The URL can be used to link to this page

Home My WebLink About2008 07-28 City Council Meeting AGENDA MAPLEWOOD CITY COUNCIL 6:30 P.M. Monday, July 28, 2008 City Hall, Council Chambers Meeting No. 19-08 A. CALL TO ORDER B. PLEDGE OF ALLEGIANCE 1. Acknowledgementof Maplewood Residents Serving the Country. C. ROLL CALL Mayor?s Address on Protocol: ?Welcome to the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and procedures and Rules of Civility, which are located near the entrance. When you address the council, please state your name and address clearly for the record. All comments/questions shall be posed to the Mayor and Council. I then will direct staff, as appropriate, to answer questions or respond to comments. APPROVAL OF AGENDA D. APPROVAL OF MINUTES E. nd 1. Approval of June 23, 2008 City Council Minutes (2 reading) 2. Approval of July 7, 2008 Workshop Minutes 3. Approval of July 14, 2008 Workshop Minutes 4. Approval of July 14, 2008 City Council Minutes 5. Approval of July 17, 2008 a Continuation of July 14, 2008 City Council Minutes F. VISITOR PRESENTATIONS ? PART I (Note: Visitor Presentations shall not extend past 7:00 p.m.; if time is not available to complete this item; all presenters will be instructed to remain at the meeting until this item is re-opened following Award of Bids, or return to the next Regular Meeting of the Council.) G. ADMINISTRATIVE PRESENTATIONS (Note: Items G-H shall not extend past 7:00 p.m.; if time is not available to complete these items, they shall be extended by Council motion to the end of the meeting following Visitor Presentation ? Part II.) 1. National Night Out - No Report 2. MCC Outdoor Sign ? No Report H. COUNCIL PRESENTATIONS 1. Business Registration Program ? Councilmember Nephew I. APPOINTMENTS AND PRESENTATIONS 1. TH 49 Corridor Study Report ? Jim Tolass, Ramsey County J. PUBLIC HEARINGS K. UNFINISHED BUSINESS 1. Carver Crossing Development ? (To Be Tabled) 2.Dynamic Display Sign Ordinance L. NEW BUSINESS 1. Approval for Transfers from General Fund to Community Center Fund, Recreation Fund and Capital Improvement Fund. 2. Request Approval to Proceed With Preliminary Engineering Work and Development of Master Plan for Lions Park. 3. Council Consideration to Conduct a Feasibility and Alignment Study for the Lake Links Trail Improvements Between McKnight Road and Joy Park 4. Propose to Create a Working Group to Reduce City?s Carbon Emissions (Councilmember Hjelle) 5. Historic Preservation Commission Car Show Request ? No Report 6. Approval of Claims M. CONSENT AGENDA 1. Century Avenue Improvements, City Project 03-15, Award of Bid 2. TH 61/Frost Avenue Intersection Improvements, City Project 07-30, Approve Plans and Specs and Authorize Ad for Bids 3. Stop Sign Requests Update ? No Action Needed 4. Kohlman Lane Area Street Improvements, City Project 07-21, Resolution for Modification of the Existing Construction Contract, Change Order No. 1. 5. Hazelwood Street Improvements, City Project 07-25, Mn/DOT Cooperative Agreement 6. Joint Powers Agreement with North Saint Paul, Water Service Boundary Adjustment 7. Maplewood Nature Center Trail Improvements, Resolution for Acceptance of Federal Recreation Trail Grant for Maplewood Nature Center Trails 8. Approval to Accept Donation to Support the Taste of Maplewood 9. Approval to Accept Donation to the Police Department 10. Temporary Gambling Permit and Fee Waiver ? Church of St. Jerome 11. Emergency Repair ? Fire Department N. AWARD OF BIDS 1. Award of Contract for City Manager Search Firm O. VISITOR PRESENTATION ? PART II (NOTE: This is a continuation of VISITOR PRESENTATIONS from earlier in the meeting and is intended to make time available if the item is not completed by 7:00 p.m. -Not intended for new visitor presentation items.) P. ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk?s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings ? elected officials, staff and citizens. It is hoped that by following these simple rules, everyone?s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language Agenda E1 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, June 23, 2008 Council Chambers, City Hall Meeting No. 17-08 A. 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. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. 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 I2. Appointment to the Environmental Commission Tabled until July 14, 2008 ? Acting City Manager Ahl 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 E. APPROVAL OF MINUTES Councilmember Nephew moved to approve the June 9, 2008, Workshop minutes as submitted. Seconded by Councilmember Hjelle. Ayes ? Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Abstain ?Councilmember Juenemann The motion passed. June 23, 2008 1 City Council Meeting Minutes 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: Mayor Longrie 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. F. VISITOR PRESENTATIONS ? PART I 1.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.) Mr. Zick spoke of the amount of debt 2.Bob Zick, 2515 White Bear Avenue, Maplewood. 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 1. 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. 2. Report on LMCIT Guidance on Audit. (Alan Kantrud, City Attorney) a. City Attorney, Alan Kantrud gave the report and answered questions of the council. 3. Cancel Work Session Meeting of Council: June 26, 2008, 5:00 p.m. Report on 2007 City Audit. a. Acting City Manager, Chuck Ahl stated the final report is not complete so the auditors will give their report at the council meeting on July 14, 2008. 4.City Manager Search (Councilmember Nephew) a. Acting City Manager, Chuck Ahl gave a report regarding where staff is in the searching for a City Manager. There are six search firms; this process for 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). June 23, 2008 2 City Council Meeting Minutes 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 I. APPOINTMENTS AND PRESENTATIONS 1. 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. 2. Appointment to the Environmental and Natural Resource Commission. tabled Mayor Longrie the Appointment to the Environmental and Natural Resource Commission until July 14, 2008. Seconded by Councilmember Nephew. Ayes ? All table The motion to passed. 3. 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 1. Public Hearing and Resolution Giving Approval to the Issuance of Revenue Bonds, Seri es 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 3 City Council Meeting Minutes 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 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 Ahl 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 Project 07- 26, Resolution Adopting the Revised Assessment Roll. RESOLUTION 08-06-070 ADJUSTMENTS TO ASSESSMENT ROLL th WHEREAS, pursuant to a resolution adopted by the City Council on June 9, 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 requests a cancellation of assessment. deferral and 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. 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. 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 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: June 23, 2008 6 City Council Meeting Minutes A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments 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 grant and requests a cancellation of assessment. Staff recommendation is to the senior citizen financial hardship deferral upon approval of necessary paperwork. Staff recommends that the denied request for a cancellation of assessment be 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 denied assessment. Staff recommends that the request for a cancellation of assessment be 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 deny recommendation is to 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 grant deferral. Staff recommendation is to 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 grant should be assessed for the improvements. Staff recommendation is to the senior citizen financial hardship deferral upon approval of necessary paperwork. Staff recommends that the denied request for a revision or cancellation of assessment be 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 grant cost of the street behind him. Staff recommendation is to the senior citizen financial hardship deferral upon approval of necessary paperwork. Staff recommends that the request for a denied revision of assessment be as the property is receiving benefit from the project and the assessment is consistent with the approved 2008 assessment rates. June 23, 2008 7 City Council Meeting Minutes 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 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 approved revision of assessment be 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 st November 1, 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. rd Adopted by the council on this 23 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 Ahl answered questions of the council. June 23, 2008 8 City Council Meeting Minutes 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. 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 th WHEREAS, pursuant to a resolution adopted by the City Council on June 9, 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 s: requirements of Minnesota Statutes, Chapter 429, summarized as follow 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 r the Upper Afton Road Improvements, Project 07-27: to the assessment roll fo 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 grant recommendation is to 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 to the county auditor, but no later than October 1, 2008, pay the whole of the assessment 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 June 23, 2008 9 City Council Meeting Minutes 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 st November 1, 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. rd Adopted by the council on this 23 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 Ahl gave the report. table Councilmember Nephew moved to the Carver Crossing Development ? Consider Resolution Approving Development Contract with CoPar for Settlement of Litigation and Approval of Development Plan. Seconded by Councilmember Juenemann. Ayes ? All table The motion to passed. 4. County Road D Improvements (Southlawn to TH 61) ? City Project 02-07 ? Ramsey County Regional Rail Authority to extend Consider Report from purchase rights for BNSF Corridor. a. Acting City Manager, Chuck Ahl 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 Project 02-07 ? Consider Report from Ramsey County Regional 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. June 23, 2008 10 City Council Meeting Minutes 6. Consider Approval of Amendment with McCoombs, Frank, Roos and Associates for Updates to Comprehensive Plan Preparation Services. a. Acting City Manager, Chuck Ahl gave the report and answered questions of the council. b. Rose Lorsung, Senior Planner with (MFRA) reported and answered questions of the council. Councilmember Rossbach moved to approve the Acting City Manager, Chuck Ahl 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 1.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. commentedon this item and stated he had given information regarding these concerns to Mr. Konewko. c. Acting City Manager, Public Works Director, Chuck Ahl 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 funding is should come from Parks Maintenance or Recreational Funds. Further adding that the 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. June 23, 2008 11 City Council Meeting Minutes 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. Seconded by Councilmember Juenemann. Ayes ? Councilmembers Juenemann, Nephew & Rossbach Nays ? Mayor Longrie, Councilmember Hjelle The motion passed. 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 he council. answered questions of t 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 Ahl answered questions of the council. Activity 1and Activity 2 to Councilmember Nephew moved to approve Funding for Phase I 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 neces sary for the Lake Links Trail Connection and other appropriate materials. Seconded by Councilmember Juenemann. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 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. June 23, 2008 12 City Council Meeting Minutes 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. Councilmember Nephew clarified that he made a motion to ask staff to talk with the City of North ?s range of interest was regarding a Joint Powers St. Paul to see what the City of North St. Paul 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 Nay ? 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 sustainability trail at Applewood Neighborhood 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 City of Maplewood for the year 2008. (The Agreement is 23 pages long a nd can be seen in the staff report). June 23, 2008 13 City Council Meeting Minutes Seconded by Councilmember Hjelle. Ayes ? All The motion passed. 11:00 p.m. curfew ember Rossbach moved to continue the council meeting through the Consent Agenda. Councilm 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. June 23, 2008 14 City Council Meeting Minutes 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 Furthermore, a city council operations and the community that will achieve these goals. workshop should be scheduled to determine an action plan for implementing the Climate 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 quantification 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 June 23, 2008 16 City Council Meeting Minutes June 23, 2008 17 City Council Meeting Minutes Seconded by Councilmember Rossbach. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 6. Discussion of 2008 Budget Decisions and Hiring Delays. a. Acting City Manager, Chuck Ahl 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. Ayes ? Mayor Longrie, Councilmember Hjelle Nays ? Councilmembers Juenemann, Nephew & Rossbach The motion failed. Councilmember Nephew moved to direct the Acting City Manager, Chuck Ahl to hire the additional police officer allocated in the 2008 budgetmaking a total of 55 Including no Maplewood Police Officers. 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. Ayes ? Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Nay ? Councilmember Juenemann The motion passed. June 23, 2008 18 City Council Meeting Minutes 7. 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. Approval of Claims Councilmember Rossbach moved . 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 GRAND TOTAL $ 1,613,913.26 Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 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. June 23, 2008 19 City Council Meeting Minutes M. CONSENT AGENDA 1. Councilmember Hjelle moved to approve items 2 ? 8. Seconded by Councilmember Nephew. Ayes ? All The motion passed. 2. Councilmember Nephew moved to approve item 1. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 3. Councilmember Juenemann moved to approve item 9. Seconded by Councilmember Rossbach. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 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. June 23, 2008 20 City Council Meeting Minutes 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 Manager to sign the agreement signifying city council approval. Minor revisions as approved by the City Attorney are authorized as needed for the agreement. RAMSEY COUNTY COOPERATIVE AGREEMENT WITH CITY OF MAPLEWOOD Parkway Drive at Estimated Amount Payable T.H. 61 to Maplewood S.A.P. 62-627-05 M.S.A. P. 138-020-035 County State Aid Funds: Traffic Signal System $57,875.00 EVP $ 2,500.00 Temporary Signal $ 6,250.00 Attachments:Subtotal $66,625.00 Engineers Estimate (8%) $ 5,330.00 Engineering 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 plans, specifications, WHEREAS, the City has prepared or will prepare the necessary designs, 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: June 23, 2008 21 City Council Meeting Minutes 1. Upon award of a construction contract the City shall perform or contract the performance of the project management. 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. June 23, 2008 22 City Council Meeting Minutes 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 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 THE COUNTY OF RAMSEY By _______________________________ By________________________________ Chair Its ____________________________ Board of County Commissioners By_______________________________ Attest:______________________________ Chief Clerk-County Board Its____________________________ Date______________________________ Date_______________________________ Approved as to Form: Approved as to Form: _________________________________ _________________________________ City Attorney Assistant County Attorney _________________________________ Recommended for Approval: __________________________________ Kenneth G. Haider, P.E. Public Works Director and County Engineer Seconded by Councilmember Nephew. Ayes ? All The motion passed. June 23, 2008 23 City Council Meeting Minutes 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 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/I-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: 1. 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 existingstorm 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. June 23, 2008 24 City Council Meeting Minutes 2. 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. 3. 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. 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 By: David Twa, County Manager PrintName: Its: Date: ________________________________ By: PrintName: 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. June 23, 2008 25 City Council Meeting Minutes 4. Councilmember Hjelle moved to approve the Resolution to accept a $10,000 Community Conservation Assistance Grant from the DNR. Furthermore recommending the approval of Option 2 using $10,000 from 2009 CIP funds project #PM08.060 (Open Space Improvements) in order to conduct MLCCS for the whole city. 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. lf of the City of NOW, THEREFORE, IT IS HEREBY RESOLVED that for and on beha 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. June 23, 2008 26 City Council Meeting Minutes 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 27 City Council Meeting Minutes June 23, 2008 28 City Council Meeting Minutes 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, Authorizing its execution on behalf of the City of Maplewood and direct 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. Ahl 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. Ahl 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. Ahl in 1993. Councilmember Juenemann moved to approve the Petition, Authorizing its execution on behalf of the City of Maplewood and direct 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. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. Councilmember Nephew moved to adjourn the meeting. Seconded by Councilmember Rossbach. Ayes ? All N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS ? PART II None. June 23, 2008 30 City Council Meeting Minutes (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 Agenda E2 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, July 7, 2008 Council Chambers, City Hall A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:00 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Absent Erik Hjelle, Councilmember Absent Kathleen Juenemann, Councilmember John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Nephew moved to approve the agenda as submitted. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. D.UNFINISHED BUSINESS 1. Discussion of Comprehensive Plan Update ? Review of Chapters on Introduction, Community Profile, Land Use, Natural Resources, and Surface Water a. Rose Lorsung, McCombs, Frank, Roos, and Associates (MFRA) gave the presentation and answered questions of the council. b. Virginia Gaynor, Open Space Naturalist gave a presentation and answered questions of the council. c. Ron Leaf, SEH gave a presentation and answered questions of the council. d. Shann Finwall, Environmental Planner answered questions of the council. e. DuWayne Konewko, Deputy Public Works Director answered questions of the council. f. Chuck Ahl, Acting City Manager, Public Works Director answered questions of the council. g. Shann Finwall, Environmental Planner gave a short presentation regarding the Sustainability Chapter and answered questions of the council. h. DuWayne Konewko, Deputy Public Works Director answered questions of the council. i. Rose Lorsung, McCombs, Frank, Roos, and Associates answered questions of the council. j. Virginia Gaynor, Open Space Naturalist answered questions of the council. E. ADJOURNMENT Mayor Longrie adjourned the meeting at 8:00 p.m. July 7, 2008 1 City Council/Manager Workshop Minutes Agenda E3 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP 5:00 p.m., Monday, July 14, 2008 Council Chambers, City Hall Meeting No. 18-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:07 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present C. APPROVAL OF AGENDA Councilmember Rossbach moved to approve the agenda as submitted. Seconded by Mayor Longrie. Ayes ? All D.UNFINISHED BUSINESS 1. 2009-2013 Capital Improvement Plan ? Discussion on Expenditure Plan. a. Acting City Manager, Public Works Director, Chuck Ahl gave the presentation and answered questions of the council. b. Finance Director, Bob Mittet answered questions of the council. 2. Interviews for Environmental and Natural Resources Commission (1 opening). The council asked a series of questions to the applicants regarding the issues at hand to serve on the Environmental and Natural Resources Commission. a.Kevin Berglund, 1771 Burr Street, Maplewood. b.Judith Johannessen, 1610 Woodlyn Avenue East, #3, Maplewood. The council will announce the name of the applicant they chose to serve on the Environmental and Natural Resources Commission during the regular city council meeting. E. NEW BUSINESS None. F. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:43 p.m. July 14, 2008 1 City Council/Manager Workshop Minutes Agenda E4 MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, July 14, 2008 Council Chambers, City Hall Meeting No. 18-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:50 p.m. by Mayor Longrie. B. PLEDGE OF ALLEGIANCE C. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present D. APPROVAL OF AGENDA th Mr. Ahl requested to table item K4. Carver Crossing Development until July 28, 2008. Councilmember Rossbach requested to strike H7. Referendums and add item H9. Garbage Hauling. Mayor Longrie requested to move items G. Administrative Presentations & H. Council Presentations to 7:15 p.m. Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes ? All E. APPROVAL OF MINUTES Councilmember Nephew moved to approve the June 23, 2008, 5:00 Workshop minutes as submitted. Seconded by Councilmember Hjelle. Ayes ? All Abstain ? Councilmember Juenemann The motion passed. TableJune 23, 2008, City Councilmember Nephew moved to the approval of the minutes of Council Meeting Minutes due to questions regarding the motion for the Discussion of 2008 Budget Discussion and Hiring Delays on page 17 from Councilmember Hjelle and comments that were submitted to the City Clerk by Mayor Longrie to be added to the council minutes. Approval of the June 23, 2008, City Council Meeting Minutes will be added to the agenda for July 28, 2008. Seconded by Councilmember Ayes ? All The motion passed. July 14, 2008 1 City Council Meeting Minutes Lisa Kroll, the Recording Secretary, listened to the audio of the June 23, 2008, city council meeting and inserted the additional verbage to the second motion made by Councilmember Nephew regarding Discussion of 2008 Budget and Hiring Delays on page 17 and also added the comments submitted by Mayor Longrie to the City Clerk as part of the permanent record. F. VISITOR PRESENTATIONS ? PART I 1. Nancy Lazaryan, 2516 Linwood, Maplewood. Ms. Lazaryan spoke regarding the City of Maplewood being served with a lawsuit between the City of Maplewood and herself. She asked who does the negotiating for the city and if the League of Minnesota Cities would be taking care of this? Mayor Longrie and City Attorney, Alan Kantrud responded. 2. Ann Fosberg, 2516 Idaho Avenue East, Maplewood. Ms. Fosberg asked if the city has to have a public hearing to legally close Sterling Street because many people use this street and don?t want it closed. Mayor Longrie asked Mr. Ahl to respond to this. Mr. Ahl said he would research this and reply back to the City Council. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick mentioned Bryan Olson the cable technician quit because the control room equipment is lacking in order to record the city meetings and his concern regarding the city meetings being covered appropriately. He also spoke regarding the search firms that the city has listed which are being used to assist with the hiring process of a new city manager in Maplewood and his concerns regarding some of these firms. Councilmember Nephew recommended moving ahead to item I.1. G. ADMINISTRATIVE PRESENTATIONS (Delayed until 7/17/08 continuation meeting) 1. Update on City Manager Search and Review of Search Calendar. (Chuck Ahl) 2. Announce Joint Meeting with Park Commission for August 4, 2008, 5:00 p.m. 3. Update on Graffiti Issues in Maplewood (Dave Fisher, Dave Thomalla) H. COUNCIL PRESENTATIONS (Delayed until 7/17/08 continuation meeting) 1. Report on Fire Pit Contest ? Councilmember 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 (Stricken by Councilmember Rossbach 7/14/08) 8. LMC Conference ? Mayor Longrie 9. Garbage Hauling ? Councilmember Rossbach (Added 7/14/08) I. APPOINTMENTS AND PRESENTATIONS 1. Winter Carnival Royalty a. Scott Mueller, from the 2008 St. Paul Winter Carnival Royal Family introduced the Winter Carnival Royalty and knighted City Clerk, Karen Guilfoile, Acting City Manager, Public Works Director, Chuck Ahl, Maplewood Police Chief, Dave Thomalla, and Maplewood Fire Chief, Steve Lukin. b. Marv Koppen, member of the Winter Carnival Royalty and former city councilmember spoke to the council and audience members. July 14, 2008 2 City Council Meeting Minutes 2. Swearing in Ceremony for Firefighter/Paramedic Andrew Fossum. a. Maplewood Fire Chief, Steve Lukin gave the presentation. b. Mayor Longrie read the Oath of Office to Andrew Fossum. 3. Special Commendation for Jason Evans. a. Maplewood Fire Chief, Steve Lukin gave the presentation and presented the Certificate of Appreciation for his quick response during an apartment fire. 4. Appointment to the Environmental and Natural Resource Commission. Councilmember Nephew moved to appoint Judith Johannessen to the Environmental and Natural Resource Commission. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. 5. 2007 Community Development Highlights Presentation. a. Building Official, Dave Fisher read highlights of the Community Development Department from 2007. J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS 1. Dangerous Dog Ordinance (Second Reading). a. Maplewood Police Chief, Dave Thomalla reported. Mayor Longrie asked if any citizens wanted to speak regarding this item. No citizens came forward to speak. Councilmember Hjelle moved to approve the (Second Reading) of the Dangerous Dog Ordinance. ORDINANCE 888 DANGEROUS DOG ORDINANCE ßÎÌ×ÝÔÛ ×××ò ÜÑÙÍö Ü×Ê×Í×ÑÒ îò ÙÛÒÛÎßÔÔÇ Ì¸» º±´´±©·²¹ ©±®¼ô ¬»®³ ¿²¼ °¸®¿»ô ©¸»² «»¼ ·² ¬¸· ¿®¬·½´»ô ¸¿´´ ¸¿ª» ¬¸» ³»¿²·²¹ ¿½®·¾»¼ ¬± ¬¸»³ ·² ¬¸· »½¬·±²ô »¨½»°¬ ©¸»®» ¬¸» ½±²¬»¨¬ ½´»¿®´§ ·²¼·½¿¬» ¿ ¼·ºº»®»²¬ ³»¿²·²¹æ ³»¿² ¿²§ °®»³·» ¼»·¹²¿¬»¼ ¾§ ¬¸» ½·¬§ ¿¼³·²·¬®¿¬·ª» ¿«¬¸±®·¬§ º±® ¬¸» °«®°±» ±º ·³°±«²¼·²¹ Animal shelter ¿²¼ ½¿®·²¹ º±® ¼±¹ ¸»´¼ «²¼»® ¿«¬¸±®·¬§ ±º ¬¸· ¿®¬·½´»ò ³»¿² ¿²§ ´·ª·²¹ ¼±¹ò Dog ³»¿² ¿²§ °»®±² ¼»·¹²¿¬»¼ ¾§ ¬¸» ½·¬§ ³¿²¿¹»® ¿ ¿² »²º±®½»³»²¬ ±ºº·½»®ò ³»¿² ¿²§ °»®±² OfficerOwner July 14, 2008 3 City Council Meeting Minutes ±©²·²¹ô µ»»°·²¹ ±® ¸¿®¾±®·²¹ ¼±¹ò ³»¿² ¿²§ °»®±² »²¹¿¹»¼ ·² ¬¸» ¾«·²» ±º º»»¼·²¹ô ¾«§·²¹ô »´´·²¹ ±® ¾±¿®¼·²¹ ¿²·³¿´ ±º ¿²§ °»½·»ò Pet shop Restraint.A dog or cat is under restraint within the meaning of this Ordinance if it is controlled by a leash which does not extend beyond the boundaries of the private property or within a vehicle being driven or parked on the streets or within the property of its owner/keeper, in a fenced area, if within an electronic fence with signage, controlled by a . chain or under owner?s control and supervision ª»¬»®·²¿®·¿² º±® ¬¸» ¼·¿¹²±· ¿²¼ ¬®»¿¬³»²¬ ±º ¼·»¿» ¿²¼ ·²¶«®·» ±º ¿²·³¿´ò øÝ±¼» ïçèîô y éóïê÷ ®»¹«´¿¬·±² ¸¿´´ ·²½´«¼» ®»¯«·®»³»²¬ º±® ¸«³¿²» ½¿®» ±º ¬¸» ±©²»®ù ¼±¹ ¿²¼ º±® ½±³°´·¿²½» ©»´º¿®» ¿²¼ ¬± °®±¬»½¬ ¼±¹ º®±³ ½®«»´¬§ò øÝ±¼» ïçèîô y éóïé÷ ®»·¼»²¬·¿´ ·¬» ·² ¿²§ ¿®»¿ ±º ¬¸» ½·¬§ ¦±²»¼ Îóï ®»·¼»²½» ¼·¬®·½¬ ±® Îóî ®»·¼»²½» ¼·¬®·½¬ò Ò± ³±®» ¬¸¿² ±²» ¼±¹ ±º ¿²§ ¿¹» ¸¿´´ ¾» µ»°¬ ·² ¿ ¼©»´´·²¹ «²·¬ ·² ¿²§ ¿®»¿ ±º ¬¸» ½·¬§ ¦±²»¼ Îóí ®»·¼»²½» ¼·¬®·½¬ò øÝ±¼» ïçèîô y éóïè÷ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ öÍ¬¿¬» ´¿© ®»º»®»²½»óóóÜ±¹ô Ó×ÒÒò Í¬¿¬«¬»ò ½¸ò íìéò y ïðóêìÓßÐÔÛÉÑÑÜ ÝÑÜÛ °±©»® ·² ¬¸» »²º±®½»³»²¬ ±º ¬¸· ¿®¬·½´»å ¿²¼ ²± °»®±² ¸¿´´ ·²¬»®º»®» ©·¬¸ô ¸·²¼»® ±® ³±´»¬ ¿²§ «½¸ ±ºº·½»® ·² ¬¸» »¨»®½·» ±º «½¸ °±©»®ò øÝ±¼» ïçèîô y éóïç÷ ³·¼»³»¿²±® ¿²¼ô «°±² ½±²ª·½¬·±²ô ¸¿´´ ¾» °«²·¸»¼ ·² ¿½½±®¼¿²½» ©·¬¸ »½¬·±² ïóïëò ø¾÷ ×º ¿²§ °»®±² · º±«²¼ ¹«·´¬§ ¾§ ¿ ½±«®¬ ±º ª·±´¿¬·±² ±º »½¬·±² ïðóïô ¸· °»®³·¬ ¬± ±©²ô °»®³·¬ ³¿§ ¾» ·«»¼ º±® ¿ °»®·±¼ ±º ±²» §»¿®ò øÝ±¼» ïçèîô y éóîð÷ July 14, 2008 4 City Council Meeting Minutes Ü×Ê×Í×ÑÒ îò ÐÛÎÓ×Ì ¸¿®¾±®ô ±® ¸¿ª» ½«¬±¼§ ±º ¿²§ ¼±¹ ±ª»® ¬¸®»» ³±²¬¸ ±º ¿¹»ò Ø±©»ª»®ô ¬¸· »½¬·±² ¸¿´´ ²±¬ ¿°°´§ ¬± ¬¸» µ»»°·²¹ ±º ³¿´´ ½¿¹»¼ ¾·®¼ ±® ¿¯«¿¬·½ ¿²¼ ¿³°¸·¾·¿² ¿²·³¿´ ±´»´§ ¿ °»¬ ±® º±® °±´·½» ½¿²·²» ±º ¿²§ °±´·¬·½¿´ «¾¼·ª··±²ò øÝ±¼» ïçèîô y éóíê÷ ø¿÷ Ë°±² ¿ ¸±©·²¹ ¾§ ¿²§ ¿°°´·½¿²¬ º±® ¿ °»®³·¬ ®»¯«·®»¼ «²¼»® ¬¸· ¼·ª··±² ¬¸¿¬ ¸» · °®»°¿®»¼ ¬± ½±³°´§ ©·¬¸ ¬¸» ®»¹«´¿¬·±² °®±³«´¹¿¬»¼ ¾§ ¬¸» ½±«²½·´ô ¿ °»®³·¬ ¸¿´´ ¾» ·«»¼ º±´´±©·²¹ °¿§³»²¬ ±º ¬¸» ¿°°´·½¿¾´» º»»ô ¿ º±´´±©æ ½±«²½·´ô ¾§ ®»±´«¬·±²ô º®±³ ¬·³» ¬± ¬·³»ò øî÷ Ò± º»» ±® °»®³·¬ ¸¿´´ ¾» ®»¯«·®»¼ ±º ¿²§ Ø«³¿²» Í±½·»¬§ ±® ª»¬»®·²¿®§ ¸±°·¬¿´ò ø¾÷ Ò± °»®³·¬ ¸¿´´ ¾» ¹®¿²¬»¼ º±® ¿ ¼±¹ ©¸·½¸ ¸¿ ²±¬ ¾»»² ª¿½½·²¿¬»¼ ¿¹¿·²¬ ®¿¾·» ¿ °®±ª·¼»¼ ·² ¬¸· »½¬·±² ±² «½¸ ¼¿¬»ô ¾«¬ ²±¬ ³±®» ¬¸¿² ¬©± §»¿® ©·´´ ¸¿ª» »´¿°»¼ º®±³ ¬¸» ¼¿¬» ±º «½¸ ª¿½½·²¿¬·±² ¬± ¬¸» ¬·³» ±º ¬¸» »¨°·®¿¬·±² ±º ¬¸» °»®³·¬ ¬± ¾» ·«»¼ô «²´» ¬¿¬»¼ «°±² ¬¸» ½»®¬·º·½¿¬» ¬¸¿¬ ¬¸» ª¿½½·²¿¬·±² · »ºº»½¬·ª» º±® ¿¬ ´»¿¬ ¬¸®»» §»¿®ò î y ïðóçî ÓßÐÔÛÉÑÑÜ ÝÑÜÛ Ê¿½½·²¿¬·±² ¸¿´´ ¾» °»®º±®³»¼ ±²´§ ¾§ ¿ ¼±½¬±® ¯«¿´·º·»¼ ¬± °®¿½¬·½» ª»¬»®·²¿®§ ³»¼·½·²» ·² ¬¸» ¬¿¬» ·² ©¸·½¸ ¬¸» ¼±¹ · ª¿½½·²¿¬»¼ô ¿²¼ ¬¸» ¿°°´·½¿²¬ ¸¿´´ °®»»²¬ ¿² ±®·¹·²¿´ ½»®¬·º·½¿¬» º®±³ ¿ ¯«¿´·º·»¼ ª»¬»®·²¿®·¿² ¸±©·²¹ ¬¸¿¬ ¬¸» ¼±¹ ¬± ¾» °»®³·¬¬»¼ ¸¿ ¾»»² ¹·ª»² ¿ ª¿½½·²¿¬·±² ¿¹¿·²¬ ®¿¾·» ¿²¼ ¬¸» ¼¿¬» ±² ©¸·½¸ ¬¸» ª¿½½·²¿¬·±² ©¿ ¿¼³·²·¬»®»¼ò øÝ±¼» ïçèîô y éóíé÷ Ì¸» °»®³·¬ °»®·±¼ «²¼»® ¬¸· ¼·ª··±² ¸¿´´ ½±³³»²½» ±² Ö¿²«¿®§ ï ±º ¬¸» §»¿® ¬¸» °»®³·¬ · ·«»¼ ¿²¼ ©·´´ ¬»®³·²¿¬» ±² Ü»½»³¾»® íï ±º ¬¸» §»¿® ¿º¬»® ¬¸» °»®³·¬ · ·«»¼ò øÝ±¼» ïçèîô y éóíèå Ñ®¼ò Ò±ò èíîô y ïô ïïóïíóîððî÷ Ì¸» ½·¬§ ³¿²¿¹»® ³¿§ ®»ª±µ» ¿²§ °»®³·¬ ·«»¼ «²¼»® ¬¸· ¼·ª··±² ·º ¬¸» °»®±² ¸±´¼·²¹ ¬¸» °»®³·¬ ®»º«» ±® º¿·´ ¬± ½±³°´§ ©·¬¸ ¬¸· ¿®¬·½´»ô ¿²§ ®»¹«´¿¬·±² °®±³«´¹¿¬»¼ ¾§ ¬¸» ½±«²½·´ °«®«¿²¬ ¬± ¬¸· ¿®¬·½´»ô ±® ¿²§ ¬¿¬» ±® ´±½¿´ ´¿© ¹±ª»®²·²¹ ½®«»´¬§ ¬± ¿²·³¿´ ±® ¬¸» µ»»°·²¹ ±º ¿²·³¿´ò ß²§ °»®±² ©¸±» °»®³·¬ · ®»ª±µ»¼ ¸¿´´ô ©·¬¸·² ¬»² ¼¿§ ¬¸»®»¿º¬»®ô ¸«³¿²»´§ ¼·°±» ±º ¿´´ ¼±¹ ¾»·²¹ ±©²»¼ô µ»°¬ ±® ¸¿®¾±®»¼ ¾§ «½¸ °»®±²å ¿²¼ ²± °¿®¬ ±º ¬¸» °»®³·¬ º»» ¸¿´´ ¾» ®»º«²¼»¼ò øÝ±¼» ïçèîô y éóíç÷ July 14, 2008 5 City Council Meeting Minutes Ë°±² ·«·²¹ ¿ °»®³·¬ ¬± µ»»° ¿²§ ¼±¹ «²¼»® ¬¸· ¼·ª··±²ô ¬¸» ½´»®µ ¸¿´´ ·«» ¬± ¬¸» ±©²»® ·«¿²½» ¿²¼ ± ¼»·¹²¿¬»¼ ¬¸¿¬ ·¬ ³¿§ ¾» ½±²ª»²·»²¬´§ º¿¬»²»¼ ¬± ¿ ¼±¹ ½±´´¿® ±® ¸¿®²»ò Í«½¸ ¬¿¹ ¸¿´´ ¾» º¿¬»²»¼ ¬± ¬¸» ¼±¹? ½±´´¿® ±® ¸¿®²» ¾§ ¬¸» ±©²»® ¿²¼ ¸¿´´ ¾» ©±®² ¿¬ ¿´´ ¬·³»ò Ì¸» ½´»®µ ¸¿´´ ³¿·²¬¿·² ¿ ®»½±®¼ ±º ¬¸» ·¼»²¬·º§·²¹ ²«³¾»® ¿²¼ ¸¿´´ ³¿µ» ¬¸· ®»½±®¼ ¿ª¿·´¿¾´» ¬± ¬¸» °«¾´·½ò øÝ±¼» ïçèîô y éóìð÷ Ì¸» »½¬·±² ±º ¬¸· ¼·ª··±² ®»¯«·®·²¹ ¿ °»®³·¬ ¸¿´´ ²±¬ ¿°°´§ ¬± ±©²»® ±º ½»®¬·º·»¼ Í»»·²¹ Û§» ¿²¼ ±¬¸»® ¸¿²¼·½¿°°»¼ó¿·¼ ¼±¹ô ±©²»® ¿²¼ ¸¿²¼´»® ±º ¾±²¿ º·¼» ©±®µ·²¹ ¼±¹ ø¹«¿®¼ °®±ª·¼»¼ ¬¸¿¬ ¼±³»¬·½ °»¬ ±º ²±²®»·¼»²¬ ±©²»® ¸¿´´ ²±¬ ¾» µ»°¬ ·² ¬¸» ½·¬§ ´±²¹»® ¬¸¿² íð ¼¿§ ¿²²«¿´´§ ¿²¼ ¬¸» ¿²·³¿´ ¸¿´´ ¾» µ»°¬ «²¼»® ®»¬®¿·²¬ò øÝ±¼» ïçèîô y éóìï÷ Ü×Ê×Í×ÑÒ íò ÎËÒÒ×ÒÙ ßÌ ÔßÎÙÛå ÒË×ÍßÒÝÛ ß´´ ¼±¹ ¸¿´´ ¾» µ»°¬ «²¼»® ®»¬®¿·²¬ ¿¬ ¿´´ ¬·³» ·² ¬¸» ½·¬§ò øÝ±¼» ïçèîô y éóëï÷ ø¿÷ Ò± ±©²»® ±® ½«¬±¼·¿² ±º ¿²§ ¼±¹ô ©¸»¬¸»® ´·½»²»¼ ±® «²´·½»²»¼ô ¸¿´´ °»®³·¬ «½¸ ¼±¹ ¬± ®«² ¿¬ ´¿®¹»ô ©·¬¸ ¬¸» »¨½»°¬·±² ±º ©·¬¸·² ¿ ¼»·¹²¿¬»¼ ±ººó´»¿¸ ¼±¹ ¿®»¿ò ×¬ ¸¿´´ ¾» ¬¸» ±¾´·¹¿¬·±² ±º ¬¸» ±©²»® ±® ½«¬±¼·¿² ±º ¿²§ ¼±¹ ·² ¬¸» ½·¬§ô ©¸»¬¸»® °»®³¿²»²¬´§ ±® ¬»³°±®¿®·´§ ¬¸»®»·²ô ¬± °®»ª»²¬ ¿²§ «½¸ ¼±¹ ¿¬ ¿²§¬·³» ¬± ¾» ±² ¿²§ ¬®»»¬ô °«¾´·½ °¿®µ ø©·¬¸ ¬¸» »¨½»°¬·±² ±º ¿ °¿®µ ©·¬¸·² ¿² ±ººó´»¿¸ ¼±¹ ¿®»¿ ¿ ¼»·¹²¿¬»¼ ¾§ Î¿³»§ Ý±«²¬§ ±® ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼÷ô ½¸±±´ ¹®±«²¼ ±® °«¾´·½ °´¿½» ©·¬¸±«¬ ¾»·²¹ »ºº»½¬·ª»´§ ®»¬®¿·²»¼ ¾§ ¿ ½¸¿·² ±® ´»¿¸ ²±¬ »¨½»»¼·²¹ »·¹¸¬ øè÷ º»»¬ ·² ´»²¹¬¸ò º«®¬¸»®³±®» ¾» ¬¸» ¼«¬§ ±º »¿½¸ °»®±² ¸¿ª·²¹ ¬¸» ½«¬±¼§ ¿²¼ ½±²¬®±´ ±º ¿²§ ¼±¹ ¬± ¸¿ª» ±² «½¸ °»®±² °±»·±² ±º ¿ ¼»ª·½» ±® »¯«·°³»²¬ º±® °·½µ·²¹ «° ¿²¼ ®»³±ª¿´ ±º ¿²·³¿´ º»½»ò Ì¸· «¾»½¬·±² ¸¿´´ ²±¬ ¿°°´§ ¬± ¿ ¹«·¼» ¼±¹ ¿½½±³°¿²§·²¹ ¿ ¾´·²¼ °»®±² ±® ¬± ¿ ¼±¹ ©¸»² «»¼ ·² °±´·½» ±® ®»½«» ¿½¬·ª·¬·»ò ø½÷ Ò± ±©²»® ±® ½«¬±¼·¿² ±º ¿²§ ¼±¹ ©·¬¸·² ¬¸» ½·¬§ ¸¿´´ ¿´´±© ¬¸» ¼±¹ ¬± ®»³¿·² ±«¬·¼» «¾»½¬·±²ô ¬¸» ¬»®³ þ±«¬·¼» ¿²¼ «²¿¬¬»²¼»¼þ ¸¿´´ ³»¿² ¬¸¿¬ ¬¸» ¼±¹ · ±² ±® ¸¿ º®»» ¿½½» ¬± ¬¸» »¨¬»®·±® ¹®±«²¼ ±º ¿²§ °®»³·» ¿²¼ ¬¸» ±©²»® ±® ½«¬±¼·¿² · ²±¬ °¸§·½¿´´§ °®»»²¬ ¿²¼ ·² ¬¸» ½±³°¿²§ ±º ¬¸» ¼±¹ò ø¼÷ Ñ©²»® ±® ½«¬±¼·¿² ±º ¼±¹ ¿®» ¸»®»¾§ ½¸¿®¹»¼ ¬± °®»ª»²¬ ¬¸»·® ¼±¹ º®±³ ¾¿®µ·²¹ ±® °¸®¿» þ«²®»¿±²¿¾´§ ¼·¬«®¾ ¬¸» °»¿½» ¿²¼ ¯«·»¬þ ·²½´«¼» ¾«¬ · ²±¬ ´·³·¬»¼ ¬± ¬¸» ½®»¿¬·±² ±º ²±·»ô ¾§ «½¸ ¼±¹ô ¿«¼·¾´» ¬± ¿ °»¿½» ±ºº·½»® ±® ¿²·³¿´ ½±²¬®±´ ±ºº·½»® ±«¬·¼» ¬¸» ¾«·´¼·²¹ ½±³³·¬¬·²¹ «½¸ ¿½¬ ¸¿´´ ¾» «¾¶»½¬ ¬± °»²¿´¬§ °®±ª·¼»¼ ·² »½¬·±² ïðóêëò øÝ±¼» ïçèîô y éóëî÷ July 14, 2008 6 City Council Meeting Minutes ×¬ ¸¿´´ ¾» «²´¿©º«´ º±® ¿²§ °»®±² ¬»³°±®¿®·´§ ·² ¬¸» ½·¬§ô ©¸·´» ¬¿§·²¹ ¿¬ ¿²§ °®·ª¿¬» ¸±³» ±® ¿¬ ¿²§ °«¾´·½ ¿½½±³³±¼¿¬·±² «½¸ ¿ ¿ ¸±¬»´ ±® ³±¬»´ô ¬± ¸¿ª» ¿ ¼±¹ ®«²²·²¹ ¿¬ ´¿®¹» ±® ¬± °»®³·¬ ¸· ¼±¹ ¿¬ ¿²§ ¬·³»ô ©¸»² ±«¬ ±º ¬¸» ®±±³ ±® «·¬» ±½½«°·»¼ ¾§ «½¸ °»®±²ô ¬± ¾» «°±² ¬¸» ¬®»»¬ ±® ·² ¿²§ °«¾´·½ ±® °®·ª¿¬» °´¿½»ô «²´» º·®³´§ «°±² ¿ ´»¿¸ ¿¬ ¿´´ ¬·³»ò øÝ±¼» ïçèîô y éóëì÷ Ü×Ê×Í×ÑÒ ìò ×ÓÐÑËÒÜÓÛÒÌ Ë²®»¬®¿·²»¼ ¼±¹ ®«²²·²¹ ¿¬ ´¿®¹» ·² ¬¸» ½·¬§ ³¿§ ¾» ¬¿µ»² ¾§ °±´·½»ô ¬¸» ¿²·³¿´ ½±²¬®±´ ±ºº·½»® ±® ¬¸» Ø«³¿²» Í±½·»¬§ ¿²¼ ·³°±«²¼»¼ ·² ¿² ¿²·³¿´ ¸»´¬»® ¿²¼ ¬¸»®» ½±²º·²»¼ ·² ¿ ¸«³¿²» ³¿²²»®ò ×³°±«²¼»¼ ¼±¹ ¸¿´´ ¾» µ»°¬ º±® ²±¬ ´» ¬¸¿² º·ª» ¼¿§ô «²´» ®»½´¿·³»¼ ¾§ ¬¸»·® ±©²»®ò ×º ¾§ ¿ °»®³·¬ ¬¿¹ ±® ¾§ ±¬¸»® ³»¿² ¬¸» ±©²»® ½¿² ¾» ·¼»²¬·º·»¼ô ¬¸» ¿²·³¿´ ½±²¬®±´ ±ºº·½»® ¸¿´´ ·³³»¼·¿¬»´§ô «°±² ·³°±«²¼³»²¬ô ²±¬·º§ ¬¸» ±©²»® ¾§ ¬»´»°¸±²» ±® ³¿·´ ±º ¬¸» ·³°±«²¼³»²¬ ±º ¬¸» ¼±¹ò ß ¼±¹ ²±¬ ½´¿·³»¼ ¾§ ·¬ ±©²»® ©·¬¸·² º·ª» ¼¿§ ¸¿´´ ¾» ¸«³¿²»´§ ¼·°±»¼ ±º ¾§ ¿² ¿¹»²½§ ¼»´»¹¿¬»¼ ¾§ ¬¸» ½±«²½·´ ¬± »¨»®½·» ¬¸¿¬ ¿«¬¸±®·¬§ò øÝ±¼» ïçèîô y éóêê÷ ß²§ ±©²»® ®»½´¿·³·²¹ ¿ ¼±¹ «²¼»® ¬¸· ¿®¬·½´»ô ©¸·½¸ ¸¿ ¾»»² ·³°±«²¼»¼ º±® ¿²§ ®»¿±²ô ¸¿´´ °¿§ ¿ º»» ¿ »¬ ¾§ ½±«²½·´ ®»±´«¬·±² º®±³ ¬·³» ¬± ¬·³»ò Ì¸» ±©²»® ³¿§ ¿´± ¾» °®±½»»¼»¼ ¿¹¿·²¬ º±® ª·±´¿¬·±² ±º ¬¸· ¿®¬·½´»ô ¿²¼ ¸· °»®³·¬ ³¿§ ¾» ®»ª±µ»¼ò øÝ±¼» ïçèîô y éóêé÷ Ò±¬©·¬¸¬¿²¼·²¹ ¬¸» »½¬·±² ±º ¬¸· ¼·ª··±²ô ·º ¿ ¼±¹ · º±«²¼ ¿¬ ´¿®¹» ·² ¬¸» ½·¬§ ¿²¼ ·¬ ¬¿µ»² ¬± ¬¸» ±©²»®ò øÝ±¼» ïçèîô y éóêè÷ ë Ü×Ê×Í×ÑÒ ëò ÜßÒÙÛÎÑËÍ ÜÑÙÍ July 14, 2008 7 City Council Meeting Minutes Sec. 10-189 Dangerous/Potentially Dangerous Dogs. Ì¸» °®±ª··±² ±º Ó·²²»±¬¿ Í¬¿¬«¬» íìéòëð ¬¸®±«¹¸ íìéòëêô ·²½´«·ª»ô ¿®» ¸»®»¾§ ¿¼±°¬»¼ ¿ ¬¸» °±¬»²¬·¿´´§ ¼¿²¹»®±« ¿²¼ ¼¿²¹»®±« ¼±¹ ®»¹«´¿¬·±² º±® ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ò É¸»®» ¿ ½±²º´·½¬ »¨·¬ ¾»¬©»»² ¬¸» °®±ª··±² ±º ¬¸» Ý·¬§ Ý±¼» ¿²¼ ¬¸» °®±ª··±² ±º Ó·²²»±¬¿ Í¬¿¬«¬» Í»½¬·±² íìéòëð ¬¸®±«¹¸ íìéòëêô ·²½´«·ª»ô ¬¸» °®±ª··±² ±º ¬¸» Ó·²²»±¬¿ Í¬¿¬«¬» ¸¿´´ ¿°°´§ò . ø¿÷ Ì¸» Ý·¬§? ¼»·¹²¿¬»¼ ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¸¿´´ ¾» ®»°±²·¾´» º±® ·²·¬·¿´´§ Initial Determination ¼»¬»®³·²·²¹ ø×²·¬·¿´ Ü»¬»®³·²¿¬·±²÷ ©¸»¬¸»® ¿ ¼±¹ · ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ±® ¿ ¼¿²¹»®±« ¼±¹ò Ì¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ³¿§ ®»¬¿·² ½«¬±¼§ ±º ¿ ¼±¹ ©¸·½¸ ¸¿ ¾»»² ·²·¬·¿´´§ ¼»¬»®³·²»¼ ¬± ¾» ¿ ¼¿²¹»®±« ¼±¹ °»²¼·²¹ ¬¸» ¸»¿®·²¹ ¿ ¸»®»·²¿º¬»® °®±ª·¼»¼ò Ì¸» ×²·¬·¿´ Ü»¬»®³·²¿¬·±² ¸¿´´ ¾» ½±²½´«·ª» «²´» ¬¸» ±©²»® ¿°°»¿´ ¬¸» ×²·¬·¿´ Ü»¬»®³·²¿¬·±² ¿ ¸»®»·²¿º¬»® °®±ª·¼»¼ò . ø¾÷ Ì¸» Ò±¬·½» ±º ×²·¬·¿´ Ü»¬»®³·²¿¬·±² ¸¿´´ ¾» °»®±²¿´´§ »®ª»¼ ±² ¬¸» ±©²»® ±º ¬¸» Notice of Initial Determination ¼±¹ ±® ±² ¿ °»®±² ±º «·¬¿¾´» ¿¹» ¿¬ ¬¸» ®»·¼»²½» ±º «½¸ ±©²»®ò Ì¸» Ò±¬·½» ±º ×²·¬·¿´ Ü»¬»®³·²¿¬·±² ¸¿´´ ¼»½®·¾» ¬¸» ¼±¹ ¼»»³»¼ ¬± ¾» °±¬»²¬·¿´´§ ¼¿²¹»®±« ±® ¼¿²¹»®±«ô ¸¿´´ ·¼»²¬·º§ ¬¸» ±ºº·½»® ³¿µ·²¹ ¬¸» ×²·¬·¿´ Ü»¬»®³·²¿¬·±² ¿²¼ ¸¿´´ ·²º±®³ ¬¸» ±©²»® ±º ¬¸» ±©²»®? ®·¹¸¬ ¬± ¿°°»¿´ ¬¸» ×²·¬·¿´ Ü»¬»®³·²¿¬·±²ò . ø½÷ ß² ±©²»® ³¿§ ¿°°»¿´ ¬¸» ×²·¬·¿´ Ü»¬»®³·²¿¬·±² ¾§ º·´·²¹ ¿ Î»¯«»¬ º±® Ø»¿®·²¹ Request for Hearing and Hearing ©·¬¸ ¬¸» Ý·¬§ Ó¿²¿¹»® ©·¬¸·² º·ª» øë÷ ¼¿§ ±º ¬¸» ±©²»®? ®»½»·°¬ ±º ¬¸» Ò±¬·½» ±º ×²·¬·¿´ Ü»¬»®³·²¿¬·±²ò ß ¸»¿®·²¹ ¸¿´´ ¾» ¸»´¼ ©·¬¸·² »ª»² øé÷ ¼¿§ ¿º¬»® ¬¸» Ý·¬§? ®»½»·°¬ ±º ¬¸» Î»¯«»¬ º±® Ø»¿®·²¹ò Ì¸» Ý·¬§ Ó¿²¿¹»® ¸¿´´ ¿·¹² ¿ Ø»¿®·²¹ Ñºº·½»®ô ©¸± ¸¿´´ ²±¬ ¾» ¬¸» °»®±² ©¸± ³¿¼» ¬¸» ×²·¬·¿´ Ü»¬»®³·²¿¬·±²ò ß¬ ¬¸» ¸»¿®·²¹ô ¬¸» Ø»¿®·²¹ Ñºº·½»® ¸¿´´ ½±²·¼»® ¬¸» ®»°±®¬ ¿²¼ ½±³³»²¬ ±º ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ô ¬¸» ¬»¬·³±²§ ±º ¿²§ ©·¬²»»ô ©·¬²» ¬¿¬»³»²¬ ¿²¼ ¬¸» ½±³³»²¬ ±º ¬¸» ±©²»® ±º ¬¸» ¼±¹ò ßº¬»® ½±²·¼»®·²¹ ¿´´ ±º ¬¸» »ª·¼»²½» «¾³·¬¬»¼ô ¬¸» Ø»¿®·²¹ Ñºº·½»® ¸¿´´ ³¿µ» ©®·¬¬»² º·²¼·²¹ ¿²¼ ¸¿´´ ¼»¬»®³·²» ©¸»¬¸»® ¬¸» ¼±¹ · ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ±® ¿ ¼¿²¹»®±« ¼±¹ øÚ·²¿´ Ü»¬»®³·²¿¬·±²÷ò Ì¸» º·²¼·²¹ ¸¿´´ ¾» ³¿¼» ©·¬¸·² º·ª» øë÷ ¼¿§ ±º ¬¸» ¼¿¬» ±º ¬¸» ¸»¿®·²¹ ¿²¼ ¸¿´´ ¾» °»®±²¿´´§ »®ª»¼ «°±² ¬¸» ±©²»® ±º ¬¸» ¼±¹ ±® «°±² ¿ °»®±² ±º «·¬¿¾´» ¿¹» ¿¬ ¬¸» ®»·¼»²½» ±º ¬¸» ±©²»®ò . ø¼÷ Ì¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¸¿´´ ·³³»¼·¿¬»´§ »·¦» ¿²§ ¼¿²¹»®±« ¼±¹ ·ºô ©·¬¸·² Seizure of Dangerous Dog º±«®¬»»² øïì÷ ¼¿§ ¿º¬»® ¬¸» »®ª·½» ±º ¬¸» Ò±¬·½» ±º Ú·²¿´ Ü»¬»®³·²¿¬·±² ¼»½´¿®·²¹ ¿ ¼±¹ ¬± ¾» ¿ ¼¿²¹»®±« ¼±¹æ øï÷ Ì¸» ±©²»® ¸¿ ²±¬ ®»¹·¬»®»¼ ¬¸» ¼±¹ ·² ½±³°´·¿²½» ©·¬¸ ¬¸» °®±ª··±² ±º Í»½¬·±² ïðóïèç ø¹÷ò øî÷ Ì¸» ±©²»® ¼±» ²±¬ »½«®» ¬¸» °®±°»® ´·¿¾·´·¬§ ·²«®¿²½» °«®«¿²¬ ¬± Í»½¬·±² ïðóïèç ø¹÷ øï÷ ø¾÷ò ê y ïðóïèç ÓßÐÔÛÉÑÑÜ ÝÑÜÛ øí÷ Ì¸» ¼¿²¹»®±« ¼±¹ · ²±¬ ³¿·²¬¿·²»¼ ·² ¿ °®±°»® »²½´±«®»ò øì÷ Ì¸» ¼¿²¹»®±« ¼±¹ · ±«¬·¼» ¿ °®±°»® »²½´±«®» ¿²¼ ²±¬ «²¼»® ¬¸» °¸§·½¿´ ®»¬®¿·²¬ ±º ¿ ®»°±²·¾´» °»®±²ò ø»÷ò ß ¼¿²¹»®±« ¼±¹ ³¿§ ¾» ®»½´¿·³»¼ ¾§ ¬¸» ±©²»® ±º ¬¸» ¼±¹ «°±² °¿§³»²¬ ±º ¬¸» Reclaiming a Dangerous Dog ·³°±«²¼·²¹ ¿²¼ ¾±¿®¼·²¹ º»» ¿²¼ «°±² °®»»²¬¿¬·±² ±º °®±±º ¬± ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¬¸¿¬ ¬¸» ®»¯«·®»³»²¬ ±º Í»½¬·±² ïðóïèçô Í«¾¼ò ¹ô ¸¿ª» ¾»»² ¿¬·º·»¼ò ß ¼¿²¹»®±« ¼±¹ ²±¬ ®»½´¿·³»¼ «²¼»® ¬¸· °®±ª··±² ©·¬¸·² »ª»² øé÷ ¼¿§ ³¿§ ¾» ¼·°±»¼ ±º ¿ °®±ª·¼»¼ ·² Ó·²²»±¬¿ Í¬¿¬«¬» Í»½¬·±² íëòéïô Í«¾¼·ª··±² íô ¿²¼ ¬¸» ±©²»® ¸¿´´ ¾» ´·¿¾´» ¬± ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ º±® ½±¬ ·²½«®®»¼ ·² ½±²º·²·²¹ ¿²¼ ¼·°±·²¹ ±º ¬¸» ¼¿²¹»®±« ¼±¹ò ) øºò Ë°±² ¿ Ú·²¿´ Ü»¬»®³·²¿¬·±² ¿²¼ ²±¬©·¬¸¬¿²¼·²¹ ¬¸» °®±ª··±² ±º Í»½¬·±² ïðó Substantial/Great Bodily Harm ïèçô Í«¾¼ò ßóÛô ¿ ¼¿²¹»®±« ¼±¹ ¬¸¿¬ ·²º´·½¬»¼ «¾¬¿²¬·¿´ ¾±¼·´§ ¸¿®³ ±® ¹®»¿¬ ¾±¼·´§ ¸¿®³ ±² ¿ ¸«³¿² ¾»·²¹ ±² °«¾´·½ July 14, 2008 8 City Council Meeting Minutes ±® °®·ª¿¬» °®±°»®¬§ ©·¬¸±«¬ °®±ª±½¿¬·±² ³¿§ ¾» ¼»¬®±§»¼ ·² ¿ °®±°»® ¿²¼ ¸«³¿²» ³¿²²»® ¾§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ò (g) Dangerous Dog Restrictions. øï÷ Î»¹·¬®¿¬·±² Î»¯«·®»¼ò Ò± °»®±² ³¿§ µ»»° ¿ ¼¿²¹»®±« ¼±¹ ·² ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ «²´» ¬¸» ¼±¹ · ®»¹·¬»®»¼ ©·¬¸ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¿ °®±ª·¼»¼ ·² ¬¸· ½¸¿°¬»®ò Ì¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¸¿´´ ·«» ¿ ½»®¬·º·½¿¬» ±º ®»¹·¬®¿¬·±² ¬± ¬¸» ±©²»® ±º ¬¸» ¼¿²¹»®±« ¼±¹ ·º ¬¸» ±©²»® °®»»²¬ ¬¸» º±´´±©·²¹ ·²º±®³¿¬·±²æ ø¿÷ Ð®±°»® Û²½´±«®»ò ß Ð®±°»® Û²½´±«®» »¨·¬ º±® ¬¸» ¼¿²¹»®±« ¼±¹ ¿²¼ ¬¸»®» · ¿ °±¬·²¹ ±² ¬¸» °®»³·» ©·¬¸ ¿ ½´»¿®´§ ª··¾´» ©¿®²·²¹ ·¹²ô ·²½´«¼·²¹ ¿ ©¿®²·²¹ §³¾±´ ¬± ·²º±®³ ½¸·´¼®»²ô ¬¸¿¬ ¬¸»®» · ¿ ¼¿²¹»®±« ¼±¹ ±² ¬¸» °®±°»®¬§ò ø¾÷ Þ±²¼ñ×²«®¿²½»ò ß «®»¬§ ¾±²¼ ·«»¼ ¾§ ¿ «®»¬§ ½±³°¿²§ ¿«¬¸±®·¦»¼ ¬± ½±²¼«½¬ ¾«·²» ·² ¬¸» Í¬¿¬» ±º Ó·²²»±¬¿ ·² ¿ º±®³ ¿½½»°¬¿¾´» ¬± ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ·² ¬¸» «³ ±º ¿¬ ´»¿¬ üëðôðððô °¿§¿¾´» ¬± ¿²§ °»®±² ·²¶«®»¼ ¾§ ¬¸» ¼¿²¹»®±« ¼±¹ô ±® ¿ °±´·½§ ±º ´·¿¾·´·¬§ ·²«®¿²½» ·«»¼ ¾§ ¿² ·²«®¿²½» ½±³°¿²§ ¿«¬¸±®·¦»¼ ¬± ½±²¼«½¬ ¾«·²» ·² ¬¸» Í¬¿¬» ±º Ó·²²»±¬¿ ·² ¬¸» ¿³±«²¬ ±º ¿¬ ´»¿¬ üëðôðððô ·²«®·²¹ ¬¸» ±©²»® º±® ¿²§ °»®±²¿´ ·²¶«®·» ·²º´·½¬»¼ ¾§ ¬¸» ¼¿²¹»®±« ¼±¹ò ø½÷ Ó·½®±½¸·°ò Ì¸» ±©²»® ¸¿ ¸¿¼ ¿ ³·½®±½¸·° ·¼»²¬·º·½¿¬·±² ·³°´¿²¬»¼ ·² ¬¸» ¼¿²¹»®±« ¼±¹ô ¿²¼ ¬¸» ²¿³» ±º ¬¸» ³·½®±½¸·° ³¿²«º¿½¬«®»® ¿²¼ ·¼»²¬·º·½¿¬·±² ²«³¾»® ±º ¬¸» ³·½®±½¸·° ³«¬ ¾» °®±ª·¼»¼ ¬± ¬¸» ß²·³¿´ Ý±²¬®±´ ¿«¬¸±®·¬§ò ×º ¬¸» ³·½®±½¸·° · ²±¬ ·³°´¿²¬»¼ ¾§ ¬¸» ±©²»®ô ·¬ ³¿§ ¾» ·³°´¿²¬»¼ ¾§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ô ©·¬¸ ¬¸» ½±¬ ¾±®²» ¾§ ¬¸» ¼±¹? ±©²»®ò é y ïðóïèç ÓßÐÔÛÉÑÑÜ ÝÑÜÛ ø¼÷ É¿®²·²¹ Í§³¾±´ò Ì¸» ±©²»® ¸¿ °±¬»¼ ¿ ©¿®²·²¹ §³¾±´ ¬± ·²º±®³ ½¸·´¼®»² ¬¸¿¬ ¬¸»®» · ¿ ¼¿²¹»®±« ¼±¹ ±² ¬¸» °®±°»®¬§ò Ì¸» ¼»·¹² ±º ¬¸» ©¿®²·²¹ §³¾±´ ³«¬ ¸¿ª» ¾»»² ¿°°®±ª»¼ ¾§ ¬¸» Ó·²²»±¬¿ Ý±³³··±²»® ±º Ð«¾´·½ Í¿º»¬§ò ø»÷ Ì¿¹ò Ì¸» ¼¿²¹»®±« ¼±¹ ³«¬ ¸¿ª» ¿ ¬¿²¼¿®¼·¦»¼ô »¿·´§ ·¼»²¬·º·¿¾´» ¬¿¹ ·¼»²¬·º§·²¹ ¬¸» ¼±¹ ¿ ¼¿²¹»®±« ¿²¼ ½±²¬¿·²·²¹ ¬¸» Ë²·º±®³ Ü¿²¹»®±« Ü±¹ §³¾±´ ¿ºº·¨»¼ ¬± ¬¸» ¼±¹? ½±´´¿® ¿¬ ¿´´ ¬·³»ò øº÷ Ð¸±¬±¹®¿°¸ò Ì¸» ±©²»® ±º ¬¸» ¼¿²¹»®±« ¼±¹ ¸¿´´ ³¿µ» ¬¸» ¼±¹ ¿ª¿·´¿¾´» ¬± ¾» °¸±¬±¹®¿°¸»¼ º±® ·¼»²¬·º·½¿¬·±² ¾§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¿¬ ¿ ¬·³» ¿²¼ °´¿½» °»½·º·»¼ ¾§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ò ø¸÷ Ü¿²¹»®±« Ü±¹ Î»¹«´¿¬·±²ò øï÷ ß²²«¿´ Ú»»ò Ì¸» ±©²»® ±º ¿ ¼¿²¹»®±« ¼±¹ ¸¿´´ °¿§ ¿² ¿²²«¿´ º»» ¿ ¼»¬»®³·²»¼ ¾§ Ý±«²½·´ Ñ®¼·²¿²½»ô ·² ¿¼¼·¬·±² ¬± ¿²§ ®»¹«´¿® ¼±¹ ´·½»²·²¹ º»»ô ¬± ±¾¬¿·² ¿ ½»®¬·º·½¿¬» ±º ®»¹·¬®¿¬·±² º±® ¿ ¼¿²¹»®±« ¼±¹ «²¼»® ¬¸· »½¬·±²ò øî÷ ß²²«¿´ Î»²»©¿´ò Ì¸» ±©²»® ±º ¿ ¼¿²¹»®±« ¼±¹ ³«¬ ®»²»© ¬¸» ®»¹·¬®¿¬·±² ±º ¬¸» ¼±¹ ¿²²«¿´´§ «²¬·´ ¬¸» ¼±¹ · ¼»½»¿»¼ ¿²¼ °¿§ ¬¸» ¿²²«¿´ ®»²»©¿´ º»» ¿ ¼»¬»®³·²»¼ ¾§ Ý·¬§ Ý±«²½·´ Ñ®¼·²¿²½»ò ×º ¬¸» ¼±¹ · ®»³±ª»¼ º®±³ ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ô ·¬ ³«¬ ¾» ®»¹·¬»®»¼ ¿ ¿ ¼¿²¹»®±« ¼±¹ ·² ·¬ ²»© ¶«®·¼·½¬·±²ò July 14, 2008 9 City Council Meeting Minutes øí÷ Ü»¿¬¸ñÌ®¿²º»® º®±³ Ý·¬§ò Ì¸» ±©²»® ±º ¿²§ ¼¿²¹»®±« ¼±¹ ³«¬ ²±¬·º§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ·² ©®·¬·²¹ ±º ¬¸» ¼»¿¬¸ ±º ¬¸» ¼±¹ô ±º ·¬ ¬®¿²º»® ¬± ¿ ®»·¼»²½» ±«¬·¼» ±º ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ ±® ±º ·¬ ¬®¿²º»® ©·¬¸·² ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ ©·¬¸·² ¬¸·®¬§ øíð÷ ¼¿§ ±º ¬¸» ¼»¿¬¸ ±® ¬®¿²º»®ò øì÷ Ò±¬·½» ¬± Ô¿²¼´±®¼ò Ì¸» ±©²»® ±º ¿ ¼¿²¹»®±« ¼±¹ ©¸± ®»²¬ °®±°»®¬§ º®±³ ¿²±¬¸»® ©¸»®» ¬¸» ¼±¹ ©·´´ ®»·¼» ³«¬ ¼·½´±» ¬± ¬¸» °®±°»®¬§ ±©²»®ô °®·±® ¬± »²¬»®·²¹ ·²¬± ¬¸» ´»¿» ¿¹®»»³»²¬ ¿²¼ ¿¬ ¬¸» ¬·³» ±º ¿²§ ´»¿» ®»²»©¿´ ¬¸¿¬ ¬¸» °»®±² ±©² ¿ ¼¿²¹»®±« ¼±¹ ¬¸¿¬ ©·´´ ®»·¼» ¿¬ ¬¸» °®±°»®¬§ò øë÷ Í¿´»ò Ì¸» ±©²»® ±º ¿ ¼¿²¹»®±« ¼±¹ ³«¬ ²±¬·º§ ¬¸» °«®½¸¿»® ¬¸¿¬ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¸¿ ·¼»²¬·º·»¼ ¬¸» ¼±¹ ¿ ¿ ¼¿²¹»®±« ¼±¹ò Ì¸» »´´»® ³«¬ ¿´± ²±¬·º§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ·² ©®·¬·²¹ ±º ¬¸» ¿´» ¿²¼ °®±ª·¼» ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ©·¬¸ ¬¸» ²»© ±©²»®? ²¿³»ô ¿¼¼®»ô ¿²¼ ¬»´»°¸±²» ²«³¾»®ò øê÷ Ó«¦¦´·²¹ò ×º ¬¸» ¼¿²¹»®±« ¼±¹ · ±«¬·¼» ¿ Ð®±°»® Û²½´±«®»ô ¬¸» ¼±¹ ³«¬ ¾» ³«¦¦´»¼ ¿²¼ ®»¬®¿·²»¼ ¾§ «¾¬¿²¬·¿´ ½¸¿·² ±® ´»¿¸ ¿²¼ ¾» «²¼»® ¬¸» °¸§·½¿´ ®»¬®¿·²¬ ±º ¿ ®»¿±²¿¾´» °»®±²ò è y ïðóïèç ÓßÐÔÛÉÑÑÜ ÝÑÜÛ Ì¸» ³«¦¦´» ³«¬ ¾» ³¿¼» ·² ¿ ³¿²²»® ¬¸¿¬ ©·´´ °®»ª»²¬ ¬¸» ¼±¹ º®±³ ¾·¬·²¹ ¿²§ °»®±² ±® ¿²·³¿´ ¾«¬ ¬¸¿¬ ©·´´ ²±¬ ½¿«» ·²¶«®§ ¬± ¬¸» ¼±¹ ±® ·²¬»®º»®» ©·¬¸ ·¬ ª··±² ±® ®»°·®¿¬·±²ò øé÷ Í¬»®·´·¦¿¬·±²ò Ì¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ³¿§ ®»¯«·®» ¿ ¼¿²¹»®±« ¼±¹ ¬± ¾» ¬»®·´·¦»¼ ¿¬ ¬¸» ±©²»®? »¨°»²»ò ×º ¬¸» ±©²»® ¼±» ²±¬ ¸¿ª» ¬¸» ¼¿²¹»®±« ¼±¹ ¬»®·´·¦»¼ô ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ³¿§ ¸¿ª» ¬¸» ¿²·³¿´ ¬»®·´·¦»¼ ¿¬ ¬¸» ±©²»®? »¨°»²»ò ø·÷ò Potentially Dangerous Dog Restrictions øï÷ Î»¹·¬®¿¬·±² Î»¯«·®»¼ò Ò± °»®±² ³¿§ µ»»° ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ·² ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ «²´» ¬¸» ¼±¹ · ®»¹·¬»®»¼ ©·¬¸ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¿ °®±ª·¼»¼ ·² ¬¸· ½¸¿°¬»®ò Ì¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¸¿´´ ·«» ¿ Ý»®¬·º·½¿¬» ±º Î»¹·¬®¿¬·±² ¬± ¬¸» ±©²»® ±º ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ·º ¬¸» ±©²»® °®»»²¬ ¬¸» º±´´±©·²¹ ·²º±®³¿¬·±²æ ø¿÷ Ó·½®±½¸·°ò Ì¸» ±©²»® ¸¿ ¸¿¼ ¿ ³·½®±½¸·° ·¼»²¬·º·½¿¬·±² ·³°´¿²¬»¼ ·² ¬¸» ¼¿²¹»®±« ¼±¹ô ¿²¼ ¬¸» ²¿³» ±º ¬¸» ³·½®±½¸·° ³¿²«º¿½¬«®»® ¿²¼ ·¼»²¬·º·½¿¬·±² ²«³¾»® ±º ¬¸» ³·½®±½¸·° ³«¬ ¾» °®±ª·¼»¼ ¬± ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ò ×º ¬¸» ³·½®±½¸·° · ²±¬ ·³°´¿²¬»¼ ¾§ ¬¸» ±©²»®ô ·¬ ³¿§ ¾» ·³°´¿²¬»¼ ¾§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ô ©·¬¸ ¬¸» ½±¬ ¾±®²» ¾§ ¬¸» ¼±¹? ±©²»®ò ø¾÷ É¿®²·²¹ Í§³¾±´ò Ì¸» ±©²»® ¸¿ °±¬»¼ ¿ ©¿®²·²¹ §³¾±´ ¬± ·²º±®³ ½¸·´¼®»² ¬¸¿¬ ¬¸»®» · ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ±² ¬¸» °®±°»®¬§ò Ì¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¸¿´´ ¿°°®±ª» ¬¸» ©¿®²·²¹ §³¾±´ ¿²¼ ·¬ ´±½¿¬·±² ±² ¬¸» °®±°»®¬§ò Ì¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ³¿§ ¿´± ®»¯«·®» ¿²§ ±º ¬¸» º±´´±©·²¹ ¬± ®»¹·¬»® ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹æ ø¿÷ Ð®±°»® Û²½´±«®»ò ß °®±°»® »²½´±«®» »¨·¬ º±® ¬¸» °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ô ¿²¼ ¬¸»®» · ¿ °±¬·²¹ ±² ¬¸» °®»³·» ©·¬¸ ¿ ½´»¿®´§ ª··¾´» ©¿®²·²¹ ·¹²ô ·²½´«¼·²¹ ¿ ©¿®²·²¹ §³¾±´ô ¬± ·²º±®³ ½¸·´¼®»² ¬¸¿¬ ¬¸»®» · ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ±² ¬¸» °®±°»®¬§ò ø¾÷ Þ±²¼ñ×²«®¿²½»ò ß «®»¬§ ¾±²¼ ·«»¼ ¾§ ¿ «®»¬§ ½±³°¿²§ ¿«¬¸±®·¦»¼ ¬± ½±²¼«½¬ ¾«·²» ·² ¬¸» Í¬¿¬» ±º Ó·²²»±¬¿ ·² ¿ º±®³ ¿½½»°¬¿¾´» ¬± ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ·² ¬¸» «³ ±º ¿¬ ´»¿¬ July 14, 2008 10 City Council Meeting Minutes üëðôðððô °¿§¿¾´» ¬± ¿²§ °»®±² ·²¶«®»¼ ¾§ ¬¸» °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ô ±® ¿ °±´·½§ ±º ´·¿¾·´·¬§ ·²«®¿²½» ·«»¼ ¾§ ¿² ·²«®¿²½» ½±³°¿²§ ¿«¬¸±®·¦»¼ ¬± ½±²¼«½¬ ¾«·²» ·² ¬¸» Í¬¿¬» ±º Ó·²²»±¬¿ ·² ¬¸» ¿³±«²¬ ±º ¿¬ ´»¿¬ üëðôððð ·²«®·²¹ ¬¸» ±©²»® º±® ¿²§ °»®±²¿´ ·²¶«®·» ·²º´·½¬»¼ ¾§ ¬¸» °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ò ç y ïðóïèç ÓßÐÔÛÉÑÑÜ ÝÑÜÛ ø½÷ Ð¸±¬±¹®¿°¸ò Ì¸» ±©²»® ±º ¬¸» °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ¸¿´´ ³¿µ» ¬¸» ¼±¹ ¿ª¿·´¿¾´» ¬± ¾» °¸±¬±¹®¿°¸»¼ º±® ·¼»²¬·º·½¿¬·±² ¾§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¿¬ ¿ ¬·³» ¿²¼ °´¿½» °»½·º·»¼ ¾§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ò ò (j) Potentially Dangerous Dog Regulations øï÷ ß²²«¿´ Ú»»ò Ì¸» ±©²»® ±º ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±«¼±¹ ¸¿´´ °¿§ ¿² ¿²²«¿´ º»» ¿ ¼»¬»®³·²»¼ ¾§ Ý±«²½·´ Ñ®¼·²¿²½»ô ·² ¿¼¼·¬·±² ¬± ¿²§ ®»¹«´¿® ¼±¹ ´·½»²·²¹ º»»ô ¬± ±¾¬¿·² ¿ ½»®¬·º·½¿¬» ±º ®»¹·¬®¿¬·±² º±® ¿ ¼¿²¹»®±« ¼±¹ «²¼»® ¬¸· »½¬·±²ò î÷ ß²²«¿´ Î»²»©¿´ò Ì¸» ±©²»® ±º ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ³«¬ ®»²»© ¬¸» ®»¹·¬®¿¬·±² ±º ¬¸» ¼±¹ ¿²²«¿´´§ «²¬·´ ¬¸» ¼±¹ · ¼»½»¿»¼ ¿²¼ °¿§ ¬¸» ¿²²«¿´ ®»²»©¿´ º»» ¿ ¼»¬»®³·²»¼ ¾§ Ý·¬§ Ý±«²½·´ Ñ®¼·²¿²½»ò ×º ¬¸» ¼±¹ · ®»³±ª»¼ º®±³ ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ô ·¬ ³«¬ ¾» ®»¹·¬»®»¼ ¿ ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ·² ·¬ ²»© ¶«®·¼·½¬·±²ò øí÷ Ü»¿¬¸ñÌ®¿²º»® º®±³ Ý·¬§ò Ì¸» ±©²»® ±º ¿²§ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ³«¬ ²±¬·º§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ·² ©®·¬·²¹ ±º ¬¸» ¼»¿¬¸ ±º ¬¸» ¼±¹ô ±º ·¬ ¬®¿²º»® ¬± ¿ ®»·¼»²½» ±«¬·¼» ±º ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ ±® ±º ·¬ ¬®¿²º»® ©·¬¸·² ¬¸» Ý·¬§ ±º Ó¿°´»©±±¼ ©·¬¸·² ¬¸·®¬§ øíð÷ ¼¿§ ±º ¬¸» ¼»¿¬¸ ±® ¬®¿²º»®ò øì÷ Ò±¬·½» ¬± Ô¿²¼´±®¼ò Ì¸» ±©²»® ±º ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ©¸± ®»²¬ °®±°»®¬§ º®±³ ¿²±¬¸»® ©¸»®» ¬¸» ¼±¹ ©·´´ ®»·¼» ³«¬ ¼·½´±» ¬± ¬¸» °®±°»®¬§ ±©²»®ô °®·±® ¬± »²¬»®·²¹ ·²¬± ¬¸» ´»¿» ¿¹®»»³»²¬ ¿²¼ ¿¬ ¬¸» ¬·³» ±º ¿²§ ´»¿» ®»²»©¿´ ¬¸¿¬ ¬¸» °»®±² ±©² ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ¬¸¿¬ ©·´´ ®»·¼» ¿¬ ¬¸» °®±°»®¬§ò øë÷ Í¿´»ò Ì¸» ±©²»® ±º ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±« ¼±¹ ³«¬ ²±¬·º§ ¬¸» °«®½¸¿»® ¬¸¿¬ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ¸¿ ·¼»²¬·º·»¼ ¬¸» ¼±¹ ¿ °±¬»²¬·¿´´§ ¼¿²¹»®±«ò Ì¸» »´´»® ³«¬ ¿´± ²±¬·º§ ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ·² ©®·¬·²¹ ±º ¬¸» ¿´» ¿²¼ °®±ª·¼» ¬¸» ß²·³¿´ Ý±²¬®±´ ß«¬¸±®·¬§ ©·¬¸ ¬¸» ²»© ±©²»®? ²¿³»ô ¿¼¼®»ô ¿²¼ ¬»´»°¸±²» ²«³¾»®ò Seconded by Councilmember Rossbach. Ayes ? All The motion passed. 