HomeMy WebLinkAbout04-14-2008A.
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FBI
E.
MINUTES
MAPLEWOOD CITY COUNCIL
7:00 p.m., Monday, April 14, 2008
Council Chambers, City Hall
Meeting No. 10-08
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:1Op. m. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor Present
Erik Hjelle, Councilmember Present
Kathleen Juenemann, Councilmember Present
John Nephew, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF AGENDA
L5. Discussion of council behavior and comments to the public and the media —
Councilmember Nephew
M3. Arbor Day — Councilmember Juenemann
M4. LMCIT Safety & Loss Workshop — Councilmember Nephew
M5. Blowing Smoke — Councilmember Nephew
M6. 3M — Mayor Longrie
M7. Recycling of Printer Cartridges — Mayor Longrie
M8. Gem Lake — Mayor Longrie
M9. Beaver Lake — Mayor Longrie
M10. Met Council Workshop — Mayor Longrie
Councilmember Hjelle moved to approve the agenda as amended.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
APPROVAL OF MINUTES
Councilmember Rossbach moved to approve the March 24, 2008, Closed Session Meeting
Minutes as submitted.
Seconded by Councilmember Hjelle.
The motion passed.
April 14, 2008
City Council Meeting Minutes
Ayes — Al I
Councilmember Rossbach moved to approve the March 24, 2008, Workshop Meeting Minutes
as submitted.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
Councilmember Juenemann had a correction to the minutes on page 9, item 7, and page 11, item
8, changing the seconded by motion from Councilmember H►� to Councilmember Juenemann.
Councilmember Hjelle moved to approve the March 24, 2008, City Council Meeting Minutes as
amended.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
Councilmember Hjelle moved to approve the March 31, 2008, Continuation of March 24, 2008,
City Council Meeting Minutes as submitted.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
F. APPOINTMENTS/PRESENTATIONS
Swearing in Ceremony for EMS Director Bernard Jungmann
a. Maplewood Fire Chief, Steve Lukin gave the presentation.
b. Mayor Longrie administered the Oath to EMS Director, Bernard Jungmann. The
Mayor and Council congratulated and welcomed Bernard Jungmann to the City of
Maplewood.
2. Presentation and Discussion on County Dispatch with David Twa, Ramsey County
Manager and Scott Williams, Dispatch Manager
a. Ramsey County Manager, David Twa gave the presentation and addressed the
council.
b. Ramsey County Director of Emergency Communications, Scott Williams
addressed and answered questions of the council.
G. PUBLIC HEARINGS
Upper Afton Road Improvements, City Project 07-27
a. Public Hearing 7:00 p.m.
b. Resolution Ordering Improvement After Public Hearing (4 votes)
C. Civil Engineer, Steve Kummer gave the presentation and answered questions of
the council.
d. Project Manager, SEH, 3535 Vadnais Center Drive, Vadnais Heights, addressed
and answered questions of the council.
e. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the
council.
Mayor Longrie opened the public hearing.
April 14, 2008 2
City Council Meeting Minutes
Rita Brenner, 2673 Upper Afton Road, Maplewood. Ms. Brenner spoke regarding her
approval of the project.
Mayor Longrie closed the public hearing.
Councilmember Rossbach moved to approve the Resolution for the Upper Afton Road
Improvements, City Project 07-27.
RESOLUTION 08-04-049
ORDERING IMPROVEMENT AFTER PUBLIC HEARING
WHEREAS, a resolution of the city council adopted the 24th day of March, 2008, fixed a
date for a council hearing on the proposed street improvements for the Upper Afton Road
Improvements, City Project 07-27, and
WHEREAS, ten days mailed notice and two weeks published notice of the hearing was
given, and the hearing was duly held on April 14th, 2008, 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:
1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that
the City of Maplewood make improvements to the Upper Afton Road Improvements, City Project
07-27.
2. Such improvement is hereby ordered as proposed in the council resolution adopted the 14th
day of April 2008.
3. The City's consultant, SEH, is the designated engineer for this improvement project and is
hereby directed to prepare final plans and specifications for the making of said improvement.
4. The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project. A project budget of $1,091,300.00 shall be
established. The proposed financing plan is as follows:
Financing Plan
Upper Afton Road Improvements, City Project 07-27
Bonds - MSA
650,290.00 $
60%
Special Assessments
41,010.00$
4%
Sanitary Sewer Fund
200,000.00 $
18%
Environmental Utility
200,000.00 $
18%
Total
1,091,300.00 $
100%
Seconded by Councilmember Hjelle. Ayes — Councilmembers Hjelle,
Juenemann, Nephew
& Rossbach
The motion passed.
Nay — Mayor Longrie
April 14, 2008 3
City Council Meeting Minutes
Mayor Longrie said she would have preferred to have more information regarding how much
money for this project would be coming from the actual collected funds available in the
Environmental Utility Tax Fund and the Sewer Fund. If the city ends up having to get bonding for
this money that would mean the city would be bonding against money that the city hasn't
collected yet.
H. VISITOR PRESENTATIONS
Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. Ms.
Sletten spoke regarding the April 7, 2008, Council Meeting regarding the League of
Minnesota Cities and litigation that the city is involved in.
2. David Schelling, 1955 Greenbrier Street, Maplewood, addressed the council. Mr.
Schelling spoke regarding the recent articles that have been printed in the St. Paul
Pioneer Press regarding the City of Maplewood and gave his opinion that the City of
Maplewood should be audited.
3. Veronica Sletten, 2747 Clarence Street North, Maplewood, addressed the council. Ms.
Sletten said she is very concerned about city meetings not being televised. Ms. Sletten
questioned the status of a previous incident that occurred in her neighborhood. She also
mentioned a potential safety concern of hers regarding pit bulls living in her neighborhood.
Ms. Sletten said she felt the Maplewood Code Enforcement Officer was not doing as good
of a job as the council felt he was and referred to a television that was left in the street for
a lengthy time before a neighbor finally removed it after no action was taken by the code
enforcement officer.
4. Nancy Lazaryan, addressed the council. Ms. Lazaryan spoke regarding visitor
presentations and the work that Councilmember Rossbach put into the visitor
presentations report that was discussed during the council workshop that proceeded the
council meeting. She also spoke regarding an ongoing problem she has had with the City
of Maplewood.
5. Bill Schriener, 1098 Beaver Creek Parkway, Maplewood. Mr. Schriener spoke regarding
the environmental concerns that the council discussed at the last council meeting. He was
very happy to hear the comments made by the council until the council approved an
apartment building that would be built 15 feet from a wetland. He also spoke regarding
how dangerous the street intersection on Lakewood Drive is and he wanted to go on
record that someone will either be seriously injured or killed at this intersection and that it
should be corrected before something tragic happens.
6. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick spoke regarding the council
policy and procedure item L5. that was added to the agenda by Councilmember Nephew.
Mr. Zick said this discussion item should be put on the agenda one week ahead of time.
He also spoke regarding the articles that have been printed in the St. Paul Pioneer Press
Newspaper and voiced his concerns.
CONSENT AGENDA
Councilmember Hjelle moved to approve items 1, 5, 7, 8, and 9.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
2. Councilmember Nephew moved to approve item 2.
April 14, 2008 4
City Council Meeting Minutes
Seconded by Councilmember Juenemann.
Ayes — All
The motion passed.
Disbursements via debits to checking account
3. Councilmember Hjelle moved to approve item 3.
Dated 03/13/08 thru 03/20/08
Seconded by Councilmember Juenemann.
Ayes — All
The motion passed.
dated 03/25/08 thru 04/01/08
4. Councilmember Hjelle moved to approve item 4.
Disbursements via debits to checking account
Seconded by Councilmember Nephew.
Ayes — All
The motion passed.
Checks #75187 thru #75247
5. Councilmember Juenemann moved to approve item 6.
Seconded by Councilmember Hjelle.
Ayes — All
The motion passed.
1,531,624.18
1. Approval of Claims
Councilmember Hjelle moved approval of claims.
ACCOUNTS PAYABLE:
PAYROLL
-------------
Checks # thru #
147,891.16
Disbursements via debits to checking account
Dated 03/13/08 thru 03/20/08
717,956.64
Checks # 75100 thru # 75186
dated 03/25/08 thru 04/01/08
291,319.94
Disbursements via debits to checking account
dated 03/20/08 thru 03/28/08
212,695.12
Checks #75187 thru #75247
161,761.32
Disbursements via debits to checking account
Dated 03/28/08 thru 04/03/08
1,531,624.18
Total Accounts Payable
459,126.87 Payroll Checks and Direct Deposits dated 03/21/08
2,974.84 Payroll Deduction check #1004903 thru #1004905
dated 03/21/08
451,138.55 Payroll Checks and Direct Deposits dated 04/04/08
2,961.83 Payroll Deduction check #1004980 thru #1004982
April 14, 2008
City Council Meeting Minutes
5
Dated 04/04/08
$ 916,202.09 Total Payroll
$ 2,447,826.27 GRAND TOTAL
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
2. East Twins Babe Ruth Wakefield Park Use Agreement
Councilmember Nephew moved to approve the East Twins Babe Ruth Wakefield Park Use
Agreement for 2008.
WAKEFIELD PARK USE AGREEMENT
THIS AGREEMENT, made and entered into this 14th day of April, 2008, by and between
the CITY OF MAPLEWOOD, a municipal corporation of the state of Minnesota, herein after
referred to as "the City" and the East Twins Babe Ruth, a Minnesota corporation, hereinafter
referred to as "ETBR";
WHEREAS, the City is the owner of certain property described below and commonly
known as Wakefield Park; and
WHEREAS, ETBR desires to use said property and continue to operate it as a Babe Ruth
league ball park for recreational purposes;
NOW THEREFORE, ETBR AND THE CITY AGREE AS FOLLOWS:
1. DESCRIPTION OF PREMISES. The City grants to ETBR the right to use, enjoy and control
the following described premises in Ramsey County, Minnesota:
WAKEFIELD PARK, subject to the streets and except the west 200 feet, the south feet of
the SE 1/4 Westerly of the centerline of Prosperity Avenue, in Sec. 15, T. 29, R. 22.
