HomeMy WebLinkAbout03-08-2004MINUTES
MAPLEWOOD CITY COUNCIL
7:00 P.M. Monday, March 08, 2004
Council Chambers, Municipal Building
Meeting No. 04-OS
A.
B.
C.
D.
CALL TO ORDER:
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:03 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
Boy Scout Troop 461 led the pledge of allegiance.
Mayor Cardinal recognized the following residents serving over seas:
• William Cockriel, Active duty in Baghdad
• Will Riser Jr., Sergeant in the Army Reserve
• Erik Ahlness, National Guard Lieutenant Colonel in Bosnia
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from the City CounciUManager Workshop-February 09, 2004
Councilmember Juenemann moved to approve the minutes from the February 9, 2004 City
Council/Manager workshop as presented.
Seconded by Councilmember Monahan-Junek Ayes-All
2. Minutes from the City CounciUManager Workshop-February 23, 2004
Councilmember Juenemann moved to approve the minutes from the February 23, 2004 City
Council/Manager workshop as presented.
Seconded by Councilmember Monahan-Junek Ayes-All
3. Minutes from the City Council Meeting-February 23, 2004
Councilmember Koppen moved to approve the minutes from the February 9. 2004 City Council
meeting as presented.
City Counci103-08-04
Seconded by Councilmember Rossbach Ayes-All
4. Minutes from the City CounciUManager Workshop-March O1, 2004
Councilmember Juenemann moved to approve the minutes from the March O1, 2004 City
Council/Manager workshop as presented.
Seconded by Councilmember Juenemann Ayes-All
E. APPROVAL OF AGENDA
M1. Newsletter Rotation
M2. Mayor's Forum
M3. South End of Maplewood Focus Group
M4. NEST
M5. Ramsey County League of Local Government
Councilmember Koppen moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes-All
F. APPOINTMENTS/PRESENTATIONS
None
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 3,000.00 Checks # 63191
dated 2/19/04
$ 125,489.96 Checks # 63192 thru # 63235
dated 2/24/04
$ 328,415.78 Disbursements via debits to checking account
dated 2/13/04 thru 2/20/04
$ 1,420.71 Checks # 63236
dated 2/23/04
$ 927,03029 Checks # 63237 thru # 63304
dated 3/02/04
$ 113,166.14 Disbursements via debits to checking account
City Counci103-08-04
2
dated 2/23/04 thru 2/26/04
$ 1,498,522.88 Total Accounts Payable
PAYROLL
$ 415,140.20 Payroll Checks and Direct Deposits dated 2/27/04
4,482.29 Payroll Deduction check # 96722 thru # 96774
dated 2/27/04
$ 419,622.49 Total Payroll
$ 1,918,14537 GRAND TOTAL
2. On-Sale 3.2 Malt Liquor License -The Ponds At Battle Creek Golf Course
Approved the 3.2 Malt Liquor License for Bradley Behnke to be used at the Ponds at
Battle Creek Golf Course, 601 Century Avenue.
3. Conditional Use Permit Review -Maplewood Toyota (2873 Highway 61 North)
Approved to review the conditional use permit for Maplewood Toyota at 2873 Highway
61 again in one year or sooner if the owner proposes a major change to the site.
4. Conditional Use Permit Review -Hillcrest Animal Hospital (1320 County Road D)
Approved to review the conditional use permit for the Hillcrest animal Hospital at 1320
County Road D again in one year or sooner if the owner proposes a major change to the
site.
5. Conditional Use Permit Review - Emma's Place (2161, 2163 and 2165 Van Dyke Street)
Approved to review the conditional use permit for Emma's Place located at 2161, 2163,
and 2165 Van Dyke Street North in one year to ensure compliance with conditional use
permit conditions.
6. Development Agreement-Ashley Furniture at Legacy Village
Adopted the following agreement with Ashley Furniture stipulating how assessments will
be paid and removing them from the development agreement:
City Counci103-08-04
CITY OF MAPLEWOOD
RAMSEY COUNTY, MINNESOTA
RELEASE OF OBLIGATIONS UNDER
MASTER DEVELOPMENT AGREEMENT
ASHLEY FURNITURE DEVELOPMENT
L Recital.
11 The Effective Date of this Agreement is March 8, 2004.
1.2 The Parties to this Agreement are City of Maplewood, Minnesota, a Minnesota statutory city ("City"),
Legacy Holdings-MW LLC, a Minnesota limited liability company ("Master Developer") and Furn
USA, LLC, a South Dakota limited liability company ("Successor Developer").