2. Review of Tax Increment Financing Districts a. Presentation of Study Results by Springsted, Inc. b. Consider Resolution Calling for a Public Hearing on September 8, 2008, for the purpose of extending TIF Districts. c. Finance Director, Bob Mittet introduced the report and answered questions of the council. d. Assistant Vice President, Consultant, Mikaela Huot, Springsted, Inc., 380 Jackson d the council, gave the report and answered Street, Suite 300, St. Paul, addresse questions of the council. e. Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. July 14, 2008 11 City Council Meeting Minutes Councilmember Nephew moved to approve the Tax Increment Financing District Resolution Calling for a Public Hearing on September 8, 2008, for the purpose of extending TIF Districts. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: July 14, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on Monday, the 14th day of July, 2008, at 7:00 o?clock p.m. for the purpose, in part, of calling a public hearing on the City?s tax increment financing districts within its municipal development district. The following Councilmembers were present: Diana Longrie, Mayor Erik Hjelle, Councilmember Kathleen Juenemann, Councilmember John Nephew, Councilmember Will Rossbach, Councilmember and the following were absent: None Councilmember Nephew introduced the following resolution and moved its adoption: RESOLUTION 08-07-099 CALLING FOR PUBLIC HEARING ON THE PROPOSED ADOPTION OF AMENDMENTS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1, 1-2, 1-3, 1-4, AND 1-5 WITHIN MUNICIPAL DEVELOPMENT DISTRICT NO. 1 BE IT RESOLVED by the City Council (the ?Council?) of the City of Maplewood, Minnesota (the ?City?), as follows: 1.Public Hearing. This Council shall meet on Monday, September 8, 2008, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of (a) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4, and 1-5 within Municipal Development District No. 1, for an increase in the budget of said Tax Increment Financing Districts, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the ?Act?); and (b) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2 and 1-3 within Municipal Development District No. 1, for an extension of the duration of said Tax Increment Financing Districts, all pursuant to and in accordance with the Act and particularly Minnesota Statutes, Section 469.1794, as amended. 2.Notice of Hearing; Filing of Plan Amendments. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Amendments to the Tax Increment Financing Plans on file in the City Clerk?s Office at City Hall and to make such copies available for inspection by the public. The motion for the adoption of the foregoing resolution was duly seconded byCouncilmember Juenemann and upon vote being taken thereon, the following voted in favor: ALL and the following voted against the same: NONE Whereupon said resolution was declared duly passed and adopted. July 14, 2008 12 City Council Meeting Minutes STATE OF MINNESOTA ) )SS. COUNTY OF RAMSEY ) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City?s tax increment financing districts within its municipal development district. ______________________________ City Clerk EXHIBIT A CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the ?Council?) of the City of Maplewood, County of d a public hearing on Monday, September 8, 2008, at 7:00 p.m., at Ramsey, State of Minnesota, will hol the Maplewood City Hall, 1830 E. County Road B, in the City of Maplewood, Minnesota, relating to the adoption of the following: (a) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4, and 1-5 within Municipal Development District No. 1, for an increase in the budget of said Tax Increment Financing Districts, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the ?Act?); and (b) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2 and 1-3 within Municipal Development District No. 1, for an extension of the duration of said Tax Increment Financing Districts, all pursuant to and in accordance with the Act and particularly Minnesota Statues, Sections 469.1794, as amended. Copies of the Amendments to the Tax Increment Financing Plans as proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at City Hall. A map of Municipal Development District No. 1, and Tax Increment Financing District Nos. 1, 2, 4, 5 and 6 is set forth below: [INSERT MAP of Municipal Development District No. 1, and Tax Increment Financing District Nos. 1, 2, 4, 5 and 6] All interested persons may appear at the hearing and present their view orally or in writing. Dated: July 14, 2008. BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile, City Clerk Seconded by Councilmember Juenemann. Ayes ? All The motion passed. July 14, 2008 13 City Council Meeting Minutes 3. Cottages of Maplewood, Limited Partnership (Rekstad) ? Consider Settlement of Claims for Escrow Account. a. Finance Director, Bob Mittet introduced the report and answered questions of the council. b. Acting City Manager, Chuck Ahl answered questions of the council. c. Briggs and Morgan representative, Jenny Boulton, answered questions of the council. d. City Attorney, Alan Kantrud answered questions of the council. Councilmember Juenemann moved to approve the Cottages of Maplewood release of the escrow with $83,100 payable to the City and the balance to Cottages of Maplewood Limited Partnership (The Rekstads) and authorizes the Acting City Manager, Chuck Ahl to execute the documents necessary to accomplish the release. SETTLEMENT AGREEMENT AND MUTUAL RELEASE THIS SETTLEMENT AGREEMENT AND MUTUAL RELEASE AGREEMENT (?this Agreement?) is made by and among Cottages of Maplewood Limited Partnership (?Cottages?), Rekstad Resources, Inc. (?Resources?) and Howard Rekstad (?Rekstad?) and the City of Maplewood, Minnesota (?Maplewood?). Cottages, Resources, Rekstad and Maplewood are collectively referred to herein as ?the parties.? RECITALS A. WHEREAS, Maplewood and Cottages entered into a Development Agreement dated July 1, 1989 (the ?Agreement?); B. WHEREAS, the Agreement included a guaranty by the Developer that if tax increments generated by Cottages? property were less than $75,726 per year, Cottages would pay the difference between actual increments and $75,726 (the ?Shortfall Guaranty?); C. WHEREAS, the Shortfall Guaranty was secured by a Guaranty from Resources and Rekstad (the ?Backup Guaranty?); D. WHEREAS, the Agreement and the Shortfall Guaranty were amended pursuant to the First Amendment to Development Agreement, between Maplewood and Cottages, dated February 1, 1993 (the ?Amendment?); E. WHEREAS, the parties disputed the amount due and payable pursuant to the Shortfall Guaranty and Maplewood and Cottages established an escrow account for the disputed amount pursuant to an Escrow Agreement with Land Title, Inc., dated as of January 17, 2008 (the ?Escrow Agreement?); July 14, 2008 14 City Council Meeting Minutes F. WHEREAS, to avoid the cost of any litigation, the parties wish to settle all disputes relating to the Shortfall Guaranty and the funds escrowed pursuant to the Escrow Agreement in accordance with the terms and conditions of this Agreement. NOW, THEREFORE , based on the recitals and mutual promises contained in this Agreement and other good and valuable consideration, the receipt and sufficiency of which is expressly acknowledged, the parties agree as follows: 1. Settlement Payment: Cottages shall pay Maplewood $83,100 (via a check made payable to ?City of Maplewood, Minnesota?) upon the parties? execution of this Agreement. 2. Release by Cottages, Resources and Rekstad: Cottages, Resources and Rekstad hereby release and forever discharge Maplewood, its governing body members, officers, agents, including the independent contractors, consultants and legal counsel, servants and employees thereof from any and all claims, causes of action, damages, attorneys? fees, costs, disbursements and interest, and any liabilities, known or unknown, liquidated or unliquidated, asserted or unasserted, fixed or contingent, direct or indirect, that may exist regarding or relating to the Shortfall Guaranty and the funds escrowed pursuant to the Escrow Agreement and any and all claims arising from or relating in any way to the subject matter referenced in the Shortfall Guaranty or the Escrow Agreement. 3. Release by Maplewood: Maplewood hereby releases and forever discharges Cottages, Resources and Rekstad and their principals, owners, agents, attorneys, successors, parents, subsidiaries, affiliates, related entities, officers, directors, heirs, assigns and employees from any and all claims, causes of action, damages, attorneys? fees, costs, disbursements and interest, and any liabilities, known or unknown, liquidated or unliquidated, asserted or unasserted, fixed or contingent, direct or indirect, that may exist regarding or relating to the Shortfall Guaranty and the funds escrowed pursuant to the Escrow Agreement and any and all claims arising from or relating in any way to the subject matter referenced in the Shortfall Guaranty or the Escrow Agreement. 4. Covenant Not to Sue: The parties agree not to institute any lawsuit regarding any matter which has been released by this Agreement. If this covenant is violated it shall be considered a breach of this Agreement and shall entitle the nonbreaching parties to any damages caused by the breach, together with reasonable attorneys? fees and costs incurred in defending or otherwise responding to the suit or claim, but shall not invalidate the releases given herein. July 14, 2008 15 City Council Meeting Minutes 5. Legal Expenses, Costs and Attorneys? Fees for Breaches Generally: If any party breaches this Agreement, the breaching party shall be liable for all legal expenses, costs and attorneys? fees incurred by the nonbreaching party resulting from the breach, including but not limited to the attorneys? fees, costs and expenses incurred in enforcing this Agreement. 6. Acknowledgment of Understanding and Legal Representation: By entering into this Agreement, the parties represent that they have relied upon the advice of their respective attorneys, who are the attorneys of their own choice, concerning the legal and tax consequences of this Agreement, that the terms of this Agreement have been explained to them by their respective attorneys, and that the terms of this Agreement are fully understood and voluntarily accepted by them. 7. Agreement Drafted Jointly: Each party has cooperated in the drafting and preparation of this Agreement. Hence, the construction of this Agreement shall not be construed against any party on the basis that the party was the drafter. 8. Choice of Law: This Agreement shall be construed and interpreted in accordance with the laws of the State of Minnesota. 9. Venue for Disputes: The parties agree that any dispute that may arise regarding this Agreement shall be resolved by commencement of an action in a state or federal court situated within the State of Minnesota. 10. The Parties? Cooperation: The parties agree to cooperate fully and execute any and all supplementary documents and to take all additional actions that may be necessary or appropriate to give full force and effect to the basic terms and intent of this Agreement. 11. Entire Agreement: This Agreement sets forth the entire understanding between the parties with regard to the matters set forth in it and shall be binding upon and inure to the benefit of the successors and assigns of each. This Agreement supersedes and replaces any prior agreements, whether oral or written, and any amendments or modifications of this Agreement must be in writing and executed by the parties to be effective. 12. Effective Dates and Counterparts: This Agreement shall become effective and binding immediately following execution by each of the parties set forth below. The Agreement may be executed in counterparts. July 14, 2008 16 City Council Meeting Minutes Dated: July 14, 2008 CITY OF MAPLEWOOD, MINNESOTA Subscribed and sworn to before me this By_________________________________ _____ day of ______________, 2008. Its Mayor By_________________________________ __________________________________ Its Manager Notary Public Dated: July 14, 2008 COTTAGES OF MAPLEWOOD LIMITED PARTNERSHIP By Rekstad Resources, Inc., its general Subscribed and sworn to before me this partner _____ day of ______________, 2008. By_________________________________ Its_________________________________ __________________________________ Notary Public Dated: July 14, 2008 REKSTAD RESOURCES, INC. By ________________________________ Subscribed and sworn to before me this Its ______________________________ _____ day of _______________, 2008. __________________________________ Notary Public Dated: July 14, 2008 ________________________________ Subscribed and sworn to before me this Howard Rekstad _____ day of _______________, 2008. __________________________________ Notary Public Seconded by Councilmember Nephew. Ayes ? Councilmembers Hjelle, Juenemann, Nephew & Rossbach July 14, 2008 17 City Council Meeting Minutes Nay ? Mayor Longrie The motion passed. 4. Carver Crossing Development - a. Consider Resolution Approving Development Contract with CoPar for Settlement of Litigation and Development Plan. b. Consider Resolution Declaring Adequacy of Petition and Ordering Preparation of Report and Plans and Specifications for Phase I Improvements. Mayor Longrie moved to Tablethe Carver Crossing Development Discussion until July 28, 2008 because the development contract was not ready. Seconded by Councilmember Juenemann. Ayes ? All The motion to table passed. Councilmember Juenemann requested a 10-minute break at 8:50 p.m. The council reconvened at 9:00 p.m. 5. Gethsemane Lutheran Church ? Request for Senior Housing Project. a. Acting City Manager, Chuck Ahl introduced the item and answered questions of the council. b. Deputy Public Works Director, DuWayne Konewko gave the report and answered questions of the council. c. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if any citizens wanted to speak regarding the Temporary Lease. No citizens came forward. Councilmember Juenemann moved to approve the Temporary Lease for 2008 use of property as Park.Revising item 1. Term of Lease revising verbage to reflect from now until the end of the year vs. on a month-to-month basis. Section 2 regarding rent, it should reflect single payment rather than a monthly payment until the end of the year. Also, a Notice Section added giving Contact Information for both parties. On the signature page the City Clerk should be added to the list of signees. Councilmember Rossbach seconded the motion with a friendly amendment to change the following information. Revising item 1. Term of Lease revising verbage to reflect from now until the end of the year vs. on a month-to-month basis. Section 2 regarding rent, it should reflect single payment rather than a monthly payment until the end of the year. Also, a Notice Section added giving Contact Information for both parties. On the signature page the City Clerk should be added to the list of signees. July 14, 2008 18 City Council Meeting Minutes Accepted by Councilmember Juenemann. Mayor Longrie questioned the terms of the lease agreement and asked if a representative from Gethsemane wanted to address the concern. Pastor, Richard White, Gethsemane Lutheran Church answered a question of the council regarding changing the motion. Miscellaneous discussion occurred and City Attorney, Alan Kantrud said the appropriate changes would take place regarding the concerns of the city council and the representative of Gethsemane. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. b. Land Use Plan Amendment from P(Park) to R3H(high density residential). (requires 4 votes) a. Senior Planner, Tom Ekstrand introduced the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Mayor Longrie asked if anyone wanted to speak regarding this item. 1. Bob Van Slyke, from Senior Housing Partners Partnering with Presbyterian Homes of Minnesota and Gethsemane Lutheran Church and School, addressed the council and answered questions of the council. 2. Ward Isackson, Principal Architect, Pope Associates, 1255 Energy Park Drive, St. Paul, addressed the council. 3. Mike Plant, Senior Hydrologist on the project answered questions of the council. 4. Robert Martin, Planning Commissioner, 2329 Londin Lane, Maplewood, gave the planning commission report. 5. John Demko, Community Design Review Board Member, gave the CDRB report. 6. Eunice Roberts, 1448 Beaver Creek Parkway, Maplewood spoke in favor of the development. 7. Pastor, Richard White, at Gethsemane Lutheran Church addressed the council. th Street North, Oakdale, spoke in favor of the development. 8. Doug Angrew, 7501 ? 25 9. JoAnn Levour, speaking on behalf of her parents who will live at Rosewood Estates spoke in favor of the development. 10. Rick Thisen, 1147 Mary Place South Maplewood spoke in favor of the development. 11. Marion Ness, Oakdale Resident, spoke in favor of the development. 12. Sil Booth, 515 Sterling Street South, Maplewood spoke in favor of the development. 13. Lynn Wiegert, 2939 Mary Street, Maplewood spoke in favor of the development. July 14, 2008 19 City Council Meeting Minutes 14. Barb Gurney, 436 Brooks Avenue, Roseville spoke in favor of the development. Councilmember Rossbach moved to approve the Land Use Plan Amendment from P(Park) to R3H(high density residential). (requires 4 votes) RESOLUTION 08-07-100 LAND USE PLAN CHANGE RESOLUTION WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota have applied for a change to the City of Maplewood?s land use plan from P (park) to R3H (high density residential) for a proposed 111-unit senior-housing development. WHEREAS, this change applies to the property located south of Gethsemane Lutheran Church, 2410 Stillwater Road. The legal description is: Lot 1, Block 1, Gethsemane Addition WHEREAS, the history of this change is as follows: 1. On June 3, 2008, the planning commission held a public hearing. The city staff published a hearing notice in the Maplewood Review and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission recommended that the city council approve the land use plan change. 2. On July 14, 2008, the city council discussed the land use plan change. They considered recommendations from the planning commission and city staff. reports and NOW, THEREFORE, BE IT RESOLVED that the city council passedthe above described change for the following reasons: 1. Development with the proposed senior housingproject would promote economic development that will expand the property tax base, increase jobs and provide desirable services. 2. The proposed development would provide a wider range of housing types in this neighborhood. 3. The proposed development would be a similar type of use to the apartments across Stillwater Road and would also provide a transitional, buffer use between those abutting apartments and the single family homes to the south and east. This action is subject to the approval of this land use plan amendment by the Metropolitan Council. The Maplewood City Councilpassed this resolution on July 14, 2008. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. July 14, 2008 20 City Council Meeting Minutes Councilmember Juenemann moved to approve the Conditional Use Permit (CUP) for a Planned Unit Development (PUD). RESOLUTION 08-07-101 CONDITIONAL USE PERMIT RESOLUTION WHEREAS, Gethsemane Lutheran Church and Presbyterian Homes of Minnesota applied for a conditionaluse permit for a planned unit development to build a 111-unit senior-housing development. WHEREAS, this permit applies to the property located south of Gethsemane Lutheran Church at 2410 Stillwater Road. The legal description is: Lot 1, Block 1, Gethsemane Addition WHEREAS, the history of this conditional use permit is as follows: 1. On June 3, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the reports and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On June 25, 2008, the housing and redevelopment authority (HRA) reviewed this request and the recommendation of staff. The HRA recommended that the city council approve this permit. 3. On July 14, 2008, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestionor unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additionalcosts for public facilities or services. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. July 14, 2008 21 City Council Meeting Minutes 9. The use would cause minimal adverse environmental effects. Approval is subject to the following conditions: 1. All construction shall follow the approved site plan. The planning staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. 3. The city council shall review this permit in one year. 4. The proposed senior housing development shall remain for use as senior housing unless the city council approves a change in use. 5. The owner/operator of the senior housing development shall obtain a cross easement from Gethsemane Lutheran Church for access and overflow parking before the city will issue a building permit for this development. 6. Compliance with the city?s engineering report by Steve Kummer dated February 13, 2008. 