2. TERM. This agreement is for a term often (10) years beginning on the date of execution. This
Agreement may be renewed for an additional ten (10) years from expiration thereof and in
subsequent ten (10) year increments thereafter upon the request of ETBR and approval by
the City.
3. CONSIDERATION. ETBR may use the property herein described upon the payment of one
dollar ($1.00) and the fulfillment of the terms stated hereinafter in paragraph 6.
4. PLANNING AND CONSTRUCTION. Before making any changes or improvements, ETBR
shall submit a master plan of the premises, including a complete layout for use of areas,
possible play equipment, anticipated utilities, grading and identification of plantings to the
Maplewood City Council for approval. All improvements and construction shall be done in
compliance with applicable City code, ordinances and law. As part of the approved plan,
ETBR may attach fixtures or signs and erect fixtures or structures subject to the approval of
the City in or upon the premises in accordance with City code, ordinances and law.
5. MAINTENANCE OF PREMISES. ETBR shall be responsible for the maintenance of the
property furnished under this Agreement. ETBR shall maintain the property in good repair and
tenantable condition during the period of this Agreement in accordance with good park
maintenance practices. The Maplewood City Council shall approve any environmental
intrusions which may affect the aesthetics of the park. ETBR shall see to it that all utilities and
April 14, 2008 6
City Council Meeting Minutes
wires are placed underground wherever possible if permitted by City code, ordinances and
law. ETBR assumes full responsibility for the acts and conduct of all event participants and all
persons admitted to the property by consent of ETBR or persons acting on behalf of ETBR.
ETBR shall be liable to the City for any damages to property or other City property caused by
such participants and persons. The City shall be likewise liable to ETBR for any and all
damage to the property or facilities caused by participants admitted to the property by consent
of the City or persons acting on behalf to the City.
6. ADDITIONAL TERMS AND CONDITIONS
a. ETBR hereby agrees that it will indemnify and the save the City harmless from any and all claims
for damage which the City may be under law required to pay for injury or damage caused by the
negligence of ETBR, any of its agents or employees by virtue of its operation and control of the
premises.
SEE ATTACHED INDEMNIFICATION/INSURANCE APPENDIX A
b. ETBR agrees that any printed advertising for any event will advertise that no alcohol of any kind
may be brought into the park.
c. ETBR agrees to work with the City for Monday through Friday daytime and off- season usage of
the property for the City of Maplewood Recreation Department activities where feasible. The City,
through its Citizen Services Director, shall obtain written permission from ETBR before
scheduling any activity on the property. If permission is not granted and the issue cannot be
resolved, this matter shall be resolved through dispute resolution. The City hereby agrees that it
will indemnify and save ETBR harmless from claims for damage or injury caused by the
negligence of the City during the City's usage or City's activities on the property. The
indemnification and hold harmless is limited to statutory amounts.
d. The City may terminate this Agreement with one year's written notice only upon proof ETBR has
violated the terms of this Agreement and subject to the Arbitration Clause set forth below.
e. ETBR agrees to meet as needed with the City Citizen Services Director to discuss the operation
of the property and to address any concerns of either party to this Agreement.
f. ETBR shall fully comply with all laws, ordinances, rules and regulations of the City, and all
federal, state and local government agencies having jurisdiction over the facility.
7. ARBITRATION AGREEMENTI DISPUTE RESOLUTION. The City and ETBR agree that in the
event a dispute shall arise regarding the operation, continuance, renewal or termination of this
Agreement and the parties are unable to amicably resolve their differences, said dispute shall
be litigated before a neutral and independent arbitrator according to the following procedure:
a. Any party must notify the other party, in writing, of the existence of a disagreement, dispute or
claim, stating the nature of such disagreement , dispute or claim with specificity; and
b. On the date of receipt of such notice, the City and ETBR shall advise each other of the identity of
the representative who will be available to meet as soon as reasonably possible (not later than
five business days from the date of receipt of the written complaint) for the sole purpose of
selecting a mutually acceptable third person to participate in the resolution of the disagreement,
dispute or claim. The party initiating the notice to this section. shall make arrangements for
location of such meeting; and
c. As soon as reasonably possible following the identification of such third party (not later than ten
business days from receipt of the written complaint), a meeting involving the representatives of
both the City and ETBR and the third party, shall be held at the time and place designated by
April 14, 2008 7
City Council Meeting Minutes
such parties. At such meeting, the identified disagreement, dispute or claim, shall be heard and
considered by the third party.
d. In the event that (1) The parties are not able to agree upon selection of a third party to participate
in the resolution process or (2) Either party refuses to accept the decisions referenced as above -
captioned, the sole remedy hereunder shall be terminated of this agreement pursuant to the
termination provision and amortization schedule if applicable.
e. The costs and fees for the third person shall be borne equally between ETBR and the City.
8. AMORTIZATION. If this Agreement is either terminated or not renewed after 10 years, for any
reason, the parties agree that ETBR shall be reimbursed by the City for any and all
improvements made to the property. Said reimbursements shall be calculated by subtracting
5% per year based upon the invoice value of said improvements. Invoice improvements
mean the amount actually paid by ETBR for said improvements. The 5% reimbursement shall
be applied to the calendar year in which the invoice was paid and prorated to the day the
invoiced amount was actually paid.
9. APPLICABLE LAW. This Agreement shall be construed according to the laws of the State of
Minnesota.
10. ENTIRE AGREEMENT. This Agreement constitutes the entire Agreement between ETBR and
the City. No provisions of this Agreement may be changed, waived or terminated unless done
in writing executed by both ETBR and the City.
CITY OF MAPLEWOOD
is
Diana Longrie
Its: Mayor
is
Chuck Ahl
Its: Acting City Manager
INDEMNIFICATION
EAST TWINS BABE RUTH, INC.
in
Michael Snaza
Its: President
INDEMNIFICATION / INSURANCE
Appendix A
To the fullest extent permitted by law, ETBR shall indemnify the City, its members, employees,
agents and others acting on the City's behalf, hold them harmless and defend and protect them
from and against any and all loss, damage liability, claim, cost or expense (specifically including
attorneys' fees and other costs and expenses of investigation and defense) of any sort, resulting
from injury or death to any person or from loss of or damage to any property, caused by the
negligence of ETBR, which occurs in or on the property, on the City's property surrounding the
subject property (including the parking lot or on public pathways abutting the property) during the
term of this agreement or otherwise in connection with or arising out of the use, or from injury,
death or damage in any way connected with the sale of any product, program, or items sold by
ETBR or its designee during the use period or otherwise in connection with the use resulting from
the negligence of ETBR.
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City Council Meeting Minutes
ETBR assumes all liability with respect to any complaints, violations or claims of Americans with
Disabilities Act and/or Minnesota Statute s. 363.02, et al, as these allegations pertain to ETBR
conduct and ETBR agrees to save harmless and/or indemnify City from any such claims,
including but not limited to, costs, expenses and reasonable attorneys fees arising out of ETBR's
violation of any of the Americans with Disabilities Act and/or Minnesota Statute s. 363.02 or any
other law, statute or ordinance. It is the intent of ETBR to indemnify the City for any complaints or
violations of the Americans with Disabilities Act or Minnesota Statute s. 363.02, et al which may
arise in connection with the activities of ETBR, its officers, agents or invitees with respect to use.
GOVERNMENTAL LIMITED LIABILITY
Notwithstanding anything to the contrary in this Agreement, the City does not waive any statutory
limited immunity from municipal tort liability available to it under Minn. Stat. Ch. 466. Such
statutory limited immunity shall apply whether an action, claim, demand or lawsuit is initiated by
ETBR or by any third party.
INSURANCE
Where applicable ETBR agrees to provide and maintain at all times during the use period such
insurance coverage's as set forth in this section and to otherwise comply with the provisions that
follow:
Workers' Compensation: Workers' compensation insurance in compliance with all applicable
statutes. Such policy shall include employers' liability coverage in at least such amounts as are
customarily provided in workers' compensation policies issued in Minnesota.
General Liability: "Commercial general liability insurance" coverage (insurance services office
form title) , providing coverage on an "occurrence" rather than a "claims made" basis, which
policy shall include, but not be limited to, coverage for bodily injury property damage, personal
injury, contractual liability (applying to this Agreement), independent contractors, and products -
completed operations liability . Such coverage may be provided under an equivalent policy form
(or forms) so long as such equivalent form (or forms) affords coverage which is at least as broad.
An insurance services office "comprehensive general liability" policy which includes a broad form
endorsement GL0404 (Insurance Service Office designation) shall be considered to be an
acceptable equivalent policy form. Such policy shall include the City as Additional Insured
thereunder.
ETBR agrees to maintain at all times during the period of this Agreement a combined general
liability policy of at least $1,000.000.00 each occurrence, applying to liability for bodily in jury,
personal injury, and property damage, which combined limit may be satisfied by the limit afforded
under its commercial general liability policy, of equivalent policy, or by such policy in combination
with the limits afforded by an umbrella or excess liability policy or policies; provided, that the
coverage afforded under any such umbrella or excess liability policy is in all material respects at
least as broad as that afforded under any such umbrella or excess liability policy is in all respects
at least as broad as that afforded by the underlying commercial general liability policy (or
equivalent underlying policy), and further, that the City is included as Additional Insured
thereunder.
