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Home My WebLink About06-23-20080 B Ir Q E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, June 23, 2008 Council Chambers, City Hall Meeting No. 17-08 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:44 p.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 The following items were added, tabled or moved on the agenda G4. Update on the Manager Search — Councilmember Nephew H6. Business Registration — Councilmember Nephew H7. Referendums — Councilmember Rossbach H8. LMC Conference — Mayor Longrie 12. Appointment to the Environmental Commission Tabled until July 14, 2008 — Acting City Manager AN K3. Tabled Carver Crossing Development -Acting City Manager Councilmember Hjelle said because it was 6:45 p.m. he requested to amend item G. until 7:15 p.m. Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes — All APPROVAL OF MINUTES Councilmember Nephew moved to approve the June 9, 2008, Workshop minutes as submitted. Seconded by Councilmember Hjelle. The motion passed. June 23, 2008 City Council Meeting Minutes Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Abstain —Councilmember Juenemann Approval of June 9, 2008, City Council Minutes Mayor Longrie added comments on page 69, middle of page, after the motion was passed. Mayor Longrie requested the additional wording: MayorLongrie felt she was unable to vote for the change without answers to her questions regarding the need for funding, use, the current administrative structure and how it is financed. Councilmember Hjelle moved to approve the June 9, 2008, City Council minutes as amended. Seconded by Councilmember Nephew. Ayes — All The motion passed. VISITOR PRESENTATIONS — PART I Bill Schreiner, 1098 Beaver Creek Parkway, Maplewood. Mr. Schreiner spoke regarding the Beaver Lake CUP and the use of vibratory compaction equipment used with this project which has caused damage to the surrounding homes. (DuWayne Konewko responded to the issues for Michael Thompson, Assistant City Engineer who was absent. Mr. Konewko also displayed some photos on the screen that were taken June 23, 2008, of the safety and silt fence for this project area.) Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick spoke of the amount of debt that the city has. Mr. Zick also requested that the City Manager respond to his request for the Shoreline Protection Act that he requested at the June 9, 2008, council meeting. G. ADMINISTRATIVE PRESENTATIONS Presentation of Previous Landscape/Tree Plan for Beaver Lake Townhomes. a. Senior Planner, Tom Ekstrand presented the report as displaying landscape and tree plans on the screen. Report on LMCIT Guidance on Audit. (Alan Kantrud, City Attorney) a. City Attorney, Alan Kantrud gave the report and answered questions of the council. Cancel Work Session Meeting of Council: June 26, 2008, 5:00 p.m. Report on 2007 City Audit. a. Acting City Manager, Chuck AN stated the final report is not complete so the auditors will give their report at the council meeting on July 14, 2008. 4. Citv Manaaer Search (Councilmember Nephew a. Acting City Manager, Chuck AN gave a report regarding where staff is in the process for searching for a City Manager. There are six search firms; this information will be shared with the council for the July 14, 2008, council meeting. b. City Attorney, Alan Kantrud also commented on this process. (Due to time constraints Council Presentations is moved to the end of the council meeting). H. COUNCIL PRESENTATIONS June 23, 2008 City Council Meeting Minutes 1. Report on Fire Pit Contest — Erik Hjelle 2. Update on Taste of Maplewood — Mayor Longrie 3. Betty Copeland Memorial — Mayor Longrie 4. Update on N.E.S.T. Meeting — Mayor Longrie 5. Beaver Lake Plat Update — Mayor Longrie 6. Business Registration — Councilmember Nephew 7. Referendums — Councilmember Rossbach 8. LMC Conference — Mayor Longrie APPOINTMENTS AND PRESENTATIONS Swearing in of new Maplewood Police Officer Pheng Her. a. Maplewood Police Chief, Dave Thomalla gave the presentation. b. Mayor Longrie administered the Oath of Office to Pheng Her. His wife Natalie pinned his police badge on. Appointment to the Environmental and Natural Resource Commission. Mayor Longrie tabled the Appointment to the Environmental and Natural Resource Commission until July 14, 2008. Seconded by Councilmember Nephew. Ayes — All The motion to table passed. Report on Police Department Activities in 2007 (Presentation/no report). a. Maplewood Police Chief, Dave Thomalla gave the presentation and answered questions of the council. J. PUBLIC HEARINGS Public Hearing and Resolution Giving Approval to the Issuance of Revenue Bonds, Series 2008 for St. Paul HRA (HealthEast Project) a. Finance Director, Bob Mittet gave the report and answered questions of the council. Mayor Longrie opened the public hearing. No speakers came forward Mayor Longrie closed the public hearing. Councilmember Juenemann moved to approve the Resolution Giving Approval to the Issuance of Revenue Bonds, Series 2008 for St. Paul HRA (HealthEast Project). Resolution 08-06-069 June 23, 2008 City Council Meeting Minutes RESOLUTION GIVEN G HOST APPROVAL TO THE ISSUANCE OF FEVE-NT1E BONDS, S=ES 101' US (HEALTHEAST PROJECT) 'WHEREAS, HealthEast- HealthEast Bethesda Hospital, HealthEzast Woodwinds Hospital, HealthEast St- Joseph's Hospital, and HealthEast St. John's Hospital, each a Minnesota nonprofit corporation ("HealthEaX"). have proposed that the Housing. and Redevelopnient Authority of the City of Saint Paul, It (tile "HRAL") issue its tax exempt ievenue bonds in the aggregate principal arnoulit of approxiniately $20,OWOOO (the "Re,-enue Bonds") to finance certain facilities located in the Cities of Saint Paul, Maplewood and Woodbury, Minnesota AVHEREAS, tile project to be financed by the Revenue Bonds will be used to finance facilities located in Cin, of Sairit Paul- Nfinnesota ("Saint Paul - the City- of Maplewood - Minnesota ("Maplewood") and the Cin- of 'Woodbur-y- Minnesota f"Woodbur-,"). The capital expenditures located ill Saint Paul consist of capital equipluent to be installed at facilities located at HealthEast St. Joseph's Hospital ill &-tint Paul- The, capital expenditures located ill Maplewood consist of a PET CT Scan nen and cardiac bi-planing systern located at HealthEast St. Johri's lnMaple wood . The capital expenditures located in Woodbur,,, consist of a cardio iniagnig systera located at HealthEast Woodwinds Hospital in Wooclbur-'-, Minnesota. WKEREAS7 Section 147(f) of the Internal Revenue Code of 1986 as aineridect, and Minnesota law require, that each inunicipality in which facilities to be financed by= the Revelitre Bonds are localeonlust approve tire issuance of the Donis folio-wilig a public hearing; 'VVHEREAS- a public hearing on the issuance of the Revenue Bonds to finance the Project was held by the Cim- of N-laplewood ori this date; and W'HEREAS, the Bonds are pavable solely hoin revenues, of HealthEast, -will not be a general or inoral obligation of the City of Maplewood- the HRA, the City of Woctdbuirof army- other political subdivision but will be payable solely from revenues of HealthEast to the extent and in the manner pro-'-ided ill the documents executed in connection with the issuance of the Bonds. NOIN", THEREFORE, BE IT RESOLIVED by tile City Council of the City of Maplewood that the City hereby gives the host approval required under the Internal Revenue Code to the issuatice of tile Bonds and consents to the issuance of the Revenue Bonds, under Minnesota law. The motion for the adoption for the foregoing resolution was made by Councilmember Juenemann and Seconded