7. The applicant shall post Bartelmy Lane to restrict truck, trash hauling and delivery access and that the city engineer shall explore the closure of Bartelmy Lane from Stillwater Road to Brand Avenue. The Maplewood City Council passed this resolution on July 14, 2008. Seconded by Councilmember Hjelle. Ayes ? All The motion passed. Councilmember Nephew moved to approve a parking waiver to provide 114 fewer parking spaces than are required by ordinance. The applicant shall provide 61 garage spaces and 47 surface parking spaces. This parking waiver is subject to the following conditions: 1. The owners of Gethsemane Senior Housing shall get an access and parking easement from Gethsemane Church to use their parking lot as overflow parking. This written agreement shall be provided prior to the issuance of a building permit. 2. All parking areas shall comply with the dimensional requirements for parking lots that are required by ordinance. Seconded by Councilmember Rossbach. Ayes ? All The motion passed. Councilmember Rossbach moved to approve the Preliminary and Final Plat subject to Compliance with the conditions of the city?s engineering report by Steve Kummer dated February on page 11 of the staff report for item K5. 13, 2008, July 14, 2008 22 City Council Meeting Minutes July 14, 2008 23 City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes ? All Mayor Longrie made a friendly amendment to include the recommendations on page 11 of the staff report (item K5.) The friendly amendment was accepted by the motioners. The motion passed. Councilmember Rossbach moved to approve the plans date-stamped February 1, 2008, for the Gethsemane Senior Housing project, located south of Gethsemane Lutheran Church, 2410 Stillwater Road. Approval is based on the findings for approval required by ordinance and subject to the developer doing the following: 1. Repeat this review in two years if the applicant has not obtained a building permit by that time. After two years this review must be repeated. 2. Obtain the requested zoning approvals before the city will issue a building permit. These approvals are: a comprehensive land use plan amendment from P(park) to R3H 9high density residential), a conditional use permit for a planned unit development, a parking waiver and a final plat. 3. The applicant shall comply with the requirements in the city engineering report by Steve Kummer dated February 13, 2008. 4. The developer of the housing facility shall obtain a cross easement from Gethsemane Lutheran Church for access and overflow parking before the city will issue a building permit for this development. 5. The developer shall provide a trash enclosure for trash and recyclables if they are not kept within the garage and if they would not be properly concealed by the retaining wall if they would be kept outside the garage. 6. Before obtaining a building permit, the applicant shall provide an irrevocable letter of credit in the amount of 150 percent of the cost of completing landscaping and other site improvements. This irrevocable letter of credit shall include the following provisions: The letter of credit must clearly indicate that it is an irrevocable letter of credit in the name of the City of Maplewood, payable on demand, to assure compliance with the terms of the developer?s agreement. The letter of credit must allow for partial withdrawals as needed to guarantee partial project payments covered under the terms of the letter of credit. July 14, 2008 24 City Council Meeting Minutes The letter of credit shall be for a one-year duration and must have a condition indicating automatic renewal, with notification to the city a minimum of 60 days prior to its expiration. 7. All parking and drive areas shall have continuous concrete curbing. 8. The applicant shall install in-ground lawn irrigation as required by city ordinance. 9. Post Bartelmy Lane for ?No Truck, Trash Hauling or Delivery Access,? subject to the approval of the city engineer. 10. Obtain any necessary permits from the Minnesota Department of Transportation and the Ramsey Washington Metro Watershed District. 11. The applicant shall comply with applicable noise-mitigation requirements. This will require the applicant to provide a noise study to evaluate the noise level generated by traffic on Stillwater Road to determine what, if any, mitigation measures are required for the proposed living units. 12. All work shall follow the approved plans. The city planner may approve minor changes. Seconded by Councilmember Nephew. Ayes ? All The motion passed. Councilmember Rossbach moved to approve Extending the date for the Public Hearing for Tax Increment Financing (TIF) to August 25, 2008. Seconded by Councilmember Juenemann. Ayes ? All The motion passed. Councilmember Nephew moved to continue the remainder of the council meeting until Thursday, July 17, 2008, at 5:00 p.m. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Hjelle, Nephew and Rossbach Nay ? Councilmember Juenemann The motion passed. July 14, 2008 25 City Council Meeting Minutes Agenda E5 MINUTES MAPLEWOOD CITY COUNCIL A CONTINUATION OF JULY 14, 2008 COUNCIL MEETING 5:00 p.m., Thursday, July 17, 2008 Council Chambers, City Hall Meeting No. 18-08 A. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 5:02 p.m. by Mayor Longrie. B. ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present until 6:23 p.m. John Nephew, Councilmember Present Will Rossbach, Councilmember Present G. ADMINISTRATIVE PRESENTATIONS Update on City Manager Search and Review of Search Calendar. 1. (Chuck Ahl) a. Acting City Manager, Chuck Ahl reviewed the timeline for the City Manager Search. Announce Joint Meeting with Parks Commission for August 4, 2008, 5:00 p.m. 2. a. Acting City Manager, Chuck Ahl mentioned the joint meeting between the Parks Commission and the City Council. Update on Graffiti Issues in Maplewood. 3.(Dave Fisher, Dave Thomalla) a. Acting City Manager Chuck Ahl gave the report and answered questions of the councilin the absence of Dave Fisher and Dave Thomalla. b. City Attorney, Alan Kantrud answered questions of the council. H. COUNCIL PRESENTATIONS meeting to meeting due to the length *Due to the fact that these items had been carried over from of the city council meetings some of this information had occurred quite a while ago. Report on Fire Pit Contest 1.? Councilmember Hjelle a. Councilmember Hjelle reminded Maplewood residents of the Fire Pit Contest and to continue sending photos of interesting Fire Pits to him but stated residents should not send photos that depict individuals and to keep things civil. 2.Update on Taste of Maplewood ? Mayor Longrie a. Mayor Longrie reported that the Taste of Maplewood was another success for the second year in a row which was attended by a majority of the councilmembers. Ms. Guilfoile was absent to respond to questions Mayor Longrie had regarding the number of vendors and an approximate number of people that attended the event on June 25, 2008. Thursday, July 17, 2008 1 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes b. Acting City Manager, Chuck Ahl responded that comments received regarding the event were well received and over 2,000 people attended the Taste of Maplewood. 3. Betty Copeland Memorial ? Mayor Longrie a. Mayor Longrie informed Maplewood residents that former City Manager, Greg Copeland?swife had passed away a little more than a month ago. A while back there was a very nice article in the newspaper regarding Betty Copeland being the founder of Minnesota Hugs which provided blankets to unfortunate people. 4.Update on N.E.S.T. Meeting ? Mayor Longrie a. Mayor Longrie gave a short report regarding the last N.E.S.T. meeting that she and Councilmember Rossbach had attended and discussed having the N.E.S.T. bus provide transportation for people attending the Taste of Maplewood event. This was a good means of advertising and should help with the ridership as well. b. Councilmember Rossbach added that N.E.S.T. provided free rides to people attending the Taste of Maplewood and to the Ramsey County Fair. As a courtesy the city will be doing some advertising for N.E.S.T. in exchange for their wonderful service to the two events. This transportation service is for residents in the three city area of Maplewood, North St. Paul and Oakdale. 5.Beaver Lake Plat Update ? Mayor Longrie a. Acting City Manager, Chuck Ahl gave a short report on the progress and concerns regarding construction with the Beaver Lake development area. b. Mayor Longrie stated that she has not checked Councilmember Nephew?s website but Mayor Longrie stated Councilmember Nephew had previously indicated that Mayor Longrie had made a statement that was very disturbing to her. Mayor Longrie clarified for the record that she reviewed the tape of the council meeting Councilmember Nephew was referring to and she didn?t find the statement Councilmember Nephew was claiming Mayor Longrie had said. 6. Business Registration ? Councilmember Nephew a. Councilmember Nephew said unfortunately City Clerk, Karen Guilfoile is absent this evening to answer questions regarding the Business Registration letters that were sent out by the Citizen Services Department. The city purchased a list of businesses in Maplewood from the Secretary of State Office and that list didn?t necessarily say what kind of building it was, it just gave the name of the business receiving mail at the address. This has caused some confusion and people have called the city for clarification. This Business Registration program is intended for commercial locations. The only home based businesses that should be covered would be daycare centers that have licensing requirements. This is to make sure there are health and life safety inspections. People have asked for clarifications regarding this. Councilmember Nephew requested that this issue be added to an upcoming agenda for further discussion. Mayor Longrie echoed those comments. Mayor Longrie stated she had requested that City Clerk, Karen Guilfoile to provide documentation to back all of this up because this was something from 2005. Mayor Longrie said she couldn?t find where the fee structure was enacted by the city council. It is her understanding that fees for things like liquor licenses and other permit fees there should be a fee structure that must come through the city council for approval. Mayor Longrie asked City Attorney, Alan Kantrud to respond to this. Mayor Longrie said that the council gave permission to the staff to put together or to look at ?how? to structure a program; not to actually ?enact? a program. Another question she received from Thursday, July 17, 2008 2 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes business owners was what is the ?definition? of a business because she said people are confused by what a business is. City Attorney, Alan Kantrud responded to the Mayor and agreed to her request to check into the motion and history of charging a fee for this. Referendums? Councilmember Rossbach (Removed by Councilmember Rossbach 7. 7/14/08) Conference 8. LMC ? Mayor Longrie a. Mayor Longrie reported that four of the five councilmember?s attended a very informativeLeague of Minnesota Cities Conference in Rochester in June. This is the opportunity to share ideas with other cities and elected officials and bring that information back to your own city. When the council goes to a conference it would be nice for the council to share thoughts of the conference with the community regarding ideas that the City of Maplewood could use. Councilmember Nephew agreed with those comments. He said he thinks it?s important for councilmembers to be seen and to spread the word that the city will be searching for a new City Manager in Maplewood and that it?s a great city to be a part of. Councilmember Rossbach mentioned that a Maplewood citizen was given the Ramsey County Senior Citizen of the Year Award. This citizen is Lorraine Fischer who has served the city in several different capacities at the City of Maplewood for many years. The next step is to be judged at the Minnesota State Fair. He wanted Maplewood residents and the council to be aware of this honor and award. Hauling? Councilmember Rossbach (Added 7/14/08) 9. Garbage a. Councilmember Rossbach said the city has approved the Mayors Agreement which includes making reductions in emissions and pollutants. In consideration of this it may be worthwhile for the city council to consider the interest of consolidating garbage haulers in the city to less than six. This would help the environment and wear and tear on the streets in the city, and the city?s infrastructure. Councilmember Rossbach said he would like to see the city council take some initiative and explore this issue. b. Mayor Longrie stated many senior citizens do not generate that much garbage. During a Citizen?s Forum meeting, senior citizens had asked if there was a way other seniors on their street could consolidate garbage and use one garbage can to save money. This way they could have one pick up for five people instead of five different stops to pick up garbage. This would help their monthly budget and be less of a financial burden. This could also be an innovative way to help the environment rather than limiting the number of refuse haulers. K. UNFINISHED BUSINESS 6. Consider approval of Revisions to Council Rules of Procedure to Implement new Council Meeting Start Time and changes to the Agenda List. a. Acting City Manager, Chuck Ahl reported for City Clerk, Karen Guilfoile in her absence. Thursday, July 17, 2008 3 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes Councilmember Rossbach moved to approve the Revisions to Council Rules of Procedure to Implement new Council Meeting Start Time and changes to the Agenda List. Seconded by Councilmember Hjelle. Ayes ? Mayor Longrie, Councilmembers Hjelle, Nephew & Rossbach Nay ? Councilmember Juenemann The motion passed. L. NEW BUSINESS Mayor Longrie moved to temporarily jump ahead to item L2. until City Attorney, Alan Kantrud was present since he was delayed in court. Seconded by Councilmember Nephew. Ayes ? All The motion to temporarily delay item L1. passed. 1. Consider Revision to Allowed Unit Uses ? Carefree Cottages of Maplewood. a. City Attorney, Alan Kantrud reported. Councilmember Hjelle moved to approve the Occupancy Modification Resolution Revising the Allowed Unit Uses for the Carefree Cottages of Maplewood. OCCUPANCY MODIFICATION RESOLUTION 08-07-102 The Maplewood City Council approved this resolution on July 17, 2008. Thursday, July 17, 2008 4 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes Seconded by Mayor Longrie. Ayes ? All The motion passed. 2.Review of Council Initiatives (Councilmember Hjelle). a. Councilmember Hjelle reported. No action needed. Acting City Manager, Chuck Ahl said staff would schedule a workshop for this sometime in August. 3.City Council Perks and Privileges (Councilmember Hjelle). a. Councilmember Hjelle reported. No action needed. 4.Approval of Claims. Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 1,203,557.38 Checks # 75783 thru # 75850 Dated 6/17/08 thru 06/24/08 $ 302,278.54 Disbursements via debits to checking account Dated 06/12/08 thru 06/18/08 $ 127,872.27 Checks # 75851 thru # 75881 Dated 06/26/08 thru 07/01/08 $ 126,731.26 Disbursements via debits to checking account dated 06/19/08 thru 06/25/08 $ 1,279,048.37 Checks #75882 thru #75940 Dated 07/01/08 thru 07/08/08 $ 278,980.37 Disbursements via debits to checking account Dated 06/26/08 thru 07/02/08 __________________ $ 3,318,468.19 Total Accounts Payable PAYROLL $ 488,597.06 Payroll Checks and Direct Deposits dated 06/27/08 $ 4,597.55 Payroll Deduction check #1005443 thru #1005445 dated 06/27/08 ___________________ $ 493,194.61 Total Payroll GRAND TOTAL $ 3,811,662.80 Seconded by Councilmember Juenemann. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle Thursday, July 17, 2008 5 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes The motion passed. M.CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1, 3, 4, 5, 6, 7. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 2. Mayor Longrie moved to approve item 2. Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 3. Councilmember Juenemann moved to approve item 8. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 1. Consider Approval of 2008 Pay Rates for Temporary/Seasonal, Casual Part-Time and Paid- Per Call Employees. Councilmember Nephew moved to approve the 2008 Pay Rates for Temporary/Seasonal, Casual Part-Time and Paid-Per Call Employees. RESOLUTION 08-07-103 2008 PAY RATES FOR TEMPORARY/SEASONAL, CASUAL PART-TIME AND PAID-PER CALL EMPLOYEES Thursday, July 17, 2008 6 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes Thursday, July 17, 2008 7 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 2. Bruentrup Farm, Barn Grant Remodel Project ? Authorization of Payment. Mayor Longrie moved to authorize the city Finance Director to pay $25,650.00 to Viking Automatic Sprinkler Company for the installation of the new fire sprinkler system in the barn at the Bruentrup Farm. Seconded by Nephew. Ayes ? All The motion passed. Mayor Longrie moved to approve authorizing the Minnesota Historical Society State Capital Projects Grants-in-Aid Agreement #28C6217 for $223,332 and authorize the Building Official to proceed with the grant approved project budget. Secondedby Nephew. Ayes ? All The motion passed. 3. Carmax/Mogren Addition Improvements, City Project 06-17, Approval of Change Order No. 3 (Reduction). Councilmember Nephew moved to approve the Resolution for the Modification of Existing Construction Contract, Change Order No. 3, for City Project 06-17 for Carmax/Mogren Addition Improvements. RESOLUTION 08-07-104 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 06-17, CHANGE ORDER NO.3 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 06-17, Mogren Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designatedas Improvement Project 06-17, Change Order No.3. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorizedand directed to modify the existing contract by executing said Change Order No.3 in the amount of -$151.94. The revised contract amount is $2,421,326.86. Thursday, July 17, 2008 8 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 4. Brookview Area Street Improvements, City Project 07-01, Approval of Change Order No. 2. Councilmember Nephew moved to approve the Brookview Area Street Improvements, City Project 07-01, Approval of Change Order No. 2. RESOLUTION 08-07-105 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-01, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-01, Brookview Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and as Improvement Project 07-01, Change Order No. 2. designated NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No.2 in the amount of $38,503.50. The revised contract amount is $1,928,727.30. Seconded by Mayor Longrie Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. Thursday, July 17, 2008 9 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes 5. Assessments for Linwood Sewer/Water Extension Work Completed under City Project 07- 14 Change Orders No. 1 and 2. a. Resolution Ordering Preparation of Assessment Roll (3 Parcels). b. Resolution Accepting Assessment Roll and Ordering Assessment Hearing. Councilmember Nephew moved to approve the Assessments for Linwood Sewer/Water Extension Work Completed under City Project 07-14 Change Orders 1 and 2. Resolution Ordering Preparation of Assessment Roll (3 Parcels). RESOLUTION 08-07-106 ORDERING PREPARATION OF ASSESSMENT ROLL WHEREAS, the city clerk and city engineer have already received bids and awarded a contract for the overall Ferndale-Geranium Area Street Improvements, City Project 07-14, and the Linwood Avenue sewer and water extension was added to the scope of the project, and;. WHEREAS, all three property owners who received benefit from the sewer and water extension signed assessment objection waivers prior to the work commencing on Linwood Avenue, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the city clerk and city engineer shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land abutting on the streets affected, without regard to cash valuation, as provided by law, and they shall file a copy of such proposed assessment in the city office for inspection. FURTHER, the clerk shall, upon completion of such proposed assessment notify the council thereof. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. Councilmember Nephew moved to approve the Resolution Accepting Assessment Roll and Ordering Assessment Hearing. RESOLUTION 08-07-107 ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Linwood Avenue sewer and water extension under the overall Ferndale-Geranium Area Street Improvements, City Project 07-14, and the said assessment roll is on file in the office of the city engineer in the form of the signed assessment objection waiver documents. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Thursday, July 17, 2008 10 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes 1. A hearing shall be held on the 11th day of August, 2008, 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 to be published in the official newspaper, at least two weeks prior to the hearing, and assessment to mail notices to the owners of all property affected by said assessment. 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 city engineer and that written or oral objections will be considered. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 6. Use Agreement Breast Cancer 3-day Event at Harvest Park. Councilmember Nephew moved to approve the Use Agreement for the Breast Cancer 3-day Event at Harvest Park. USE AGREEMENT City of Maplewood Citizen Services Department The Use Agreement (hereafter ?Agreement?) is made and entered in to this _____ day of ___________, 2008, by and between the City of Maplewood, a Minnesota municipal corporation and NPT Breast Cancer 3- Day, LLC., (hereafter the ?City?), as producer of the 2008 Twin Cities Breast Cancer 3-Day benefiting Susan G. Komen For The Cure and the National Philanthropic NPT-3-Day Trust, a non-profit organization (hereafter ??). WHEREAS, NPT-3-Day has requested to use the Harvest Park property for a scheduled non- profit event benefiting Susan G. Komen For The Cure and the National Philanthropic Trust, national non-profit organizations; and WHEREAS, the City believes that the non-profit event planned by NPT -3-Day would benefit the citizens of the City of Maplewood and the surrounding areas and desire to allow use of the Harvest Park property for the requested uses; NOW THEREFORE, in consideration of the mutual promises, covenants, and benefits contained herein and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged by the City and NPT-3-Day agree as follows: NPT-3-Day 1.shall have the right to use the Harvest Park property in connection with a non-profit cancer awareness program. NPT-3-Day shall have the right to use the property to construct an overnight campground. NO campfires will be allowed, and all camp design and construction plans, including areas in which vehicular access to the property will be allowed, shall be subject to the specific approval of the City. Thursday, July 17, 2008 11 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes NPT-3-Day 2.will be permitted to use the Harvest Park property on the following days: a. September 18, 2008, for set up. b. September 19-21, 2008, for special event day. c. September 22, 2008, for clean up. NPT-3-Day 3.accepts full responsibility and liability for any and all damages resulting to the park property as a result of its use by NPT-3-Day. NPT-3-Day agrees to restore the property to its previous condition, which is acceptable to the City of Maplewood. The Director of Citizen Services and Maplewood Staff will meet with David Kramer, Production Coordinator, Event 360, Inc., on Monday, September 22, 2008, to evaluate the condition of the property and to determine what work will be necessary to restore the property to its previous condition. A security deposit of $250.00, made payable to the ?City of Maplewood? must be received by August 30, 2008. The deposit will be refundable after inspection of the property and completion of all items of concern. y NPT-3-Dashall maintain general liability insurance in an amount of at least $2,000,000.00 per 4. person and $3,000,000.00 per occurrence during the policy term to protect the City from any and all liability to persons or property which may result from NPT-3-Day use of the Harvest Park property. The City of Maplewood 5.shall be responsible for having the property mowed and clear of litter and trash and in good and useable condition prior to September 18, 2008. NPT-3-Day 6.will coordinate security and traffic issues with the City of Maplewood Police Department. The event area will be secured and closed to the public no later than 9:00 p.m. on the days that the property is being used by the NPT-3-Day. NPT-3-Day 7.shall notify the City by August 1, 2008,of the emergency contingency plan for the scheduled event in case of inclement weather. NPT-3-Day shall defend, indemnify and save harmless the City, its elected officials, 8. officers, agents, and employees from any and all suits, actions, legal proceedings, claims, demands, costs, expenses, and attorney?s fees resulting from any claim arising as a result of Twin Cities Breast Cancer 3-Day use of the Harvest Park property under this Agreement. Nothing herein contained shall be deemed to in any way constitute a waiver by the City of any privileges and immunities it may have under the laws of the State of Minnesota or the Constitution of the State of Minnesota. 9. This Agreement shall become effective on the date signed by the last party hereto, and shall be governed by the laws of the State of Minnesota. Agreed to by the undersigned as evidenced by the signature set forth below. City of Maplewood By: _______________________________ Mayor, Diana Longrie Date: _______________________________ Attest: _______________________________ City Clerk, Karen Guilfoile Thursday, July 17, 2008 12 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes NPT Breast Cancer 3-Day By: ______________________________________ Patricia Renzulli Title: Vice President, NPT Breast Cancer 3-Day, LLC. Date: ______________________________________ Seconded by Councilmember Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 7. Senior Housing at St. Paul?s Monastery ? CommonBond Support. Councilmember Nephew moved to approve the support for the Senior housing portion of the St. Paul Monastery project and authorize Mayor Longrie to send a letter of support for CommonBond. Seconded by Mayor Longrie. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. 8. Addition to the Resolution Defining Precinct Boundaries. Mayor Longrie moved to approve the Addition to the Resolution Defining Precinct Boundaries with the correction in P11 changing McKnight Avenue to McKnight Road. RESOLUTION 08-07-108 DEFINING PRECINCT BOUNDARY CHANGES WHEREAS, the City of Maplewood is changing borders to the following precincts to decrease or increase the size of the precincts to more evenly distribute our voters located in the precincts throughout the city. WHEREAS, redefining these boundaries causes changes in the present City of Maplewood established precincts. NOW, THEREFORE, BE IT RESOLVED that the City Council of Maplewood, Minnesota, does hereby define the affected precinct boundaries as follows: Thursday, July 17, 2008 13 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes P1 Maplewood Fire Station County Road B to the North; Rice Street to the West; Larpenteur Avenue to the South; McMenemy Street to the East P2 St. Jerome?s School McMenemy Street on the West; Highway 36 on the North to Desoto Street; Southerly to Roselawn Avenue; Easterly on Roselawn Avenue to 61; Southerly on 61 to Larpenteur Avenue; Westerly to McMenemy Street P8 Ramsey County Library, 3025 Southlawn Drive (Formerly located at Concordia Arms, 2030 Lydia Avenue) No change in boundaries P9 Maplewood Community Center, 2100 White Bear Avenue ? (Formerly Maplewood City Hall, 1830 County Road B East) (Precinct 9 and Former Precinct 10 Combined) Highway 36 to the North; Hazelwood Street to the West; Larpenteur Avenue to the South; Ariel Street to the East to North St. Paul Road to the Southern border of the City P10 Ramsey County Nursing Home (New Boundaries) Holloway Avenue to the North; North St. Paul Road to the West Larpenteur Avenue to the South; McKnight Road to the East P11 Maplewood Middle School McKnight Road on the West; on the South Maryland Avenue; to Ferndale Street; to Ivy Avenue to Pine Tree Drive; to Ryan Drive; to Rebecca Drive; to Alyssa Lane; to Pearson Drive; to Ryan Drive; to Century Avenue on the East; to Northern boundary of Holloway; excluding the portion of North St. Paul which extends South of Holloway. P14 Carver School Hudson Road to the North; McKnight Road to the West Century Avenue to the East; Londin Lane to the South Lower Afton Road to the South East P15 Lutheran Church of Peace Londin Lane to the North to the Northern Border of Lower Afton Road; McKnight Road to the West, Century Avenue to the East; Linwood Avenue to the South P16 Maplewood Fire Station Londin Lane Linwood Avenue on the North, and the East, Western and Southern borders of the City South of Linwood Avenue Seconded by Councilmember Nephew. Ayes ? Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Nay ? Councilmember Hjelle The motion passed. Thursday, July 17, 2008 14 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes M. AWARD OF BIDS None. N. VISITOR PRESENTATIONS ? PART II None. O. ADJOURNMENT Mayor Longrie adjourned the meeting at 6:58 p.m. Thursday, July 17, 2008 15 A continuation of July 14, 2008 Council Meeting City Council Meeting Minutes Agenda Item I1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: TH 49 Corridor Study Report Presentation by Jim Tolass, Ramsey County DATE: July 23, 2008 INTRODUCTION/SUMMARY During the past 12 months, Ramsey County has conducted a process to review the improvements needed to TH 49 [Rice Street] between Roselawn and County Road J. Jim Tolass is the Project Manager from Ramsey County who led this process. Jim will be making a short presentation on the study findings and recommendations. RECOMMENDATION There is no action proposed for this item. Agenda Item K1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Carver Crossing Development ? Consider Resolution Approving Development Contract with CoPar for Settlement of Litigation and Approval of Development Plan DATE: July 24, 2008 INTRODUCTION/SUMMARY The City Council, on May 12, 2008, adopted a resolution establishing terms of a development approval and settlement of litigation for the Carver Crossing development. That resolution directed the preparation of a development contract for Council consideration at the first meeting of June 2008. On June 9, 2008, June 23, 2008 and July 14, 2008 the City Council adopt a motion to table this item to the next meeting. Mr. Baker has reported that the current status of the development agreement drafting and negotiation is progressing but has not been completed. The specific language on security for improvement projects remains to be resolved and the City and CoPar are not prepared to recommend a contract at this time. Mr. Baker and Mr. Rolstan (the CoPar Attorney) request that this item be tabled to the th August 11 meeting to allow all details to be finalized. Mr. Baker and Mr. Rolstan have both been on vacation during July, which has delayed the preparation and negotiations. RECOMMENDATION It is recommended that the City Council adopt a motion to table consideration of the Carver Crossing th Development Contract to the August 11 meeting. Agenda Item K2 MEMORANDUM TO: Charles Ahl, Acting City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Dynamic Display Sign Ordinance DATE: July 18, 2008 for the July 28 City Council Meeting INTRODUCTION On February 11, 2008, the city council adopted a six-month moratorium on the construction or installation of dynamic display signs (off-site and on-site). Dynamic displays are signs designed for outdoor use that are capable of displaying a video signal through technology such as light emitting diodes (LED). The moratorium was adopted in order to allow the city time to study, prepare, and adopt a dynamic display sign ordnance. The moratorium included the Maplewood Community Center sign, which was approved by the city council on October 22, 2007, as part of a settlement agreement with Clear Channel. BACKGROUND June 9, 2008, the city council held a workshop to review the proposed dynamic display ordinance (staff report attached ? Attachment 1). DISCUSSION Off-Site Dynamic Display Signs (Billboards) The CDRB and planning commission recommend approval of the following regulations for off-site dynamic display signs: 1.Permit Process: Allowed with a conditional use permit only. 2.Dynamic Display Changeover Rate: Images must be maintained for a minimum of 12 seconds. 3.Existing Nonconforming Billboard Signs: Reduction of one existing static billboard sign face for every dynamic display sign face installed. 4.Lighting: Must meet outdoor lighting requirements that require that the applicant submit a photometric plan showing that the sign does not exceed .4 foot candles of lumens at all property lines and that the sign does not produce glare or other lighting nuisances. On-Site Dynamic Display Signs The CDRB and planning commission recommend the following regulations for on-site dynamic display signs: 1.Zoning Districts: Business Commercial (BC), Light Manufacturing (M-1), and Heavy Manufacturing (M-2) zoning districts only. 2.Freestanding Signs: a.Size: Only 50 percent of the sign face should be utilized for a dynamic display. The maximum size of a freestanding sign would be based on the maximum size (height and square footage) currently allowed in the city?s sign ordinance. b.Placement: 200 feet to residential, park, or open space (this will ensure no negative impacts from dynamic display signs from these types of uses), 100 feet to a side property line (this will ensure an adequate distance between dynamic display signs), 10 feet to the front property line (existing code requirements). 3. Wall Signs: Allowed with a comprehensive sign plan only. 4.Message Display Changeover Rate: Ten minutes. 5. Temporary Signs: Prohibit dynamic displays on temporary signs. 6. Shared Signs: Allow dynamic display shared signs through the comprehensive sign plan process. 7. Off-Site Advertisement: Keep existing sign code language whichprohibits the display of off-site products or services, unless associated with a public service message. 8.Lighting: Must meet outdoor lighting requirements that require that the applicant submit a photometric plan showing that the sign does not exceed .4 foot candles of lumens at all property lines and that the sign does not produce glare or other lighting nuisances. 9. Public Service Messaging: Remove language in the city?s existing sign code which would allow signs to blink, flash, or flutter if used primarily for public service message. Licensing of Dynamic Display Signs There will be costs associated with additional monitoring and enforcement of dynamic display signs. For this reason staff recommends a yearly license for dynamic display signs (off-site and on-site) in order to recoup those costs. The city council expressed support for the licensing requirement during the city council workshop. Staff has included proposed licensing language in the attached ordinance (Attachment 3). This language is based on Oakdale?s recently adopted dynamic display sign code and licensing requirements. The recommendation is to require dynamic display signs to be approved through the sign permit process, and then be approved yearly through licensing. This would allow the city to revoke a license for a dynamic display sign which has been consistently noncompliant over the year. The yearly fee could match the cost 2 of the sign permit, which is currently $160 for a freestanding sign and $105 for a wall sign. This fee is set by the city council annually. Maplewood Community Center Sign Sign Size Since the city council workshop staff has reassessed the size of the proposed community center dynamic display sign by using the city?s sign area definition which states: ?Sign area means the area in square feet of the smallest geometric figure which describes the area enclosed by the actual copy of a sign, including border and trim of the sign; provided that, for a sign designed with more than one exterior surface, the area shall be computed as including only the maximum single display surface which is visible from any ground position at one time. The supports, uprights or structures in which any sign is supported shall not be included in determining the sign area.? The dynamic display sign approved by the city council last year (Attachment 2) is 15 feet in height and the sign area, based on the above-mentioned measurement technique, is 155.84 square feet. The dynamic display sign face is 69.29 square feet, which is 45 percent of the entire sign. This meets the 50 percent requirement as proposed by the CDRB and planning commission. Sign Location The sign would be placed on the existing freestanding sign base, which is approximately 25 feet from the front property line. This location meets all setback requirements proposed by the CDRB and planning commission in the proposed ordinance. Comprehensive Sign Plan The city?s sign code requires a comprehensive sign plan for multi-tenant properties with five or more tenants or large campuses, such as Mounds Park Academy. The intent of these plans is to ensure that all signage on the property is consistent with each other and compatible with the architecture of the building(s). These plans are approved by the CDRB. In reviewing these plans, the CDRB can vary from the sign code if the result is an improved relationship between the various parts of the overall plan. The city hall campus does not have an approved comprehensive sign plan. In addition to the community center sign, city staff is currently looking into the creation of interpretive and directional signs as well as updates to the County Road B freestanding sign and wall signs within the campus. All of these signs, in addition to the proposed community center sign, could be reviewed as part of a city hall campus comprehensive sign plan. The city council expressed support for a comprehensive sign plan for city hall during the city council workshop. If directed, staff would bring the community center sign and all proposed city hall campus signs to the CDRB for approval. 3 RECOMMENDATIONS 1. Approve the dynamic display sign and licensing ordinance amendment attached (Attachment 3). This code amendment modifies and adds language to the city?s sign and licensing code for dynamic display signs including modifications to the prohibited signs (Section 44-737), temporary signs (Section 44-891), and comprehensive sign plan (Section 44-736); and adds language to the city?s licensing ordinance (Section 14-26). 2. Consider requiring the community center sign and all campus signs to be reviewed by the CDRB for an approved comprehensive sign plan. Attachments: 1. June 9, 2008, City Council Workshop Staff Report 2. Community Center Sign 3. Dynamic Display Sign and Licensing Ordinance 4 MEMORANDUM TO: Charles Ahl, Acting City Manager FROM: Shann Finwall, AICP, Environmental Planner SUBJECT: Dynamic Display Sign Ordinance DATE: June 2, 2008 for the June 9 City Council Workshop INTRODUCTION On February 11, 2008, the city council adopted a six-month moratorium on the construction or installation of dynamic display signs (off-site and on-site). Dynamic displays are signs designed for outdoor use that are capable of displaying a video signal through technology such as light emitting diodes (LED). The moratorium was adopted in order to allow the city time to study, prepare, and adopt dynamic display sign ordnance. The moratorium included the Maplewood Community Center sign, which was approved by the city council on October 22, 2007, as part of a settlement agreement with Clear Channel. BACKGROUND October 8, 2007, the city council held a public hearing for the first reading of the prohibited sign ordinance amendment proposed by the city attorney in regard to the Clear Channel settlement. The city council referred the prohibited sign ordinance language to the planning commission and the community design review board (CDRB) for consideration and input and further requested a recommendation on a dynamic display sign ordinance. October 9, 2007, the CDRB had preliminary review of the prohibited and dynamic display sign ordinance and tabled them to allow time to review the information. October 16, 2007, the planning commission had preliminary review of the prohibited and dynamic display sign ordinance and tabled them to allow time to review the information. October 22, 2007, the city council approved the settlement agreement with Clear Channel (Attachment 1). November 13, 2007, the CDRB reviewed the prohibited and dynamic display sign ordinance, modeled after Eagan?s dynamic display ordinance. The CDRB tabled the item for additional information. November 20, 2007, the planning commission reviewed and tabled the prohibited and namic display sign ordinance in order to allow the CDRB time to make a dy recommendation on the ordinance. November 27 and December 4, 2007, the CDRB and the planning commission recommended approval of a prohibited and an off-site dynamic display sign ordinance. The CDRB and planning commission recommended that staff bring back information regarding on-site dynamic display signs for a possible ordinance amendment in the near future. December 10, 2007, the city council adopted the second reading of the prohibited sign ordinance which removed language in the sign ordinance to allow dynamic display signs within the city. December 27, 2007, the city council approved a conditional use permit to allow Clear Channel to increase the height of a billboard on Highway 36. The increased height was requested by Clear Channel in order to install two dynamic display sign faces onto the billboard, which was authorized through the approved settlement agreement. February 11, 2008, the city council adopted a six-month moratorium on all dynamic display signs. January 8, January 22, and March 11, 2008, the CDRB reviewed and recommended approval of an on-site dynamic display sign ordinance (Attachment 2). April 1, 2008, the planning commission held a public hearing to review the CDRB?s recommendation for an on-site dynamic display ordinance (Attachment 3). In the first motion the planning commission recommended prohibiting off-site and on-site dynamic display signs. This motion passed by a vote of five to three. The planning commission if the city council does allow dynamic display made a second motion which stated that signs in the city that they should use the ordinance as recommended by the CDRB with additions and deletions as described by the planning commission during the April 1 meeting. This motion passed by a vote of six to one, with one abstention. DISCUSSION Research/Ordinances The CDRB and planning commission reviewed the following research and ordinances during several meetings in January, March, and April 2008 in order to compile a recommendation for a dynamic display sign ordinance: League of Minnesota Cities In July 2007 the League of Minnesota Cities released an executive summary regarding the regulation of dynamic display signs (Attachment 4). After review of the new technology and the federal and state laws, they determined that cities can take a number of macro-level approaches to regulations including a complete or near-complete ban on dynamic display signs; allow dynamic display signs with restrictions such as minimum display time, allowing only a percentage of a sign to change, or text size limitations; allowing different types of dynamic displays in zoning districts, such as allowing brighter dynamic signs in a downtown business district than in residential neighborhoods; offering incentive programs to billboard companies to allow dynamic displays in exchange for removal of non-conforming signs; or encourage dynamic displays (some communities like the clean, new look of dynamic signs and encourage them to remove old blighted and poorly maintained signs). SRF Research SRF Consulting Group conducted a study on dynamic signs for the City of Minnetonka in June 2007. The study was requested by Minnetonka after concerns over the installation 2 of two LED billboards by Clear Channel within their city. The city council has reviewed this study previously during the Clear Channel settlement agreement approval last year. Attached again for review is the portion of the study which pertains to regulatory measures recommended for dynamic displays (Attachment 5). SRF recommends 11 areas of consideration when drafting an ordinance including, but not limited to, identifying specific areas where dynamic display signs should be prohibited, acceptable level of operational modes (i.e., static with no transitions, static with fade or dissolve, etc.), minimum distance requirements between signs, etc. City of Minnetonka In June 2007 the City of Minnetonka adopted a dynamic display sign ordinance. Attached for review is the staff report and ordinance amendment submitted by the Minnetonka city attorney, community development director, and city planner (Attachment 6). This report and ordinance amendment gives valuable information on the regulation of dynamic display signs. Minnetonka?s ordinance allows the installation of an off-site dynamic display sign face on a billboard with the removal of two existing billboard sign faces within the city. On-site dynamic display signs are allowed on freestanding signs if they take up 35 percent or less of the allowable sign face and the message changeover is limited to 20 minutes. City of Eagan In October 2007 the City of Eagan adopted a similar ordinance to Minnetonka?s which allows dynamic display signs (Attachment 7). Eagan?s ordinance allows the installation of an off-site dynamic display sign face on a billboard with one of two options: 1) removal of one existing billboard sign face; or 2) allowing the city five hours of community service messaging on the dynamic display sign. On-site dynamic display signs are allowed on freestanding signs in Eagan if they are not the predominant feature, if they do not change or move more often than once every 20 minutes, and if they meet graphic height requirements based on the speed limit in front of the sign. City of St. Paul The City of St. Paul recently adopted an off-site dynamic display sign ordinance which allows dynamic display billboards with restrictions including allowing one square foot of dynamic display sign face for the removal of six square feet of existing non-illuminated static billboard or eight square feet of existing illuminated static billboard. No new regulations are proposed for on-site dynamic display signs, but their existing ordinance allows for electronic message signs (signs that have periodic changes in copy or symbols by electronic means) within their business and industrial zoning districts with the following restrictions: 1. Setback 600 feet from other electronic message signs on the same side of the street. 