Such commercial general liability policy and umbrella or excess liability policy (or policies) may
provide aggregate limits for some or all of the coverages afforded thereunder so long as such
aggregate limits have not, as of the beginning of the use period or at any time during the use
period, been reduced to less than the required each occurrence limit stated above, and further,
that the umbrella or excess liability policy provides coverage from the point that such aggregate
limits in the underlying commercial general liability policy become reduced or exhausted. An
umbrella or excess liability policy which "drops down" to respond immediately over reduced
underlying limits, or in place of exhausted underlying limits, but subject to a deductible or
April 14, 2008 9
City Council Meeting Minutes
"retention" amount, shall be acceptable in this regard so long as such deductible or retention
amount does not cause ETBR's total deductible or retention for each occurrence to exceed
$10.000.00.
Additional Insurance: The City shall have the right to require that ETBR secure any additional
insurance, or additional feature to existing insurance, as the City may reasonably require for the
protection of its interests or those of the public. ETBR shall proceed with due diligence to make
every good faith effort to promptly comply with any such additional requirement(s).
Evidence of Insurance: On or before the day of , 20_, ETBR shall provide
the City with evidence that the insurance coverage required hereunder will be in full force and
effect during use period. In the event that any such insurance renews or is terminated during the
use period, ETBR shall promptly provide the City with evidence that such coverage will be
renewed or replaced upon termination with insurance that complies with these provisions. Such
evidence of insurance shall be in the form of a standard certificate of insurance, or in such other
form at the City may reasonably request, and shall contain sufficient information to allow the City
to determine whether there is compliance with these provisions. At the request of the City, ETBR
shall , in addition to providing such evidence of insurance, promptly furnish the City with a
complete (and if so requested, insurer -certified) copy of each insurance policy intended to provide
coverage required hereunder. All such policies shall be endorsed to require that the insurer
provide at least 30 days notice to the City prior to the effective date of the policy cancellation,
non -renewal or material adverse change in coverage terms.
Insurers; Policies: All policies of insurance required hereunder shall be issued by financially
responsible insurer, and all such insurers must be acceptable to the City. Such acceptance by
the City shall not be unreasonably withheld or delayed. An insurer with a current A.M. Best
Company rating of at least A:VII shall be conclusively deemed to be acceptable. In all other
instances, the City shall have 15 business days from the day of receipt of ETBR's evidence of
insurance to advise ETBR in writing of any insurer that is not acceptable to the City. If the City
does not respond in writing within the 15 day period, ETBR's insurer(s) shall be deemed to be
acceptable to the City.
Noncompliance: In the event of the failure of ETBR to maintain such insurance and/or to furnish
satisfactory evidence thereof as required herein, the City shall have the right to purchase such
insurance on behalf of ETBR, which agrees to provide all necessary and appropriate information
therefore and to pay the cost thereof to the City immediately upon presentation of the invoice.
Loss Information: At the request of the City, ETBR shall promptly furnish loss information
concerning all liability claims brought against ETBR (or any other insured under ETBR's policies)
that may affect the amount of liability insurance available for the benefit and protection of the City
under this section. Such loss information shall include such specifics and be in such form as the
City may reasonably require.
Release and Waiver: ETBR agrees to rely entirely upon its own property insurance for recovery
with respect to any damage, loss or injury to their property interests. Unless such damage, loss or
injury is due to the negligent acts of the City, its agents, employees or during a City sponsored
event.
Insurance Terms: Insurance terms not otherwise defined in this Agreement shall be interpreted
consistent with insurance industry usage.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
3. Agreement for Softball Official Coordinator
April 14, 2008 10
City Council Meeting Minutes
Councilmember Hjelle moved to approve the Agreement for the Softball Official Coordinator for
2008.
Independent Contractor
Agreement for Softball Official Coordinator
The City of Maplewood (hereinafter referred to as "City") and the Softball Official Coordinator,
independent contractor, (hereinafter referred to as "Coordinator') have entered into this contract
whereby Contractor will provide services to the City as Softball Official Coordinator.
The Softball Official Coordinator, independent contractor, shall perform the following services:
The Coordinator will be responsible for recruiting, assigning and supervising softball
officials;
2. The Coordinator will be responsible for the general organization and administration of
official scheduling and record keeping;
3. The Coordinator will maintain accurate records and data concerning each official;
4. The City will provide the Coordinator with League rules, schedules, and other
documentation needed to properly perform Coordinator's responsibilities;
5. The Coordinator will attend coaches and officials meetings as Coordinator's schedule
permits;
6. The Coordinator will also attend protest hearings as a member of the Protest Committee;
7. The Coordinator will provide input as to the overall improvement of the Softball Program;
8. The Coordinator is responsible for assisting the City with supervision of officials on game
days;
9. The Coordinator shall ensure that all officials are MRPA-USSSA certified;
The Softball Official Coordinator, independent contractor, will be compensated as follows:
The payment for services shall be forwarded, approximately every two weeks, upon
receipt of an invoice from the independent contractor;
a) Pay shall be $24.50 per fulfilled game assignment (including forfeits); this payment
includes the coordinator's fee and the umpire's fee;
b) Games canceled by the umpire at the field will be paid at the rate of $6.125 per
scheduled game, but the umpire shall receive a minimum of $24.50 for going to the field;
c) When umpires are notified of canceled games due to inclement weather either before
going to the field or before 5:00 PM the charge will be $2.00 per game canceled;
d) Games canceled, before 5:00 PM, for reasons other than inclement weather, which will
be made up at a later date, will result in a charge of $2.00 with the following exceptions:
1) Games canceled that have a scheduled game before and after the canceled
game will be charged $24.50;
April 14, 2008 11
City Council Meeting Minutes
2) Games canceled that result in the umpire being scheduled for one game; the
charge will be $36.75 for that game.
The City and Coordinator agree as follows:
1. That the Coordinator is an independent contractor and not an employee of the City;
2. That the Coordinator is responsible for payment of federal, FICA and state income taxes and
that the City will not be withholding such taxes;
3. That the Coordinator is not covered under Minnesota Unemployment Compensation Rules and
agrees that the Coordinator has no claim for benefits under such when this contract is terminated;
4. That the Coordinator will provide the City with a completed W-9 prior to commencing services;
5. That the City will provide Form 1099 to Coordinator reflecting total remittances paid to the
Coordinator for any applicable calendar year. The 1099 will be remitted to the coordinator by
January 31 of the year following the year in which remittances are made;
6. The Coordinator will provide its own equipment to perform the duties;
7. The Coordinator will govern its own hours in order to adequately complete this contract;
8. The Coordinator shall state to the City whether or not it shall obtain his own worker's
compensation insurance and all other insurance necessary for completion of the contract;
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
4. Conditional Use Permit Review — Ramsey County Correctional Facility (297 Century
Avenue South)
Councilmember Hjelle moved to approve the Conditional Use Permit Review for the Ramsey
County Correctional Facility (297 Century Avenue South). This CUP shall be reviewed again in
one year.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
5. Final Plat- Century Trails Commons (Century and Larpenteur Avenues)
Councilmember Hjelle moved to approve the Final Plat dated April 1, 2008, for Century Trails
Commons (Century and Larpenteur Avenues).
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
6. Donation to Landfall Cops `N Kids Fishing Clinic
April 14, 2008 12
City Council Meeting Minutes
Councilmember Juenemann moved to approve the Donation to Landfall Cops `N Kids Fishing
Clinic from St. Paul Harley-Davidson/Buell for $150.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
7. Kohlman Lane Area Street Improvements, City Project 07-21, Approval of Water and
Sanitary Sewer Agreements with Little Canada
Councilmember Hjelle moved to approve the Water and Sanitary Sewer Joint -Powers
agreements with the City of Little Canada for the Kohlman Lane Area Street Improvements, for
City Project 07-21, and authorize Mayor Longrie and Acting City Manager Ahl to execute the
agreements signifying City Council approval. Minor revisions approved by the City Attorney are
authorized as needed.
AGREEMENT BETWEEN
CITY OF MAPLEWOOD
AND
CITY OF LITTLE CANADA
WATER AGREEMENT
This Agreement, made and entered into this 14th day of April, 2008, by the City of
Maplewood (hereinafter "Maplewood"), a municipal corporation of the State of Minnesota, and the
City of Little Canada (hereinafter "Little Canada"), a municipal corporation of the State of
Minnesota.
RECITALS
WHEREAS, Maplewood intends to reconstruct the roadway on Keller Parkway from Keller
Parkway and Arcade Street, southerly to Kohlman Lane, then north on Kohlman Lane, to include
Kohlman Court and Meadowlark Lane east of Kohlman Lane, then easterly on Beam Avenue to
the cul-de-sac. The reconstruction project will include, but not be limited to, the extension of the
water main from Little Canada at Keller Parkway and Arcade Street to the Maplewood properties
in the reconstruction areas described above. Said water main will be available at Kohlman Lane
and Beam Avenue to accommodate future development in Little Canada and provides for the
ability to loop the water system to LaBore Road in Little Canada. Maplewood will design and
construct said water main.
NOW, THEREFORE, in consideration of the mutual covenants and promises made
herein, the parties agree as follows:
SECTION 1
TERMS AND CONVEYANCE OF TITLE
Little Canada does hereby grant permission to Maplewood to connect to Little Canada's water
system for the purpose of supplying water service to the Maplewood residents on Keller Parkway
from Keller Parkway and Arcade, southerly to Kohlman Lane, then north on Kohlman Lane, to
include Kohlman Court and Meadowlark Lane east of Kohlman Lane, easterly on Beam Avenue
to the cul-de-sac.