1.3 City and Master Developers are parties to a Master Development Agreement with an effective date of
September 8, 2003 as amended by First Amendment to Master Development Agreement with an
effective date of February 9, 2004 ("Master Development Agreement").
1.4 Various real estate parcels are subject to the Master Development Agreement and Successor Developer
has entered into an Agreement with Master Developer to purchase one of the parcels subject to the
Master Developer Development Agreement for the purpose of constructing and operating a furniture
store and related amenities ("Ashley Furniture Development"). Such parcel is now legally described as:
Lot 5, Block 2, Legacy Village of Maplewood, Ramsey County, Minnesota
("Subject Parcel").
1.5 In connection with the acquisition of the Subject Parcel, Successor Developer has requested that the
Subject Parcel and the Successor Developer be released from the terms and conditions of the Master
Developer Agreement pursuant to Section 9.2(c) of the Master Development Agreement and Master
Developer has requested to be released from the terms and conditions of the Master Development
Agreement as to the Subject Parcel pursuant to Section 9.3 of the Master Development Agreement.
1.6 City has approved the Ashley Furniture Development Site Plan and, on that basis, City is willing to
release both the Successor Developer and Master Developer from the terms and conditions of the
Master Development Agreement subject to Master Developer's acknowledgement of its obligations
under Section 6.2 of the Master Development Agreement to pay a part of the special assessments
attributable to the Subject Parcel as set forth on Exhibit F to the Master Development Agreement and its
continuing obligations as to other parcels that remain subject to the Master Development Agreement.
City Counci103-08-04
THEREFORE, IT IS AGREID AS FOLLOWS:
IL Agreement.
2.1 Because City has approved the Ashley Furniture Development as set forth above, City agrees that:
(a) The Subject Parcel is released from the Master Development Agreement and therefore the Master
Development Agreement no longer encumbers the Subject Parcel.
(b) Successor Developer has no liability or obligations under the Master Development Agreement;
provided however, this Agreement does not release the Successor Developer from its obligations to
timely pay City fees and charges due in the ordinary course of development and building construction.
2.2 Successor Developer will commence and complete the Ashley Furniture Development as approved by
the City.
2.3 From and after the effective date set forth above, Master Developer is released from its obligations
under the Master Development Agreement as to the Subject Parcel subject to the following:
(a) Master Developer will comply with the terms of Section 6.2 ofthe Master Development Agreement in
connection with the payment of special assessments attributable to the Subject Parcel; and
(b) Master Developer remains liable under the Master Development Agreement as to all other parcels
subject to the Master Development Agreement that are not released hereby or previously released.
This document drafted by:
Briggs and Morgan, P.A. (DJC)
W2200 First National Bank Bldg.
332 Minnesota Street
St. Paul, MN 55101
SPECIAL ASSESSMENTS ESCROW AGREEMENT
THIS SPECIAL ASSESSMENTS ESCROW AGREEMENT ("Agreement") is made
and entered into this day of March, 2004, by and between FURN USA, LLC, a South Dakota
limited liability company ("Furn USA"); FIRST AMERICAN TITLE INSURANCE COMPANY
("First American"); and CITY OF MAPLEWOOD, MINNESOTA, a Minnesota statutory city
("City").
RECITALS
A. Legacy Holdings-MW, LLC, a Minnesota limited liability company ("Legacy") and the City
entered into the Development Agreement relating to the Legacy Village Project, City of Maplewood,
Minnesota effective September 8, 2003 and the First Amendment to Development Agreement effective
February 9, 2004 ("Development Agreement").
B. Outlot C ("Furniture Store") described on Exhibit F of the Development Agreement has
subsequently been platted as Lot 5, Block 2, Legacy Village of Maplewood, Minnesota (the "Property").
C. Legacy and Furn USA entered into a Purchase Agreement effective May 5, 2003 for the sale
of the Property by Legacy to Furn USA.
City Counci103-08-04
D. Concurrentwith the execution of this Agreement, Legacy has conveyedthe Property to Furn
USA.
E. There are assessments levied or pending with respectto the Property as described on Exhibit
F of the Development Agreement in the amount of $372,523. $106,262 (Kennard Street) has been levied
against the Property and $266,261 (Remaining Projects) is pending against the Property.