2. Setback 75 feet from a residential district. 3. Display can fade in/fade out, travel from side to side, or travel from top to bottom. 3 City of Woodbury The City of Woodbury currently has a moratorium on off-site dynamic display signs and is working on drafting an ordinance for these types of signs. They do not have and are not considering, an on-site dynamic display sign ordinance. Their existing ordinance allows electronic message signs (signs which can change messages but not change instantly) on any freestanding sign as long as the message remains constant and steady. There is no time limit specified for when they can change over, but Woodbury city staff has been requiring the messages to remain constant for 24 hours. City of Oakdale The City of Oakdale currently has a moratorium on dynamic display signs. On June 10, 2008, the Oakdale city council is scheduled to hear the second reading of an off-site dynamic display ordinance. The ordinance proposed would allow billboards to have dynamic displays with the following regulations: 1) a permanent removal of two square feet of existing static billboard facing for every one square foot of dynamic display sign; 2) must be licensed yearly; 3) support structure must comply with design standards; 4) minimum duration of image shall be no less than 60 seconds. City of Vadnais Heights On April 15, 2008, the Vadnais Height?s planning commission made a recommendation that their city adopt an ordinance which would allow dynamic displays on billboards with the following regulations: 1) billboards can contain a single dynamic sign that has no animation or moving parts; and 2) minimum duration of image shall be no less than 60 seconds. No changes are currently proposed to their on-site ordinance. Prohibited Sign Ordinance On December 10, 2007, the city council adopted a prohibited sign ordinance amendment as follows: ?Prohibited signs: Signs that have blinking, flashing or fluttering lights or that change in brightness or color. Signs that give public service information, such as time and temperature are exempt.? This amendment was required in order to allow the installation of two dynamic display billboard sign faces approved as part of the Clear Channel settlement agreement. Prior to the amendment the prohibited sign ordinance allowed signs that have the capability of blinking, flashing, fluttering or changing in brightness or color (such as electronic message boards) only if is used ?primarily? for a public service message. This language was adopted in 1972 and was designed to address the old style of bank signs which had light bulbs that could display time and temperature. The unintended result of the prohibited sign ordinance amendment allowed any permitted sign (including billboards) to have an electronic message board or dynamic display regardless of public service message, as long as the sign did not blink, flash, or flutter; the sign can change from one sign face to another without rapid movement, with no regulations proposed regarding changeover rates or styles. This loophole should be addressed in the proposed dynamic display sign ordinance. 4 The ordinance, as amended, still allows signs to have blinking, flashing, or fluttering lights if used primarily for public service messaging. This has been interpreted by the CDRB in the past to mean the display of a public service message at least 31 minutes out of every hour. Since the CDRB and planning commission are proposing an on-site dynamic display sign ordinance which would give businesses an opportunity to utilize the new LED technology, the CDRB and planning commission recommend that the prohibited section of the ordinance be amended to prohibit signs that blink, flash, or flutter regardless of messaging. Off-Site Dynamic Display Signs The sign ordinance defines a billboard as a sign that advertises a product, event, person, institution, activity, business, service, or subject not located on the premises on which the sign is located. Billboards are also referred to as off-site signs. Maplewood?s existing billboard ordinance was adopted in 1982 and permits billboards as follows: 1. Within commercial zoning districts. 2. Maximum size of 450 square feet. 3. A maximum height of 35 feet. 4. Located at least 200 feet to another billboard. 5. Located at least 100 feet to a commercial building. 6. Located at least 200 feet to residential district or 500 feet to residence. 7. Located at least 300 feet to an interchange. 8. Located at least 500 feet to a park. 9. Located at least 10 feet to a property line. Maplewood has five billboards (Attachment 8), all of which were constructed prior to the city?s billboard ordinance. All five billboards are considered legal nonconforming billboards because they exceed at least one of the billboard ordinance?s requirements for size or setbacks. The CDRB and planning commission reviewed the city?s existing billboards and research regarding dynamic display billboards during several meetings in October, November, and December 2007. Based on this research the board and commission both off-site recommended approval of an dynamic display sign ordinance modeled after Eagan?s ordinance (Attachment 7). Four major changes to the Eagan ordinance proposed include: 1. Permitting off-site dynamic display signs with a conditional use permit only. 2. Requiring images to be maintained for a minimum of 12 seconds, as opposed to 8 seconds as proposed by Eagan. 3. Allowing for Incentive Option A only, which is the reduction of one existing static billboard sign face for every dynamic display sign face installed; rather than either/or incentive which also gave applicants the opportunity to install a dynamic display sign face if the city is allowed at least five hours per month of community and public service messages on the sign. 5 4. In addition to the brightness standards outlined in Eagan?s ordinance, the board recommended that off-site dynamic display signs meet Maplewood?s existing outdoor lighting requirements that require that the applicant submit a photometric plan showing that the sign does not exceed .4 foot candles of lumens at all property lines and that the sign does not produce glare or other lighting nuisances. On-Site Dynamic Display Signs The CDRB and planning commission (in their second motion) recommended allowing on-site dynamic display signs with restrictions. Following is a description of the on-site proposed dynamic display sign restrictions: Zoning Districts On-site dynamic display signs should be allowed in the Business Commercial (BC), Light Manufacturing (M-1), and Heavy Manufacturing (M-2) zoning districts only. Freestanding Sign Size On-site dynamic display signs should be allowed on freestanding signs. Only 50 percent of the sign face should be utilized for a dynamic display. The maximum size of a freestanding sign face would be based on the maximum size allowed in the city?s sign ordinance. The sign ordinance allows signs in the BC, M-1, and M-2 zoning districts to have freestanding signs up to 150 to 300 square feet (depending on the size of the lot). In the recommended ordinance the dynamic display portion could be 50 percent of this area (75 to 150 square feet). Freestanding Sign Placement The placement of dynamic display freestanding signs should require setbacks to residential, park, open space, and side property lines. For this reason the proposed setbacks are as follows: 200 feet to residential, park, or open space (this will ensure no negative impacts from dynamic display signs from these types of uses) and 100 feet to a side property line (this will ensure an adequate distance between dynamic display signs). Wall Signs The CDRB discussed whether or not to allow dynamic display signs on walls. The CDRB determined that it would be difficult to address adequate setbacks for wall signs to side property lines or other dynamic display wall signs on the property. For this reason the CDRB and planning commission recommend that dynamic display wall signs only be allowed through the comprehensive sign plan process. The city?s existing sign ordinance requires that all multi-tenant buildings with five or more tenants obtain a comprehensive sign plan approval from the CDRB. The intent of this requirement is to ensure that all signs located on a multi-tenant building are architecturally compatible to the building and to each other. By requiring a comprehensive sign plan review for all dynamic display wall signs the CDRB can review each proposal separately to determine if the existing and proposed signs would be 6 compatible and to ensure that the location of the dynamic display wall sign would not cause a nuisance to surrounding properties. Message Display Time City staff originally recommended a message display changeover for on-site dynamic display signs of 20 minutes to the CDRB, which was based on the Minnetonka and Eagan on-site dynamic display ordinances.The CDRB discussed this requirement at length and requested additional information as follows: The League of Minnesota Cities? July 2007 executive summary on dynamic displays quotes studies that describe the Zeigarnik effect in regard to dynamic displays. The Zeigarnik effect is a psychological need to see a task through to its end, so that a driver will want to read an entire dynamic display message before it changes. In order to do this a driver may slow down or change lanes, causing a traffic safety issue. The League of Minnesota Cities states that cities should address this issue by imposing a minimum message display duration which will vary depending on community preference and traffic conditions. In addition, the June 7, 2007, SRF traffic study states that the message display time should allow at most one image transition during the time that the sign is visible to a driver traveling at the operational speed. In the proposed ordinance, on-site dynamic display signs are proposed for properties which are zoned BC, M-1, and M-2. These properties are located mainly on principal or minor arterial roads. These roads are described in the city?s comprehensive plan as follows: principal arterial - roads carrying the highest volume of traffic with speeds from 40 to 55 mph; minor arterial ? roads that connect sub regions that are the closest routes parallel to the principal arterials and allow moderate to high travel speeds of 35 to 50 mph. Clear Channel and other billboard companies who utilize the dynamic display technology have an industry standard of message display changeover every 8 seconds. This allows a driver traveling at speeds from 55 to 70 mph to see one to two images as they pass by. While not a scientific method, staff recommended that the CDRB compare the highway dynamic display changeover time to the principal and arterial road changeover time with speeds ranging from 35 to 55 mph. When comparing these times, consideration was placed on stop signs and traffic signals which also slowed traffic on these roads. Based on this, staff had recommended that the length of the message display changeover for on-site dynamic display signs be at least one minute up to one hour. After review and discussion the CDRB and planning commission recommend that the message changeover time for on-site dynamic display signs be held at ten minutes. It was felt that this changeover rate would ensure traffic safety and ensure that rapid changes in messages did not cause a nuisance. 7 Temporary Signs The temporary sign ordinance allows portable temporary signs that are less than 16 square feet in area without a permit and without any other regulations on size, number, or duration. It allows portable temporary signs that are over 16 square feet with a permit and with the restriction that it can be installed for a maximum of 30 days per year, per business. City staff recently witnessed the use of a large dynamic display temporary sign in Minneapolis. The prohibited sign ordinance as specified above would allow temporary signs in Maplewood to have a dynamic display, as long as that display did not blink, flash, or flutter. The CDRB had recommended that permanent on-site dynamic display signs be allowed in the BC, M-1, and M-2 zoning districts if they meet the required setbacks to residential, etc. Since it would be difficult to require the same restrictions for temporary signs because they are easily installed anywhere at any time, the CDRB and planning commission recommend that dynamic displays be prohibited on temporary signs. Shared Signs The CDRB discussed the possibility of allowing businesses to share dynamic display signs. The city?s current sign ordinance does not allow one business to advertise another businesses? product or service with the use of shared signs, unless those signs were approved as part of a planned unit development or comprehensive sign plan. A comprehensive sign plan is currently required for multi-tenant properties with five or more tenants. These plans are approved by the CDRB. The CDRB wanted the city?s sign ordinance to encourage the removal of nonconforming signs and promote shared signs (dynamic display or stationary signs) - especially in light of the fact that dynamic display signs have the capability of displaying multiple messages. To achieve this they are recommending additional language in the comprehensive sign plan to allow for this. Off-Site Advertisement The city?s current sign ordinance only allows billboards (off-site signs) to display off-site advertisement such as a product, event, person, institution, activity, business, service or subject which is not located on the premises on which the sign is located. The CDRB had reviewed a concept plan by the Maplewood Mall for the installation of a freestanding dynamic display sign along White Bear Avenue. In the concept review mall representatives indicated that the sign would be used for display of products and services sold in the mall. As an example, they might advertise Guess Jeans and then display the store in which these jeans were sold. In the strict interpretation of the city?s existing ordinance this would be allowed. The CDRB discussed whether this restriction should be revised to allow on-site dynamic displays to advertise off-site products. As an example, to allow the Maplewood Mall to sell space on their sign for a product or service not sold or contracted on site. The CDRB and planning commission recommended that on-site dynamic display signs be prohibited from displaying off-site products or services, unless associated with a public service message, as is currently specified in the city?s sign ordinance. 8 Maplewood Community Center Sign Sign Size and Location The community center sign approved as part of the settlement agreement with Clear Channel last year is approximately 15 feet in height and the dynamic display sign face is 87 square feet in area (Attachment 9). The sign would be placed on the existing freestanding sign base, which is approximately 25 feet from the front property line. The location of the sign would meet the dynamic display sign ordinance recommendations proposed by the CDRB and planning commission. The dynamic display sign face, however, is well over 50 percent of the sign. Since the size and design of the sign were approved as part of the settlement agreement, the size of the dynamic display sign face could be considered grandfathered in and allowed as a pre- approved legal nonconformity. Advertising The Maplewood Community Center has had requests for displaying off-site advertisement on the sign. According to our current and proposed ordinance dynamic displays can only advertise products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises or which give public service information only. The sign ordinance is not clear whether the community center sign, or any other on-site sign, could advertise an off-site advertiser if they were to sponsor an event, such as a bank sponsoring a play at the community center. This is an item for interpretation. However, it is clear that the display of purely off-site signage, such as advertising car loans for a car dealer in Maplewood, would be prohibited. Dynamic Display Changeover Time The CDRB and the planning commission recommended that display changeover for on- site dynamic display signs be limited to ten minutes. This would allow a sign to display six messages an hour. While the changeover time for the community center sign was never discussed during the settlement agreement with Clear Channel, it seems apparent that the intent of the sign was to generate as much advertisement for the community center and the city as possible. For this reason, time changeover of on-site dynamic display signs, including the community center sign, should be reviewed closely. Other Options to Consider 1. Alternative Dynamic Display Regulations for Places of Amusement: The Maplewood Community Center is classified as a place of amusement, recreation, or assembly in the city?s zoning code. Using this description staff estimates that Maplewood has four such facilities including the Aldrich Arena, community center, Days Inn (conference center portion of the hotel), and the Myth (which can hold events similar to Aldrich Arena and the community center). Since these facilities have special needs as far as advertising various events at one center, 9 the city may want to allow alternative regulations for these uses, such as allowing shorter changeover display times. 2. Comprehensive Sign Plan: A comprehensive sign plan is currently required for multi-tenant properties with five or more tenants or large campuses, such as Mounds Park Academy. The intent of these plans is to ensure that all signage on the property is consistent with each other and compatible with the architecture of the building(s). These plans are approved by the CDRB. In reviewing these plans, the CDRB can vary from the sign code if the result is an improved relationship between the various parts of the overall plan. The city does not have a comprehensive sign plan for the Maplewood city hall/community center campus. If the community center sign were reviewed as part of an overall comprehensive sign plan, the city could also review size and design requirements for all future signs on the campus including directional, interpretive, wall, and freestanding signs. City staff is currently looking into the creation of interpretive signs for our campus master plan. These signs will create awareness to the sustainable best management practices the city is implementing on campus such as the rainwater gardens, pervious pavement parking lot, native plantings, etc. In addition, city staff is also looking into updating the Beam Avenue monument sign. All of these signs, in addition to the community center sign, could be reviewed as part of a campus comprehensive sign plan. If the community center sign were reviewed as part of a comprehensive sign plan the city could vary from the recommended ordinance in certain areas, such as display time or advertisement of off or on-site signage, if it resulted in an improved relationship with the overall plan. 3. Licensing of Dynamic Display Signs: The message, display, and changeover rate of a dynamic display sign is controlled by a computer. Changing the sign?s display is instantaneous and easily accomplished. If the city allows dynamic display signs with restrictions, it will require additional inspections, monitoring, and code enforcement to ensure that the sign complies with the code. As an example, one manager of a business could be aware of the city?s ordinances and operate their sign as required; but the next manager may not and with the click of a few buttons the display is noncompliant. The added monitoring and enforcement will bring additional cost to the city. For this reason the city would be within its rights to require a license for dynamic display signs (off-site and on-site) in order to recoup those costs. The license could be renewed annually at a fee determined by the city council. If a sign was noncompliant for long periods of time the city could revoke the license. In addition, the city could feasibly allow the licensing of a specific number of dynamic display signs, which would limit the overall number allowed within the city. 10 4. Public Service Messaging: The board and commission recommended removing the language which would allow signs to blink, flash, or flutter if used primarily for public service message. The city could consider allowing alternative regulations for signs that display primarily public service messaging such as allowing for a faster changeover rate. RECOMMENDATION The proposed dynamic display sign ordinance is attached for the city council?s review (Attachment 10). Staff recommends that the city council review the draft dynamic display ordinance and background materials and offer feedback regarding the proposed ordinance. Attachments: 1. October 22, 2007, Clear Channel Settlement Agreement 2. CDRB Minutes (1/8/08, 1/22/08 and 3/11/08) 3. PC Minutes (4/1) 4. League of Minnesota Cities? Executive Summary on Dynamic Display Signs 5. SRF Dynamic Display Sign Research 6. Minnetonka Dynamic Display Sign Ordinance Staff Report 7. Eagan Dynamic Display Sign Ordinance 8. Billboard Map 9. Community Center Sign 10. CDRB and PC Recommended Dynamic Display Sign Ordinance 11 ORDINANCE NO. ____ AN ORDINANCE AMENDING THE SIGN AND LICENSING CODE TO ALLOW DYNAMIC DISPLAY SIGNS The Maplewood City Council approves the following changes to the Maplewood Code of Ordinances: Section 1. This amendment revises Section 44-737 (prohibited signs): Signs that are not specifically permitted in this article are hereby prohibited. The following signs are specifically prohibited: (3) Signs that have blinking, flashing or fluttering lights. Signs that give public service information, such as time and temperature are exempt. Section 2. This amendment revises Section 44-807 (temporary signs): (i) Temporary signs with blinking, flashing, or fluttering lights or with dynamic displays are prohibited. Section 3. This amendment revises Section 44-736 (comprehensive sign plan): A comprehensive sign plan shall be provided for the following: (1) business premises which occupy the entire frontage in one or more block fronts or for the whole of a shopping center or similar development having five or more tenants in the project; (2) dynamic display wall signs; and (3) shared signs. Such a plan, which shall include the location, size, heights, color, lighting and orientation of all signs, shall be submitted for preliminary plan approval by the city.; provided that, if such comprehensive plan is presented, eExceptions to the sign code schedule regulations of this article may be permitted in the sign areas and densities for the plan as