After construction and connection of said water main to Little Canada's water system, Maplewood
will, by resolution of its City Council and by appropriate deed of conveyance acceptable to Little
April 14, 2008 13
City Council Meeting Minutes
Canada, convey to Little Canada all of its right, title and interest to all water mains, fire hydrants,
service connections and appurtenances constructed and owned by Maplewood as part of the
reconstruction project of Keller Parkway from Keller Parkway and Arcade, southerly to Kohlman
Lane, to include Kohlman Court and Meadowlark Lane east of Kohlman Lane, easterly on Beam
Avenue to the cul-de-sac. It is intended by the parties that the said conveyances shall be free
and clear of all liens and encumbrances, whatsoever, and thereafter title shall remain with Little
Canada.
SECTION 2
CONSOLIDATION OR ACQUISITION
In the event that Little Canada ceases to operate in its present form or due to an acquisition of its
water system assets by another entity, it is the intent of Little Canada and Maplewood to protect
the right of Maplewood's properties to the continued supply of an adequate water service.
Therefore, to the extent legally permissible, Little Canada will insure that in any conveyance or
change in water asset ownership, Maplewood will have the option to either terminate this
agreement or negotiate a new water service agreement with the new owner or entity.
SECTION 3
WARRANTY
Little Canada and Maplewood further agree that as Maplewood constructs and contracts for the
construction of new mains, services and appurtenances to be connected to the Little Canada
water system and supplied with water by Little Canada, that Little Canada shall not be
responsible for the maintenance or repairs to such newly constructed additions to the water
supply system until (1) year from the date the same have been placed in operation, or until Little
Canada has notified Maplewood in writing of the acceptance of such installation, whichever date
is earlier. At such time that Little Canada assumes responsibility for the maintenance and repair
of said new water system facilities, Maplewood will convey said facilities according to the
conditions of Section 1, Terms and Conveyance of Title.
SECTION 4
SERVICE CONNECTIONS APPLICATIONS
New applications for water service connections shall be made to and through Little Canada with
all applicable charges such as but not limited to water availability connection charge, meter fee,
water turn -on that may exist at the date of the connection. Each applicant shall furnish to Little
Canada, a certified street address established by Maplewood.
SECTON 5
METERS & METER READING
Little Canada shall furnish, install and maintain all customer meters and shall have full
responsibility for reading meters and for the billing and collection of water accounts. Little
Canada shall set rates for water charges to Maplewood residents in the same manner to that of
Little Canada residents.
SECTION 6
SANITARY SEWER & MISCELLANEOUS
UTILITY BILLING & COLLECTION SERVICES
April 14, 2008 14
City Council Meeting Minutes
Maplewood agrees to have Little Canada perform the billing, collection and customer service
functions for residential and commercial sanitary sewer service to those properties where the
water system supplies water service and those properties served ground water through wells
using the same procedures as is currently performed for existing Maplewood addresses. The
designation of each newly developed account as either residential or commercial will be
determined by Maplewood and provided to Little Canada.
More specifically, Little Canada will continue to bill Maplewood residential and commercial
sanitary sewer accounts on a volume basis, with residential accounts billed on the winter quarter
water basis. Commercial accounts will be billed on a volume basis throughout the year on the
same billing cycle as established by Little Canada for water billing.
A minimum sewer charge will be applied to any account when there is no water consumption and
where no notice to discontinue water service to the account has been received by Little Canada
for accounts connected to Maplewood sewer. Maplewood will continue to determine the
minimum sewer charge to residential and commercial accounts, and will provide to Little Canada.
Maplewood will continue to establish the volume sewer rates for residential and commercial
accounts, and will provide to Little Canada at least thirty (30) days prior to any billing to which the
rates are to be applied.
Any other miscellaneous utility billings such as, but not limited to recycling and storm water
charges, will continue to be billed by Little Canada on Maplewood's behalf. Applicable billing
amounts or rates will be determined by Maplewood and will be provided to Little Canada.
Little Canada will continue to furnish a quarterly remittance report to Maplewood, or monthly if
billings are done monthly, detailing all billings and adjustments by address for all Maplewood
locations. Little Canada will continue to deduct $3.50 per account per billing as remuneration for
their billing, collection and customer service functions. The remuneration rate may be reviewed
annually by Little Canada who shall notify Maplewood in writing of any change in the
remuneration rate and the timing of the change.
SECTION 7
AGREEMENT AMENDMENTS
Maplewood and Little Canada agree that from time to time, changes to this agreement may be
necessary. Maplewood and Little Canada agree that said changes will be in the form of
addendums to this agreement duly approved by and executed on behalf of the respective parties.
SECTION 8
MEETINGS
Little Canada, through its Public Works Department or designee, agrees to meet at the request of
Maplewood should any issues arise under this agreement. The purpose of said meetings shall
be to discuss issues which affect the substantive rights of the parties under this agreement. The
time and place of any such meeting, hereunder, shall be determined by the parties with
reasonable notice to one another. The parties retain the right to conduct meetings through other
electronic means as is acceptable to both parties.
SECTION 9
AGREEMENT SUBJECT TO DATA PRACTICES ACT
April 14, 2008 15
City Council Meeting Minutes
This agreement shall be subject to the Minnesota Data Practices Act, at Minnesota Statutes
Chapter 13, comparable provisions and Federal Law.
SECTION 10
MEDIATION OF DISPUTES
Any and all disputes between the parties under and concerning this agreement, including its
formation and the entering into the clause itself, shall be subject to mediation. The dispute shall
be submitted to a mediator selected and agreed upon by the parties within thirty (30) days. In the
event that the parties cannot agree to a mediator, a mediator shall be chosen by the Chief Judge
of the Ramsey County District Court. The costs of mediation shall be equally divided between the
parties.
SECTION 11
COMPLETENESS OF THE AGREEMENT
This document contains all the terms and conditions of this agreement, and any alterations or
variations of the terms of this agreement shall be invalid unless made in writing and signed by the
parties as referred to in Section 7, Agreement Amendments. There are no other understandings,
representations or agreements, written or oral, not incorporated herein. If any part of this
agreement is declared null and void by law, the remaining paragraphs of said agreement shall be
valid.
SECTION 12
CONTROLLING LAW
This agreement is made pursuant to Minnesota State Law and Minn. Stat. § 471.59 (Joint
Exercise of Powers). In the event of a dispute, the laws of the State of Minnesota shall be
controlling.
SECTION 13
NOTICES
Whenever it shall be required or permitted by this agreement that notice or demand be given or
served by either party to or on the other party, such notice or demand shall be delivered
personally or mailed by United States mail to the addresses hereinafter set forth by certified mail.
Such notice or demand shall be deemed timely given when delivered personally or when
deposited in the mail in accordance with the above. The addresses of the parties hereto for such
mail purposes are as follows, until written notice of such address has been given:
City Manager
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
City Administrator
City of Little Canada
515 Little Canada Road East
Little Canada, MN 55117
IN WITNESS WHEREOF, the parties have executed this Agreement on this
_day of 12008
CITY OF MAPLEWOOD
Mayor
CITY OF LITTLE CANADA
Mayor
April 14, 2008
City Council Meeting Minutes
16
City Manager
City Administrator
Approved as to form by Legal Counsel Approved as to form by Legal Counsel
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
8. Approval of Sanitary Sewer Agreement with Little Canada (Palm Court)
Councilmember Hjelle moved to approve the Sanitary Sewer Use/Connection Agreement with
the City of Little Canada (Palm Court) and authorize Mayor Longrie and Acting City Manager AN
to execute the agreement signifying City Council approval. Minor revisions as approved by the
City Attorney are authorized as needed.
AGREEMENT BETWEEN CITY OF MAPLEWOOD AND CITY OF LITTLE CANADA
SANITARY SEWER USE/CONNECTION AGREEMENT
This Agreement, made and entered into this 14th day of April, 2008, by the City of
Maplewood (hereinafter "Maplewood"), a municipal corporation of the State of Minnesota and
the City of Little Canada (hereinafter "Little Canada"), a municipal corporation of the State of
Minnesota.
RECITALS
WHEREAS, a portion of Maplewood's public sanitary sewer system is connected to the
Little Canada sanitary sewer system for the purpose of transporting sanitary sewage from
Maplewood's Sewer District 12, and the following agreement is intended to ratify the mutual
understanding and agreement related to this connection.
NOW, THEREFORE, in consideration of the mutual covenants and promises made
herein, the parties agree as follows:
SECTION 1
TERMS
1) Little Canada does hereby ratify Maplewood's sanitary sewer connections from
Maplewood's Sewer District 12, to the Little Canada sewer system west of Keller Parkway and
south of Palm Court.
2) The Maplewood sewer system connected to the Little Canada sewer system shall be used
solely for the purpose of conveying sanitary sewage, and Maplewood shall not permit or allow
any storm water runoff to enter the sewer system. Additionally, it is understood that Little Canada
may conduct periodic metering of flows. If it is determined that Maplewood is contributing
inflow/infiltration of storm water into the sanitary sewer system, Maplewood shall take immediate
April 14, 2008 17
City Council Meeting Minutes
steps to eliminate the inflow/infiltration. Maplewood also agrees to reimburse Little Canada the
applicable Metropolitan Council Environmental Services treatment charges associated with the
estimated inflow and infiltration generated from sewer lines originating in Maplewood.
Maplewood may install a meter in the line immediately prior to Maplewood's flow entering the
Little Canada lift stations as the basis for prospective charges.
3) Maplewood agrees to reimburse Little Canada in accordance with the prior memorandum
of understanding summarizing the billing and reimbursement arrangements for all Inter -
Community utility services currently followed. If Maplewood chooses to install an accurately
reading flow meter as described in Section 1.2, the charge calculation will be as described in
Section 1.2 and will replace current billing arrangements.
