tyHa // = SKI _ �� RECRE'AT /O� TF -� AV KILLMAN AV Q w ' ° EFs ARRig ° AV u QUO N ROSEWOOD .AN N � RY- AN Al J S ' J S — F/lcek N N i a z Z J Cn 28 O pR� O AR .... 29 S v AV GO G f Ix G 01.. } :: a .......... ........ 'EN TON AV c a n t F n °° W , a F- v W N S ME R AV o SUM trER N W QP J Ar- _ Cr F R I S B I E AV i Pk ac } Goodr/ch a s W s �e 0 o W 1 O �� Pk RIPLEY AV ? 4 W. >- Z Z RI PL m EY Cl) AV W u v W .� > o, WAK�F /ELD Y a v' SOP A AV = 0 ao `' 'y` V // � �, U- W ��� W KINGSTON AV = Z to Z F' O N S Y ? a W HIA AV q LAKE ac i 2 a PRICE AV Z J Cr Z Q Z J PRICE b> GUv (lir 3 > = c \ O W v O — 1— W \.. V W .... .............. Q g} .. . .. . ...... ....... .A R F .............. .......... i� p 30 62 64 65 1 Tr- 1 LOCATION MAP 4 N 3 Attachment 1 i t �� ' 1v n• 8) - - -- - -- — ( ) + o '73 75 .4446- • (ooZ 38' 0 84 a+ 84. 1764 1774 (5r) (5.5) (5 4) (53) (5 z) " (s!)' 40 15 OG I) -a' 4'7 ° C24-) (2 � + 01 _ ~y 2229 MINNESOTA Q , 7? a T5 ?S' 7 ? • 7►3• mss' ,6 t ,2 SERVICE 7S - -- .p /02 , •' 73' '75' 40 1101 - - - -- V. D (33) (71) (7n) Q* lop t�; (7�� X60 160 ''� �t Q • 131.) L2J t 2 2L - �n Q R+ 2 ► w G91 ) o i _ _ _ A .•,• • - -_ _ r _ 2225 � V 1 40431, '.� 7 �' OD f60 23-0 2 O r Z — s I X22 ? °O ^ 22' �' ''. 2 84 ♦t " tee +s n 0 2 �3i • 000 (7 rn (77) .....1 1J' - i00' i�3.3lo v • �1.. 21 r • L V -•L. - VA G Doc IS 0 try + � �' r. � � $ .5 / � / • � 30' � � � V4 4.9 2 ac . O 2 0 u 28 1 7 34P + • - _ _ _ _ _ GROUP HEALTH - -- - �; `�o ► ►�o �n VAC k)/,n 7�' ', ._. . �o I* b Z 6 38. 133 3 X2.5" X266 :' aER'S AD DITION / PROPERTY LINE /ZONING MAP 4 Attachment 2 4 N a r , �t t i j 1 i ' F I SITE PLAN V N Attachment 3 Minnesota Service Business � L.onsu er rroTecTion Agency 2 Bear Avenue, Maplewood, nnesota 55109 (s12) 779=8284 D is� re OUv IE t,-. July 15, 1991 City of Maplewood 1830 East County Road B Maplewood, MN 55109 Dear Mr. Ekstrand and Members: We are a new company that has recently opened. We are seeking your permission to place temporary signs. (banners.) on our building. The larger of the two banners is 4' x 20', this banner would be placed on the north side of the building and has our company name and logo. The other banner is 4' x 10', which would only be used two to three times, per week, this banner will be placed.on the building and removed the same day. This one states that we will be having an "Open House" on that particular day. Your consideration in this matter will be greatly appreciated to help us ,differ our costs of permanent signing until we have estabilished ourselves. Thank-you for your time, and consideration: Sincerely, James R. Nor ing President 6 Attachment 4 M innesota Service Business & Consumer Protection Agency, Inc. 2223 White Bear Avenue, Maplewood, Minnesota 55109 (612) 779-8284 Minnesota Service Business &Consumer Protection Agency, Inc. acts as a liaison, advisor and dispute conciliator between the consumer and auto repair facilities. Through research and consultation with members of the auto repair community and SCORE (Service Core of Retired Executives) this agency was started. Responses from repair facilities have been quite favorable; they feel "it's about time ". They dislike the repair facilities that use marginal tactics which create problems and mistrust for reliable repair facilities. The need for this service is more important now that mandatory vehicle emissions testing has started in our seven county metro area. We do not want the consumer to be coerced into unneeded repairs by unscrupulous repair facilities trying to take advantage of this requirement. The purpose of Minnesota Service Business &Consumer Protection Agency, Inc. is to prevent consumer fraud and to protect the reputation of ethical automobile repair businesses. Our service refers the consumer members to qualified professional service agency members. Minnesota Service Business &Consumer Protection Agency, Inc. investigates each agencies reputation and quality of work. Once approved by Minnesota Service Business &Consumer Protection Agency, Inc., the repair agencies sign a binding mediation contract and pay an annual membership fee to be part of our referral S @NIC @. The consumer obtains our service by completing an application, signing a quarterly or annual contract and paying the membership fee. Whenever repair work is needed, contact Minnesota Service Business &Consumer Protection Agency, Inc. We will determine what repair is required and provide a list of qualified service members. Minnesota Service Business & Consumer Protection Agency, Inc. will monitor such things as costs, parts required, warranty of repairs and the justification for doing the repairs. No work will begin until authorized by the consumer. In the unlikely event of a dispute arising from repairs Minnesota Service Business &Consumer Protection Agency, Inc. will attempt to resolve the issue. Attachment 5 � o 0 _otPSERVtcFei. AGENDA REPORT- Acton by Covnoil: TO: City Manager FROM: City Engineer Date SUBJECT: White Bear Avenue — Project 89 -12 DATE: September 17, 1991 This item, was tabled at the August 26 meeting to allow time for additional: research. `The most significant concern was financing. The proposed financing assumed that Ramsey County would not be assessed in accordance with the cooperative agreement for the project. This was consistent with previous city policy since Ramsey County had - paid for the cost of the original sanitary sewer. Discussions with the county subsequent to the hearing have, not changed the county's position on assessments. A number of residents along the west side of White Bear Avenue testified at the hearing that they paid a cash connection charge when hooking up to sanitary sewer. It appears this charge was paid to the City of St. Paul .prior to Maplewood's incorporation. This is again similar to paying an assessment for the original sanitary sewer installation. Maplewood includes depreciation of the inp(ace sanitary sewer as part the, sewer charges: The theory is that the sewer fund will be able to fund replacing the system when it wears out. The sanitary sewer on White Bear Avenue is beyond repair based on television inspections. The argument can be made that the sanitary sewer fund should finance the replacement cost. If the sewer fund is used to finance the sanitary sewer portion of the project, the financing summary is as follows: Estimated project cost $324,590 Proposed financing Special assessments $ 25 Municipal state aid 76,180 Sanitary sewer fund 222,585 $324,590 The special assessments proposed are for commercial water service, one new residential service and three lead service replacements. There are no sanitary sewer assessments proposed. KGH jW i RESOLUT WHEREAS, Plans for Projects No, S.P. 62- 665 -31 and S.A.P. 62- 629 -06 showing proposed alignment, profiles, grades and cross sections for the reconstruction truction of County State Aid Highway No. 65 (White Bear Ave.) and County. State Aid Highway 29 North St. Paul Road) within the limits of the City as a Federal Aid Project have been prepared and presented to the City. NOW, THEREFORE, BE IT RESOLVED: That said P lans be in all things approved. .Dated this day of 19910 CERTIF ICATION State of Minnesota County Of Ramsey City of Maplewood I hereby certify that the foregoing esolution is a true g and correct copy of a resolution presented to and adopted b the City Maplewood at a meeting Y y Council of Ma P ting thereof held in the City of Maplewood, Minnesota, on the day of 1991, as disclosed by the records of said City in my possession. (Seal) RESOLUTION ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, after due notice of public hearing on the construction of sanitary sewer and service replacement, water main and service extensions, storm sewers, signal systems and other work as part of cooperative agreements with Ramsey County for.reconstruction of White Bear Avenue- Larpenteur to Frost, City Project 89 -12, a hearing on said improvement in accordance with the notice duly given was duly held on August 26, 1991, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY.THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 10 That it is advisable, expedient and necessary that the City of Maplewood construct sanitary sewer and service replacement, water main and service extensions, storm sewers, signal systems, and other work as part of cooperative agreements with Ramsey County for reconstruction of White Bear Avenue— Larpenteur to Frost, City Project 89 -12, as described in the notice of hearing thereof, and orders the same to be made. 2. The mayor and city manager are authorized to execute Cooperative Agreements 91021, 91022, and 91023 with Ramsey County. 3. The project budget is amended to $324,,590. financing shall be as follows: The project Special Assessments $127,000 MSA Off-System Transfer 7 6 , 18 0 Sanitary Sewer Fund 121 Total $324,590 DATE: September 16, 1991 Introduction The attached letter requests that consideration be given to designating the east side of East Shore Drive from Larpenteur to 400 feet north as a no parking zone. Background East Shore Drive is under Ramsey County jurisdiction. Posting of no parking on a county . road must be requested by the city and implemented by the council The rationale for requesting no parking that parked cars on the boulevard destroy the turf with resultant erosion is reasonable. Mr. Brooks has taken a number of photographs that illustrate this. These photographs will be available at the council meeting. Recommendation It is recommended that the attached resolution be adopted. BAI 0 1w Attachments AGENDA ITEM AGENDA REPORT ,Action Dy, Council: TO: City Manager FROM: Assistant City Engineer Bruce Irish HeJectA Dat aft,.