a whole if the signs are in conformity with the intent of this article, and if such exceptions results in an improved relationship between the various parts of the plan, and encourages and promotes the removal of nonconforming signs through the use of shared signs. Comprehensive sign plans shall be reviewed by the community design review board. The applicant, staff and city council may appeal the community design review board?s decision. An appeal shall staff within 15 days of the community design review board?s be presented to city decision to be considered by the city council. Section 4. Adopt an off-site and on-site dynamic display sign ordinance to be included in the city sign code (Article III, Section 44-731 through Section 44-1024) as follows: a. Findings. Studies show that there is a correlation between dynamic displays on signs and the distraction of highway drivers. Distraction of drivers can lead to traffic accidents. Drivers can be distracted not only by a changing message, but also by knowing that the sign has a changing message. In such a case, drivers may watch a sign waiting for the next change to occur. Drivers also are distracted by messages that do not tell the full story in one look. People have a natural desire to see the end of the story and will continue to look at the sign in order to wait for the end. Additionally, drivers could be more distracted by special effects used to change the message, such as fade-ins and fade-outs. Finally, drivers are generally more distracted by messages that are too small to be clearly seen or that contain more than a simple message. Time and temperature signs appear to be an exception to these concerns because the messages are short, easily absorbed by those observing them, and are only accurate with frequent changes. Due to these public safety concerns, the city should only allow the use these technologies with certain restrictions. The restrictions are intended to minimize potential driver distraction, to minimize their proliferation in residential districts where signs can adversely impact residential character, and to protect the public health, safety, and welfare. Local spacing requirements could interfere with the equal opportunity of sign owners to use such technologies and are not included. Without those requirements, however, there is the potential for numerous dynamic displays to exist along any roadway. If more than one dynamic display can be seen from a given location on a road, the minimum display time becomes critical. If the display time is too short, a driver could be subjected to a view that appears to have constant movement. This impact on drivers would be compounded in a traffic corridor with multiple signs. If dynamic displays become pervasive and there are no meaningful limitations on each sign?s ability to change frequently, drivers may be subjected to an unsafe degree of distraction and sensory overload. Therefore, requiring a longer display time on dynamic signs is in the public interest. A constant message is typically needed on a sign so that the public can use it to identify and find an intended destination. Changing messages detract from this way-finding purpose and could adversely affect driving conduct through last- second lane changes, stops, or turns, all of which could result in traffic accidents. In conclusion, the City of Maplewood finds that dynamic displays should be allowed on off and on-premise signs but with significant controls to minimize their proliferation and their potential threats to public health, safety, and welfare. b. Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCDs), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are used for life/safety issues, such as traffic control signs, are exempt from this ordinance. c. Standards for all dynamic display signs: (1) The images and messages displayed on the sign must be complete in themselves, without continuation in content to the next image or message or to any other sign; (2) Every line of copy and graphics in a dynamic display must be at least seven inches in height on a road with a speed limit of 25 to 34 miles per hour, nine inches on a road with a speed limit of 35 to 44 miles per hour, 2 12 inches on a road with a speed limit of 45 to 54 miles per hour, and 15 inches on a road with a speed limit of 55 miles per hour or more. (3) Dynamic display signs must be designed and equipped to freeze the device in one position if a malfunction occurs. The displays must also be equipped with a means to discontinue the display if it malfunctions, and the sign owner must stop the dynamic display within one hour of being notified by the city that it is not meeting the standards of this ordinance; (4) Dynamic display signs must meet the brightness standards contained in subdivision g. below; (5) Dynamic display signs existing on (insert the effective date of this ordinance) must comply with the operational standards listed above. d. On-site dynamic display signs are allowed subject to the following additional conditions: (1) Located in the Business Commercial (BC) or Heavy or Light Industrial (M- 2 and M-1) zoning districts only. (2) The images and messages displayed on the on-premise dynamic display sign must be static and each display must be maintained for a minimum of 10 minutes; and the transition from one static display to another must be instantaneous without any special effects; (3) Are allowed as part of a permanent freestanding sign, provided that the sign comprises no more than 50 percent of the total square footage of said sign face. (4) Must be located at least 200 feet from any residential land use district on which there exists structures used for residential purposes or any residential structure; or from any park or open space land use district. (5) Must be located at least 100 feet from any side property line. (6) Display and advertisement of products, events, persons, institutions, activities, businesses, services, or subjects which are located on the premises only or which give public service information. e. Off-site dynamic display signs are allowed subject to the following additional conditions: (1) A dynamic display sign is allowed by conditional use permit approved by the city council. (2) The images and messages displayed on the sign must be static and each display must be maintained for a minimum of 12 seconds, and the transition from one static display to another must be instantaneous without any special effects; 3 f. Incentive. Off-premises signs do not need to serve the same way-finding function as do on-premises signs and they are distracting and their removal serves the public health, safety, and welfare. This clause is intended to provide an incentive option for the voluntary and uncompensated removal of off-premise signs in certain settings. This sign removal results in an overall advancement of one or more of the goals set forth in this section that should more than offset any additional burden caused by the incentive. These provisions are also based on the recognition that the incentive creates an opportunity to consolidate outdoor advertising services that would otherwise remain distributed throughout Maplewood. Reduction of Sign Surfaces (1) A person or sign operator may obtain a conditional use permit for a dynamic display sign on one surface of an existing off-premises sign if the following requirements are met: (a) The applicant agrees in writing to reduce its off-premise sign surfaces by one by permanently removing, within 15 days after issuance of the permit, one surface of an off-premises sign in the city that is owned or leased by the applicant, which sign surface must satisfy the criteria of parts (2) and (3) of this subsection. This removal must include the complete removal of the structure and foundation supporting each removed sign surface. The applicant must agree that the city may remove the sign surface if the applicant does not do so, and the application must identify the sign surface to be removed and be accompanied by a cash deposit or letter of credit acceptable to the city attorney sufficient to pay the city?s costs for that removal. The applicant must also agree that it is removing the sign surface voluntarily and that it has no right to compensation for the removed sign surface under any law. Replacement of an existing sign surface of an off-premises sign with a dynamic display sign does not constitute a removal of a sign surface. (b) The city has not previously issued a dynamic display sign permit based on the removal of the particular sign surface relied upon in this permit application. (c) If the removed sign surface is one that a state permit is required by state law, the applicant must surrender its permit to the state upon removal of the sign surface. The sign that is the subject of the dynamic display sign permit cannot begin to operate until the sign owner or operator provides proof to the city that the state permit has been surrendered. (2) If the applicant meets the permit requirements noted above, the city will issue a dynamic display sign permit for the designated off-premises sign. This permit will allow a dynamic display to occupy 100 percent of the potential copy and graphic area and to change no more frequently than 4 once every 12 seconds. The designated sign must meet all other requirements of this ordinance. g. Brightness Standards. (1) City staff shall have sole authority to approve the following brightness standards for all dynamic display signs: (a) No sign shall be brighter than is necessary for clear and adequate visibility. (b) No sign shall be of such intensity or brilliance as to impair the vision of a motor vehicle driver with average eyesight or to otherwise interfere with the driver?s operation of a motor vehicle. (c) No sign may be of such intensity or brilliance that it interferes with the effectiveness of an official traffic sign, device or signal. (2) The person owning or controlling the sign must adjust the sign to meet the brightness standards in accordance with the city?s instructions. The adjustment must be made within one hour upon notice of non-compliance from the city. (3) All dynamic display signs installed after (insert the effective date of this ordinance) will have illumination by a means other than natural light must be equipped with a mechanism that automatically adjusts the brightness in response to ambient conditions. These signs must also be equipped with a means to immediately turn off the display or lighting if the sign malfunctions, and the sign owner or operator must turn off the sign or lighting within one hour after being notified by the city that it is not meeting the standards of this section. (4) In addition to the brightness standards required above, dynamic display signs shall meet the city?s outdoor lighting requirements (section 44- 20(1)). h. Public Safety. If city staff determines that a dynamic display sign is a safety hazard due to its location or display capabilities, city staff can require that the sign be moved, removed, or modified after notice to the property owner. Section 5. Adopt an off-site and on-site dynamic display sign licensing ordinance to be included in the city licensing code (Article II, Section 14-26 through Section 14-1437) as follows: a. Purpose and Findings. The purpose and intent of this chapter is to establish rules, regulations and standards for dynamic display signs within the City of Maplewood. b. Definitions. The following words and terms, when used in this chapter, shall have the following meanings unless the context clearly indicates otherwise: 5 Dynamic display sign means any sign designed for outdoor use that is capable of displaying a video signal, including, but not limited to, cathode-ray tubes (CRTs), light-emitting diode (LED) displays, plasma displays, liquid-crystal displays (LCDs), or other technologies used in commercially available televisions or computer monitors. Signs with this technology which are used for life/safety issues, such as traffic control signs, are exempt from this *State law references ? The 1965 Highway Beautification Act and corresponding state laws are in place to provide for effective control of outdoor advertisement. Roadside billboards fall under this category. It is the intent that the cities regulations adhere to these overriding federal and state statutes. c. License Required. No person shall operate an off-site or on-site dynamic display sign in the city without first obtaining a license. Licenses are required to be reviewed annually. d. License Fee and Term of License. Licenses issued pursuant to this chapter are transferable from one owner to another. The amount to be paid for a license required by this chapter shall be equal to the cost of the dynamic display sign permit, established and fixed by the city council, by resolution, from time to time. e. Application for Issuance of License. Applications for a license required by this chapter shall be made to the city on a form supplied by the city, a minimum of thirty (30) days prior to the desired start date. The applicant shall state the full name and address of the applicant; the full business name and address of the applicant; contact phone numbers; the location/legal description of the premises where said dynamic billboard will be located; a letter describing operation; a site plan showing location of the dynamic display sign, and such other information as required by the applicant form. f. Application Process. The completed application shall be presented to the city clerk for consideration and review by the community development department. If the community development department finds the license meets the dynamic display sign code requirements, the city clerk shall issue a license. g. Inspection. The premises of any licensee under this chapter shall be open to inspection at any time during business hours by any authorized officer of the city. h. Duration; renewal. Any license issued under this chapter shall be for one year only, and the application for renewal must be presented to the city clerk each year. The city shall have the right not to reissue a license for a dynamic display sign if the sign is found to be noncompliant with the city?s dynamic display sign code. The licensee has the right to appeal such license denial to the city council. 6 Section 6. This ordinance shall take effect after the city publishes it in the official newspaper. The City Council approved the first reading of this ordinance on July 28, 2008. The City Council approved the second reading of this ordinance on ___________________. _______________________________ Mayor Attest: ________________________________ City Clerk 7 Agenda Item L2 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: DuWayne Konewko, Deputy Director of Public Works SUBJECT:Requesting Approval to Proceed With Preliminary Engineering Work and Development of Master Plan for Lions Park DATE: July 9, 2008 INTRODUCTION Lions Park is located between Margaret Street and Fifth Street, to the north and south respectively, and Century Avenue and Farrell Street to the east and west respectively. A location map and an aerial map are attached for your review. Lions Park was donated to the City in 1964 and is 3.42 acres in size. The park is classified as a neighborhood park with the primary purposes of providing neighborhood recreational opportunities, creating a social center or gathering place for the neighborhood, and open space for informal group play and activities. Other neighborhood parks in the area include Gethsemane and Geranium. The Maplewood Nature Center is also located in this neighborhood. Amenities of the park include a children?s play area, a ball field, a hard-court area for basketball, and an open play area. There is no trail access from the neighborhood and the park has no interior trails. The majority of the park is covered by manicured turf and the facilities are in poor condition. The equipment was purchased in 1973 and the expected useful life of this equipment was approximately 20 years. One of the major challenges with Lions Park is resolving the drainage problems. The park has a very long history of issues related to drainage. Throughout the years the park actually has had areas of standing water and other areas that are too wet to maintain and utilize for recreational activities. Lions Park is used on a regular basis for T-ball, but overall the park is under utilized due in part to these drainage issues as well as very out-dated equipment. DISCUSSION Staff has received numerous complaints from residents regarding the overall condition of Lions Park. These concerns generally speak to the condition of the play equipment and the park being unusable because of standing water and slushy grounds. Staff agrees with these concerns and the Park Commission also shares these sentiments. To address these concerns and begin the neighborhood planning process, staff is requesting authorization from City Council to conduct preliminary engineering work at Lions Park in an amount not to exceed $20,000. The Park Commission discussed the funding of this request at the June 18, 2008 meeting and recommended approval to authorize this work with a unanimous vote. RECOMMENDATION Staff recommends the City Council approves funding for the preliminary engineering work at Lions Park in an amount not to exceed $20,000. The CIP #PM03.010 has $50,000 allocated in 2008 to begin this work. $25,000 of this comes from the Environmental Utility Fund and the remaining $25,000 comes from the Park Agenda Item L2 Development Fund. Staff is further recommending authorization to enter into a contract with SEH for the preliminary engineering work at Lions Park. When the preliminary engineering work is complete, staff will begin working with the Park Commission and the Lions Park neighborhood to begin development of a master plan for the park. Staff will also continue to update council on the progress and outcomes of these discussions. Attachments 1. Site Location Map 2. Aerial Map LIONS PARK Agenda Item L2 Attachment 1 MINNEHAHA AVE CONWAY AVE I-94 LIONS PARK AMENITIES Play fields o Basketball Court o Playground o Trails o Softball Fields o Agenda Item L3 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: DuWayne Konewko, Deputy Director of Public Works SUBJECT:Council Consideration to Conduct a Feasibility and Alignment Study for the Lake Links Trail Improvements Between McKnight Road and Joy Park DATE: July 9, 2008 INTRODUCTION The Lake Links Regional Trail system extends through the City of Maplewood from Little Canada on the west to Century Avenue on the east (please refer to attachment 1). The Lake Links Trail was a collaborative effort between Washington and Ramsey Counties, representatives from the State Legislators, a citizens? advisory committee, and representatives from various cities. The project focused on the creation of a comprehensive master plan for the Lake Links Trail. The purpose of the project was to work cooperatively to develop a master plan for this trail network system. City staff continues to participate in these on-going collaborative discussions and are working internally to complete Maplewood?s link. DISCUSSION With council authorizing trail work at Joy Park and Walter Street, the City has two remaining links to complete ? the link through the Maplewood Mall area (will be considered as part of the larger White Bear Avenue Project) and the remaining link between McKnight Road and Joy Park (please refer to attachment 2). In order to begin planning efforts regarding the placement of this trail component, staff is requesting authorization from City Council to conduct a Feasibility and Alignment Study to determine how best to connect these two trail heads. The feasibility and alignment study will evaluate three potential trail routes that would link the existing Lake Links Trail on McKnight Road to the Joy Park piece currently being looked at (please refer to attachment #3 ). Staff will also be discussing these three proposed trail alignments with the larger regional work group. The Parks Commission discussed this item at the July 16, 2008 meeting and all members? present recommended approval to move ahead with the feasibility and alignment study. RECOMMENDATION Staff recommends that the City Council approve funding for the feasibility and alignment study for the Lake Links Trail improvements between McKnight Road and Joy Park in an amount not to exceed $15,000. The CIP #PM03.010 has $100,000 (Parks ? Trail Development) allocated in 2008 for trail development in the City. Staff is further recommending authorization to enter into a contract with Kimley-Horn and Associates, Inc. to conduct the feasibility and alignment study. When the feasibility and alignment study is complete, staff will begin working with the Park Commission to discuss the merits of the proposed alignment options. The commission will make a recommendation and bring it to council for further consideration. Staff will also continue to update council on the progress and outcomes of these discussions. Attachments 1. Lake Links Trail Map 2. Lake Links Trail Map ? Three Alignment Options Agenda Item L3 Attachment 1 Agenda Item L-4 FROM: Council Member Erik Hjelle 07/28/08 Council Agenda Item. Since the council majority has committed Maplewood City government to implementing the Kyoto Protocol on Carbon Emissions, a working group should be created to find ways to meet this goal. I would like to create a working group that will provide the council and city manager with recommendations and steps that can be taken now and in the future to reduce the ?Carbon Footprint? of the City. As the city works on the budget and other planning documents for 2009, it must incorporate this agreement and find ways to meet its goals. The working group goals will include steps that can be taken to reduce energy use immediately, and over the long term. The group will discuss future fleet vehicle replacement and alternatives. Building and renovation work that will increase efficiency and reduce energy needs. The group will explore what other cities and groups are doing to reduce carbon emissions. The group will also work on what exactly the goals of the Protocol are, and what will be needed to reach those goals. Motion. That the city manager assist Councilmember Hjelle in creating a working group that will help the City reach its goal of adopting the Kyoto Protocol on Carbon Emissions. AGENDA NO. L-6 AGENDA REPORT TO:City Council FROM:Finance Director RE:APPROVAL OF CLAIMS July 28, 2008 DATE: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ Checks # 75941 thru # 76000407,416.12 dated 07/03/08 thru 07/15/08 $ Disbursements via debits to checking account177,039.18 dated 07/02/08 thru 07/11/08 $ Checks # 76001 thru # 76054685,435.37 dated 07/15/08 thru 07/22/08 $ Disbursements via debits to checking account335,813.96 dated 07/11/08 thru 07/18/08 $1,605,704.63Total Accounts Payable PAYROLL $ 533,465.77Payroll Checks and Direct Deposits dated 07/11/08 $ Payroll Deduction check # 1005509 thru # 10055103,420.67 dated 07/11/08 $ Total Payroll536,886.44 $2,142,591.07GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2903 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. kf attachments P:\APPROVAL OF CLAIMS\2008\AprClms 7-11 and 7-18 Check Register City of Maplewood 07/11/2008 CheckDateVendorDescriptionAmount 