4) Maplewood and Little Canada shall each be responsible for the maintenance and repair of
their respective sanitary sewer systems. Maplewood agrees to hold harmless, indemnify, and
defend Little Canada from any and all claims for damages to persons or property arising from
intentional misuse or negligent use, operation, or maintenance of the sewers that are owned and
maintained by Maplewood and authorized as connected to the Little Canada sanitary sewer
system pursuant to this agreement. Little Canada agrees to hold harmless, indemnify, and
defend Maplewood from any and all claims for damages to persons or property arising from
intentional misuse or negligent use, operation or maintenance of the sewers that are owned and
maintained by Little Canada. Under no circumstances, however, shall a party be required to pay
on behalf of itself and other parties, any amounts in excess of the limits on liability established in
Minnesota Statutes Chapter 466 applicable to any one party. The limits of liability for some or all
of the parties may not be added together to determine the maximum amount of liability for any
party.
SECTION 2
BILLING
Little Canada shall operate and maintain the Lift Station serving the Maplewood properties, and
the cost of operation and maintenance shall be shared by Little Canada and Maplewood based
on the percentage of flow from Maplewood. All major repairs or replacements to Little Canada
Lift Station shall be performed by Little Canada and the costs incurred therefore shall be shared
between Little Canada and Maplewood with Maplewood paying a proportionate share based on
the percentage of flow from Maplewood. Maplewood agrees to reimburse Little Canada in
st
accordance with the above when billed by Little Canada to Maplewood on or before March 1 of
the following year.
Maplewood also agrees to reimburse Little Canada for the cost of sewage treatment as is
currently the practice for the addresses with flowage to the lift station cited above. Little
Canada will bill all services provided to the address.
SECTION 3
DURATION
Upon mutual consent of Maplewood and Little Canada, this Agreement may be amended and/or
terminated at any time. After such termination, the parties shall have no further obligation or
responsibility under this Agreement.
Upon 60 day written notice Maplewood may unilaterally terminate this Agreement if
Maplewood has completely disconnected from the Little Canada sanitary sewer line and
April 14, 2008 18
City Council Meeting Minutes
provides proof of the disconnection to Little Canada.
SECTION 4
MEETINGS
Maplewood, through its Public Works Department or designee, agrees to meet at the request of
Little Canada should any issues arise under this Agreement. The purpose of said meetings
shall be to discuss issues which affect the substantive rights of the parties under this
Agreement. The time and place of any such meeting, hereunder, shall be determined by the
parties with reasonable notice to one another. The parties retain the right to conduct meetings
through other electronic means as is acceptable to both parties.
SECTION 5
AGREEMENT SUBJECT TO DATA PRACTICES ACT
This Agreement shall be subject to the Minnesota Data Practices Act, at Minnesota
Statutes Chapter 13, comparable provisions and Federal Law.
SECTION 6
MEDIATION OF DISPUTES
Any and all disputes between the parties under and concerning this Agreement, including its
formation and the entering into the clause itself, shall be subject to mediation. The dispute shall
be submitted to a mediator selected and agreed upon by the parties within thirty (30) days. In the
event that the parties cannot agree to a mediator, a mediator shall be chosen by the Chief Judge
of the Ramsey County District Court. The costs of mediation shall be equally divided between the
parties. §�-
SECTION 7
COMPLETENESS OF THE AGREEMENT
This document contains all the terms and conditions of this Agreement, and any alterations or
variations of the terms of this Agreement shall be invalid unless made in writing and signed by the
parties. There are no other understandings, representations or agreements, written or oral, not
incorporated herein. If any part of this Agreement is declared null and void by law, the remaining
paragraphs of said Agreement shall be valid.
SECTION 8
CONTROLLING LAW
April 14, 2008
City Council Meeting Minutes
19
This Agreement is made pursuant to Minnesota State Law and Minnesota. Statutes §
471.59 (Joint Exercise of Powers). In the event of a dispute, the laws of the State of
Minnesota shall be controlling.
SECTION
9 NOTICES
Whenever it shall be required or permitted by this Agreement that notice or demand be given or
served by either party to or on the other party, such notice or demand shall be delivered
personally or mailed by United States mail to the addresses hereinafter set forth by certified mail.
Such notice or demand shall be deemed timely given when delivered personally or when
deposited in the mail in accordance with the above. The addresses of the parties hereto for such
mail purposes are as follows, until written notice of such address has been given:
City Manager
City of Maplewood
1830 County Road B East
Maplewood, MN 55109
City Administrator
City of Little Canada
515 Little Canada Road East
Little Canada, MN 55117
IN WITNESS WHEREOF, the parties have executed this Agreement on this 14th day of
April, 2008.
CITY OF MAPLEWOOD
Mayor
Acting City Manager
Approved as to form by Legal Counsel
Seconded by Councilmember Juenemann.
The motion passed.
CITY OF LITTLE CANADA
Mayor
City Administrator
Approved as to form by Legal Counsel
Ayes — All
9. Agreement with Melrose North Pyrotechnics for 4t" of July Fireworks
Councilmember Hjelle moved to approve the 4th of July Fireworks Agreement with Melrose North
Pyrotechnics for $10,000 and the Noise Control Waiver for the July 4th celebration at Hazelwood
Park.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
April 14, 2008 20
City Council Meeting Minutes
J. AWARD OF BIDS
Priory Public Improvements, City Project 07-24, Resolution Receiving Bids and
Awarding Construction Contract
a. Civil Engineer, Steve Kummer gave the presentation and answered questions of
the council.
Councilmember Hjelle moved to approve the Resolution for the Award of Bids to Nodland
Construction for $689,702.54 for Priory Public Improvements, City Project 07-24.
RESOLUTION 08-04-050
AWARD OF BIDS
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Nodland Construction in the amount of $689,702.54 is the lowest responsible bid for the
construction of Priory Public Improvements —City Project 07-24, and the mayor and clerk are
hereby authorized and directed to enter into a contract with said bidder for and on behalf of the
city.
The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project.
Adopted by the council on this 14th day of April, 2008.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
The Council took a break at 9:05 p.m.
The meeting reconvened at 9:15 p.m.
K. UNFINISHED BUSINESS
1. Code Amendments — Procedures, Public Hearings, Applications and Initiation (Second
Reading).
a. Planner, Ken Roberts gave the presentation and answered questions of the council.
Councilmember Nephew moved to table the (Second Reading) of the Proposed Ordinance
Amendments in order for staff to make appropriate changes and bring this back to the next
council meeting.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
2. Code Amendments — Lawful Gambling Ordinance (Second Reading)
a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered
questions of the council.
April 14, 2008 21
City Council Meeting Minutes
Councilmember Rossbach moved to approve the (Second Reading) Code Amendments — Lawful
Gambling Ordinance.
Sec. 22-1. Gambling prohibitions.
Ordinance 881
Chapter 22
LAWFUL GAMBLING
Article I. In General
Article II. Lawful gambling
Sec.
22-2.
Adoption of state law by reference.
Sec.
22-3.
City may be more restrictive than state law.
Sec.
22-4.
Purpose.
Sec.
22-5.
Definitions.
Sec.
22-6.
Lawful gambling permitted.
Sec.
22-7.
Location.
Sec.
22-8.
Conditions.
Sec.
22-9.
Lawful gambling at on -sale establishments.
Sec.
22-10.
Council approval.
Sec.
22-11.
Application and local approval of premises permits.
Sec.
22-12.
Local permits.
Sec.
22-13.
Revocation and suspension of local permit.
Sec.
22-14.
License and permit display.
Sec.
22-15.
Notification of material changes to application.
Sec.
22-16.
Contribution of net profits to fund administered by city.
Sec.
22-17.
Designated trade area.
Sec.
22-18.
Records and reporting.
Sec.
22-19.
Penalty.
Sec.
22-20.
Severability.
Sec.
22-21.
Effective date.
ARTICLE I. IN GENERAL
Sec. 22-1. Gambling prohibitions.
(a) Any person engaged in gambling as a participant therein or any person who knowingly permits
gambling on his premises, such gambling being defied as gambling within the meaning of Minn.
Stats. §§609.75 — 609.762, shall be guilty of a misdemeanor.
(b) All kinds and descriptions of gaming, gambling and fraudulent devices and practices in gaming
and all playing of dice or other games of chance are hereby prohibited.
(c) All roulette tables; all faro banks; all crap tables; all gambling with cards, gaming tables or
gambling devices; all descriptions of gaming and gambling; all houses and places for the purpose
of gambling and fraudulent devices and practices; and all playing of cards, dice or other games of
chance are hereby prohibited from being set up, used or kept for gaming or gambling purposes in
the city.
(d) No person shall bet any money or other property at or upon or in any gaming or gambling table,
game or device prohibited by this section.
April 14, 2008 22
City Council Meeting Minutes
(e) No person shall keep any house or place for the purpose of gambling nor shall any person suffer
or allow any gaming table, bank or gambling device or gambling equipment prohibited in this
section to be set up or used for the purpose of gaming in any house, building, boat, lot, hotel,
motel, shop, ward, room, space or garden belonging to him, occupied by him or over which he
has no control.
(f7 If any person shall engage in a gambling game or make use of any gambling device or equipment
prohibited by this section or shall keep tables, furniture, fixtures or instruments for gaming or
gambling or used or intended for use in gaming or gambling, in or out of any house, room or
place, such tables, instruments or equipment may be seized and taken into custody by any police
officer. It is hereby made the expressed duty of all police officers to enter any place, house, room,
tent or booth and seize the gaming tables, instruments, fixtures or equipment and hold and keep
the gaming tables, instruments, fixtures or equipment.