�.,,., SUBJECT: Request for No Parking on East Shore Drive DATE: September 16, 1991 Introduction The attached letter requests that consideration be given to designating the east side of East Shore Drive from Larpenteur to 400 feet north as a no parking zone. Background East Shore Drive is under Ramsey County jurisdiction. Posting of no parking on a county . road must be requested by the city and implemented by the council The rationale for requesting no parking that parked cars on the boulevard destroy the turf with resultant erosion is reasonable. Mr. Brooks has taken a number of photographs that illustrate this. These photographs will be available at the council meeting. Recommendation It is recommended that the attached resolution be adopted. BAI 0 1w Attachments RESOLUTION WHEREAS, the parking of vehicles on the east side of East Shore Drive between Larpenteur Avenue and 400 feet north is seen to cause loss of boulevard turf with resultant erosion, and WHEREAS, the erosion is detrimental to the water quality of adjacent Lake Phalen, and destruction of boulevard turf impairs the property value of the abutting properties, and WHEREAS, East Shore Drive is under - the jurisdiction of Ramsey, County. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, NOW, MINNESOTA that Ramsey County is requested to evaluate and, install no parking signs on the east side of East Shore Drive from Larpenteur to 400 feet north. 9 September, 1991 1700 East. Shore Drive Maplewood, MN 551.09 (612) 771 -2557 Maplewood City Council 1830 East County Road B Maplewood, Minnesota 55109 City Council Members Earlier this summer I spoke with Mike Richards and Dan Shaat at the county level about .a situation that directly affects my property on East Shore Drive and the property of my neighbors gust to the south. Apparently our request would require your approval and your petitioning the County. The gist of the petition we seek is the placement of no parking signs north of Larpenteur up East Shore Drive for a distance of about 400 feet, Part of the reasoning for the request can be seen in the enclosed photos. Because our boulevards are flat and there is no curb, people regularly park on what is essentially part of our front yards. Besides an eye -sore, it has kept grass from growing. The sand is quickly washed away in the Spring and after rain storms because there "is no curb or formed gutter for the water to follow. In the conversations I had with Messrs. Richards and Shaat about the tear -up and repaving of East Shore Drive north of Larpenteur, all agreed the road work going on now would be a prime time to solve the problem. Part of the solution will come from the creation of a curb to contain run off ' and direct its flow* The other part of the solution, and the beginning of a better looking neighborhood, is posting this final stretch of East Shore Drive with no parking signs. This would be consistent with the parking ban for the east side of East Shore Drive that exists from Johnson Parkway to Frost Avenue. With the posting of no parking signs, the county was speaking positively about trucking in a few loads of black dirt in the Spring to allow us to sod the area in question. Thank you. Let me know if I can be of further assistance in presenting this situation to the Council. Cordially; Michael Brooks Aotion 'bY Council, AGENDA REPORT Modift�d..r, IteJ Got . DatA w•.......••..•.�•• To: City Manager Michael McGuire • From: Director of Public Safety Kenneth V. Collins C of l i n s Subject: Resident Request For Three -way Stop - County Road C & Cypress Date: September 16, 1991 Introduction Residents in the area of County Road C and Cypress have requested that this location be made a three -way stop. Background 1 of 1991 residents in the area of County Road C and Cypress contacted In July � the Maplewood Police Department because of their concerns for public safety on County Road C between Lake Gervais and Highway 61. Their P was request specifically for stop signs to be added at County Road C at q Cypress to make it a three -way stop. Their concerns dealt with vehicles traveling at excessive speeds at all hours of the da y, an increase in traffic, and the inability of vehicles to get in and out of their driveways. On Au 9 ust 9, 1991, the attached letter and petition signed by the area residents was received. During he past two months, radar has been run at this location during varying g time permitted. Numerous violations have been p issued for vehicles hours as ti traveling in excess of the posted 30 m.p.h. limit. Part of the increase in traffic may be due to construction that is taking place on Keller Parkway south of County Road C. Alternatives 1. Take no action. 2. Request that Ramsey County Engineering do a traffic study for potential installation of stop signs. 3. Continue radar speed enforcement of the area. Act ion Regu_ i red Present this matter to the City Council for their review and handling. KVC :js AUG 9_ A��PLEWOOD­-­­ ` e__ ne- 41L OV oo�/ Ar OAF WL.. g L A� M��, , -1 v4u - a--e —Ie. —.z d—v .OV* Z�" —94—ft- -� e— e4- 1—. t� A- t/;-? Z-a— - _0 A m I/- F--4- /--c-- wool W u lifol � F• •J • ot / -._ -- __------ _.___- � - C-1 Ca i7f -7 w ql 00 e& _ i 1 T ......r 3 AGENDA REPORT TO: FROM: RE DATE: City Manager Assistant City Manager RENEWAL OF SCC LEASE FOR OFFICE SPACE: 1902 EAST COUNTY ROAD B September 13, 1991 INTRODUCTION Action by council Reject Data Suburban Community Channels (SCC) rents 1,062 square feet of office space on the second floor of the Public Works building, 1902 East County Road B. To date, SCC and the City have been operating under the 1990 lease with the understanding that any increases for 1991 will be retroactive to January 1, 1991. The proposed lease agreement for 1991 is provided for the City Council's consideration and approval. BACKGROUND SCC has rented office space in the Public Works building since 1987. The lease has three basic components: SCC pays the City a base monthly rent; the City provides basic facility services including heat, A/C, utilities, and janitorial; and SCC provides the City with $2,280 worth of production services. In 1988 it was agreed that as part of the rent, SCC would provide free production services to the City for its cable TV production needs. However, the City did not have the equipment required to cable cast, so the production services portion of the rent went unused during 1988 and 1989. The total unused portion of production services is $4,280. DISCUSSION The 1991 lease took 9 months to negotiate for two reasons. First, SCC hopes to acquire the Cable TV North Central studio on County Road F and Bellaire in White Bear Lake. when that ownership change takes place, SCC will move their offices to the studio location. SCC expected to negotiate the ownership change earlier in 1991. The second reason for the settlement of the lease this late in the year is that SCC was shopping in and negotiating with other landlords for office space. No other satisfactory g space was found, so SCC decided to renew. The differences between the 1990 and 1991 lease are as follows: • The unused production services (1988 and 1989) will be provided to the City over the next three years in blocks of $1 per year. • The regular annual production services will be reduced from $2,394 to $1,000. (Note: total production services for the next three years will be $2,430 per year.) • The rent will increase 4% to $7,992 per year. • SCC will provide janitorial services for their own space. The City building maintenance personnel will only be responsible for the common restrooms, lunchroom,and maintenance of the heating and air conditioning systems. • SCC will be responsible for their own painting and tenant improvements. It is recommended that the City Council approve the proposed 1991 lease with SCC for the office space at 1902 East County Road B. LEASE AGREEMENT This LEASE made and entered into this 1st day of.December, 1990 by and between: CITY OF MAPLEWOOD, having its principal office at 1830 E. County Road B, Maplewood, MN 55109, hereinafter referred to as "Lessor ". and Ramsey /Washington Counties Suburban Cable Commission & 'Ramsey /Washington Counties Public Access Corporation dba /SUBURBAN COMMUNITY CHANNELS, having its principal office at 1902 E. County Road B, Maplewood, MN 55109, hereinafter referred to as "Lessee". 