by Councilmember Hjelle, and upon vote being duly taken thereon, the following voted in favor thereof: June 23, 2008 4 City Council Meeting Minutes Whereupon said resolution was declared duly passed and adopted this 23rd day. of Ruie 2005_ Mayor ;"attest: City C'lerl< STATE OF INIE `T ESOTA } 55 C,OL" STY OF RAIVISEY ) } CITY OF -.I A.FLEWOOD I the undersigned, being the cluly qualified City Clerk of the Cit% of Maplewood_ Nlninesota. do herebq certifv that I have carefully compared the attached and foiegoin¢ eopv of Resolution moo. of said C'in, of Maplewood with the original thereof on file in inyy office, and the sante is a full, true and complete cola}• of said Resolution -Na WITN7ESS MY HAND as such this day- of June, 200 S. City Clerk Seconded by Councilmember Hjelle. Ayes — All The motion passed K. UNFINISHED BUSINESS 1. Beam Avenue Improvements, City Project 07-26, Resolution Adopting Revised Assessment Roll. a. Deputy Public Works Director, DuWayne Konewko gave the report. b. Acting City Manager, Public Works Director, Chuck AN answered questions of the council. Mayor Longrie asked if any citizens wanted to speak regarding this item. Madonna Hawthorne, 2030 Beam Avenue, Maplewood. Ms. Hawthorne asked for clarification regarding the senior citizen financial hardship deferral. June 23, 2008 5 City Council Meeting Minutes Councilmember Juenemann moved to approve the Beam Avenue Improvements, City Prosect 07- 26, Resolution Adopting the Revised Assessment Roll. RESOLUTION 08-06-070 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on June 9th, 2008, the assessment roll for the Beam Avenue Improvements, City Project 07-26, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, eight property owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 02.29.22.42.0111 - William Greifzu; 2032 Beam Avenue Mr. Greifzu objects to the assessment based upon a senior citizen financial hardship deferral. 2. Parcel 02.29.22.42.0112 - Madonna Hawthorne: 2030 Beam Avenue Ms. Hawthorne objects to the assessment based upon a senior citizen financial hardship deferral and requests a cancellation of assessment. 3. Parcel 02.29.22.42.0005 - Eugene Radermacher; 2120 Beam Avenue Mr. Radermacher objects to the assessment and requests a cancellation of the storm sewer assessment. 4. Parcel 02.29.22.13.0039 — Jacqueline Henderson, 2109 Beam Avenue Ms. Henderson requests a revision to the assessment for storm sewer. She says that she paid for storm sewers when she purchased the property. She is the home's original owner. 5. Parcel 02.29.22.13.0036 — Clayton and Bonnie Qualley, 2089 Beam Avenue Mr. and Mrs. Qualley object to the assessment based upon a senior citizen financial hardship deferral. 6. Parcel 01.293.22.23.0024 — Edward Doberstein. 2329 Beam Avenue Mr. Doberstein objects to the assessment based upon a senior citizen financial hardship deferral and requests a cancellation or revision of assessment. Mr. Doberstein feels that the large majority of traffic on Beam Avenue is not generated by the neighborhood. The main beneficiaries of the road improvements are the owners and customers of Maplewood Mall, and therefore they should be assessed for the improvements. Parcel 01.29.22.23.0025 — Henry Bomersine, 2321 Beam Avenue Mr. Bomersine objects to the assessment based upon a senior citizen financial hardship deferral and requests a revision of assessment. He feels that the cost seems excessive compared to the cost of the street behind him. Parcel 01.29.22.24.0101 — Aaron and Bonnie Martin, 2899 Bellaire Avenue Mr. and Mrs. Martin request a revision to their assessment. They were told that the previous owners of the property were assessed for work on both Bellaire and Beam. Their home does not face Beam Avenue, so they do not feel they should be assessed for it. They also feel that Beam is used by many people who do not live on the road. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments June 23, 2008 City Council Meeting Minutes to the assessment roll for the Beam Avenue Improvements, Project 07-26: 1. Parcel 02.29.22.42.0111 - William Greifzu; 2032 Beam Avenue: Mr. Greifzu objects to the assessment based upon a senior citizen financial hardship deferral. Staff recommendation is to grant the senior citizen financial hardship deferral upon approval of necessary paperwork. 2. Parcel 02.29.22.42.0112 - Madonna Hawthorne; 2030 Beam Avenue Ms. Hawthorne objects to the assessment based upon a senior citizen financial hardship deferral and requests a cancellation of assessment. Staff recommendation is to grant the senior citizen financial hardship deferral upon approval of necessary paperwork. Staff recommends that the request for a cancellation of assessment be denied as the property is receiving benefit from the project and the assessment is consistent with the approved 2008 assessment rates. 3. Parcel 02.29.22.42.0005 - Eugene Radermacher; 2120 Beam Avenue Mr. Radermacher objects to the assessment and requests a cancellation of the storm sewer assessment. Staff recommends that the request for a cancellation of assessment be denied as the property is receiving benefit from the project and the assessment is consistent with the approved 2008 assessment rates. City records indicate that this property has not paid a storm sewer assessment in the past and there is no record of a past developer agreement releasing homeowners of this city assessment. 4. Parcel 02.29.22.13.0039 — Jacqueline Henderson, 2109 Beam Avenue Ms. Henderson requests a revision to the assessment for storm sewer. She says that she paid for storm sewers when she purchased the property. She is the home's original owner. Staff recommendation is to deny the revision of assessment as City records indicate that this property has not paid a storm sewer assessment in the past and there is no record of a past developer agreement releasing homeowners of this city assessment. 5. Parcel 02.29.22.13.0036 — Clayton and Bonnie Qualley, 2089 Beam Avenue Mr. and Mrs. Qualley object to the assessment based upon a senior citizen financial hardship deferral. Staff recommendation is to grant the senior citizen financial hardship deferral upon approval of necessary paperwork. 6. Parcel 01.293.22.23.0024 — Edward Doberstein, 2329 Beam Avenue Mr. Doberstein objects to the assessment based upon a senior citizen financial hardship deferral and requests a cancellation or revision of assessment. Mr. Doberstein feels that the large majority of traffic on Beam Avenue is not generated by the neighborhood. The main beneficiaries of the road improvements are the owners and customers of Maplewood Mall, and therefore they should be assessed for the improvements. Staff recommendation is to grant the senior citizen financial hardship deferral upon approval of necessary paperwork. Staff recommends that the request for a revision or cancellation of assessment be denied as the property is receiving benefit from the project and the assessment is consistent with the approved 2008 assessment rates. 7. Parcel 01.29.22.23.0025 — Henry Bomersine, 2321 Beam Avenue Mr. Bomersine objects to the assessment based upon a senior citizen financial hardship deferral and requests a revision of assessment. He feels that the cost seems excessive compared to the cost of the street behind him. Staff recommendation is to grant the senior citizen financial hardship deferral upon approval of necessary paperwork. Staff recommends that the request for a revision of assessment be denied as the property is receiving benefit from the project and the assessment is consistent with the approved 2008 assessment rates. 8. Parcel 01.29.22.24.0101 — Aaron and Bonnie Martin. 