F. Section 6.2(e) of the Development Agreement provides that the City will pay $251,133
(67.414%) of the $372,523 of assessments levied against the Property at such time as the requirements of
Section 6.2(e) of the Development Agreement have been fulfilled. As to the building permit requirements,
Furn USA anticipates that such building permits will be issued within one hundred twenty (120) days ofthe
date of this Agreement.
G. As provided in the Development Agreement, the maximum amount of assessments against
the Property will be $372,523 and the amount to be paid by the City is a fixed amount of $251,133. The
maximum amount to be paid by Legacy is $121,390 (32.586% of $372,523). If the amount levied is less
than $372,523, the difference shall be refunded to Legacy.
H. Legacy and Furn USA are desirous of consummating the sale and purchase at this time,
subject to the terms and conditions hereinafter set forth.
NOW, THEREFORE, in consideration of the foregoing and the terms and conditions
hereinafter set forth, Furn USA, the City and First American agree as follows:
1. Concurrent with the execution of this Agreement, Legacy has deposited in escrow with
First American the sum of $121,390, the receipt of which is hereby acknowledged by
First American, to be used to pay assessments as levied as setforth in Recital G above.
2. First American agrees to hold the $121,390 until itreceives written notice fromthe City
thatthe terms of Section 6.2(e) ofthe Development Agreement have been fulfilled. If all
of the assessments described on Exhibit F of the Development Agreement have been
levied, then First American shall disburse the $121,390, together with interest accrued
thereon, as follows:
(a) to the Ramsey County Finance Department -payment in full of the
assessments; and
(b) to Legacy Holding-MW, LLC, 12100 Singletree Lane, Suite 101, Eden
Prairie, Minnesota 55344-7933 -the balance thereof, if any.
The City shall credit the assessments pursuant to Section 6.2(e) of the Development
Agreement.
If all of the assessments have not been levied, then the $121,390 plus any accrued interest
thereon shall be transferred to an escrow pursuant to Section 4 herein. The City shall deposit with First
American $251,133 in the escrow pursuant to Section 4 herein at such time as the terms of Section
6.2(e) of the Development Agreement have been fulfilled. Pursuant to the terms of the Escrow
Agreement described in Section 4 herein, when the assessments have been levied, the assessments shall
be paid pursuant to the terms of such Escrow Agreement.
3. The City is executing this Agreement for the following purposes only:
City Counci103-08-04
(a) to affirm that, subject to the terms of the Development Agreement, it has no
interest in the $121,390;
(b) to affirm that Section 6.2(e) of the Development Agreement is in full force
and effect as to the Property;
(c) to affirm that Legacy is not in default under the Development Agreement as
to the Property;
(d) to affirm that the City will notify First American when all ofthe assessments
have been levied; and
(e) to affirm its obligations under Section 6.2(e) ofthe Development Agreement
as to the Property.
4. This Agreement shall terminate upon the release of the $121,390 pursuant to Section 2
herein or the transfer of the $121,390 and the $251,133 to First American as provided in
the next sentence and the performance by the City under Section 6.2(e) of the
Development Agreement. If any assessments are pending at the date of termination of
this Agreement, First American shall hold the $121,390 and $251,133 pursuant to the
Escrow Agreement For Pending Assessments ("Escrow Agreement") attached hereto as
EXHIBIT A and made a part hereof.
5. First American's escrow service fee is $0.00, receipt of which is hereby acknowledged.
6. The acceptance by First American of its duties under this Agreement is subject to the
following terms and conditions, which all parties to this Agreement hereby agree shall
govern and control with respect to the rights, duties, liabilities and immunities of First
American.
(a) First American is not a party to and is not bound by, any agreement which
may be evidenced by or arise out ofthe foregoing escrow instructions, other than
expressly therein set forth.
(b) First American shall be protected in acting upon any written notice, request,
waiver, consent, receipt or other paper or document which First American in
good faith believes to be genuine and what it purports to be.
(c) First American shall not be liable for any error of judgment, or for any act
done or step taken or admitted by it in good faith, or for any mistake of fact or
law, or for anything for which it may do or refrain from doing in connection
therewith, except its own misconduct. Furn USA shall indemnify and agree to
pay First American for any claims or expenses arising out of this Agreement,
including court costs and reasonable attorneys' fees.