1. PREMISES. Lessor leases to Lessee and Lessee hereby takes from Lessor those certain premises located within the City of Maplewood, known as the Public Works Building located at 1902 E. County Road B, Maplewood, Minnesota, designated as. Office Space Suburban Community Channels, office space, exclusive of any furnishings and comprised of 1,062 square feet. 2. TERM. Lessee shall have and hold the premises as described herein with their appurtenances with a term beginning on January 1, 1991, and ending December 31, 1991, and may be terminated by either party with a} day /. wry tt.en notice. y � 3. RENT. The total rent paid by Lessee for the certain premises described herein for the term described above shall be $7,992.00 with $666.00 due and payable on or before the 1st day of each month. In addition, Lessee agrees to provide up to $1,000.00 per year in production services at no cost to Lessor. Production services will be prorated against the actual time of occupancy. Lessor shall not carry Over more than $500 of unused production services to the following year. 4. PRODUCTION SERVICES FROM PREVIOUS YEARS. During the years of 1988 / 99 O and 1989, production services in the amount of $4,280 were not used by Lessor. �e �6 These services shall be provided to Lessor by Lessee over a three year period at $1,430 per year. These past production services are in addition to the $1,000.00 per year as provided in Section 3. RENT. 5. SERVICES TO BE FURNISHED. The Lessor shall furnish to the - Lessee as part of the rental consideration the following services and utilities-, heat, air conditioning, parking facilities, toilet facilities, the use of entry halls and common corridors. Lessee shall provide janitorial service for its 1,062 square feet. 6. ALTERATIONS AND CAPITAL IMPROVEMENTS. Lessee shall make no permanent alterations, additions, or changes in the leased premises without the prior written consent of the Lessor. Lessee may attach signs pertaining to Lessee's operations and appropriate decorative items upon written consent of Lessor. Lessee may paint the leased premises with the Lessor's written approval of wall 1 color. Payment for any alterations, additions, changes or remodeling requested by Lessee shall be subject to negotiation between Lessee and Lessor and the terms of any payment agreement shall be appended as an amendment to this Agreement. In the event that Lessor _intends to undertake capital improvements to the entire Public Works Building which will result in a change in annual operations and maintenance costs above and beyond normal annual increases, Lessor shall notify Lessee as to the extent to which Lessee shall share in payment of the cost of said capital improvements and any such agreement shall be appended as an amendment to this Agreement. 7. MAINTENANCE. The Lessor shall maintain the premises and property furnished under this Lease in good repair and tenantable condition during the continuance of t h i s lease, except in the case of damage arising out of the negligence of Lessee's agents or employees. For the purpose of maintaining the premises and property, the Lessor may enter and inspect the premises and make necessary repairs thereto at reasonable times approved by the Lessee. 8. DAMAGE BY FIRE OR OTHER CASUALTY. If the premises are destroyed by fire or other casualty, this Agreement shall immediately terminate. In case of partial destruction or damage, so as to render the premises untenantable as determined by the Lease, the Lessee may terminate the Lease by giving a written notice to the Lessor within fifteen (15) days thereafter. If so terminated, no rent shall accrue to the Lessor after the date upon which partial destruction or .damage occurred . If not so' termi nated, the rent shall be reduced proportionately in accordance with the percentage of space rendered untenantable effective from the date upon which the partial destruction or damage occurred and the reduction shall remain in effect until the date upon which the space is restored to tenantable condition. 9. HOLD HARMLESS. The Lessor agrees to hold harmless, indemnify, and defend the Lessee, its commissioners, officers, employees, agents, representatives, customers or invitees against any and all claims, losses, damages or losses for damages arising from or allegedly arising from, or related to the Lessors management, operation or maintenance of the leased premises. Lessee agrees that Lessor assumes by this Agreement no liability for loss of Lessee's personal property resulting from fire, tornado, civil disorder, theft or any other cause whatsoever except as may be attributed to Lessor's negligence. The Lessee agrees to hold harmless, indemnify and defend the Lessor, its council persons, officers, employees, agents, representatives, customers or invitees against any and all claims, losses, damages, or lawsuits for damages arising from or allegedly rising from, or related to the Lessee's management, operation or maintenance or use of the leased premises. 10. INSURANCE. The Lessee shall carry a comprehensive general liability insurance policy in the combined single l i m i t of $600,000 insuring the Lessee and the Lessor as an additional insured with respect to the premises leased by the Lessee located at the Public Works Building. Lessor and Lessee mutually waives subrogation for losses and casualties covered by fire and all risk policy. 11. HOLDING OVER. In the event that Lessee shall continue to occupy the premises following expiration of t h i s Agreement, t h i s Agreement shall convert into a holding over from month to month at the same rental rate and under the same term said conditions as prevailed during the last month of the expired term. Said holding over shall be deemed to be terminated upon execution of a new Agreement for the premises by the parties hereto or, in the event that no new Agreement is so executed, said holding over may be terminated by thirty (30) days written notice by either party. 12. SUBLETTING. The Lessee above named shall not sublet or rent the premises., or any part thereof, or permit the subject premises or any part thereof to be used by any additional occupants and shall not transfer or assign this Lease. 13, DAMAGE TO LEASED PREMISES. The Lessee shall not suffer or commit waste in and about. the leased premises. The Lessee agrees that if any damage to the leased premises shall be caused by the act or negligence of Lessee, its agents, employees, visitors or licensees, the Lessor may, at their option, make such repairs and charge the costs thereof to the Lessee and the Lessee shall thereupon immediately reimburse the Lessor. for the total cost of damages so caused. 14. ACCESS BY LESSORS TO REPAIR, INSPECT OR EXHIBIT. The Lessor shall retain duplicate keys to the leased premises and shall have access to the same in an emergency, or in the absence of an emergency, upon one (1) day's notice in order to inspect.the same or to make necessary repairs or alterations either i.n the leased premises or upon the area surrounding the same. The Lessor shall have the right, during the last thirty (30) days of the lease, or any subsequent extension of the lease, to show the premises to prospective lessees; and during the last ten days of said term shall have free access to the premises in order to make repairs for the incoming lessee, should they deem this action necessary. 15. SURRENDER OF PREMISES. At the end of the term, or as soon as termination provided herein, Lessee shall return the keys and quit and surrender the leased premises in as good order and condition as they were at the beginning of the term, reasonable wear and use accepted. If the leased premises are not so surrendered, Lessee will make good to Lessor all damages which Lessor shall suffer by reason thereof, and will indemnify Lessor against all claims made by any succeeding Lessee against Lessor founded upon the delay by the Lessor of delivering possession of the leased premises to such succeeding Lessee, so far as such delay is occasioned by failure of Lessee to surrender the leased premises. 16. ACTION OF OWNER UPON DEFAULT -RIGHT OF REENTRY. Should the Lessee, at any time during the continuance of their occupancy of the leased premises violate any of the other agreements, terms and conditions of this Lease, or any rules or regulations herein or hereinafter adopted by Lessor for the leased premises, the Lessor shall have the right and option to terminate the tenancy and, upon ten (10) days notice, specify the default to the Lessee, reenter and take possession of the premises, or proceed by legal process in the court having jurisdiction of the premises and without any previous demand for possession or notice, the said Lessee hereby expressly waiving all right to claim thirty (30) days or other notice to quit or remove from said premises. 17. ABANDONMENT. If the Lessee shall abandon the leased premises or vacate the leased premises, voluntarily or involuntarily, the same may be re- entered by the Lessor without notice, let for such rent and upon such terms as the Lessor at their discretion may deem reasonable and advantageous, and in that event, Lessee shall be, and remain, liable for any deficiencies in rent, any expenses incident to such rel etti ng, as well as any damages which the Lessor may have sustained by virtue of the Lessee's use and occupancy of the premises. 