2899 Bellaire Avenue Mr. and Mrs. Martin request a revision to their assessment. They were told that the previous owners of the property were assessed for work on both Bellaire and Beam. Their home does not June 23, 2008 City Council Meeting Minutes face Beam Avenue, so they do not feel they should be assessed for it. They also feel that Beam is used by many people who do not live on the road. Staff recommends that the request for a revision of assessment be approved upon documentation from the homeowner of payment of a past assessment. But according to city records in the area, the Bellaire Avenue Improvement of 1995, City Project 95-18 encompassed the west side of Bellaire Avenue between Beam Avenue and Lydia Avenue, the corner properties were never assessed for improvements benefiting the properties, anticipating assessments for improvements to the adjacent streets (Beam Avenue and/or Lydia Avenue). This property therefore according to city files has not paid an assessment but staff is recommending approval if the homeowner produces the documents referred to in the objection. B. The assessment roll for the Beam Avenue Improvements, City Project 07-26, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2009 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. E. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 1 't, 2008, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 23d day of June 2008. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Upper Afton Road Improvements, City Project 07-27, Resolution Adopting Revised Assessment Roll. a. Assistant Deputy Public Works Director, DuWayne Konewko gave the report and answered questions of the council. b. Acting City Manager, Public Works Director, Chuck AN answered questions of the council. c. Sean Kiger spoke regarding an assessment check he had been discussing with Assistant City Engineer, Michael Thompson who was absent this evening. DuWayne Konewko stated he would get back to Mr. Kiger in the morning regarding the status of his assessment check. June 23, 2008 City Council Meeting Minutes Councilmember Nephew moved to approve the Upper Afton Road Improvements, City Project 07-27, Resolution Adopting the Revised Assessment Roll. RESOLUTION 08-06-071 ADJUSTMENTS TO ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on June 9th, 2008, the assessment roll for the Upper Afton Road Improvements, City Project 07-27, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, one property owner filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. Parcel 01.28.22.14.0005 — Sean Kiger and Rich Luhrs of Hogda LLC; 9 Century Avenue North Mr. Kiger and Mr. Luhrs object to the assessment because they are concerned about possible conflicts between Ramsey County road projects and City of Maplewood road projects. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the Upper Afton Road Improvements, Project 07-27: 1. Parcel 01.28.22.14.0005 — Sean Kiger and Rich Luhrs of Hogda LLC; 9 Century Avenue North Mr. Kiger and Mr. Luhrs object to the assessment because they are concerned about possible conflicts between Ramsey County road projects and City of Maplewood road projects. Staff recommendation is to grant the revision of assessment as this property, which has 125 LF of frontage on Upper Afton Road, will receive full benefit as part of the Century Avenue Improvements, City Project 03-15. The assessment amount will be reduced in full and added onto the preliminary assessment for City Project 03-15. F. The assessment roll for the Upper Afton Road Improvements, City Project 07-27, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. G. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2009 and shall bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2008. To each subsequent installment when due shall be added interest for one year on all unpaid installments. H. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 1, 2008, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the office of the city engineer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after October 1, 2008, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15 or interest will be charged through December 31 of the next succeeding year. I. The city engineer and city clerk shall forthwith after October 1, 2008, but no later than November 1 't, 2008, transmit a certified duplicate of this assessment to the county auditor to be June 23, 2008 City Council Meeting Minutes extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. Adopted by the council on this 23d day of June 2008. Seconded by Councilmember Juenemann. Ayes - All The motion passed. 3. Carver Crossing Development — Consider Resolution Approving Development Contract with CoPar for Settlement of Litigation and Approval of Development Plan. a. Acting City Manager, Chuck AN gave the report. Councilmember Nephew moved to table the Carver Crossing Development — Consider Resolution Armrovina Development Contract with CoPar for Settlement of Litiaation and Approval of Development Plan Seconded by Councilmember Juenemann. Ayes — All The motion to table passed. 4. County Road D Improvements (Southlawn to TH 61) — City Project 02-07 — Consider Report from Ramsey County Regional Rail Authority to extend purchase rights for BNSF Corridor. a. Acting City Manager, Chuck AN gave the report. b. City Attorney, Alan Kantrud spoke regarding the report. Councilmember Juenemann moved to approve the County Road D Improvements (Southlawn to TH 61) — City Proiect 02-07 — Consider Report from Ramsev Countv Reaional Rail Authority to extend purchase rights for BNSF Corridor. Seconded by Councilmember Nephew. Ayes — All The motion passed. 5. Dangerous Dog Ordinance (First Reading) a. Maplewood Police Chief, Dave Thomalla gave the report. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Nephew moved to approve the First Reading Dangerous Dog Ordinance with revisions discussed at the council meeting. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 6. Consider Approval of Amendment with McCoombs, Frank, Roos and Associates for Updates to Comprehensive Plan Preparation Services. a. Acting City Manager, Chuck AN gave the report and answered questions of the council. b. Rose Lorsung, Senior Planner with (MFRA) reported and answered questions of the council. June 23, 2008 10 City Council Meeting Minutes Councilmember Rossbach moved to approve the Acting City Manager, Chuck AN to extend the agreement for completion of the Comprehensive Plan with McCombs Frank Roos and Associates (MFRA) at a cost of $28,420 for Phase III, Implementation, for the Land Use Component of the Comprehensive Plan. Seconded by Councilmember Hjelle. Ayes — All The motion passed. L. NEW BUSINESS Silver Lake Herbicide Treatment Funding Request. a. Environmental Planner, Shann Finwall gave the presentation and answered questions of the council. b. Dr. Mike Manthei, President, Silver Lake Improvement Association, Inc. commented on this item and stated he had given information regarding these concerns to Mr. Konewko. C. Acting City Manager, Public Works Director, Chuck AN answered questions of the council. d. Chair of the Parks Commission, Peter Fischer shared comments from the Parks Commission. e. Lincoln Fetcher, President, Valley Branch Watershed District shared his comments regarding this topic and answered questions of the council. f. City Attorney, Alan Kantrud answered questions of the council. Councilmember Rossbach moved to approve the Silver Lake Herbicide Treatment Funding Request, which represents the city's 27.5 percent share of the shoreline ($16,500 X .50= $8,250). One half of those