(g) No person shall visit any place, house or room used, occupied or in any way designed for gaming
or gambling purposes and there bet any money or valuable thing on any game or device, either
played with cards, dice or otherwise. It shall be the duty of the police officers to visit all houses,
places, rooms, tents or booths where any such gambling is carried on in violation of this section
and to arrest all persons violating this section.
(h) No person shall, within the city, whether directly or indirectly, bet or risk any money or other
property at or upon any game, device, horse race, contest of any kind whatever or upon the
happening of any event, whether such event takes place within or without the city limits, or the
result of any such event or engage in any gaming or gambling of any kind whatever, in which
money or other property is directly or indirectly bet, wagered, staked or risked, or aid or abet,
directly or indirectly, any other person in the doing of any such acts.
(i) This section shall not apply to the game of bingo, as defined by state law, if such game of bingo is
duly licensed pursuant to state law and this Code or other city ordinance.
(j) Notwithstanding the other subsections of this section, a fraternal, religious, veterans' or other
nonprofit organization may set up to operate a gambling device or conduct a raffle, as defined in
Minn. Stats. § 349.12, if licensed by the city and conducted pursuant to Minn. Stats.§ 340.12, and
a person may manufacture, sell or offer for sale a gambling device to such organization.
ARTICLE II. LAWFUL GAMBLING
Sec. 22-2. Adoption of state law by reference.
The provisions of Minnesota Statutes, Chapter 349, as they may be amended from time to time, with
reference to the definition of terms, conditions of operation, provisions relating to sales, and all other
matters pertaining to lawful gambling are hereby adopted by reference and are made a part of this
ordinance as if set out in full. It is the intention of the Council that all future amendments of Minnesota
Statutes, Chapter 349, are hereby adopted by reference or referenced as if they had been in existence at
the time this ordinance was adopted.
Sec. 22-3. City may be more restrictive than state law.
The council is authorized by the provisions of Minnesota Statutes, Section 349.213, as it may be
amended from time to time, to impose, and has imposed in this ordinance, additional restrictions on
gambling within its limits beyond those contained in Minnesota Statutes, Chapter 349, as it may be
amended from time to time.
Sec. 22-4. Purpose.
April 14, 2008 23
City Council Meeting Minutes
The purpose of this ordinance is to regulate lawful gambling within the City of Maplewood, to prevent its
commercialization, to insure the integrity of operations, and to provide for the use of net profits only for
lawful purposes.
Sec. 22-5. Definitions.
In addition to the definitions contained in Minnesota Statutes, Section 349.12, as it may be amended
from time to time, the following terms are defined for purposes of this ordinance:
BOARD, as used in this ordinance, means the State of Minnesota Gambling Control Board.
CITY, as used in this ordinance, means the City of Maplewood.
COUNCIL, as used in this ordinance, means the City Council of the City of Maplewood.
LICENSED ORGANIZATION, as used in this ordinance, means an organization licensed by the Board.
LOCAL PERMIT, as used in this ordinance, means a permit issued by the city.
TRADE AREA, as used in this ordinance, is defined as the City of Maplewood and each city and
township contiguous to the City of Maplewood.
RAFFLE, "Raffle" is an activity that requires no skill in order to win a prize. Prizes are awarded through
the purchase of chances.
Sec. 22-6. Lawful gambling permitted.
Lawful gambling is permitted within the city provided it is conducted in accordance with Minnesota
Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to time; Minnesota
Statutes, Sections 349.11-349.23, inclusive, as they may be amended from time to time; and this
ordinance.
Sec. 22-7. Location.
(a) Lawful gambling under license issued by the state lawful gambling board may be conducted only
at the following locations:
(1) In the licensed organization's hall where it has its regular meetings. No organization shall rent,
lease, or occupy, directly or indirectly, any other property for the purpose of conducting gambling,
except an on -sale establishment as permitted in this division.
(2) In licensed on -sale liquor, wine, and beer establishments.
(3) Notwithstanding subsections (a)(1) and (2) of this section, raffle only licenses may be approved
for any proper location.
(b) No location shall be approved for gambling unless it complies with the applicable zoning, building,
fire, and health codes of the city.
Sec. 22-8. Conditions.
The conduct of lawful gambling under license issued by the state lawful gambling control board shall be
subject to the following conditions in the city:
April 14, 2008 24
City Council Meeting Minutes
(4a) No sale, consumption, or possession of liquor, wine, 3.2 percent malt liquor shall be permitted
during gambling conducted by a licensed organization, except as permitted under a valid on -sale
liquor, wine, or 3.2 percent malt liquor license or a bottle club permit; provided, further, that no
sale, consumption, or possession of liquor, wine, or 3.2 percent malt liquor shall be permitted in
the room where a bingo session is taking place.
(2b) The organization must have been in existence for three years preceding the license application
as a registered Minnesota nonprofit corporation or as an organization designated as exempt from
the payment of income taxes by the Internal Revenue Code. The organization must have at least
15 active members.
(3c) Before any person may serve as gambling manager for any organization licensed to conduct
gambling in the city, that person must have satisfactorily completed a course of instruction
conducted by the state lawful gambling control board on the duties and responsibilities of the
gambling manager.
Sec. 22-9. Lawful gambling at on -sale establishments.
Lawful gambling at on -sale liquor, wine, and 3.2 percent malt liquor establishments shall be Conducted in
compliance with the following:
(4a) Only licenses for lawful gambling and raffles may be issued, except where the licensed gambling
organization also holds the on -sale liquor, wine, or 3.2 percent malt liquor licenses for the
premises, in which case any gambling license may be issued.
(2b) On -sale establishments shall be limited to one licensed gambling organization at any one time in
the licensed premises and any rooms adjoining the premises under the same management. No
lease shall be made with one organization while another lease is in effect for the same on -sale
establishment.
(3c) Every agreement between a nonprofit organization and an on -sale premises for gambling shall be
in the form of a written lease. The written lease shall be the complete agreement between the
parties, and there shall be no unwritten terms or conditions. There shall be no other
compensation paid to the on -sale establishment, directly or indirectly, other than the rental fee
provided in the lease agreement. The lease shall specifically provide that the lessee shall operate
only after issuance of a license and shall be subject to the terms of this division. Rental
payments shall not exceed:
(1) For booth operations — 10% of gross profits (net after taxes) with a maximum of $1,750. 00 per
month.
(2) For bar operations — 20% of gross profits (net after taxes with a maximum of $2, 000.00 per
month.
(4d) A copy of any lease agreement between a nonprofit organization and an on -sale licensee shall be
filed with the city clerk and the police chief with the gambling license application.
(5e) A lease agree.mept behiveen a nonprofit organizatip-P -;;Pd- ap P -P -Sale e-stabli-shmept shall Pet
provide for- rental payments based on a perGentage Of FeG9iPt8 of pr-efit_s 449M 1_ay.'fU1 gambling.
Th,-Qrp- shall be Pe other- GOMPensation paid to the P -P -6 -We e-stabli-shment, G#FeGt4Y or- ,
-ar--rue.rd-ing to state haw-.
April 14, 2008 25
City Council Meeting Minutes
(50 All gambling shall be conducted from a booth or other area nrr 94), segFe ated frr m the rest of
the IiGen ed nramisa the bar services area. The physical layout of the area set aside for
gambling shall be subject to approval of the police department.
(6g) The If gambling is conducted from a booth, it shall be constructed and maintained by the
organization licensed to conduct gambling and shall be under the exclusive control of that
organization. (new paragraph)The organization licensed to conduct gambling shall
prominently display its name and license number at its gambling booth and shall indicate that all
profits from gambling are for the benefit of the organization.
(7h)
gam kno operation
(9i) No person shall be jointly employed by both the nonprofit organization and the on -sale
establishment. This section shall not apply when the licensed gambling organization is also the
holder of the on -sale license for the establishment where the gambling is conducted.
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(441) No gambling funds shall be commingled with funds of the on -sale establishment
(42-m) No food, drink, or entertainment discounts or other promotions shall be offered in conjunction with
the sale of gambling devices or chances.
(43n) The on -sale establishment shall allow the organization to conduct gambling at any time during its
lawful business hours and shall prohibit gambling at any time other than its lawful business hours.
(44o) The on -sale licensee shall make no agreements with any gambling equipment distributorrequiring
the use of his gambling equipment in the establishment.
(gyp) 2 whsaotions (6), (7), (92), /9
1, (10), and (1 4) of this saoll tion shanot apphy when the- lioansa.l
(46q) The city council may disapprove a gambling license application for an on -sale establishment in
which gambling violations have previously occurred.
Section 22-10. Council approval.
Lawful gambling authorized by Minnesota Statutes, Sections 349.11-349.23, inclusive, as they may be
amended from time to time, shall not be conducted unless approved by the council, subject to the
provisions of this ordinance and state law.
Section 22-11. Application and local approval of premises permits.
(a) Any organization seeking to obtain a premises permit or bingo hall license, or renewal of a
premises permit or bingo hall license from the Board shall file with the city clerk an executed,
complete duplicate application, together with all exhibits and documents accompanying the
April 14, 2008 26
City Council Meeting Minutes
application as filed with the Board. The application and accompanying exhibits and documents
shall be filed not later than three (3) days after they have been filed with the Board.
(b) Upon receipt of an application for issuance or renewal of a premises permit or bingo hall license,
the city clerk shall transmit the application to the chief of police for review and recommendation.
(c) The chief of police shall investigate the matter and make its review and recommendation to the
city council as soon as possible, but in no event later than 45 days following receipt of the
notification by the city.