3 18. REMEDIES OF LESSOR UPON TERMINATION ATTORNEY FEES, DAMAGES, DEFICIENCIES, ETC. In the event that the term of this Lease shall terminate pursuant to any provision of this Lease other than expiration: (a) Lessee shall pay to Lessor the rent then due, together with all expenses of the Lessor, including such legal fees and disbursements as may be allowed by a court of competent jurisdiction, incurred in connection with any summary proceeding or other action or proceedings in the removal of the property and effects of Lessee or other occupants from the leased premises; (b) Lessee shall be liable for all expenses incurred by Lessor in repairing these premises for re- rental; (c) Lessor may rel et the premises or any part, or parts thereof, either in the name of Lessor or otherwise, for the term or terms which may, at Lessor's option, be more or less than the period which would otherwise have constituted the balance of the term of this lease and may grant concessions or free rent and Lessee shall remain liable for payment of the full rent for the balance of the term; (d) the Lessee shall also pay to Lessor as damages, for the failure to observe and perform Lessee's covenants herein contained, any deficiencies between the rent hereby paid, or agreed to be paid, for the remainder of the term hereby originally released from the date of such termination, reentry or repossession, and the net amount of rents collected on account of a lease or leases for the leased premises for each month of such period after the deduction of concess -i ons, free rent, broker's commissions and expenses of Lessor for repair and otherwise preparing the leased premises for occupancy by any other tenant. The Lessor, at their option, may make such alterations and /or repairs in the premises as it considers advisable and necessary for the purpose of reletting the same and making of such alterations and /or repairs and shall not release the Lessee from any liability thereunder; (e) the Lessor shall, in no event, be liable for Lessee in any manner whatsoever, for the failure to relet the leased premises, or in the event that the leased premises are relet for failure to collect rent due under such reletting and any such failure to collect the rent under such reletting shall not release or affect Lessee's l i a b i l i t y for damages; (f) the Lessor's rights and remedies under t h i s lease are cumulative. The use of one or more thereof shall not exclude or waive any other right or remedy. 19. WAIVER OF ANY BREACH - NOT A GENERAL WAIVER - NO ELECTION OF REMEDIES. No waiver of any breach of the covenant, provisions or conditions contained in this lease shall be construed as a waiver of the covenant itself or of any subsequent breach thereof; if any breach shall occur and afterwards be compromised, settled or adjusted, t h i s lease shall continue in full force and effect as if no breach had occurred. 20. NUISANCES, LAWS AND REGULATIONS. Lessee shall not occupy or use the premises or permit them to be occupied or used in a manner which is unlawful, disreputable or creates any nuisance or fire hazard, or which would invalidate or increase the rate of insurance coverage on the building or its contents, or which would interfere with, annoy, or disturb any other tenant in the use of its premises or the Lessor in the operation of the building. Lessee shall comply with all laws, ordinances, orders, rules and regulations relating to the use, condition or occupancy of the premises. Lessee 4 shall comply with rules and regulati adopted by Lessor from time to time in good faith for the safety, care and cleanliness and preservation of good order in the premises and the building. 21. GENERAL. This Agreement consti the entire ag reement of the parti This is a Minnesota. contract and shall be construed according to the laws of the State of Minnesota. The captions in this agreement are for conven and are not part of this Agreement. All preliminary negotiations are merged into and incorporated in this Agreement. This Agreement can only be modified or amended by an Agreement in writing by the parties hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. Lessor.: Lessee: CITY OF MAPLEWOOD By Its MAYOR By Its CITY MANAGER RAMSEY /WASHINGTON COUNTIES PUBLIC ACCESS CORPORATION dba/ SUBURBAN - COMMUN ; CHANNELS B y I ts President n Ch sty B i �/ er Its Secretary Alfred H. Stepan RAMSEY7WASHINGTON SUBURBAN CABLE Approved as to Form C 0 MM I N By Its airpelrs By —1 r a J L Its •C �F- A!5j �E2 5 MEMORANDUM TO: City Manager Mike McGuire FROM: Director of Emergency Management Larry J. Cude RE: Approval to Advertise for Bid DATE: September 13, 1991 Date In January of 1991 we received funding from 3M Company for the development of a Maplewood Hazardous Materials Response Team. In order for the HazMat Team to respond to incidents, a Hazardous Materials Response Vehicle is needed. Attached are two specifications; one for a cab and chassis, and one for a box. The Maplewood Hazardous Materials Committee has approved both specifications. The Hazmat Committee estimates the cost of the cab and chassis at $30,000. The box is also estimated at $30,000, for a total cost of approximately $60,000. I am requesting approval of the specifications and approval to advertise for bid by the City Council. If you have any questions, please give me a call. Thank you. LTC:ajo attachments SPECIFICATIONS FOR ONE (1) 24,500 POUND GVW CAB AND CHASSIS CITY OF MAPLEWOOD OCTOBER 1991 INSTRUCTIONS TO BIDDERS The City of Maplewood will receive sealed bids for furnishin g the following:. ONE (1) 24,500 POUND GVW CAB AND CHASSIS 1 Bids will be received until 5:00 p.m., Tuesday,, 15 1991 Y. , at the Maplewood Emergency Management office, 1902 East County Road B, Maplewood, Minnesota, at which time they will be publicly opened and read. Bids shall be submitted on the form provided in the specifica- tions and placed in a sealed envelope with "BID ON 24 .POUND GVW TRUCK" clearly indicated. Only bids received from dealers certified to service heavy trucks will be considered. The basis of award of bid will be on total cost for supplying the unit. Delivery date,. availability of parts and service facili- ties, initial cost, and a complete analysis and comparison of specification details, along with past experience of the City with similar related equipment, will be weighed in making a final decision as to award. No important deviation from the terms of the specifications is acceptable. It is understood and agreed that the City of Maplewood reserves the right to reject any and all bids as authorized by law and to award to other than lowest bidder at its discretion, if in the best interest of the City. Bid price shall be complete and include all transportation, preparation and accessories. Equipment to be delivered, ready for operation, in accordance with the minimum specifications. .=A cash deposit, certified check, or bid bond payable to the City in the amount of five percent (5%) of the bid shall accompany the . bid. Such guarantee to be forfeited as liquidated damages should the bidder fail to fulfill the obligations of the bid proposal. The delivery date should be indicated on the proposal form. Along with the above, the bidder shall furnish the following: 1. Descriptive literature and complete specifications of the unit along with the accessory equipment. 2,9 A complete description of warranty of the unit. 3. A complete description of the repair service availability. The successful bidder shall furnish, if applicable, an operator's handbook, complete parts book, and a copy of the service and repair manual for the equipment at the time of delivery. 1 Bids shall be accompanied by a completed Equal Employment Opportunity Report attached herein. The City reserves the right to reject any and all bids, to waive irregularities and informalities, and award the contract in its best interest. Payment to the successful bidder shall be made within ten (10) calendar days of delivery and acceptance by the City. 2 MINIMUM SPECIFICATIONS FOR ONE (1) 24,500 POUND GVW CAB AND CHASSIS FOR THE - CITY OF MAPLEWOOD, MINNESOTA 1. General These specifications contemplate the furnishing and delivery to the City of Maplewood one (1) 24,500 pound cab and chassis. The unit is to be delivered complete and ready for operations with all equipment and accessories needed for efficient operation whether or not specifically specified herein. The bidder shall furnish only the latest model of new equipment now in production and which has demonstrated satisfactory performance in routine municipal -type operation. The unit shall be equipped with all accessories that are normally furnished as standard equipment with the particular model bid. The unit supplied shall in all ways conform with the current requirements of the Occupational Safety and Health Act (OSHA) of 1970 and the Occupational Safety and Health Act of 1973 (State of Minnesota), 2. Weight Gross vehicle weight shall be 24,500 pounds. 3. Engine The engine shall be diesel delivering not less than 170 gross horsepower at rated rpm. It shall be equipped with a heavy -duty (Donaldson) air cleaner and shall be equipped with heavy -duty cooling system (radiator, fan and thermo- statically controlled fan clutch). Horizontal muffler with vertical exhaust pipe shall be included. Engine block shall be parent bore (no sleeves). 4. Transmission Transmission shall be four -speed automatic Allison Model AT545 or demonstrated approved equal. Transmission shall be furnished with a heavy -duty, floor- mounted gear selector (reference- -Ford Quadrastat Shift Control or equal), an internal and an external transmission oil cooler ( extra heavy duty), and Allison high filtration external "spin-on" type transmission oil filer. 