7. This Agreement shall be binding upon and inure to the benefit of the parties, their
successors and assigns.
8. This Agreement shall be governed by the laws of the State of Minnesota.
9. No rescission of this Agreement or modification of its terms shall be effective without
the written consent of the undersigned parties.
City Counci103-08-04
Temporary Gambling and Fee Waiver-Presentation of Blessed Virgin Mary Church-
Benefit for Nick Misgen
Adopted the following resolution approving the temporary gambling permit for Stephen
Klein on behalf of Presentation of Blessed Virgin Mary Church for a benefit for Nick
Misgen and waived the fee:
RESOLUTION 04-03-048
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the
temporary premises permit for lawful gambling is approved for the Presentation of the Blessed
Virgin Mary Church at Hill Murray High School, 2625 E. Larpenteur Avenue, Maplewood,
Minnesota.
FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of
application for said permit as governed by Minnesota Statutes § 349.213.
FURTHERMORE, that the Maplewood City Council requests that the Gambling Control
Division of the Minnesota Department of Gaming approve said permit application as being in
compliance with Minnesota Statute § 349.213.
NOW, THEREFORE, be it further resolved that this Resolution by the City Council of
Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval.
8. Temporary Food and Liquor and Fee Waiver-Hill Murray High School-Benefit for Nick
Misgen
Approved the temporary liquor and food licenses for Nancy Goetzke on behalf of Hill
Murray High School for a benefit for Nick Misgen.
Councilmember Koppen moved to approve the consent agenda items as presented.
Seconded by Councilmember Juenemann Ayes-All
H. PUBLIC HEARINGS
1. 7:15 p.m. Gladstone Neighborhood Development Moratorium (Second Reading)
a. City Manager Fursman presented the report.
b. Assistant City Manager Coleman presented specifics from the report.
c. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The
following person was heard:
Al Olson, 1221 Frost, Maplewood
Jan Steiner, 1876 E. Shore Drive, Maplewood
Delano Benjamin, owner of Maplewood Bowl, Maplewood
Rich Horwath, owner of Richard's Market, Maplewood
John Blake, 1201 Frost Avenue, Maplewood
Jim Swoboda, 2036 English Street, Business Owner
City Counci103-08-04
David Bartel, 1249 Frisbee, Maplewood
Jim Simpson, 1770 Atlantic Street, Maplewood
Al Olson, second appearance
Addy Benjamin, owner of Maplewood Bowl, Maplewood
d. Mayor Cardinal closed the public hearing.
Councilmember Koppen moved to adopt the following ordinance approving a development
moratorium for the Gladstone Neighborhood that precludes any futures development within the
Gladsome strategic planning study area until the adoption of the SDP and land use changes by
the city council within one year, whichever comes first:
ORDINANCE NO. 846
AN ORDINANCE FOR THE PURPOSE OF PROTECTING THE PLANNING PROCESS AND
DEVELOPING BUILDING AND DESIGN STANDARDS FOR THE GLADSTONE
NEIGHBORHOOD
The area under consideration (hereinafter "Gladstone Neighborhood's includes land generally located
along Frost Avenue and English Street in Maplewood as follows: properties south of the Gateway Trail,
properties north of Frisbee Avenue, properties east of Phalen Place North, and properties west of Ide
Street North (refer to Gladstone Neighborhood Strategic Planning Study Area map attached for exact
location).
The Maplewood City Council ordains:
SECTION 1. PURPOSE
1.01 The City of Maplewood is conducting a strategic planning study that includes land use planning
components for the Gladstone Neighborhood.
1.02 The objective of the study is to design a strategic development plan including drawings and
design standards the city can use, along with city ordinances, to achieve a sustainable, livable
center for this neighborhood.
1.03 In addition to the study, the city's zoning ordinance, zoning map, and comprehensive plan may
need to be revised to reflect the following issues:
Land use
Building setbacks
Building height
Design standards for buildings
Pedestrian flow and safety
Parking
Streetscaping
Signage
Lighting
Landscaping
Housing density
1.04 There is a need for this study to be conducted so that the city can adopt changes to the city's
zoning ordinance, zoning map, comprehensive plan, and design standards for the redevelopment
City Counci103-08-04
of the Gladstone Neighborhood.
SECTION 2. STRATEGIC PLANNING STUDY; MORATORIUM
2.01 The study is authorized by the city. City staff shall coordinate this study with the Metropolitan
Council, hired consultants, Gladstone property and business owners, interested citizens, city
council, and various city commissions and boards.