funds should come from the Environmental Utility Fund and the other one half should come from Parks Maintenance or Recreational Funds. Further adding that the funding is for one year only and that future funds will be conditioned and documented on additional lake studies and stormwater best management practices being implemented by the Silver Lake homeowners. Councilmember Juenemann made a friendly amendment clarifing that the funding is for one year only and that future funds will be conditioned and documented on additional lake studies and stormwater best management practices being implemented by the Silver Lake homeowners. Councilmember Rossbach accepted the friendly amendment. Mayor Longrie stated for the record she would have preferred to see the studies and the chemistry that have been discussed this evening. Mayor Longrie said she has a double major in chemistry and biology. (Someone in the audience shouted that this information is available online.) However, Mayor Longrie stated she wanted to see this information before voting so she could better understand things. Mayor Longrie was concerned about where the financing would come from. She thinks the idea of having different associations such as lake associations coming to the City of Maplewood and applying for charitable gambling funds looking for money will be common. Mayor Longrie said this is the opening of the public policy. She would like to be a voting member so the city can be partners. Without that the city is just a money bag. These are the types of things that she weighs and balances when voting. She felt she didn't have the appropriate information to make a good, balanced, and informed decision. She is concerned about the chemicals that were put in the lake last year and the impact on the lake. Now those chemicals aren't allowed. These are the questions she hasn't heard answers for. June 23, 2008 11 City Council Meeting Minutes Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, Councilmember Hjelle At 9:50 p.m. the council took a 10 -minute break. The council reconvened at 10:00 p.m. 2. Council Consideration of Improvements to Joy Park. a. Deputy Director of Public Works, DuWayne Konewko gave the presentation and answered questions of the council. b. Chair of the Parks Commission, Peter Fischer gave the comments from the Parks Commission as well his own opinion regarding Joy Park. C. Maplewood Police Chief, Dave Thomalla answered questions of the council regarding crime at Joy Park. d. Acting City Manager, Chuck AN answered questions of the council. Councilmember Nephew moved to approve Funding for PAase4 Activity 1 and Activity 2 to include engineering work necessary for the Lake Links Trail Connection and other appropriate materials and Implementation of Joy Park Master Plan with $200,000 from CIP #PM03.060 (Joy Park Improvements and $50,000 from CIP #PM07.100 (Parks Trail Development). Also recommending authorization to enter into a Contract with SEH for the Engineering, Survey Work, Geotechnical Analysis, and Construction documents associated with the development of these outcomes in an amount not to exceed $60,000. Recommendations for Phase II and Phase III will be presented at a future city council meeting by staff. Councilmember Nephew amended his motion to include Activity 2 to include engineering work necessary for the Lake Links Trail Connection and other appropriate materials. Seconded by Councilmember Juenemann. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle Councilmember Nephew moved to request that staff talk to the City of North St. Paul to see what their range of interest is with Joy Park. Seconded by Mayor Longrie. Mayor Longrie asked Councilmember Nephew for clarification whether he meant to have a Joint Powers Agreement or if he meant to transfer Joy Park to the City of North St. Paul because if he only meant to transfer ownership of Joy Park then she said she wanted to withdraw her motion as the seconder. June 23, 2008 12 City Council Meeting Minutes Councilmember Nephew clarified that he made a motion to ask staff to talk with the City of North St. Paul to see what the City of North St. Paul's range of interest was regarding a Joint Powers Agreement and/or in transferring ownership of Joy Park to the City of North St. Paul. Mayor Longrie withdrew her motion as the seconder. Councilmember Rossbach seconded the motion. Aye — Councilmembers Juenemann, Nephew & Rossbach Nav — Mayor Longrie Councilmember Hjelle Mayor Longrie wanted it noted for the record that her Nay vote was because she did not want to transfer ownership of Joy Park to the City of North St. Paul and she was only agreeable to the Joint Powers Agreement. The motion passed. 3. Council Consideration for the use of CIP Funds for Trail and Restoration Work at Applewood Preserve. a. Assistant Deputy of Public Works, DuWayne Konewko gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Nephew moved to approve TrailSource, LLC as the contractor for the installation of the sustainabilitv trail at Apmlewood Neiahborhood Preserve for $19.975.00. Also recommending approval to use the remaining $30,000 of the CIP funds for restoration projects at the preserve. The CIP monies for the trail and restoration work are located in project number PM08.030 in the 2008 - 2012 City of Maplewood Capital Improvement Plan. Seconded by Councilmember Juenemann. Ayes — Mayor Longrie, Councilmember Juenemann, Nephew & Rossbach Abstain — Councilmember Hjelle The motion passed. 4. Consider Approval of Labor Agreement between City of Maplewood and Law Enforcement Labor Services, Local #153 for 2008. a. City Attorney for Labor Relations, Chuck Bethel gave the report and answered questions of the council. b. Maplewood Police Chief, Dave Thomalla answered questions of the council. Councilmember Juenemann moved to approve the contract with the Police Officers Union — Law Enforcement Labor Services Inc. (Local 153) and the Citv of Maplewood for the vear 2008. (The Agreement is 23 pages long and can be seen in the staff report). Seconded by Councilmember Hjelle. Ayes — All The motion passed. 11:00 p.m. curfew June 23, 2008 13 City Council Meeting Minutes Councilmember Rossbach moved to continue the council meeting through the Consent Agenda. Seconded by Councilmember Nephew. Ayes — Councilmembers Hjelle, Nephew & Rossbach Nays — Mayor Longrie Councilmember Juenemann The motion to continue passed. 5. U.S. Mayor's Climate Protection Agreement. a. Environmental Planner, Shann Finwall gave the report and answered questions of the council. b. Julie Smendzuik-O'Brien, Maplewood Resident and Ph.D. student at Fielding Graduate University addressed and answered questions of the council. Mayor Longrie requested these statements be added for the record: These are the motions Mayor Longrie would make that are within the city's power as the city moves forward in the planning process. Mayor Longrie said her first motion would be to direct staff to include in the 2009 budget money to complete number 1 of the agreement exactly as Mr. Nephew discussed so we are able to understand the base line. A second motion would be to direct staff to include initiatives to use solar energy in the 2009- 2013 capital improvement plan; which the city is in the process of completing. Mayor Longrie recommending putting money into capital improvements to go and do what the city needs for the roof, put those solar panels on, and work with Ramsey County and Victoria Reinhardt to use wind turbine which she said she is interested in doing. A third motion would be to direct staff to see that all capital purchases be evaluated, using the principles of this