3 5. Front Axle The front axle shall be rated at no less than 7,000 pounds. The vehicle shall be equipped with heavy -duty power steering and heavy -duty, double - acting hydraulic shock absorbers. 6. Rear Axle The rear axle shall have a minimum rated capacity of 17,500 pounds. Gear ratio shall be capable of providing vehicle speeds of 60 to 65 mph. No spin rear axle... 7. Chassis -Cab Dimensions The wheelbase dimension shall be two hundred thirty -four inches (234 "). The cab to axle dimension shall be one hundred sixty -eight inches (168 The bumper to back of cab (BBC) dimension shall be less than ninety -five inches (95 11 )0 S. Frame The frame shall be heavy -duty type, factory reinforced, 1 1 463,000 RBM. Section modulus to be no less than 13.3, 110,000 psi tensile strength. Add 8k" bumper extension. Front tow hooks to be included. 9. Brakes Brakes shall be full air, cam type and shall have a minimum lining area of 900 square inches. Spring set parking brake shall be included. Compressor capacity shall be a minimum of 12 cubic feet. A heated air dryer (Bendix Westinghouse AD 9 or equal) and a pressure - warning device shall be provided. 10. Electrical Equipment The unit shall have 12 =volt lighting and starting systems; dual 535 CCA or more amp capacity batteries (equipped with Cole Hersee master battery switch); 130 amp alternator with matching heavy -duty regulator; complete ICC lighting includ- ing, but not limited to, quartz halogen headlights, inside cab lights, two (2) combination tail and stop lights, park- ing lights, backup lights, left and right door courtesy light switch, dual overhead map lights, directional lights with four -way flashers; high output fresh -air heater, defroster and air conditioner; dual electrical two -speed windshield wipers and electric windshield washer; and cigar lighter. All circuits shall be protected by circuit breakers, located in separate dash compartment (reference- - Ford Fleet Line Haul Panel). 4 Ile Wheels and Tires All wheels shall be not less than seven an (7k") X 22.5 ten d one half ' C hole disc ty f Inch yp Tires shall be ' 12 front radials, single front and firs line tubeless t t tires rated 10 300 dual rear. 10R22.5- rated 18,080 j pounds and 1 OR22.5 -12 rea ' pounds, r tires 12. Sp The front springs shall Pounds a g all have a minimum c • t the pad. Rear springs shall have a mini capacity of 9,000 capacity of 21 000 p i • � pounds at the � um auxiliary, pad plus 2 pound l3 . Fue Sys teen The unit shall have a step tank of no less , ri h �' ' than fift gallon capacity filter a right side D' type equipped y(50 ) and water separator, q ipped with a fuel 14. Cab The cab shall be Of the three -man type manufacturer, and shall , standard with th shield, left a include tinted safety and right side West C y glass wind - With convex auxiliary ast Rectrac 158 ' ary mirrors, dual sun v' mirrors gauge, ammeter, adjustable visors temperature le steering wheel o• p gauge, air pressure gauge it pressure ter, transmis •g g , speedometer, fuel ,.transmission oil temperature au .gauge tachome- warning light, engine gauge, engine temperature g oil pressure warning p ature Pockets, Seat belt d g light door door arm , rests and assist map gauges shall be lighted, handles. All i5. Other Equi P went The following additional equipment is required n the bidder's price: q red and shall be Heavy -duty cartridge . ho g type oil filter. B • g use air drier, AD9 0 radix W estinghouse � r equal, dual air horn b to be s whose location on ca determined l a t er; Nationa with all eat and standard com Custom Air driver's s vinyl upholster f anion seats Y' ,rout fender lights; anodized front bumper ► full 16. p Paint width aluminum a The truc and body hall be paint approved Y painted For p d equal. d White #SCAA00 or E The proposal shall include the executed Affidavit of Noncollusion and Equal Employment Opportunity Report. The description of job categories contained in the Equal Employment Opportunity Report is given in the following: 10 Officials and Administrators Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or direct individual departments or special-phase of the agency's operations, or provide specialized consultation on a regional, district, or area basis. Includes: Department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents unit supervisors, sheriffs, police and fire chiefs and inspectors, and kindred workers. 2. Professionals Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge. Includes: Personnel and labor - relation workers, social workers, doctors, psychologists, registered nurses, economists, dieticians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants, and kindred workers. 39 Technicians Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post- secondary school education or through equivalent on- the -job training. Includes: Computer programmers and operators, draftsmen, surveyors, licensed practical nurses, photographers, radio operators, technical illustrators, technicians (medical, dental, electronic, physical sciences), assessors, inspectors, police and fire sergeants, and kindred workers. 49 Protective Service Workers Occupations in which workers are entrusted with public safety, security, and protection from destructive forces. Includes: Police patrol officers, f iref ighers , guards, deputy sheriffs, bailiffs, correctional officers, marshals, detectives, harbor patrol officers, and kindred workers. 5. Paraprofessionals Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which M usually requires less formal training and /or experience normally required for professional or technical status. Such positions may fall within an identified pattern of staff development and promotion under a new careers concept. Includes: Library assistants, research assistants, medical aides, child support workers, police auxiliary, welfare service aides, recreation assistants, homemakers' aides, home health aides, and kindred workers. 6. Office and Clerical Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and /or information and other paperwork required in an office, Includes: Bookkeepers, messengers, office machine operators, clerk - typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks, and kindred workers. 7. Skilled' Craft Workers Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on- the -job training and experience or through apprenticeship or other formal training programs. `,Includes:. Mechanics and repairmen, electricians, heavy equipment operators, stationary engineers, skilled machining occupations, carpenters, compositors and typesetters, and kindred workers. 80 Service /Maintenance Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene, or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Workers in this group may operate machinery. Includes: Chauffeurs, laundry and dry- cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and groundkeepers, refuse collectors, construction laborers, and kindred workers. VA AFFIDAVIT OF NONCOLLUSION I hereby swear (or affirm) under the penalty for perjury: 119 That I am a bidder (if the bidder is an individual), a partner in the bidding partnership (if the bidder is a partnership) or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation). 2. That the attached bid or bids have been arrived at by the bidder independently, and have been submitted without collusion with, and without any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition. 3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed Firm name Bidder's E.I. Number (number used on Employer's Quarterly Treasury Department Form 941) Subscribed and sworn to before me: This day of Notarial Stamp or Seal Federal Tax Return, U.S. , 19 . Notary Public 8 EQUAL EMPLOYMENT OPPORTUNITY REPORT A ;:DD ............... .. ........ ..... NO. pLt� ��N ... ....... .... . .......... �s .. � -.* ..... .. ....... ................ '* ii ....... C AT �: . L7� . .... . ............. :T:: AE; ..................................... ............ ......................... ::�1U ........ .... .. ........ ..... ............... MB ..... ....... fit ... ................. �. ........... ...... .... :ll .. . ....... : MA: :�±I::' ........ ............ .. ... :IO . Officials and Managers Professionals Technicians Sales Workers Office and Clerical Craftsmen (skilled) Operatives (semi- skilled) Laborers (unskilled) Service Workers TOTAL Note: Descrip ion of job categories are contained Stand Supplemental Specifications, The City of Maplewood required bidders for formal bids to provide information concerning their efforts in the employment of minorities and women. Please answer the followin g questions: 1. Has your firm filed a current Equal Employment Opportunity Information Report EEO - 1? Yes No 2. Has your firm established an affirmative action I program? Yes No � . � g If no, please explain: Company Name Business Address Person Completing Chart Title Telephone 0 PROPOSAL FOR ONE (1) 24,500 POUND GVW CAB AND CHASSIS FOR THE CITY OF MAPLEWOOD, MINNESOTA Date Honorable Mayor and City Council City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 -2797 Dear Mayor and City Council: In accordance with the advertisement of the City, we propose to furnish and deliver to the City of Maplewood, Emergency Management Office, 1902 East County Road B, Maplewood, Minnesota, 55109 -2811 the following indicated equipment complete and ready for operation and in accordance with the specifications on file in the Maplewood Emergency Management Department at the price shown: NOTE: PRIGS MUST BE GIVEN IN BOTH WORDS AND NUMBERS One (1) 24,500 pound GVW cab and chassis Make Model /100 dollars It is further proposed to deliver the unit as specified on or before , 19 Enclosed herewith find cash deposit, certified check or bidder's bond in the amount of $ being at least five percent (5%) of the amount of our proposal, made payable to the City of Maplewood as a proposal guarantee. Such guarantee to be forfeited as liquidated damages should bidder fail to fulfill obligations of bid proposal. NOTE 16 Attach details of repair parts and maintenance availability. 