2.02 Upon completion of the study, it shall be presented to the planning commission and community
design review board for their review and recommendation to the city council.
2.03 A moratorium on development in the Gladstone Neighborhood is adopted pending adoption of the
study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as
deemed necessary as a result of the study by the city council. The city will not approve any
subdivision, design plans or building permit for commercial, institutional, ormulti-family
residential land uses for the exterior construction of new buildings or additions, and freestanding
signs during the moratorium period.
SECTION 3. TERM
3.01 The term of this ordinance shall be for one year or until such time as the city council adopts the
study and any amendments to the city's zoning ordinance, zoning map, or comprehensive plan as
deemed necessary as a result of the study.
SECTION 4. VARIANCES
4.01 Variances from this ordinance maybe granted by the city council based upon a determination that
a proposed subdivision or development would be compatible with proposed land use and zoning,
and that such proposals would keep with the spirit and intent of this ordinance. The procedures to
be followed in applying for a variance from this ordinance shall be in accordance with state law
on findings for variances and shall include the following:
a. The applicant shall file a completed application form, together with required exhibits, to
the Community Development Department.
The application for a variance shall set forth special circumstances or conditions which
the applicant alleges to exist, and shall demonstrate that the proposed subdivision or
development is compatible with existing or proposed land use and zoning.
a The application shall be submitted to the planning commission for their review and
recommendation to the city council.
d. The city council may in its discretion set a public hearing prior to making a final
determination on the requested variance.
e. The city council may impose such restrictions upon the proposed subdivision or
development as maybe necessary to comply with the purpose and intent of this
ordinance.
Seconded by Councilmember Juenemann Ayes-All
City Counci103-08-04 10
Athree-minute break was taken.
I. AWARD OF BIDS
1. Maplewood News City News Publication
a. City Manager Fursman presented the staff report.
b. Parks and Recreation Director Anderson presented specifics from the report.
Councilmember Koppen moved to Award the 2004 Publishing of the Maplewood Ci , News
publication to Nystrom Publishing in the amount of $32,484.00.
Seconded by Councilmember Juenemann Ayes-All
J. UNFINISHED BUSINESS
None
K. NEW BUSINESS
1. Carlton Street Improvements, City Project 03-22 -Resolution Ordering Assessment Roll
Hearing for 7:00, Monday April 12, 2004
a. City Manager Fursman presented the staff report.
b. Assistant City Engineer Cavett presented specifics from the report.
Councilmember Juenemann moved to approve the attached resolution for the Carlton Street
Improvements. Project 03-22 Ordering the Assessment Hearing for 7:00 p.m.. Monday. April 12.
2004:
RESOLUTION 04-03-047
ORDERING ASSESSMENT ROLL HEARING
WHEREAS, the clerk and the engineer have, at the direction of the council, prepared an
assessment roll for the Carlton Street Improvements, City Project 03-22, and the said assessment roll is
on file in the office of the city engineer.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
1. A hearing shall be held on the 12th day of Apri12004, 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.
City Counci103-08-04 11
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 Koppen Ayes-All
2. Proposed Cul-de-Sac west of Germain Street, Project 04-03 -Resolution for Cancellation
of Project
a. City Manager Fursman presented the staff report.
b. Assistant City Engineer presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution for cancellation of the
project for the proposed cul-de-sac west of Germain Street, Project 04-03:
RESOLUTION 04-03-049
CANCELLATION OF CITY PROJECT 04-03
WHEREAS, on January 26, 2004, the council accepted petitions from the two property owners
requesting the construction of a cul-de-sac and associated utilities and services on the property located
west of Germain Street between Sextant and Brooks Avenues, and
WHEREAS, the council approved a resolution ordering the preparation of the feasibility study at
that meeting as well, and
WHEREAS, one of the petitioners for the project has now withdrawn their request for the
preparation of a feasibility study,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA:
That the preparation of a feasibility study for the proposed cul-de-sac west of Germain Street,
Project 04-03, is cancelled.
Seconded by Councilmember Monahan-Junek Ayes-All
3. Ramsey County Suburban Court Facility Site Proposal - 2050 White Bear Avenue
a. City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
a Commissioner Victoria Reinhardt addressed the council.
d. David Twa, Ramsey County Manager, answered staff question.