agreement, as part of the staff report when they come to the council and ask for council approval. A fourth motion would be to direct staff that all public works projects be evaluated, using the principles used in the agreement, and present that to the council prior to requesting approval, because this agreement talks about bicycle trails on street and off street. So many things the city does in public works projects could incorporate much of what is in this agreement. Maybe it's time for the city to look at using concrete in the street projects rather than using bituminuous. Maybe the time is now to go that next step, with the high prices of bituminuous. Finally, perhaps the city should look at building operations setting the temperature to 65 degrees in the winter and 80 degrees in the summer to save on energy. Councilmember Nephew moved to approve the U.S. Mayor's Climate Protection Agreement. This agreement commits the city to reducing emissions and pollution by taking actions in city operations and the community that will achieve these goals. Furthermore, a city council workshop should be scheduled to determine an action plan for implementing the Climate June 23, 2008 14 City Council Meeting Minutes Protection Agreement. The council workshop should enact an action plan and the council should make a commitment to take action and make a difference. Councilmember Nephew amended his motion requesting that staff bring this back as an agenda item for the next council meeting to discuss ways to implement this process along with the fact that the council would like the auantification of this to be in the plan for 2009. Councilmember Rossbach made a friendly amendment that this be a city council workshop; not added to the agenda for the next council meeting. Councilmember Nephew accepted the friendly amendment. Mayor Longrie said she would accept the friendly amendment as long as the council workshop is to work towards having an action plan and that the council makes the commitment to do something and make a difference. This friendly amendment was accepted by councilmembers. June 23, 2008 15 City Council Meeting Minutes The U.S. Mayors Climate Protection Agreement n Dr"d v th44 73" &.nnual U.S. Confckrancg of 14arvors meati -. A. We urge the federa Rovernm ent anc: state governments to enact policies anti prop. rarn s to meet or beat the target of reducing global warining pollutior level-, to 7 percent :)e1ovj, 1990 levels by 2012, inCl Lid ing efforts to: reduce the ie United States' dependence on fossil fuels and accelerate the development of c I e a i, economical energy resources and fuelefficient technologies such as rcmsprvaticrn, riletharle recovery for energy generation, waste to energy, wind and solar en erg, fuel cel mo Is, efficient tor vehicles, Y and b'ofuels; B. We urge the U.S. Congress to pass bioartisai greenhouse gas reduction legislation that 1) includes clear timetables and emissions linnets and 2) a flexible, market-based :system of ttadaDlo alloviances :among Prnittin.-, industries, and C'. Ole will strive to rneet Or exceed Kyoto Protocol targets for reducirg global war'ning :)CdlLltic)n by taking actions in our ov)n operations and communities such as: 1. Irventory global warming erriss!Dns in City operations and in the contrilUrity, set reduction targets and create ar action plan. 2. Adopt and enforce land -use policies that reduce sprawl, preserve open space, and create compact, %valkable urban communities; 1 Promote transportation options such as bicycle trails, cominute trip reducton programs, incentives for cat pooling and public transit; 4. Ircrease the use of clear, alternative energy by. for example, investing it ,,green tags", advocating for the development of renewable energy resources, recovering landfill methane for energy productior, and supporting the use of waste to energy technology, 5. Make energy efficiency a priority through building code improvements, retrofitting city facilities e4th energy efficient lighting and urging employees to conserve energy and save money; 15. Purchase only Energy Star equipment and appliances for City use; T Practice and promote sustainable building practices using the U.S. Green Building Council's LEER program or a similar system; S. Ircrease the average fuel efficiency Of Municipal fleet vehicles; reduce the number of vphic-ps; launch an ernpInyep education prograrn including anti- idlirg messages; convert diesel vehicles to bio diesel; 9. Evaluate opportunities to increase pump efficiency in %statcr and wafteviater system s; recover tseastevqater treatment methane for energy production; 10. Increase recycling rates in City operations and in the community; 11. Maintain healthy urban: forests; promote tree planting to increase shading and to abrnrb CO21, and 12. Help educate the public, schools, otherjurisdictions, professional associations, business and industry about reducing global vian-ning polluton. June 23, 2008 16 City Council Meeting Minutes The V.S. Conference of May ors Climate Protection Agreement — Signature Page Y011 Ital e illy Support for the .flay orClimate Protection Agreement. Date! %favor: Si2natllrc: Address: City; Mayor's e-luail! Staff Contact Name: Staff contact Staff Ploalle: Staff e-mail! statc: Zip: Please idd my comments in support Of the NfaYOVS Climate Prated on Ageement. IV, -,will add these to the -Webwite plea=e 1ettlrn Completed form at your carp -cit coin enieuce to: The U.S. Conference of Nfavors Climate Protection Center By Mail: FortIdditiOT1,91 ifflOfolali011. C0IITICt tti®G I Streat, NW Kevio. %>-CCrtv Wasliinztcn. DC 20006 101-ic C It la vor s. of _0 By (202) 2313-2352 {202}861-572, June 23, 2008 17 City Council Meeting Minutes Seconded by Councilmember Rossbach. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Ng L— Councilmember Hjelle 6. Discussion of 2008 Budget Decisions and Hiring Delays. a. Acting City Manager, Chuck AN gave the report and answered questions of the council. b. Maplewood Police Chief, Dave Thomalla answered questions of the council. Councilmember Hjelle moved that the council direct the Acting City Manager to hire the additional police officer allocated in the 2008 budget, and directs the Acting City Manager to maintain the authorized number of Maplewood Police Officers without delay, and further directs that the Acting City Manager have no reductions in the number of police officers and firefighters under any circumstances. Seconded by Mayor Longrie. The motion failed. Ayes — Mayor Longrie, Councilmember Hjelle Nays — Councilmembers Juenemann, Nephew & Rossbach Councilmember Nephew moved to direct the Acting City Manager, Chuck AN to hire the additional police officer allocated in the 2008 budget by the end of the year making a total of 55 Maplewood Police Officers. Which shouldalso be retalnedin the2009budgget. Including no reduction in full-time firefighters, maintaining the 13 full-time firefighters that the City of Maplewood currently has. Seconded by Councilmember Rossbach. Councilmember Hjelle made a friendly amendment to include no reduction in full-time firefighters maintaining the 13 full-time firefighters that the City of Maplewood currently has. Councilmember Nephew accepted the friendly amendment. Councilmember Rossbach accepted the friendly amendment. Seconded by Councilmember Rossbach. The motion passed. June 23, 2008 City Council Meeting Minutes Ayes — Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Nay — Councilmember Juenemann 18 Approval of Claims. Mayor Longrie was questioning an entry in the Check Register, Check # 75735 for Berbee Information Networks, Smartnet for Pix -515E -R -Bun for $6,989.50 and asked if this was a contract agreement and whether or not this had been approved by the city council because she didn't recognize it. Mr. Mittet said he believed that was a once a year maintenance agreement cost and he wasn't sure this had been approved by the council. Mayor Longrie requested Mr. Mittet to send her an email regarding this Check Entry concern. Councilmember Rossbach moved Approval of Claims. ACCOUNTS PAYABLE: $ 339,264.54 Checks # 75665 thru # 75724 Dated 6/10/2008 $ 341,073.81 Disbursements via debits to checking account Dated 05/30/08 thru 06/05/08 $ 241,404.35 Checks # 75725 thru # 75782 $ 213,813.79 Disbursements via debits to checking account Dated 06/06/08 thru 06/12/08 $ 1,135,556.49 Total Accounts Payable PAYROLL $ 474,449.74 Payroll Checks and Direct Deposits dated 06/13/08 $ 3,907.03 Payroll Deduction check #1005373 thru #1005375 Dated 06/13/08 $ 478,356.77 Total Payroll $ 1.613.913.26 GRAND TOTAL Seconded by Councilmember Nephew. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle Councilmember Hjelle said he voted Nay because of the past retro pay raises. Mayor Longrie said she voted Aye because she requested that Mr. Mittet send her an email in response to her concern for the entry in the Check Register. M. CONSENT AGENDA June 23, 2008 19 City Council Meeting Minutes 1. Councilmember Hjelle moved to approve items 2 — 8. Seconded by Councilmember Nephew. Ayes — All The motion passed. Councilmember Nephew moved to approve item 1. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Councilmember Juenemann moved to approve item 9. Seconded by Councilmember Rossbach. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle 1. Councilmember Nephew moved to approve the Purchase of 25 Mobile Digital Laptops from Compar in the amount of $97,320.07 for the Fire Department. a. Maplewood Fire Chief, Steve Lukin answered questions of the council. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Councilmember Hjelle moved to approve the Frost/TH 61 Improvements, City Project 07- 30, Approval of Cooperative Agreement with Ramsey County and direct the Mayor and City June 23, 2008 20 City Council Meeting Minutes Manager to sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. Parkway Drive at T.H. 61 S.A.P. 62-627-05 M.S.A. P. 138-020-035 Attachments: Engineers Estimate RAMSEY COUNTY COOPERATIVE AGREEMENT WITH CITY OF MAPLEWOOD Estimated Amount Payable to Maplewood County State Aid Funds: Traffic Signal System $57,875.00 EVP $ 2,500.00 Temporary Signal $ 6,250.00 Subtotal $66,625.00 Engineering (8%) $ 5,330.00 Total $71,955.00 THIS AGREEMENT, by and between the City of Maplewood, a municipal corporation, hereinafter referred to as the "City," and Ramsey County, a political subdivision of the State of Minnesota, hereinafter referred to as the "County"; WITNESSETH: WHEREAS, the City and the County desire to reconstruct Parkway Drive at Trunk Highway 61; and WHEREAS, Parkway Drive at Trunk Highway 61 is designated County State Aid Highway 27, respectively; and WHEREAS, Parkway Drive at Trunk Highway 61 is in the City; and WHEREAS, preliminary studies and reports conducted by the City and County indicate that it is feasible, practical, and technically proper to provide for the Parkway Drive at Trunk Highway 61 reconstruction; and WHEREAS, the City has prepared or will prepare the necessary designs, plans, specifications, estimates, proposals and approvals in accordance with funding requirements to take bids for this project; and WHEREAS, this project has been designated as eligible for CSAH and MSA funds, reimbursement as S.A.P. 62-627-05, M.S.A.P. 138-020-035; and WHEREAS, plans for this project provide for the reconstruction of the existing Parkway Drive at Trunk Highway 61; and WHEREAS, plans for this project S.A.P. 62-627-05, M.S.A.P. 138-020-035 proposed reconstruction, alignment, profiles, grades, and cross-sections for the improvement of County State Aid Highway 27 within the limits of the City have been presented to the City; and WHEREAS, the grading provisions require acquisition of certain right of way and temporary construction and slope easements prior to construction; and WHEREAS, the project includes, in addition to other things, grading, paving, concrete curb and gutter, storm sewers, traffic control signals and street lights; and WHEREAS, the City will take bids for the project, prepare an abstract of bids and cost participation summary, award a contract and pay the contractor from State Aid and Municipal State Aid Highway funds identified for the project. NOW. THEREFORE. IT IS HEREBY MUTUALLY AGREED AS FOLLOWS: 1. Upon award of a construction contract the City shall perform or contract the performance of the project management. June 23, 2008 21 City Council Meeting Minutes 2. The City shall acquire and pay for all rights of way and easements required for the construction of the project within the grading limits of the plan. Any rights of way that cannot be negotiated will be acquired through eminent domain proceedings. 3. All County owned rights of way and easements within the limits of the project for roads, utilities and stormwater are hereby granted to the City for project use during construction. 4. All Parkway Drive at Trunk Highway 61 rights of way and temporary easements will be in the name of the County, and parking and other regulations will be controlled by the County. 5. The County and City shall participate in the costs of construction in accordance with the adopted Ramsey County Public Works cost participation policy. 6. The estimated construction cost of items is $550,657.45. The costs will be paid by a combination of County State Aid Highway funds and Municipal State Aid Highway funds. 7. Upon completion of the project, the County shall own and maintain the storm sewer catch basins and leads on its County roads and the City shall own and maintain the storm sewer trunk lines within the City. Laterals and drains servicing property within the City outside the road right of way shall also be owned and maintained by the City. 8. The County shall pay 25% of the cost of the traffic control signal system Parkway Drive at Trunk Highway 61. 9. The County shall pay 25% of the cost of the Emergency Vehicle Preemption (EVP) on the traffic signals at the intersections of Parkway Drive at Trunk Highway 61. 10. The County shall pay 25% of the cost of the temporary signal system at the intersections of Parkway Drive at Trunk Highway 61. 11. The County shall reimburse the City eight percent (8%) of its share of the construction cost, as determined at the time of contract award as an engineering fee. 12. Quantity distributions identified above are shown in the Statement of Estimated Quantities in the plans. Estimated costs are identified in the Engineers Estimate attached hereto as Attachment A. Actual costs shall be based on the contractor's unit prices and the quantities constructed. 13. All liquidated damages assessed the contractor in connection with the work performed on the project shall result in a credit shared by the City and the County in the same proportion as their respective total share of construction costs to the total construction cost without deduction for liquidated damages. 14. The City shall not assess or otherwise recover any portion of its cost for this project through levy on County -owned property. 15. The City shall, when a construction contract is proposed to be awarded, prepare a revised estimate and cost participation breakdown based on construction contract unit prices and submit a copy to the County. 