2. Attach complete details of machine warranty. 3. Attach compete specifications and descriptive literature for the unit bid. 10 Remarks (list any exceptions to the specifications): Name of Firm By Its Title Address City, State and Zip Code Telephone ( Date: Witnessed: 11 SPECIFICATIONS FOR ONE (1) HAZARD OUS MATERIALS RESPONSE VEHICLE CITY OF MAPLEWOOD OCTOBER 1991 INSTRUCTIONS TO BIDDERS I. GENERAL TERMS AND CONDITIONS The City �of Maplewood will receive sealed bids - for furnishing the following: One (1) new, all aluminum box /body containing 8 bays /compartments with roll -up overhead type doors and an interior rear command center for use as a Hazardous Materials Response Vehicle. Bids will be received until 5:00 p.m., Tuesday, October 15, 1991 at the Maplewood Emergency Management office, 1902 East County Road B, Maplewood, Minnesota, at which time they will be publicly opened and read. Bids shall be submitted on the form provided in the specifications and placed in a sealed envelope with "BID ON HAZARDOUS MATERIALS RESPONSE VEHICLE" clearly indicated. The basis of award of bid will be on total cost for supplying the 8 bay /command center box /body including frame modifica- tions to a new 1991 or newer cab and chassis to be furnished by the City of Maplewood. Delivery time, availability of parts and service facilities, initial cost, and a complete analysis and comparison of specification details, along with the past experience of the City with similar related equipment, will be weighed in making a final decision as to award. No important deviation from the terms of the specifications is acceptable. It is understood and agreed that the City of Maplewood reserves the right to reject any and all bids as authorized by law and to award to other than the lowest bidder at its discretion, if in the best interest of the City. Bid price shall be complete and include all transportation, preparation and accessories. Equipment to be delivered, ready for operation, in accordance with the minimum specifications. Details of construction and materials, not otherwise specified, are left to the discretion of the contractor, who shall be solely responsible for the design and construction of all features. N.F.P.A equipment shall be as specified within these specifications. Total price on bidder's proposal sheet must include all items listed in these specifications. Listing any items contained in the specifications as an extra cost item will automatically be cause for rejection. 1 Contractor supplying equipment to this specification shall be responsible for having complied with all Federal and State Safety Standards, applicable and effective on the date of acceptance. Dealer must be licensed to do business in the State of Minnesota. A copy of these specifications shall be submitted with each bid, and shall become a part of the final contract. Failure of the bidder to list any exceptions to these specifications will be cause for rejection of the bid. If any exception, including a different brand proposed where a particular brand is specified on an "or equal" basis, is indicated, a written explanation of what is proposed in lieu of the specified requirements shall be furnished, referenced to the proper page and paragraph of these specifications. A cash deposit, certified check, or bid bond payable to the City in the amount of f ive percent (5%) of the bid shall accompany. the bid. Such guarantee to be forfeited as liquidated damages should the bidder fail to fulfill the obligations of the bid proposal. The delivery time shall be indicated on the proposal form. Along with the above, the bidder shall furnish the following: A. Descriptive literature and complete specifications of the unit along with the accessory equipment. Be A complete description of warranty of the unit. C. A complete description of the repair service availability: The successful bidder shall furnish, if applicable, an operator's handbook, complete parts book, and a copy of the service and repair manual for the equipment at the time of delivery. Bids shall be accompanied by a completed Equal Employment Opportunity Report attached herein. The City reserves the right to reject any and all bids, to waive irregularities and informalities, and award the contract in its best interest. Payment to the successful bidder shall be made within ten (10) calendar days of delivery and acceptance by the City. 2 II. CHASSIS SPECIFICATIONS A. MODEL: 1991 or 1992 (Style and brand to be determined) Be ENGINE: To be determined C. EXHAUST: Single vertical discharge D. TRANSMISSION: To be determined E. FRONT AXLE: 7 lb. min. rated capacity F. REAR AXLE: 17,500 lb, min. rated capacity G. GROSS VEHICLE WEIGHT: 24,500 lbs min. rated capacity III. DIMENSIONAL.SPECIFICATIONS A. Wheelbase of chassis: 234" Be Cab to axle dimension of chassis: 168" C. Overall length of apparatus: 32' -0 D. Overall length of apparatus body, including rear step: 23' - 0 " E. Overall apparatus width: 96 F *Overall height of apparatus (loaded): 108 Including air conditioner Go Tailboard height from ground (loaded): 18 " - 22 H . Rear step height below tailboard: 10" (approx) I. Rear step width: 10" minimum J. Rear step length (centered): 60" K. Interior Command Center height: 6' - 6 " L. Interior Command Center width: 86" M. Interior Command Center depth: 60" (at floor line) *Note: Estimated measurement dependent on chassis components, axles, tires, frame, suspension, and roof mounted equipment. 3 VI. CHASSIS MODIFICATION A. The chassis for this hazardous materials response vehicle will be supplied by the City of Maplewood. 1 B. The chassis must be certified by the apparatus manufacturer as conforming to all applicable Federal Motor Vehicle Safety Standards in effect at date of manufacture. This shall be attested to by attachment of a certification label on the vehicle by the contractor. C. DROP FRAME 11 The frame shall be dropped 18 3/4" (inches). 2. The frame shall be designed to withstand the heavy requirements of the fire service. 3. The section modulus shall be equal to or greater than that specified for the cab and chassis. 4. The RBM shall be equal to or greater than that specified for the cab and chassis. 5. A minimum of five (5) crossmembers shall be attached to the frame side rails and welded with wide gussets. V. BODY CONSTRUCTION A. APPARATUS BODY 1. The apparatus body shall be constructed entirely of aluminum. 2. The apparatus body shall be of welded design. Rivets of any kind are Not Acceptable. 3. The vertical extrusions between the doors shall be 6061 -T6 and shall be 2 1/2" x 3 x 3/8 11 . 4. The roof rail shall be one continuous extrusion of 6061 -T6 and shall be 7 7/8" x 9 " at 3.9 pounds per feet. 5. The roof hat sections shall be 3" x 1 x .125" extrusion of 6061 -T6. 6. The front exterior panel of the body shall be of .080 aluminum with the front interior panel of the body to be .100. 4 7. Compartment partitions to be .080 aluminum sheet. Each compartment will have grab hold provision at each door track. 80 The roof shall be of .040 aluminum. 9. The entire subframe shall be continuously welded with state of the art automatic M.I.G. welding. Rivets of any kind are NOT ACCEPTABLE, NO EXCEPTION. 10. Slanted beavertails shall be provided at the rear of the body. The beavertails shall be constructed of .125 aluminum plate. These beavertails are a part of the body framework and have been designed to give added support to the rear step, The beavertails give the body a streamline appearance, more synonymous with fire apparatus silhouette. 11. The tailboard is formed from .125 Tread Bright and is welded to the beavertails from the underside of the body. 12o The body floor shall be constructed of aluminum and be capable of supporting a minimum load of 2200 lbs /bay. 13. MOUNTING a. Body shall be mounted with continuous pads extending full length of body and secured with shake -proof fasteners. b. The body shall be modular to allow for -easy removal without major rework or welding. 14. RUBRAILS a. Extruded aluminum continuous rib type 4 1/4 X 3 3/4" minimum. b. Extended the full length of the body including the wheelhouse area. 15. STEP BAR a. A step bar shall be provided for access to the wheelhouse bay on each side of the truck. b. The step bar shall be constructed of .500" x 2 " aluminum with a six (6) inch x twelve (12) inch tread plate welded to the top side. 5 c . The step bar shall be removable for rear wheel access. 