(d) Organizations or bingo halls applying for a state issued premises permit shall pay the city an
investigation fee as set by State Statute for cities of the second class. This fee shall be refunded
if the application is withdrawn before the investigation is commenced.
(e) The applicant shall be notified in writing of the date of which the council will consider the
recommendation.
(f) The council shall receive a report from the city clerk that includes pertinent information from the
background investigation and consider the application within 45 days of the date that the
application was submitted.
(g) The council shall, by resolution, approve or disapprove the application within 60 days of the
receipt of the application.
(h) The council shall disapprove an application for issuance or renewal of a premises permit for any
of the following reasons:
(1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to
gambling within the last 3 years.
(2) Violation by the on -sale establishment or organization leasing its premises for gambling, of any
state statute, state rule, or city ordinance relating to the operation of the establishment, including,
but not limited to, laws relating to alcoholic beverages, gambling, controlled substances,
suppression of vice and protection of public safety within the last 3 years.
(3) Lawful gambling would be conducted at premises other than those for which an on -sale liquor
license has been issued.
(4) Lawful gambling would be conducted at more than 4 premises within the city.
(5) Failure of the applicant to pay the investigation fee within the prescribed time limit.
(6) Operation of gambling at the site would be detrimental to health, safety, and welfare of the
community.
Otherwise the council shall pass a resolution approving the application.
Sec. 22-12. Local permits.
(a) No organization shall conduct lawful gambling excluded or exempted from state licensure
requirements by Minnesota Statute, Section 349.166, as it may be amended from time to time,
without a valid local permit.
April 14, 2008 27
City Council Meeting Minutes
(b) Applications for issuance or renewal of a local permit shall be on a form prescribed by the city.
The application shall contain the following information:
(1) Name and address of the organization requesting the permit.
(2) Name and address of the officers and person accounting for receipts, expenses, and profits for
the event.
(3) Dates of gambling occasion for which permit is requested.
(4) Address of premises where event will occur.
(5) Copy of rental or leasing arrangement, if any, connected with the event including rental to be
charged to organization.
(6) Estimated value of prizes to be awarded.
(c) When filing an application for the issuance of a local permit under this division, the applicant must
pay to the city clerk, in full, the amount of the permit fee as imposed, set, established and fixed by
the city council.
(d) Upon receipt of an application for issuance or renewal of a local permit, the city clerk shall
transmit the notification to the chief of police for its review and recommendation.
(e) The chief of police shall investigate the matter and make review and recommendation to the city
clerk as soon as possible to be included in the report for the council, but in no event later than 45
days following receipt of the notification by the city.
(f) The applicant shall be notified in writing of the date on which the council will consider the
recommendation.
(g) The council shall receive the public safety department's report and consider the application within
45 days of the date the application was submitted to the city clerk.
(h) The council shall disapprove an application for issuance or renewal of a premises permit for any
of the following reasons:
(1) Violation by the gambling organization of any state statute, state rule, or city ordinance relating to
gambling within the last 3 years.
(2) Violation by the on -sale establishment, or organization leasing its premises for gambling, of any
state statute, state rule, or city ordinance relating to the operation of the establishment, including,
but not limited to, laws relating to the operation of the establishment, laws relating to alcoholic
beverages, gambling, controlled substances, suppression of vice and protection of public safety
within the last 3 years.
(3) The organization has not been in existence for at least 3 consecutive years prior to the date of
application.
(4) The organization does not have at least 15 active members.
(5) Exempted or excluded lawful gambling will not take place at a premises the organization owns or
rents.
April 14, 2008 28
City Council Meeting Minutes
(6) Exempted or excluded lawful gambling will not be limited to premises for which an on -sale liquor
license has been issued.
(7) Exempted or excluded lawful gambling will occur at more than 4 premises within the city.
(8) More than one licensed, qualified organization will be conducting exempted or excluded lawful
gambling activities at any one premises.
(9) Failure of the applicant to pay the permit fee within the prescribed time limit.
(10) Operation of gambling at the site would be detrimental to health, safety, and welfare of the
community.
Otherwise the council shall approve the application.
Sec. 22-13. Revocation and suspension of local permit.
(a) A local permit may be revoked, or temporarily suspended for a violation by the gambling organization
of any state statute, state rule, or city ordinance relating to gambling.
(b) A license shall not be revoked or suspended until notice and an opportunity for a hearing have first
been given to the permitted person. The notice shall be personally served and shall state the provision
reasonably believed to be violated. The notice shall also state that the permitted person may demand a
hearing on the matter, in which case the permit will not be suspended until after the hearing is held. If the
permitted person requests a hearing, the council shall hold a hearing on the matter at least one week
after the date on which the request is made. If, as a result of the hearing, the council finds that an
ordinance violation exists, then the council may suspend or revoke the permit.
Sec. 22-14. License and permit display.
All permits issued under state law or this ordinance shall be prominently displayed during the permit year
at the premises where gambling is conducted.
Sec. 22-15. Notification of material changes to application.
An organization holding a state issued premises permit or a local permit shall notify the city in writing
whenever any material change in the information submitted in the application occurs within ten days of
the change.
Sec. 22-16. Contribution of net profits to fund administered by city.
(a) Each organization licensed to conduct lawful gambling within the city pursuant to Minnesota
Statute, Section 349.16, as it may be amended from time to time, shall contribute ten percent of
its net profits derived from lawful gambling in the city to a fund administered and regulated by the
city without cost to the fund. The city shall disburse the funds for lawful purposes as defined by
Minnesota Statutes Section 349.12, Subdivision 25, as it may be amended from time to time. An
organization's receipts from lawful gambling that is exempt from licensing under Minn. Stats. §
349.166 are not subject to ten -percent contribution imposed by this section.
(b) The ten -percent contribution imposed by this section shall be paid to a fund administered and
regulated by the city, without cost to the city, for disbursement for lawful purposes on a monthly
basis and shall be reported on a duplicate copy of the gambling tax return tiled with the state
April 14, 2008 29
City Council Meeting Minutes
lawful gambling control board each month. The report shall be an exact duplicate of the report
filed with the state lawful gambling control board, without deletions or additions, and must contain
the signatures of organization officials as required on the report form. At the time of submitting a
copy of the gambling tax return, each organization shall also file a computation of charitable
contribution form.
The gambling tax return and payment of the contribution due must be postmarked or, if hand -delivered,
received in the office of the finance director on or before the last day of the month following the month for
which the report is made.
An incomplete gambling tax return will not be considered timely unless corrected and returned by the due
date for filing. Delays in the mailing, mail pickups, and postmarking are the responsibility of the
organization.
The tax return and contribution shall be delivered to:
Finance apd- dmini traphop A4 -;;P -;;W Director
City of Maplewood
1830 County Road 8 East
Maplewood, MN 55109
Checks shall be made payable to the city.
(c) There shall be an interest charge of eight percent per annum on the unpaid balance of all
overdue contributions owed by an organization under this section.
(d) The city council shall disapprove any pending application for renewal or the original issue of a
lawful gambling license for any organization which owes delinquent contributions to the city.
Further, the police chief may notify the state lawful gambling board of any organization owing
delinquent contributions to the city and may request that the board revoke or suspend the
organization's license during the license year. The city council shall not issue or renew any on -
sale or off -sale alcoholic beverage license, bottle club permit, or food license to any organization
which owes delinquent contributions to the city. The remedies in this subsection are not exclusive
and shall be in addition to any other powers and remedies provided by law.
Sec. 22-17. Designated trade area.
(a) Each organization licensed to conduct gambling within the city shall expend 51 percent of its
lawful purpose expenditures on lawful purposes conducted within the city's trade area.
(b) This section applies only to lawful purpose expenditures of gross profits derived from gambling
conducted at a premise within the city's jurisdiction.
Sec. 22-18. Records and reporting.
(a) Organizations conducting lawful gambling shall file with the city clerk one copy of all records and
reports required to be filed with the Board, pursuant to Minnesota Statutes, Chapter 349, as it
may be amended from time to time, and rules adopted pursuant thereto, as they may be
amended from time to time. The records and reports shall be filed on or before the day they are
required to be filed with the Board.
(b) Organization licensed by the Board shall file a report with the city proving compliance with the
trade area spending requirements imposed by Section 16. Such report shall be made on a form
prescribed by the city and shall be submitted annually and in advance of application for renewal.
Sec. 22-19. Penalty.
April 14, 2008 30
City Council Meeting Minutes
Any person who violates
(4a) Any provision of this ordinance;
(21b) Minnesota Statutes, Sections 609.75-609.763, inclusive, as they may be amended from time to
time; or
(3c) Minnesota Statutes, Sections 349.11-349.21, as they may be amended from time to time or any
rules promulgated under those sections, as they may be amended from time to time shall be
guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or imprisonment
for a term not to exceed 90 days, or both, plus in either case the costs of prosecution.
Sec. 22-20. Severability.
If any provision of this ordinance is found to be invalid for any reason by a court of competent jurisdiction,
the validity of the remaining provisions shall not be affected.
Sec. 22-21. Effective date.
This ordinance becomes effective on the date of its publication, or upon the publication of a summary of
the ordinance as provided by Minnesota Statute, Section 412.191, Subdivision 4, as it may be amended
from time to time, which meets the requirements of Minnesota Statute Section 331A.01 Subdivision. 10,
as it may be amended from time to time.
Passed by the Council this 414th day of 46�April, 20078.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
3. Approval of 2007-2008 Contract Between City of Maplewood and Maplewood
Confidential and Supervisory Association
(item was pulled from the agenda prior to the meeting.)
4. Timeline and Selection Process for Maplewood City Manager
After a lengthy discussion the council decided to continue this discussion at the workshop on
April 28, 2008.