16. Upon substantial completion of the work, the City shall prepare a revised estimate of cost participation breakdown based upon the contract unit prices and the actual units of work estimated to have been performed and submit a copy to the County. The engineering costs to be paid to the City by the County shall be based on this estimated final construction cost. The County shall add to the City's estimated final construction costs the engineering costs, make necessary adjustments for liquidated damages, if any, and deduct County funds previously advanced for the project by the City. The City June 23, 2008 22 City Council Meeting Minutes agrees to pay to the County any amounts due. In the event the calculations show that the County has advanced funds in greater amount than is due the City, the City shall refund the amount to the County without interest. 23. The City and County shall indemnify, defend and hold each other harmless against any and all liability, losses, costs, damages, expenses, claims, or actions, including attorney's fees, which the indemnified party, its officials, agents, or employees may hereafter sustain, incur, or be required to pay, arising out of or by reason of any act or omission of the indemnifying party, its officials, agents or employees, in the execution, performance, or failure to adequately perform the indemnifying party's obligation pursuant to this Agreement. Nothing in this Agreement shall constitute a waiver by the County or the City of any statutory or common law immunities, limits, or exceptions on liability. 24. This Agreement shall remain in full force and effect until terminated by mutual agreement of the City and the County. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OF MAPLEWOOD a Its By Its Date Approved as to Form: City Attorney Seconded by Councilmember Nephew. The motion passed. THE COUNTY OF RAMSEY By Chair Board of County Commissioners Attest: Chief Clerk -County Board Date Approved as to Form: Assistant County Attorney Recommended for Approval: Kenneth G. Haider, P.E. Public Works Director and County Engineer Ayes — All 3. Councilmember Hjelle moved to approve the Supplemental Agreement No. 1 with Ramsey County for the White Bear Avenue Improvements (Radatz to Buerkle). City Project 02-21. and direct the Mayor and City Manager to sign the agreement signifying city council June 23, 2008 23 City Council Meeting Minutes approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. SUPPLEMENTAL AGREEMENT NO. 1 FOR COOPERATIVE AGREEMENT 2007-02 BETWEEN RAMSEY COUNTY AND CITY OF MAPLEWOOD WHEREAS, Ramsey County ("County") and Maplewood ("City") entered into Professional Services Agreement Number PW2007-02, approved February 13, 2007 for Preliminary Engineering for White Bear Avenue/1-694 Interchange and White Bear Avenue (Buerkle Road to Radatz Avenue) for Concept Layout, Freeway Modeling, Interchange Access Request, Environmental Assessment (EA/EAW) Right of Way Plan ("Agreement"), to be provided as a maximum not -to -exceed amount of $535,738; and WHEREAS, The parties wish to amend the Agreement for additional preliminary engineering services necessary to complete the preliminary phase of the project; and WHEREAS, Kimley Horn has prepared a proposal dated May 15, 2008 for the additional work on a time and materials basis up to a not to exceed cost of $87,000; NOW THEREFORE, The Parties agree to amend the Agreement as follows: Scope of Services The Contractor will provide additional preliminary engineering services in relation to scope as follows: a) Prepare a drainage study to include the existing storm sewer system on Beam Avenue. The primary focus is to determine the capacity for additional storm water runoff from the expansion of White Bear Avenue. This task is estimated at $20,000. b) Conduct additional traffic analysis on County Road D between Hazelwood Street and White Bear Avenue. This task is estimated at $14,000. c) Expand the study limits for County Road D to coordinate an improvement project with the City of Maplewood at Southlawn Avenue and provide additional layouts for south of Beam Avenue on White Bear Avenue to accommodate the full 6 lane approach through the intersection. This task is estimated at $25,000. d) The addition of the expansion of the study limits will impact the existing documentation and will require modifications to the Project Memorandum. This task is estimated at $15,000. e) The addition of another public meeting and newsletter will be needed for this project in order to keep the businesses and public informed on the project status. This task is estimated at $15,000. It has been determined that the County and City will share in the cost equally for these improvements. This will consist of Maplewood's portion of this amendment is $44,500. Ramsey County's portion of this amendment is $44,500. The County will enter into an agreement with Kimley Horn and Associates, Inc. on a time and materials basis up to a not to exceed cost of $87,000 for the additional engineering design services described in the proposal prepared by Kimley Horn and Associates, Inc. dated May 15, 2008. June 23, 2008 24 City Council Meeting Minutes 4. The current contract expiration date was December 31, 2007. We recommend that the contract expiration date be extended to December 31, 2008. 5. The contract as amended will be in the amount of $622,738. 6. Except as modified herein, the terms of the Agreement, as amended, shall remain in full force and effect. Wherefore, the parties have executed this Supplemental Agreement No. 1 on the last date written below. THE COUNTY OF RAMSEY COUNTY CITY OF MAPLEWOOD, MINNESOTA David Twa, County Manager Date: Print Name: Its: By: Print Name: Approval recommended: Its: Kenneth Haider, Director Date: Department of Public Works Approved as to form and insurance Assistant County Attorney Purchase Order or Aspen Vendor Contract Number: Funds are available Account Number: Budgeting & Accounting Seconded by Councilmember Nephew. Ayes — All The motion passed. 4. Councilmember Hjelle moved to approve the Resolution to accept a $10,000 Community Improvements) in order to conduct MLCCS for the whole city. June 23, 2008 25 City Council Meeting Minutes Resolution No. 08-06-072 CITY OF MAPLEWOOD, MINNESOTA RESOLUTION OF ACCEPTANCE OF COMMUNITY ASSISTANCE GRANT WHEREAS the City of Maplewood has been offered a Community Conservation Assistance Grant in the amount of $10,000 from the Minnesota Department of Natural resources; and WHEREAS this grant is to be used for mapping natural communities and vegetative cover, and development of natural resources policies and guidelines as set forth in the proposed Comprehensive Plan; and WHEREAS this grant is to be matched by cash or in-kind services with a value of $10,000; and WHEREAS the City has the institutional, managerial and financial capability to ensure adequate project administration. NOW, THEREFORE, IT IS HEREBY RESOLVED that for and on behalf of the City of Maplewood, Minnesota and its citizens, the City of Maplewood accepts this grant and will match it with cash and/or in-kind services. Passed by the Maplewood City Council on June 23, 2008. Diana Longrie, Mayor Attest: Karen Guilfoile, City Clerk Seconded by Councilmember Nephew. Ayes — All The motion passed. 5. Councilmember Hjelle moved to approve the Conditional Use Permit— St. Paul's Monastery PUD (2675 Larpenteur Avenue East) and to review this again in one year. Seconded by Councilmember Nephew. Ayes — All The motion passed. 6. Councilmember Hjelle moved to approve the Conditional Use Permit — Costco (1431 Beam Avenue) and to review this again in one year. Seconded by Councilmember Nephew. Ayes — All The motion passed. 