16. REAR WHEEL OPENINGS Rear wheel openings shall have full radius and be manufactured to be integral with the body. There shall be ample clearance for tire chains. 17. COMPARTMENT DOORS a. Each compartment shall have roll -up overhead doors constructed of inter - locking panels. Door height shall be approximately 72" to provide low silhouette more conforming to fire apparatus appearance. This 72" approximate door height will provide 6' 6" height in command center. b. The bottom panel of each door shall be constructed of 2 1/2" extruded aluminum with 1/2" indented handle. c. All doors shall have lubricant impregnated rollers. d. All doors shall have waterproof vinyl gasket on the top and bottom. e . All door tracks shall have nylon weather seals installed to seal and keep the rollers clean. f. All doors shall have roller type counter- balance for free and easy operation. 90 All doors shall be equipped with hideaway door straps. h. Each side of the vehicle shall be equipped with a single lever heavy duty locking system for the roll -up doors designed in such a manner as to eliminate door vibration and track wear, eliminating need for track inserts. 189 BODY TRIM The body trim package shall consist of 1/8" aluminum Tread Bright mounted on the following locations: CS a. Bottom Rub Rail b. Rear Wheel Well Panels c. Command Module Door Entrance d. Rear Bumper e. Rear Step and Rear Ledge above step f . Roof Rail g. Fuel Tank and Battery box he All four (4) corner posts i. SPECIAL OPTION: In addition to above body trim, please quote as an option the addition of Tread Bright to all compartments /bays on floors and walls. Does not include command center. Be ELECTRICAL 1. GENERAL a. All electrical equipment installed by the apparatus body builder shall conform to the latest Federal Standards as outlined in NFPA #1901. b. Wiring shall be individually labeled. c. .Wiring installed by the body builder shall be run in a loom or conduit where exposed and through rubber grommets where bulkheads are penetrated. d. All circuits shall be protected by circuit breakers of the manual reset type. 2. SWITCHES a. Electrical switches shall be mounted on a switch panel mounted in the cab convenient to the driver. b. Switches shall be of the rocker type with integral indicator light to show when lights are energized. C, Switches shall be appropriately identified. 7 3. 12 VOLT LIGHTING a. NON - EMERGENCY 1) TAIL LIGHTS: There shall be one 7 Red, one 7 Clear and one 7 Amber light installed on each side of the vehicle rear. Light functions include: running lights, brake lights, back -up lights and turn signal lights with arrow. Back up lights to be activated by reverse gear of truck transmission, by opening the command center door and from a switch in the light control panel in the cab. In addition, one 5 red light to be installed on each side of upper rear header as a high visibility break and clearance light. 2) CLEARANCE LIGHTS: Clearance lights and reflectors shall be in accordance with the latest D.O.T. and F.V.M.S.S. Standards. These lights shall be connected to the head light circuit. 3) LICENSE PLATE LIGHT: One chrome license plate bracket with light shall be installed on the rear of the vehicle. This light shall be connected to the head light circuit. 4) COMPARTMENT LIGHTS: One 7" diameter light fixture shall be installed in each body compartment. The switch for these lights shall be a rocker switch located in the cab. 5 ) Six (6) Whelen Scenelights of the ' angle downward style shall be installed, two (2) on each side top rail, and two (2) on rear. Lights to be switched from the light control panel in cab. Three (3) switches: Right Side, Left Side and Rear. b. EMERGENCY LIGHTING AND WARNING DEVICES 1) A Code 3 Force 4 XL Model 6300 AL Light Bar shall be mounted on the cab roof and switched from the light control panel in the cab. 8 2) Two (2) Whelen SA -450 Speaker Strobes with red and clear lenses shall be mounted on the grille. 3) A Federal PA- 300 -MSB 100 Watt Electronic Siren with microphone shall be mounted in cab and wired to Whelen Speaker/Strobes. 4 ) Four (4) Whelen Max Beam Strobes shall be mounted on the rear beavertails, two (2) on the lef t side and two (2) on the right side. Lens color: Red top lights, Amber lower lights, diagonal flash Red /Amber. VI. COMPARTMENTATION A. *NOTE: Shelves shall be provided in compartments as noted under compartment contents. B . The shelves shall be fabricated of reinforced .190 aluminum for durability and ease of mounting equipment. Co All shelves shall be heavy duty, fully adjustable, from the top to the bottom of the compartment. 110 RIGHT SIDE COMPARTMENTS a. FORWARD COMPARTMENT 1) Dimensions: 40" Wide clear door opening x 72" High x 42" Deep. 2) Contents: 1 adjustable shelf b. COMPARTMENT NUMBER 2 1) Dimensions: 40" Wide clear door opening x 72" High x 42" Deep, 2) Contents: 1 adjustable shelf c. FORWARD OF WHEELHOUSE COMPARTMENT 1) Dimensions: 40" Wide clear door opening x 72" High x 42" Deep. 2 ) Contents: 1 shelf d. WHEELHOUSE COMPARTMENT 1} Dimensions: 40" Wide clear door opening x 47" High x 42" Deep. 3. COMMAND CENTER a. INSIDE DIMENSIONS: 1) Approximately 86 Wide 2) 6 High 3 ) Depth 60" at floor line. b. DOOR: 1) Dimensions: 30" wide x 75" high. 10 2) Contents: 1 horizontal fixed divider or shelf, centered in "through" bay. 2. LEFT SIDE COMPARTMENTS a. FORWARD COMPARTMENT 1) Dimensions: 40" Wide clear door opening x 72" High x 42" Deep. 2 ) 1 adjustable shelf . . Lower section of compartment is future location of electrical generator. b. COMPARTMENT NUMBER 2 1) Dimensions: 40" Wide clear door opening x 72" High x 42" Deep. 2) Contents: 1 adjustable shelf c. FORWARD OF WHEELHOUSE COMPARTMENT 1) Dimensions: 40" Wide clear door opening x 72" High x 42" Deep. 2) Contents: 1 adjustable shelf d. WHEELHOUSE COMPARTMENT 1) Dimensions: 40" Wide clear door opening x 47" High x 42" Deep. 2) Contents: 1 horizontal fixed divider or shelf -centered in "through" bay. 3. COMMAND CENTER a. INSIDE DIMENSIONS: 1) Approximately 86 Wide 2) 6 High 3 ) Depth 60" at floor line. b. DOOR: 1) Dimensions: 30" wide x 75" high. 10 2) CONSTRUCTION: a) Double Box Pan Aluminum Door Fully Insulated. b) Continuous Stainless Steel Hinge c) Door Lock: Double latch Mo. D -206 Eberhardt d) Fixed window 24" wide X 18" high installed in "kickout" style rubber mount. e) Door f rame to be 4 " x 2 " Aluminum Channel. f) A grab bar 36" in length shall be provided adjacent to the command center door on both sides. C . INSULATION: The entire modular floor, ceiling and walls insulated against heat and noise with urethane foam. d. INTERIOR COVERING: 1) Floor: To be installed by City of Maplewood. 2) Walls: To be installed by City of Maplewood. 3 ) Ceiling: To be installed by City of Maplewood. e. SLIDING Window with stationary screen 34" x 14" x 15 degrees one each side, tinted glass, to be installed in "kickout" style rubber mount. f. AIR CONDITIONER /HEATER - ROOF MOUNTED. 1) An 11,000 BTU air conditioner /heater will be provided and installed by the City of Maplewood. 2) Contractor to provide necessary interior framing around standard 14 x 14 roof opening sufficient to support a roof mounted air conditioner. Exact ceiling location for 14" x 14" opening to be determined at time of manufacture. Fire Department to provide details. 11 3) Contractor to provide auxiliary floor /under floor heating system. Heat source can be either engine coolant piped to command center or auxiliary heating unit. g. ELECTRICAL 1) 12 VOLT Ceiling lights in this command center will be provided and installed, by the City of Maplewood. 2) 110 VOLT - SHORE POWER /DIESEL GENERATOR a) There shall be one (1) shore power inlet installed in the wheelhouse skirt on the curb side of the vehicle. The shore power inlet shall be wired to the generator compartment (forward compartment on curb side of vehicle). b) Diesel generator, circuit breakers, and other electrical switchgear to be provided and installed by the City of Maplewood. VII. ALUMINUM BODY PAINT FINISH A. Aluminum body exterior shall have no mounted components prior to painting to assure full coverage of metal treatments and paint to the exterior surfaces of the body. B. The body shall be thoroughly sanded, cleaned and phosphatized in preparation for painting. C. Compartment doors shall be painted separately to assure proper paint coverage on body, door jambs, and door edges. D. The entire apparatus shall then be painted with polyurethane or equivalent paint for high gloss and hard finish. E* Color to be all white. Specific brands and color code numbers will be determined at time of manufacture. 12 The proposal shall include the executed Affidavit of Noncollusion and Equal Employment Opportunity Report. The description of job categories contained in the Equal Employment Opportunity Report is given in the following: 1. Officials and Administrators Occupations in which employees set broad policies, exercise overall responsibility for execution of these policies, or direct individual departments or special phase of the agency's operations, or provide specialized consultation on a regional, district, or area basis. Includes: Department heads, bureau chiefs, division chiefs, directors, deputy directors, controllers, examiners, wardens, superintendents, ' unit supervisors, sheriffs, police and fire chiefs and inspectors, and kindred workers. 