Councilmember Koppen moved to asree with staffs recommendation to offer a city owned site
to Ramsey County for a possible new suburban court facility.
City Counci103-08-04 12
Seconded by Councilmember Juenemann Ayes-All
4. TaBOR Legislation
a. City Manager Fursman presented the staff report and specifics of the report.
Councilmember Juenemann moved to annrove the draft resolution to oppose tax and expenditure
limitation proposals:
RESOLUTION 04-03-050
A RESOLUTION TO OPPOSE TAX AND EXPENDITURE LIMITATION PROPOSALS
(TaBOR and Similar Proposals)
WHEREAS, the Taxpayers League and others are endorsing proposals to amend the State
Constitution to institute tax and expenditure limitations at the state, and potentially local, levels of
government that could only be overridden by a vote of the people an example of these proposals is the
"Taxpayers Bill of Rights";
WHEREAS, such proposals would tie the hands of state and local leaders in times of crisis and
other unpredictable circumstances, putting state and local governments on "auto pilot' and
circumventing thoughtful consideration of policy decisions;
WHEREAS, such proposals would prevent state and local officials from making the tough
decisions they were elected to make, passing the responsibility for learning all aspects of often complex
issues to citizens who have other jobs and responsibilities;
WHEREAS, amending the constitution is a virtually irrevocable action and should only be
undertaken when legislative remedies have proven inadequate;
WHEREAS, such proposals are unnecessary a "solution in search of a problem" as
demonstrated by lawmakers at both state and local levels of government taking action to deal with one
of the worst budget crises to hit the State of Minnesota and, by result, Minnesota's cities;
WHEREAS, this is further demonstrated by the fact that the state and local spending as a
percentage of personal income has actually declined in recent years, even before the 2003 deficit;
WHEREAS, regardless of whether TaBOR/TELs are applied just to the State or to local
governments as well, these proposals would bring great harm to local communities through continued
reductions in state funding, increases in unfunded State mandates, and, potentially, direct tax and
expenditure limitations at the local level, which would severely erode decision-making at the local level
and the ability to provide the basic services residents and businesses expect and deserve;
WHEREAS, such proposals would force the State, and potentially cities, to spend valuable time
and money asking for permission from the same people who elected them before any action can be taken
on important issues, and would also force taxpayers to pay twice for governance once for elections of
their State and local officials, and again for elections to make the decisions those officials should have
made;
WHEREAS, such proposals contradict the fundamental principles upon which our constitution
and system of government are based that representative, not direct, democracy is the most effective
City Counci103-08-04 13
form of government as it is most likely to result in good public policy;
WHEREAS, those states that have instituted proposals similar to the Taxpayers Bill of Rights,
such as Colorado, now face severe problems in meeting the basic needs of their citizenry;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Maplewood that this
Council believes that state and local elected officials are elected to do a job that job is to represent the
interests of their constituents, to deal with difficult decisions, to thoughtfully debate and determine the
best course of action for the state or the community they serve.
BE IT FURTHER RESOLVED that this Council opposes limits on state and/or local taxes and
expenditures, whether through constitutional amendment or other means, and supports the principle of
representative democracy as the best route to sound public policy.
Seconded by Councilmember Monahan-Junek Ayes- All
L. VISITOR PRESENTATIONS
1. Diana Longrie-Klein-1771 Burr Street, Maplewood, discussed art in parks, the placement
of visitor presentations on the agenda and televising council manager workshops.
M. COUNCIL PRESENTATIONS
1. Newsletter Rotation-Councilmember Monahan-Junek suggested that with the city news
being published 12 times per year, each Councilmember should write two articles a year
and have staff write the other two.
2. Mayor's Form-The Mayor brought up several issues that were raised at the last Mayor's
forum.
3. South End Focus Group-Councilmember Rossbach has nine people currently
participating in a focus group for people who live south of 94 to discuss city issues.
4. N.E.S.T.-Councilmember Koppen discussed the benefits of N.E.S.T. especially during
the MTC bus strike.
5. Ramsey County League of Local Government-Councilmember Juenemann announced at
the April 29, 2004 meeting there will be a tutorial on city, council and school funding.
N. ADMINISTRATIVE PRESENTATIONS
None
O. ADJOURNMENT
Mayor Cardinal moved to adjourn the meeting at 9:03 p.m.
Seconded by Councilmember Koppen Ayes -All
City Counci103-08-04 14