7. Councilmember Hjelle moved to approve the Amendment to Gang Strike Force Agreement and to receive the additional funds that are available through this amendment. June 23, 2008 26 City Council Meeting Minutes AMENDMLNT NO. I TO (.'RANT CONTRAC'1'20(tS-MGSF-00514163W-2677 Original Contrast Hiective date: 2008 Qirthial Contiact Amount: S40XQ0,DQ Original Conliact Expiration date: December -3 L 2008 Previous Arneudment's) Total X00 �7x Curt UX)o M Amended Contract Expiration date: em Amendment Amount: $1 Iotal ContrHet Amount: $50,000.Uo Mis amendment is between tae State of Annesota, acting through its Commissioner ofTublic Safety, O ice of Justice Piugiams, 444 Cedar Street, Suite 100, St, Pant MilItICS01a 55101-51 O0 (" Rate ")and City 01' Maplewood, Police Department, 1830 E County Road B, Maplewood, Minnesota 55109 -Grantee"), Recitals The State has a grant contract with IbeGrantee identified rias Grant Contract 2008-NIGSF-0051416300-1677 for the pur rime of funding the cornbined operations of the Criminal Gang Strike Force and Narcotics Task Forces. Fire Stew and the Grantee soave agreed that additional funds are necessary for the satisfactory completion of' this piqiect. T.me State and the Grantee ase willing to amend the Ofi.ainal Grant Contract as stated lelow. Grant Contract Amendment In iks Amendment deleted contract ler ms will hesn lick out and the orkledcm7tract ter nts will be underlined. RLeVISION 1. Clause 4, -L Consideration and Payrnerid", Section 4.1, Imagraphs; (1) and (3) of the Original Errant Contract is amended, as follows: (I i Compensation The Grantee will be ieinibuised an amount not to exceed 940,00,40-9150,000.00 according to the broakdoxm of'costs contained in Revised Exhibit A, which is winched and incorporated into this grant contrart. 'The Grantee will submit any reviqion.q to Revised Txhibit A as described in Section 4.2 (2) of tlrj5 arrant contract and the revised budget must be approved by the State's Authorized Repiesenlativc before any cxpcnditures may be made based on the revised btidget (3) Tatol Obligation The total obligation of the State for all compensation and icinibuisenrents to the Grantee under this grant contract will not exceed 40AWO )O $50.000.00. ...... . . ...... S20,OWDO is avalable from.12nueny 1, 2008 through December 11, 2009 -S24009-WIS30,000.00 isnvailable from -July 1, 2008 through Dt-,cetnber 3L, 2008 Except as amended lietein, [lie tornis and conditions of the Original 011ant (-ontract and all previous June 23, 2008 27 City Council Meeting Minutes AMENI)MENTNO. ITOGRANT` CONTRACT 2008-NIGSF-0051416300-W7 amendments remain in full force and effect By execution of this amendment, the tenns and conditions of the Original OTant Contract and all previous arneridments are enxessly restated and teaffimed, L UNC UMBRA NCE VF.RJFtCATION J. STATP AGr.N(,V Pulivdvul Odtfivs Aaft h lune hzeu wmvwbe,vias rep"edi,: Mwn W1 f§ r(W 15 a,;d.'CF V5 Siped: ........ ........ ..... .... .. ........ AV, ---- — ----- (with deieplid aulmity) Dwe: (:rant Uontiact N`o: 2008-MCJSF-00514/6300-1677 Date: 2, GRANTEr haw exawed Ike �_rmarwi an hlafrofdw Grantee ay required by apWkible amch-5. tylaws. Ie=rwffms, ot apd,,twncv,5 on title: )ate: By, I 41c: Chict of ?otic: Witt: Dist-amflon, I)PSIPAS Grailluc Wks AuifttirimJ Rctvicsentalivc June 23, 2008 28 City Council Meeting Minutes - 1 OFFICE OF .JUSTICE PROGRAMS us ,uN'R. sA Grantee_ _M2plewood Potce department Grant Number. _ 2006-MGSF-00514 Program Component: ALL PROGRAM COMPONENTS Seconded by Councilmember Nephew. Ayes — All The motion passed. 8. Councilmember Hjelle moved to approve the Gambling Permit Resolution for the CLIMB Theater. Inc. at 6415 Carmen Avenue, Inver Grove Heights, MN. Resolution 08-06-098 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises for lawful gambling is approved for the CLIMB Theatre, Inc. to hold a raffle at the Ramsey County Fair located at 2020 White Bear Avenue, Maplewood to be held July 9, 2008 through July 13, 2008. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by 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. Seconded by Councilmember Nephew. Ayes — All The motion passed. June 23, 2008 29 City Council Meeting Minutes 9. The Petition to Release Acting City Manager, Chuck Ahl from the MCSA and Authorizing its execution on behalf of the City of Maplewood as well as directing Acting City Manager, Chuck Ahl to resume all City Manager duties and responsibilities for representing the City of Maplewood in its upcoming labor negotiations for all union contracts for 2009. a. City Clerk, Director, Citizen Services, Karen Guilfoile answered a question of the council. b. Human Resources Attorney, Chuck Bethel answered questions of the council. Mayor Longrie requested these comments be included for the record: Mayor Longrie stated she is going to vote for this because actually she thinks in many ways this helps to protect the city and it also helps to protect this city council because now we will have an Acting City Manager who is not in the union. And if the city needs to engage in the council duty of deciding to give employment guidance to the City Manager the city will be more free to do so because Mr. AN will be an at will employee. The reason Mayor Longrie said she brought this up is that everybody has talked about this from time to time. Mayor Longrie didn't know if all the council members had this documentation which they should have received from the League of Minnesota Cities. (Mayor Longrie proceeded to distribute to the City Council the complaint and settlement agreement from the 1993 Shoreview Sexual Harassment Lawsuit naming Mr. Chuck Ahl). Mayor Longrie said this is very important that as city council members the council knows about this stuff because if there is indeed any kind of employment litigation having to do with harassment in the work place, the council needs to know the council is able to take actions. Mr. AN mentioned earlier this evening the steps that are being taken for going forward in the Maplewood City Manager search process. Mayor Longrie stated she was very happy about that. With the depth of the employment background search the city did on Mr. Copeland and the concern over his conciliation court claims from 1993, the city should equally be concerned about the $150,000 lawsuit which was against Mr. AN in 1993. Councilmember Juenemann moved to approve the Petition to Release Acting City Manager, Chuck Ahl from the MCSA and Authorizing its execution on behalf of the City of Maplewood as well as directing Acting City Manager, Chuck Ahl to resume all City Manager duties and responsibilities for representing the City of Maplewood in its upcoming labor negotiations for all union contracts for 2009. Seconded by Councilmember Rossbach. The motion passed. Councilmember Nephew moved to adjourn the meeting. Seconded by Councilmember Rossbach. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART II Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay — Councilmember Hjelle Ayes — All June 23, 2008 30 City Council Meeting Minutes None. (Due to time constraints Council Presentations was moved to the end of the council meeting). H. COUNCIL PRESENTATIONS 1. Report on Fire Pit Contest — Erik Hjelle 2. Update on Taste of Maplewood — Mayor Longrie 3. Betty Copeland Memorial — Mayor Longrie 4. Update on N.E.S.T. Meeting — Mayor Longrie 5. Beaver Lake Plat Update — Mayor Longrie 6. Business Registration — Councilmember Nephew 7. Referendums — Councilmember Rossbach 8. LMC Conference — Mayor Longrie P. ADJOURNMENT The meeting adjourned at 12:45 a.m. June 23, 2008 31 City Council Meeting Minutes