5. Resolution Adopting an Ordinance Pertaining to Television of all City Commission and
Council Meetings (Second Reading)
a. City Attorney, Alan Kantrud addressed the council.
Councilmember Juenemann moved to Table this item until April, 28, 2008, when more comments
are available from the various commissions and boards.
Seconded by Mayor Longrie. Ayes — All
The motion passed.
L. NEW BUSINESS
Code Amendments — Large Assembly (First Reading) and Permit and Fee Approval
April 14, 2008 31
City Council Meeting Minutes
a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report and answered
questions of the council.
Councilmember Nephew moved to approve the (First Reading) of the Code Amendments — Large
Assembly and Permit and Fee Approval Ordinance, and noted suggestions made by the council
for incorporation into the ordinance for the second readina.
Seconded by Mayor Longrie.
The motion passed.
Ayes — All
2. Open Space Technical Advisory Panel Discussion
a. Acting City Manager, Public Works Director, Chuck AN gave the report and
answered questions of the council.
Councilmember Rossbach moved to approve the continued recognition of the Open Space
Technical Advisory Panel and that it is to retain its current responsibilities and structures as
outlined.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
3. Consider Policy on Department Continuation Planning (Council Member Hjelle)
a. Councilmember Hjelle gave the report regarding departments within city hall cross -
training employees in the event an employee leaves the department and there is
no other employee that knows how to carry out a certain task. This was a lengthy
discussion but no action was taken
4. Discussion of Council Member Rossbach's behavior in Sherrie Le Case (Council
Member Hjelle)
a. Councilmember Hjelle read a portion of his report in the council packet.
b. Councilmember Rossbach responded by reading his statement aloud.
5. Discussion of council behavior and comments to the public and the media
Councilmember Nephew withdrew L5. and motion to extend the meeting past the curfew.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
M. COUNCIL PRESENTATIONS
Request for Ideas and Designs for Building a Personal Fire Pit (Council Member
Hjelle).
Councilmember Hjelle withdrew this agenda item and asked to have it put on the agenda for April
28, 2008, due to the late hour.
2. The "Nicest" Fire Pit in Maplewood Contest (Council Member Hjelle). Withdrawn
until April 28, 2008.
Councilmember Hjelle withdrew this agenda item and asked to have it put on the agenda for April
28, 2008, due to the late hour.
3. Arbor Day —
April 14, 2008 32
City Council Meeting Minutes
Councilmember Juenemann said April 26, 2008, is Arbor Day. Arbor Day will be observed at a
celebration at the Maplewood Nature Center where free Oak seedlings will be handed out.
4. LMCIT Safety & Loss Workshop —
Councilmember Nephew said he attended a League of Minnesota Cities Safety & Loss Workshop
which he felt was a very interesting. Their next workshop will be Thursday, April 17, 2008.
5. Blowing Smoke —
Councilmember Nephew said many people have had concerns regarding the upcoming May 1,
2008, Wood Burning and Recreational Smoke and Effects meeting. There will be four presenters
there to speak at the meeting May 1, 2008, at 7:00 p.m. in the council chambers.
6. 3M —
Mayor Longrie said she received a call from a concerned Maplewood resident regarding
something that was heard about a division of 3M moving to Iowa. Mayor Longrie asked Acting
City Manager, Chuck Ahl to follow up with a 3M representative about this.
7. Recycling of Printer Cartridges —
Mayor Longrie said she recently visited Cartridge World which is located by the Maplewood Mall.
A representative from Cartridge World said they would like to work with the City of Maplewood to
set up a recycling location at either the City Hall building or at the MCC where people can bring
their printer cartridges to be recycled. Cartridge World would pay the City of Maplewood for the
number of printer cartridges to be recycled. Mayor Longrie passed the contact information for the
Cartridge World representative to Mr. Ahl.
8. Gem Lake —
Mayor Longrie said a few weeks ago she was invited to attend the grand opening of the new city
hall building for the City of Gem Lake. During the grand opening the White Bear Lake Fire
Department was giving away stove top fire stop containers as well as free smoke detectors.
9. Beaver Lake —
Mayor Longrie said she was concerned about information she read on Councilmember Nephew's
website. Mayor Longrie felt this information was a misrepresentation of the motivation for her vote
regarding the Beaver Lake development for the approval of Plat 4 and Plat 5 and that Mayor
Longrie did not recall making the alleged comments Mr. Nephew published as remarked
attributable to her.
10. Met Council Workshop —
Mayor Longrie passed information along to the council regarding an upcoming Met Council
workshop.
N. ADMINSTRATIVE PRESENTATIONS
1. Upcoming City Events.
a. City Clerk, Director of Citizen Services, Karen Guilfoile gave the report.
Upcoming City Events include the Taste of Maplewood on June 19th from 5-9 p.m. and the Grand
Re -Opening at the MCC. Entertainment will be provided by the Rockin' Hollywoods. The 4th of
July Celebration will be held at Hazelwood Park. Entertainment will be provided by the Lamont
Cranston Band at 6:00 p.m. and Fireworks will begin around 10:00 p.m.
2. Report on Letter to Residents on Maplewood Financial Situation.
April 14, 2008 33
City Council Meeting Minutes
a. Acting City Manager, Public Works Director, Chuck AN gave a short report on the letter he
wrote to all Maplewood residents about city finances that was printed in the city
newsletter.
O. ADJOURNMENT
Mayor Longrie adjourned the meeting at 11:28 p.m.
April 14, 2008 34
City Council Meeting Minutes
Response to Councilperson Hjelle's memorandum of 4-8-2008 (Read aloud at 4-14-08 council meeting)
Mr. Hjelle has brought forward a memorandum with the subject line of League of Minnesota Cities Attorney letter
regarding active participation in legal action against the city of Maplewood, asking that the Maplewood City Council
reprimand me for my involvement in the Sheryl Le case.
In his memorandum Mr. Hjelle asserts that I actively worked with Ms. Le in her legal action against the City of Maplewood.
Mr. Hjelle offers as proof of this allegation that several people saw me "huddled" with Ms. Le and her attorney during breaks
in the proceedings and that I was heard referring to the case as "our case". Mr. Hjelle also states that the court transcripts
state, "that Ms. Le and her attorney were working with "councilmembers".
Mr. Hjelle requests that the Maplewood Council reprimand me "for documented misconduct in office and breech of his
fiduciary responsibility".
In response to Mr. Hjelle's evidence I would offer my prospective of his claims.
The letter which is the subject of his memo is from Julie Fleming -Wolf (the city attorney) is to Mr. Corwin (Le's attorney) not to
the City of Maplewood or me. In it Ms. Wolf represents her concerns that Mr. Corwin might have been in contact with me (he
was not) and indicates that such contact would put me in a "difficult situation". She then indicates as Mr. Hjelle states that due
to the fact that I stood by and talked to Mr. Corwin and Ms. Le during breaks in the trail that I was very involved in discussing
strategy for the case. Ms. Wolf finishes by indicating concern that I might have passed on information from the closed
meetings, which the council held pertaining to the case. I can assure you that I did not.
During the breaks at the trail I had three choices to pass the time. I could go hang out with the Mayor, Mr. Hjelle, Ms. Wolf,
and Mr. Copeland. I could do the same with Ms. Le and Mr. Corwin and the other witnesses, which had been called or were
subpoenaed as I had been. I could have not talked or stood by anyone. Some of the other witnesses were John Banick,
Gayle Bauman, and Kathy Juenemann. I chose to talk with people I consider friends. I did not discuss either party's legal
strategy or reveal any information I gained in closed sessions. I did discuss such things as when my testimony might occur.
The first time that Mr. Hjelle was going to bring this item forward to the council he included two pages of the transcript from
the trail. I have read it through a couple of times and it does not say at any point that Mr. Corwin and Ms. Le were working
with council members. It does state that Mr. Corwin understood or believed that he knew what my actions and thoughts might
be. Anyone that was paying attention to the Council proceedings at this time would have understood my position on the
issue. I assume that is why Mr. Corwin issued a subpoena to insure my testimony.
Mr. Hjelle's request of the council is to reprimand me "for documented misconduct in office and breech of his fiduciary
responsibility". His documentation is a letter from Ms. Wolf to Mr. Corwin cautioning him not to have contact with me and that
such contact would put me in a difficult position. Further that I chose to stand and talk to my friends instead of people that
have shown time and again that they are not my friends and finally two pages of the court transcript in which Mr. Corwin says
that he believes that he knows what I think about the case.
Here are a couple of definitions that are relevant to this discussion.
A misconduct is a legal term meaning a wrongful, improper, or unlawful conduct motivated by premeditated or intentional
purpose or by obstinate indifference to the consequences of one's acts.
Fiduciary; one often in a position of authority who obligates himself or herself to act on behalf of another (as in managing
money or property) and assumes a duty to act in good faith and with care, candor, and loyalty in fulfilling the obligation.
I believe that it is also necessary to define the concept of "city". In most cases when we think of "the city" we think of all of the
pieces that it includes, the land, the shopping centers, the streets, etc., and most of all the people. The action by Ms. Le was
a legal challenge of the actions of the Council and Mr. Copeland. My fiduciary duty is to the city as a whole, not to the actions
of the Council and Mr. Copeland.
The court determined the Council and Mr. Copeland had broken the law. Their actions cost the city approximately $300,000.
If there was any misconduct of lack of fiduciary responsibility in this instance, it was a council action that I opposed.
There are no state statues that pertain directly to a local elected official's fiduciary responsibility or misconduct, so any action
taken by this council is based only on personal feelings on the issue. I of course will abstain from any action on this matter.
But as my oath of office indicates I have done my duty to the best of my ability in this matter.