2. Professionals Occupations which require specialized and theoretical knowledge which is usually acquired through college training or through work experience and other training which provides comparable knowledge. Includes: Personnel and labor - relation workers, social workers, doctors, psychologists, registered nurses, economists, dieticians, lawyers, system analysts, accountants, engineers, employment and vocational rehabilitation counselors, teachers or instructors, police and fire captains and lieutenants, and kindred workers. 3. Technicians Occupations which require a combination of basic scientific or technical knowledge and manual skill which can be obtained through specialized post- secondary school education or through equivalent on- the -job training. Includes: Computer programmers and operators, draftsmen, surveyors, licensed practical nurses, photographers, radio operators, technical illustrators, technicians (medical, dental, electronic, physical sciences), assessors, inspectors, police and fire sergeants, and kindred workers. 4. Protective Service Workers Occupations in which workers are entrusted with public safety, security, and protection from destructive forces. Includes: Police patrol officers, firefighers, guards, deputy sheriffs, bailiffs, correctional officers, marshals, detectives, harbor patrol officers, and kindred workers. 5. Paraprofessionals Occupations in which workers perform some of the duties of a professional or technician in a supportive role, which usually 13 requires less formal training and /or experience normally required for professional or technical status. Such positions may fall within an identified pattern of staff development and promotion under a new careers concept. Includes: Library assistants, research assistants, medical aides, child support workers, police auxiliary, welfare service aides, recreation assistants, homemakers' aides, home health aides, and kindred workers. 6. Office and Clerical Occupations in which workers are responsible for internal and external communication, recording and retrieval of data and /or information and other paperwork required in an office. Includes:. Bookkeepers, messengers, office machine operators, clerk - typists, stenographers, court transcribers, hearing reporters, statistical clerks, dispatchers, license distributors, payroll clerks, and kindred workers. 7. Skilled Craft Workers Occupations in which workers perform jobs which require special manual skill and a thorough and comprehensive knowledge of the processes involved in the work which is acquired through on- the -job training and experience or through apprenticeship or other formal training programs. Includes: Mechanics and repairmen, electricians, heavy- equipment operators, stationary engineers, skilled machining occupations, carpenters, compositors and typesetters, and kindred workers. 81 Service /Maintenance Occupations in which workers perform duties which result in or contribute to the comfort, convenience, hygiene, or safety of the general public or which contribute to the upkeep and care of buildings, facilities or grounds of public property. Workers in this group may operate machinery. Includes: Chauffeurs, laundry and dry - cleaning operatives, truck drivers, bus drivers, garage laborers, custodial personnel, gardeners and groundkeepers, refuse collectors, construction laborers, and kindred workers. 14 AFFIDAVIT OF NONCOLLUSION I hereby swear (or affirm) under the penalty for perjury: 1. That I am a bidder (if the bidder is an individual) , a partner in the bidding partnership (if the bidder is a partnership) or an officer or employee of the bidding corporation having authority to sign on its behalf (if the bidder is a corporation), 2. That the attached bid or bids have been arrived at by the bidder independently, and have been submitted without collusion with, and without any other vendor of materials, supplies, equipment or services described in the invitation to bid, designed to limit independent bidding or competition. 3. That the contents of the bid or bids have not been communicated by the bidder or its employees or agents to any person not an employee or agent of the bidder or its surety on any bond furnished with the bid or bids, and will not be communicated to any such person prior to the official opening of the bid or bids; and 4. That I have fully informed myself regarding the accuracy of the statements made in this affidavit. Signed Firm name Bidder's E.I. Number (number used on Employer's Quarterly Treasury Department Form 941) Subscribed and sworn to before me: This day of Notarial Stamp or Seal Federal Tax Return, U.S. 19 . Notary Public 15 EQUAL EMPLOYMENT OPPORTUNITY REPORT ......................................... . ........ ................ ...................................... ....... ....... ...................................................................................... ............................................. ...................................... . ................. A ; GOR :.:: :.:....::::....:`.. . ........ ..... ... ..................................... ....... .................... ................... ' TOTJ �:: .. .... . ................................ ....:... ::::: .............................. :: . '..'1 N .. ....... : f ............ ................... NUMBER.. .......... P:: ;: :: .......... M .. I�'�i±. . M .::: : ..... IHZIQT: .. Officials and Managers Professionals Technicians Sales Workers Office and Clerical Craftsmen (skilled) Operatives (semi- skilled) Laborers (unskilled) Service Workers TOTAL Note: Descries i.on of job ca eaories are contained in S an ar Supplemental Specifications. The City of Maplewood required bidders for formal bids to provide information concerning their efforts in the employment of minorities and women. Please answer the following questions: 1. Has your firm filed a current Equal Employment Opportunity Information Report EEO -1? Yes No 2. Has your firm established an affirmative action program? Yes No S If no, please explain: Company Name Business Address Person Completing Chart Title Telephone 16 PROPOSAL FOR ONE (1) HAZARDOUS MATERIALS RESPONSE VEHICLE FOR THE CITY OF MAPLEWOOD, MINNESOTA Date Honorable Mayor and City Council City of Maplewood 1830 East County Road B Maplewood, Minnesota 55109 -2797 Dear Mayor and City Council: In accordance with the advertisement of the City, we propose to furnish and deliver to the City of Maplewood, Emergency Management Office, 1902 East County Road B, Maplewood, Minnesota, 55109 -2811, the following indicated equipment complete and ready for operation and in accordance with the specifications on file in the Maplewood :Emergency Management Department at the price shown: NOTE: PRICES MUST BE GIVEN IN BOTH WORDS AND NUMBERS New, all aluminum box /body containing 8 bays /compartments with roll -up overhead type doors and an interior rear command center for use as a, hazardous materials response vehicle. /100 dollars It is further proposed to deliver the unit as specified within days of receipt of chassis. Enclosed herewith find cash deposit, certified check or bidder's bond in the amount of $ being at least five percent (5 %) of the amount of our proposal, made payable to the City of Maplewood as a proposal guarantee. Such guarantee to be forfeited as liquidated damages should bidder fail to fulfill obligations of bid proposal. Remarks (list any exceptions to the specifications): 17 Name of Firm By Its Title Address City, State and Zip Code Date: Witnessed: Telephone ( ) 18 Aotion br Coupoil: AGENDA REPORT Modified ...,w ... Raj sated Date- To. City Manager Michael McGuire • Chief of Police Kenneth V. Collins From. Subject: Request to Add Approved and Budgeted Full -Time Police Officer and Part -Time Police Officer Date: September 16, 1991 Introduction The 1991 Maplewood Police Department budget was approved, with the addition of one full-time police officer and the filling of the vacant part -time police officer position. Background The Maplewood Police Department had an authorized strength of 40 sworn officers. This included 39 full -time and 1 part -time police officer positions. The 1991 budget was approved, with one additional police officer position being added. The part -time position had.not been filled because the money from that position was used to temporarily employ a community service officer. It had been planned to fill these two positions as of January 1, 1991; however, due to budget cut - backs, these additions were held back until the latter part of this year. It is requested that we now be allowed to proceed with the filling of these two positions. We have been able to keep from filling these positions by working current police officers extra hours and reassigning personnel from other areas to cover our shortages. The constant changes and extended shifts take a toll and create a great deal of stress for the officers involved. These positions will not totally alleviate that problem but will assist us in working toward that goal. Recommendation It is recommended that this matter be reviewed by the City Council and authorization for hiring be granted. KVC:js