07/03/2008GRETCHEN FLEENER 7594104110fee for July 4th face painter187.50 7594207/08/200801126MN NCPERS LIFE INSURANCEPERA LIFE INS MONTHLY PREMIUM - 384.00 07/08/2008MEDICA 7594303818MONTHLY PREMIUM - JULY148,962.62 7594407/11/200801931RAMSEY COUNTY FAIRRIDE TICKETS FOR DAYCAMP330.00 07/15/2008ANIMAL CONTROL SERVICES INC 7594500111PATROL & BOARDING FEE 6/23 - 7/61,950.22 07/15/200800111ANIMAL CONTROL SERVICES INCPATROL & BOARDING FEE 6/2 - 6/221,894.17 07/15/2008KIMLEY-HORN & ASSOCIATES INC 7594602728PROJ 07-25 PROF SRVS THRU 5/3165,851.19 07/15/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 07-26 PROF SRVS THRU 5/3138,633.90 07/15/2008KIMLEY-HORN & ASSOCIATES INC 02728PROJ 07-15 PROF SRVS THRU 5/3135,249.09 07/15/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 03-30 PROF SRVS THRU 5/3114,779.05 07/15/2008KIMLEY-HORN & ASSOCIATES INC 02728PROJ 07-30 PROF SRVS THRU 5/3110,136.25 07/15/200802728KIMLEY-HORN & ASSOCIATES INCPROJ 06-17 PROF SRVS THRU 5/319,358.30 07/15/2008XCEL ENERGY 7594701190EQUIP LOAN494.06 07/15/200801190XCEL ENERGYELECTRIC & GAS UTILITY292.04 07/15/2008XCEL ENERGY 01190FIRE SIRENS46.23 7594807/15/200804008AMERITASMONTHLY PREMIUM - JULY9,698.52 07/15/2008BP 7594900096FUEL FOR MW SQUAD #95662.17 7595007/15/200800211BRAUN INTERTEC CORP.PROJ 07-14 PROF SRVS THRU 6/133,571.50 07/15/2008BRAUN INTERTEC CORP. 00211PROJ 07-15 PROF SRVS THRU 6/133,488.26 07/15/200800211BRAUN INTERTEC CORP.PROJ 07-19 PROF SRVS THRU 6/20761.75 07/15/2008BRAUN INTERTEC CORP. 00211PROJ 07-26 PROF SRVS THRU 6/13751.25 7595107/15/200802929CNAGLACMONTHLY PREMIUM - JULY531.50 07/15/2008CSI SOFTWARE 7595200241MEMBER KEY TAGS1,145.00 7595307/15/200800358DGM INC.TOW VEHICLE166.14 07/15/2008DGM INC. 00358TOW VEHICLE143.78 07/15/200800358DGM INC.TOW VEHICLE122.48 07/15/2008DGM INC. 00358TOW VEHICLE122.48 07/15/200800358DGM INC.TOW VEHICLE122.48 07/15/2008DGM INC. 00358TOW VEHICLE116.09 07/15/200800358DGM INC.TOW VEHICLE90.53 07/15/2008DGM INC. 00358TOW VEHICLE90.53 07/15/200800358DGM INC.TOW VEHICLE90.53 07/15/2008DGM INC. 00358TOW VEHICLE90.53 7595407/15/200801372DYNAMEX DELIVERS NOWSAME DAY DELIVERY FEE32.94 07/15/2008DYNAMEX DELIVERS NOW 01372SAME DAY DELIVERY FEE16.92 7595507/15/200801605IFP TEST SERVICES INCPSYCHOLOGICAL EXAM FOR PO 395.00 7595607/15/200800393DEPT OF LABOR & INDUSTRYMONTHLY SURTAX - JUNE 44021230351,854.21 7595707/15/200802336M A TAYLOR INCFITNESS CONSULTANT SERVICES1,500.00 7595807/15/200803122MEDPRO MIDWEST GROUPREPAIR COT282.83 7595907/15/200803270MICHAEL A. MILLER/ISNADULT SOFTBALL UMPIRES 5/27 - 6/254,972.50 7596007/15/200801085MN LIFE INSURANCEMONTHLY PREMIUM - JULY3,517.97 7596107/15/200801075MN/S.C.I.A.MEMBERSHIP/REG FEE - FALL 178.00 7596207/15/200803866NO. ST. PAUL ATHLETIC ASSOC.JR./SR. SOFTBALL PARTICIPATION FEE2,500.00 7596307/15/200803585NORTHWAY IRRIGATION INCPROJ 07-15 IRRIGATION REPAIR 1736 344.00 7596407/15/200801202NYSTROM PUBLISHING CO INCMCC GUIDED TOUR BROCHURE1,349.73 7596507/15/200804111OAKDALE COLLISION CENTERREPAIRS TO SQUAD #946 - CN 080110637,401.55 7596607/15/200800001ONE TIME VENDORREIMB B MARQUETTE IRRIGATION SYS535.45 7596707/15/200800001ONE TIME VENDORREFUND A DAVIS AMB 072267408.33 7596807/15/200800001ONE TIME VENDORREIMB J BELISLE TREE REPLACEMENT383.36 7596907/15/200800001ONE TIME VENDORREFUND P AFFOLTER MEMBERSHIP217.26 07/15/2008ONE TIME VENDOR120.00 7597000001REFUND M & N GALLAGHER BCBS 7597107/15/200800001ONE TIME VENDORREFUND D BURGESS ADMISSIONS FEE43.75 7597207/15/200800001ONE TIME VENDORREFUND J ZOBOROWSKI JAN & FEB 40.00 7597307/15/200800001ONE TIME VENDORREFUND J CARVELLI CLASS CANCELLED35.00 7597407/15/200800001ONE TIME VENDORREFUND C TAVERNA UCARE20.00 7597507/15/200800001ONE TIME VENDORREFUND S SEXE MEDICA BENEFIT20.00 7597607/15/200800001ONE TIME VENDORREFUND J EDMAN HEADBAND4.00 7597707/15/200801941PATRICK TROPHIESMEDALS FOR SPRING SOCCER455.13 07/15/200801941PATRICK TROPHIESMEDALS FOR SPRING FLOOR HOCKEY159.11 7597807/15/200801254PEPSI-COLA COMPANYMDSE FOR RESALE822.70 07/15/200801254PEPSI-COLA COMPANYMDSE FOR RESALE66.00 7597907/15/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-24 TELEVISING695.00 7598007/15/200804112PROFESSIONAL WIRELESS COMMREPAIR RADIO BASE STATION132.13 7598107/15/200803790PROVIDENCE HOMES, INC.REFUND WAC CHARGE224.00 7598207/15/200801345RAMSEY COUNTYRECORD PERMANENT EASEMENT46.00 7598307/15/200803840REAL LIFE VIDEOVIDEO SERVICES 7/1 - 7/10315.00 7598407/15/200801359REGAL AUTO WASH DETAIL XXCAR WASHES - JUNE82.98 7598507/15/200804043SCHWAN FOOD COMDSE FOR RESALE18.98 7598607/15/200803398SHAMROCK GROUPMDSE FOR RESALE129.00 7598707/15/200804113SILVER LAKE IMPROVEMENT ASSOCHERBICIDE TREATMENT OF SILVER 8,250.00 1,300.00 7598807/15/200803775SMEBAKKEN LANDSCAPINGREMOVE & CONSTRUCT NEW FENCE 7598907/15/200801836CITY OF ST PAULLOCATE ELECT & REPAIR LEGACY PKWY294.53 07/15/200801836CITY OF ST PAULCRIME LAB SERVICES - JUNE100.00 7599007/15/200801538STREICHER'SREPLACEMENT - TACTICAL VEST1,748.97 07/15/2008SWEEPER SERVICES 7599101565REPAIR ROLLED OVER SWEEPER5,683.89 7599207/15/200801574T.A. SCHIFSKY & SONS, INCVARIOUS BITUMINOUS MATERIALS449.54 07/15/2008JAMES TAYLOR 7599304055REIMB MILEAGE 6/6 - 7/7136.79 7599407/15/200801616PAUL THIENESREIMB FOR BIKE PATROL UNIFORM 125.05 7599507/15/200803088JOSEPH TRANREIMB FOR TUITION 5/9 - 6/19675.00 7599607/15/200800529UNION SECURITY INSURANCE COLTD PLAN 4043120-2 JULY2,953.25 07/15/200800529UNION SECURITY INSURANCE COSTD PLAN 4043120-1 JULY1,742.87 7599707/15/200802464US BANKFUNDS FOR ATM2,000.00 7599807/15/200803682USA INFLATABLESINFLATABLES FOR 4TH OF JULY979.00 7599907/15/200801750THE WATSON CO INCMDSE FOR RESALE260.51 7600007/15/200801764TOM WESTLINGTENNIS INSTRUCTOR - JUNE1,683.75 407,416.12 60Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 07/02/0807/03/08ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)25,079.33 07/02/0807/03/08ARC AdministrationDCRP & Flex plan payments2,989.88 07/03/0807/07/08MonMN State TreasurerDrivers License/Deputy Registrar(city clrk)21,553.56 MN Dept of RevenueFuel Tax0.00 07/07/0807/08/08TuesMN Dept of Natural ResourcesDNR electronic licenses2,044.00 07/07/0807/08/08MN Dept of Natural ResourcesDNR electronic licenses34.00 07/07/0807/08/08 MN State TreasurerDrivers License/Deputy Registrar(city clrk)21,360.25 07/08/0807/09/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)17,373.91 07/09/0807/10/08ThursMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,137.51 07/09/0807/10/08US Bank VISA One Card*Credit Card Billing Fee54,200.99 07/10/0807/11/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)16,265.75 TOTAL177,039.18 *Detailed listing of VISA purchases is attached. Trans DatePosting Date 06/20/200806/23/2008DAVIS LOCK & SAFE$38.34 MANDY ANZALDI 06/20/200806/23/2008PAPERMART$22.92 MANDY ANZALDI 06/26/200806/30/2008ORIENTAL TRADING CO$175.59 MANDY ANZALDI 06/27/200806/30/2008FACTORY CARD OUTLET #284$105.04 MANDY ANZALDI 07/02/200807/04/2008JOANN ETC #1970$67.65 MANDY ANZALDI 07/02/200807/04/2008DOLRTREE 3150 00031500$13.88 MANDY ANZALDI 07/02/200807/04/2008ANDON BALLOONS INC -$76.15 MANDY ANZALDI 06/19/200806/23/2008AQUA LOGIC INC$1,044.28 JIM BEHAN 06/19/200806/23/2008NORTHAND DIVERS$190.64 JIM BEHAN 06/26/200806/30/2008AQUA LOGIC INC$20.75 JIM BEHAN 06/26/200806/30/2008AQUA LOGIC INC$377.70 JIM BEHAN 06/26/200806/30/2008AQUA LOGIC INC$914.17 JIM BEHAN 07/01/200807/02/2008FACTORY CARD OUTLET #264$32.11 OAKLEY BIESANZ 07/01/200807/03/2008MICHAELS #9401$14.49 OAKLEY BIESANZ 06/24/200806/25/2008PRICE CHOPPER INC$112.39 NEIL BRENEMAN 06/25/200806/27/2008COMETSUPPLY$50.01 NEIL BRENEMAN 07/01/200807/03/2008CVS PHARMACY #1751 Q03$8.53 NEIL BRENEMAN 07/01/200807/03/2008THE HOME DEPOT 2801$7.57 TROY BRINK 06/21/200806/23/2008FASTENAL CO-MO/TO$28.94 DAN BUSACK 06/22/200806/23/2008FRATTALLONE'S ACE HDW$30.33 DAN BUSACK 06/26/200806/27/2008FASTENAL CO-MO/TO$3.66 DAN BUSACK 06/20/200806/23/2008DECO BOUTIQUE$65.10 HEIDI CAREY 06/20/200806/23/2008WEDDINGPAGES INC$900.00 HEIDI CAREY 06/25/200806/26/2008DEX EAST-LOCKBOX$37.00 HEIDI CAREY 06/25/200806/27/2008TIGER OAKS PUBLICATION$650.00 HEIDI CAREY 06/25/200806/27/2008HALFPRICEBANNERS.COM$114.00 HEIDI CAREY 07/01/200807/03/2008INNOVATIVE COLOR PRINTING$207.60 HEIDI CAREY 07/04/200807/04/2008DIGITAL ROOM INC.$202.32 HEIDI CAREY 06/19/200806/23/2008VIKING ELEC-CREDIT DEPT.SCOTT CHRISTENSON 06/19/200806/23/2008VIKING ELEC-CREDIT DEPT.SCOTT CHRISTENSON 06/19/200806/23/2008THE HOME DEPOT 2801$158.44 SCOTT CHRISTENSON 06/23/200806/25/2008THE HOME DEPOT 2801$156.01 SCOTT CHRISTENSON 06/24/200806/25/2008ROCKLER WOODWORK 013$31.18 SCOTT CHRISTENSON 06/26/200806/30/2008THE HOME DEPOT 2801$25.24 SCOTT CHRISTENSON 06/27/200806/30/2008UNITED ELECTRIC #7649$186.97 SCOTT CHRISTENSON 06/24/200806/26/2008SUPERAMERICA 4848$3.91 CHARLES DEAVER 06/26/200806/27/2008MENARDS 3022$12.76 CHARLES DEAVER 06/20/200806/23/2008HYDROLOGIC$66.73 DOUG EDGE 06/20/200806/23/2008HYDROLOGIC$66.73 DOUG EDGE 06/24/200806/26/2008THE HOME DEPOT 2801$3.71 DOUG EDGE 06/25/200806/26/2008MOGREN LANDSCAPE SUPPLY L$143.78 DOUG EDGE 06/25/200806/26/2008MOGREN LANDSCAPE SUPPLY L$10.65 DOUG EDGE 06/27/200806/30/2008HYDROLOGICDOUG EDGE 06/26/200806/27/2008HYDROLOGIC$170.95 DAVE EDSON 06/26/200806/27/2008MENARDS 3059$38.31 DAVE EDSON 06/30/200807/01/2008PANERA BREAD #1305$479.35 THOMAS G EKSTRAND 06/19/200806/23/2008FOREST PRODUCTS SUPPLY$372.75 LARRY FARR 06/19/200806/23/2008ELECTRO WATCHMAN INC$2,179.18 LARRY FARR 06/19/200806/23/2008THE HOME DEPOT 2801$106.32 LARRY FARR 06/22/200806/23/2008MENARDS 3022$68.29 LARRY FARR 06/23/200806/24/2008NOR*NORTHERN TOOL$57.22 LARRY FARR 06/24/200806/26/2008KMART 7106$18.47 LARRY FARR 06/24/200806/26/2008WW GRAINGER 495$56.99 LARRY FARR 06/26/200806/27/2008MUSKA LIGHTING CENTER$580.60 LARRY FARR 06/26/200806/30/2008MEISTER'S BAR & GRILL$27.91 LARRY FARR 06/28/200806/30/2008TARGET 00021352$462.23 LARRY FARR 06/30/200807/01/2008FINAL TOUCH SERVICES LLC$2,481.47 LARRY FARR 06/30/200807/02/2008THE HOME DEPOT 2810$16.52 LARRY FARR 07/01/200807/03/2008THE HOME DEPOT 2801LARRY FARR 07/01/200807/03/2008THE HOME DEPOT 2801$5.49 LARRY FARR 07/02/200807/03/2008TWIN CITY HARDWARE HADLEY$45.69 LARRY FARR 07/03/200807/04/2008MENARDS 3022$31.99 LARRY FARR 06/23/200806/25/2008CURTIS 1000$80.68 KAREN FORMANEK 06/30/200807/02/2008CURTIS 1000$43.83 KAREN FORMANEK 06/24/200806/25/2008QWESTCOMM*TN651$66.45 MYCHAL FOWLDS 06/30/200807/01/2008INSIGHT PUBLIC SECTOR$3,594.22 MYCHAL FOWLDS 06/19/200806/23/2008THE HOME DEPOT 2801$11.70 NICK FRANZEN 06/25/200806/26/2008INSIGHT PUBLIC SECTOR$601.16 NICK FRANZEN 07/02/200807/03/2008KNOWLANS #2$7.48 CAROLE GERNES 06/20/200806/23/2008BLUE RIBBON BAIT & TACKLE$2.08 JANET M GREW HAYMAN 07/03/200807/04/2008DEGE GARDEN CENTER$9.98 JANET M GREW HAYMAN 07/02/200807/03/2008MENARDS 3059$43.62 MARK HAAG 06/25/200806/26/2008THE MENU STORE$125.90 LORI HANSON 06/30/200807/01/2008CLOVER SUPER FOODS$165.00 LORI HANSON 07/02/200807/02/2008COMCAST CABLE COMM$179.51 LORI HANSON 07/02/200807/03/2008ARAMARK MINNEAPOLIS OCS$562.86 LORI HANSON 06/28/200806/30/2008THE HOME DEPOT 2801$69.11 RICK HERLUND 06/27/200806/30/2008MOGREN LANDSCAPE SUPPLY L$115.56 GARY HINNENKAMP 06/27/200806/30/2008HEJNY RENTAL$127.04 GARY HINNENKAMP 06/30/200807/01/2008MOGREN LANDSCAPE SUPPLY L$519.19 GARY HINNENKAMP 06/20/200806/23/2008NORTHAND DIVERS$67.10 RON HORWATH 06/21/200806/23/2008SWIMOUTLET.COM$107.73 RON HORWATH 07/02/200807/03/2008SWIM2000.COM$223.12 RON HORWATH 06/18/200806/23/2008MONARCH WATCH$12.00 ANN E HUTCHINSON 07/01/200807/02/2008DE LAGE LANDEN OP01 OF 01$206.61 ANN E HUTCHINSON 06/25/200806/26/2008DALCO ENTERPRISES, INC$987.35 DAVID JAHN 06/24/200806/25/2008PHILIPS MEDICAL SYSTEMS$1,376.20 BERNARD R JUNGMANN 06/26/200806/27/2008DAVIS LOCK & SAFE$12.78 BERNARD R JUNGMANN 06/26/200806/27/2008MENARDS 3059$12.77 BERNARD R JUNGMANN 06/30/200807/01/2008GERMAN LEATHER AND SHOE$30.00 BERNARD R JUNGMANN 07/01/200807/01/2008TRI-ANIM HEALTH SERVICES$41.52 BERNARD R JUNGMANN 07/01/200807/03/2008TARGET 00011858$195.98 BERNARD R JUNGMANN 07/02/200807/02/2008TRI-ANIM HEALTH SERVICES$35.52 BERNARD R JUNGMANN 07/02/200807/03/2008PRIMARY PRODUCTS COMPANY$51.90 BERNARD R JUNGMANN 06/26/200806/27/2008THE UPS STORE #2171$14.63 TOM KALKA 07/01/200807/02/2008VZWRLSS*APOCC VISN$118.27 DUWAYNE KONEWKO 06/30/200807/01/2008ERIKS BIKE SHOP$27.68 NICHOLAS KREKELER 06/30/200807/02/2008WOLF CAMERA #1530$5.95 NICHOLAS KREKELER 06/24/200806/26/2008OFFICE DEPOT #1090$77.21 LISA KROLL 06/30/200807/02/2008ADVANCED GRAPHIC SYSTEMS$481.39 LISA KROLL 06/30/200807/02/2008ADVANCED GRAPHIC SYSTEMS$61.77 LISA KROLL 07/01/200807/03/2008OFFICE DEPOT #1090$22.09 LISA KROLL 07/01/200807/03/2008OFFICE DEPOT #1090$57.49 LISA KROLL 07/02/200807/04/2008OFFICE DEPOT #1090$140.97 LISA KROLL 06/23/200806/25/2008BOARD OF AELSLAGID$120.00 STEVEN KUMMER 06/19/200806/23/2008GRUBER'S POWER EQUIPME$19.72 STEVE LUKIN 06/20/200806/23/2008ASPEN MILLS INC.$197.58 STEVE LUKIN 06/20/200806/23/2008ASPEN MILLS INC.$179.75 STEVE LUKIN 06/20/200806/23/2008KOHL'S #0052$38.99 STEVE LUKIN 06/24/200806/25/2008WMS*WASTE MGMT WMEZPAY$747.16 STEVE LUKIN 06/26/200806/27/2008USPS 2663650015$14.65 STEVE LUKIN 06/26/200806/27/2008ESCH CONSTRUCTION SUPPLY$37.93 STEVE LUKIN 06/27/200806/30/2008METRO FIRE$529.30 STEVE LUKIN 06/27/200806/30/2008EAT INC$1,562.50 STEVE LUKIN 06/27/200806/30/2008CUB FOODS, INC.$15.54 STEVE LUKIN 06/30/200807/02/2008AIRGAS NORTH CENTRAL$1,050.20 STEVE LUKIN 06/21/200806/23/2008ON SITE SANITATION$1,181.86 MARK MARUSKA 06/24/200806/25/2008HUNT ELECTRIC CORPORATION$795.00 MARK MARUSKA 06/24/200806/26/2008ON SITE SANITATION$15.44 MARK MARUSKA 06/28/200806/30/2008HIGHWAY TECHNOLOGIES #229$189.57 MARK MARUSKA 07/02/200807/03/2008HENRIKSEN ACE HARDWARE$364.20 MARK MARUSKA 07/03/200807/04/2008HUGO'S TREE CARE$1,893.57 MARK MARUSKA 07/03/200807/04/2008HUGO'S TREE CARE$2,278.04 MARK MARUSKA 07/03/200807/04/2008LTG POWER EQUIPMENT$235.25 MARK MARUSKA 06/28/200806/30/2008MENARDS 3022$12.11 JON A MELANDER 06/24/200806/25/2008MOGREN LANDSCAPE SUPPLY L$500.00 GERALD MEYER 06/21/200806/23/2008QWESTCOMM*TN651$57.82 ROBERT MITTET 06/28/200806/30/2008COMCAST CABLE COMM$139.70 ROBERT MITTET 07/02/200807/03/2008FSH COMMUNICATION01 OF 01$63.90 ROBERT MITTET 07/01/200807/03/2008METROCALL/ARCH WIRE$15.93 ED NADEAU 06/19/200806/23/2008OFFICE DEPOT #1090$187.66 AMY NIVEN 06/23/200806/24/2008OFFICE DEPOT #1090$463.67 AMY NIVEN 06/24/200806/26/2008OFFICE DEPOT #1090$62.80 MARY KAY PALANK 06/26/200806/30/2008OFFICE DEPOT #1090$14.79 MARY KAY PALANK 07/02/200807/04/2008OFFICE DEPOT #1090$28.17 MARY KAY PALANK 06/20/200806/23/2008STACKS & STACKS$44.16 PHILIP F POWELL 06/24/200806/26/2008LABSOURCE$120.94 PHILIP F POWELL 06/26/200806/27/2008EVERYTHINGOUTLET.COM$19.00 PHILIP F POWELL 06/26/200806/30/2008SOS OFFICE FURNITURE$224.70 PHILIP F POWELL 06/27/200806/30/2008LABSOURCE$403.35 PHILIP F POWELL 07/01/200807/02/2008GE CAPITAL$331.22 WILLIAM J PRIEFER 06/19/200806/23/2008KATH AUTO PARTS NSP$112.11 STEVEN PRIEM 06/20/200806/23/2008JOHN FRYE DISTRIBUTING$18.63 STEVEN PRIEM 06/20/200806/24/2008TRI-STATE BOBCAT INC.$97.75 STEVEN PRIEM 06/24/200806/25/2008BAUER BULT TRE33200023$192.99 STEVEN PRIEM 06/24/200806/25/2008KREMER SPRING & ALIGNMENT$815.00 STEVEN PRIEM 06/24/200806/26/2008VERMEER SALES & SERVICE$75.00 STEVEN PRIEM 06/26/200806/27/2008HENRIKSEN ACE HARDWARE$13.82 STEVEN PRIEM 06/26/200806/27/2008PARTS ASSOCIATES INC$178.58 STEVEN PRIEM 06/26/200806/30/2008KATH AUTO PARTS NSP$10.93 STEVEN PRIEM 06/26/200806/30/2008CATCO PARTS&SERVICE$163.66 STEVEN PRIEM 06/27/200806/30/2008KATH AUTO PARTS NSP$185.88 STEVEN PRIEM 06/27/200806/30/2008PERFORMANCE TRANSMI$90.20 STEVEN PRIEM 06/27/200807/01/2008CATCO PARTS&SERVICESTEVEN PRIEM 06/30/200807/01/2008MACQUEEN EQUIPMENT INC$122.13 STEVEN PRIEM 06/30/200807/02/2008KATH AUTO PARTS NSP$46.19 STEVEN PRIEM 06/30/200807/02/2008KATH AUTO PARTS NSP$50.53 STEVEN PRIEM 06/30/200807/02/2008KATH AUTO PARTS NSP$13.50 STEVEN PRIEM 07/01/200807/02/2008BAUER BULT TRE33200023$877.70 STEVEN PRIEM 07/01/200807/03/2008ZARNOTH BRUSH WORKS$1,725.30 STEVEN PRIEM 07/01/200807/03/2008KATH AUTO PARTS NSP$50.23 STEVEN PRIEM 07/02/200807/03/2008POLAR CHEVROLET MAZDA PAR$16.40 STEVEN PRIEM 07/02/200807/04/2008KATH AUTO PARTS NSPSTEVEN PRIEM 07/02/200807/04/2008TOUSLEY FORD I27200039$259.32 STEVEN PRIEM 06/30/200807/01/2008GRAFIX SHOPPE$131.00 KEVIN RABBETT 07/01/200807/04/2008UNIFORMS UNLIMITED$2,691.34 KEVIN RABBETT 07/03/200807/04/2008ACCURINT EOM AUTO P$30.00 KEVIN RABBETT 07/03/200807/04/2008NOVACARE REHB/HEALT$300.00 TERRIE RAMEAUX 06/20/200806/23/2008DALCO ENTERPRISES, INC$779.82 MICHAEL REILLY 07/02/200807/03/2008HILLYARD INC MINNEAPOLIS$932.49 MICHAEL REILLY 06/19/200806/23/2008TARGET 00011858$194.44 AUDRA ROBBINS 06/19/200806/23/2008RAINBOW FOODS 00088617$24.55 AUDRA ROBBINS 06/20/200806/23/2008CUB FOODS, INC.$84.75 AUDRA ROBBINS 06/24/200806/25/2008COMO TOWN$408.32 AUDRA ROBBINS 06/26/200806/27/2008WAL-MART$14.62 AUDRA ROBBINS 06/26/200806/27/2008WALGREENS #2936$9.98 AUDRA ROBBINS 06/26/200806/27/2008WAL-MART #2087$429.90 AUDRA ROBBINS 06/26/200806/30/2008S&S WORLDWIDE$74.13 AUDRA ROBBINS 06/27/200806/30/2008ORIENTAL TRADING CO$91.60 AUDRA ROBBINS 07/01/200807/02/2008CUB FOODS, INC.$15.36 AUDRA ROBBINS 07/02/200807/03/2008TARGET 00011858$61.88 AUDRA ROBBINS 07/02/200807/04/2008CRYSTAL CAVE$450.49 AUDRA ROBBINS 07/02/200807/04/2008CRYSTAL CAVE$11.28 AUDRA ROBBINS 07/03/200807/04/2008FACTORY CARD OUTLET #284$66.13 AUDRA ROBBINS 06/23/200806/24/2008HEJNY RENTALROBERT RUNNING 06/23/200806/24/2008HEJNY RENTAL$138.59 ROBERT RUNNING 06/24/200806/25/2008RED WING SHOE STORE$165.00 ROBERT RUNNING 06/26/200806/30/2008THE HOME DEPOT 2801$13.29 ROBERT RUNNING 06/30/200807/02/2008HYDROLOGIC$13.72 ROBERT RUNNING 06/23/200806/25/2008THE OLIVE GARD00012005$131.85 HARRIET J RYDEL 06/25/200806/27/2008TARGET 00011858$10.65 HARRIET J RYDEL 06/26/200806/27/2008LORMAN EDUCATION SERVICE$359.00 HARRIET J RYDEL 06/26/200806/30/2008OFFICE DEPOT #1090$63.72 HARRIET J RYDEL 07/01/200807/02/2008GE CAPITAL$43.67 HARRIET J RYDEL 07/02/200807/04/2008OFFICE DEPOT #1090$63.94 HARRIET J RYDEL 06/26/200806/27/2008MENARDS 3059$233.98 JAMES SCHINDELDECKER 06/26/200806/30/2008OFFICE DEPOT #1090$161.17 DEB SCHMIDT 06/23/200806/25/2008UNIFORMS UNLIMITED INC$49.99 MICHAEL SHORTREED 06/24/200806/26/2008UNIFORMS UNLIMITED INC$64.46 MICHAEL SHORTREED 06/26/200806/30/2008TEXAS AMERICA SAFETY COMP$164.00 MICHAEL SHORTREED 06/27/200806/30/2008RAINBOW FOODS 00088617$186.12 MICHAEL SHORTREED 06/27/200806/30/2008RAINBOW FOODS 00088617$152.28 MICHAEL SHORTREED 06/27/200806/30/2008HEALTHEAST TRANSPORTATN$627.42 MICHAEL SHORTREED 06/30/200807/02/2008UNIFORMS UNLIMITED INC$255.00 MICHAEL SHORTREED 07/01/200807/02/2008BATTERIES PLUS$77.13 MICHAEL SHORTREED 07/01/200807/03/2008TOUSLEY FORD I27228006$212.26 MICHAEL SHORTREED 07/01/200807/03/2008MINNESOTACO$82.05 MICHAEL SHORTREED 07/02/200807/03/2008STREICHERS INC$44.69 MICHAEL SHORTREED 06/20/200806/23/2008ON SITE SANITATION$961.70 PAULINE STAPLES 06/29/200807/01/2008TARGET 00006940$24.11 PAULINE STAPLES 07/01/200807/02/2008T-MOBILE RECURRING PMT$104.64 DOUGLAS J TAUBMAN 07/01/200807/03/2008SPORTS AUTHORITY #0701$48.03 DOUGLAS J TAUBMAN 06/26/200806/27/2008NAPA AUTO PARTS 3279016$14.02 TODD TEVLIN 06/30/200807/01/2008DIAMOND VOGEL PAINT CENT$84.35 TODD TEVLIN 06/30/200807/01/2008HEJNY RENTAL$225.20 TODD TEVLIN 06/26/200806/30/2008QUILL CORPORATION$60.60 SUSAN ZWIEG 06/27/200806/30/2008MENARDS 3018$7.97 SUSAN ZWIEG 06/30/200807/02/2008ADVANCED GRAPHIC SYSTEMS$146.97 SUSAN ZWIEG TOTAL$54,200.99 CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK DATEEMPLOYEE NAMEAMOUNT 07/11/08HJELLE, ERIK416.42 07/11/08JUENEMANN, KATHLEEN416.42 07/11/08NEPHEW, JOHN416.42 07/11/08ROSSBACH, WILLIAM416.42 07/11/08RYDEL, HARRIET1,854.00 07/11/08CHRISTENSON, SCOTT1,738.95 07/11/08FARR, LARRY2,350.87 07/11/08JAHN, DAVID1,737.97 07/11/08MORIN, TROY123.25 07/11/08RAMEAUX, THERESE2,597.25 07/11/08FORMANEK, KAREN1,595.89 07/11/08MITTET, ROBERT3,366.86 07/11/08AFFOLTER, PENNY2,002.22 07/11/08AFFOLTER, PENNY2,663.17 07/11/08ANDERSON, CAROLE1,256.13 07/11/08DEBILZAN, JUDY1,098.22 07/11/08JACKSON, MARY2,084.54 07/11/08KELSEY, CONNIE2,281.89 07/11/08CAREY, HEIDI2,309.35 07/11/08GUILFOILE, KAREN3,641.86 07/11/08KROLL, LISA1,812.14 07/11/08SCHMIDT, DEBORAH2,214.91 07/11/08SPANGLER, EDNA1,221.93 07/11/08CORTESI, LUANNE989.51 07/11/08JAGOE, CAROL1,778.87 07/11/08KELLY, LISA1,359.11 07/11/08LARSON, MICHELLE1,062.81 07/11/08MECHELKE, SHERRIE1,310.85 07/11/08MOY, PAMELA1,046.38 07/11/08OSTER, ANDREA1,781.18 07/11/08WEAVER, KRISTINE1,949.35 07/11/08CORCORAN, THERESA1,792.55 07/11/08PALANK, MARY1,794.86 07/11/08POWELL, PHILIP2,800.78 07/11/08SVENDSEN, JOANNE1,964.99 07/11/08THOMALLA, DAVID4,699.27 07/11/08YOUNG, TAMELA1,742.95 07/11/08ABEL, CLINT3,724.02 07/11/08ALDRIDGE, MARK3,735.22 07/11/08BAKKE, LONN3,872.23 07/11/08BARTZ, PAUL4,132.29 07/11/08BELDE, STANLEY3,689.11 07/11/08BENJAMIN, MARKESE2,493.77 07/11/08BIERDEMAN, BRIAN3,837.83 07/11/08BOHL, JOHN4,116.36 07/11/08BUSACK, DANIEL2,850.49 07/11/08COFFEY, KEVIN3,571.03 07/11/08CROTTY, KERRY3,001.20 07/11/08DEMULLING, JOSEPH2,449.89 07/11/08DOBLAR, RICHARD3,492.03 07/11/08FLOR, TIMOTHY3,849.86 07/11/08FRITZE, DEREK3,008.35 07/11/08GABRIEL, ANTHONY3,962.90 07/11/08HAWKINSON JR, TIMOTHY2,996.86 07/11/08HEINZ, STEPHEN4,209.77 07/11/08HER, PHENG1,806.22 07/11/08HIEBERT, STEVEN4,095.89 07/11/08JOHNSON, KEVIN3,760.46 07/11/08KALKA, THOMAS798.28 07/11/08KARIS, FLINT3,608.37 07/11/08KONG, TOMMY4,387.49 07/11/08KREKELER, NICHOLAS693.08 07/11/08KROLL, BRETT3,924.68 07/11/08KVAM, DAVID3,864.56 07/11/08LANGNER, TODD3,392.47 07/11/08LARSON, DANIEL3,596.74 07/11/08LU, JOHNNIE4,925.50 07/11/08MARINO, JASON3,525.79 07/11/08MARTIN, JERROLD3,750.97 07/11/08MCCARTY, GLEN3,823.29 07/11/08METRY, ALESIA4,354.55 07/11/08NYE, MICHAEL3,599.74 07/11/08OLSON, JULIE3,829.20 07/11/08PALMA, STEVEN4,025.43 07/11/08RABBETT, KEVIN3,864.56 07/11/08RHUDE, MATTHEW3,654.00 07/11/08SHORTREED, MICHAEL3,768.98 07/11/08STEFFEN, SCOTT3,351.49 07/11/08STEINER, JOSEPH3,809.52 07/11/08SYPNIEWSKI, WILLIAM3,507.45 07/11/08SZCZEPANSKI, THOMAS4,038.50 07/11/08TRAN, JOSEPH3,706.59 07/11/08WENZEL, JAY4,524.06 07/11/08XIONG, KAO3,709.96 07/11/08BERGERON, JOSEPH4,679.37 07/11/08DUGAS, MICHAEL4,731.43 07/11/08ERICKSON, VIRGINIA3,915.63 07/11/08FRASER, JOHN4,016.75 07/11/08LANGNER, SCOTT3,664.02 07/11/08THEISEN, PAUL4,100.84 07/11/08THIENES, PAUL4,991.65 07/11/08BAUMAN, ANDREW2,264.28 07/11/08DAWSON, RICHARD2,907.41 07/11/08DOLLERSCHELL, ROBERT3,268.80 07/11/08EVERSON, PAUL3,435.67 07/11/08HALWEG, JODI2,852.26 07/11/08JUNGMANN, BERNARD3,037.77 07/11/08NOVAK, JEROME2,850.42 07/11/08OLSON, JAMES2,467.45 07/11/08PERBIX, CHARLES2,476.21 07/11/08PETERSON, ROBERT3,082.18 07/11/08RICHARDSON, ANDREA2,476.21 07/11/08SEDLACEK, JEFFREY2,611.92 07/11/08STREFF, MICHAEL2,476.21 07/11/08SVENDSEN, RONALD3,070.43 07/11/08GERVAIS-JR, CLARENCE3,342.04 07/11/08LUKIN, STEVEN4,260.90 07/11/08ZWIEG, SUSAN2,108.55 07/11/08AHL, R. CHARLES5,478.03 07/11/08ENGSTROM, SHURENE468.00 07/11/08FINWALL, SHANN2,820.55 07/11/08KNUTSON, LOIS1,745.35 07/11/08KONEWKO, DUWAYNE3,246.56 07/11/08NIVEN, AMY1,332.42 07/11/08PASSI, CRYSTAL960.00 07/11/08PRIEFER, WILLIAM2,601.29 07/11/08AHL, GREGORY960.00 07/11/08BRINK, TROY2,418.83 07/11/08BUCKLEY, BRENT2,134.55 07/11/08DEBILZAN, THOMAS2,012.15 07/11/08EDGE, DOUGLAS2,026.15 07/11/08HAMRE, MILES1,188.00 07/11/08JONES, DONALD2,006.15 07/11/08MEISSNER, BRENT1,579.75 07/11/08MEYER, GERALD2,086.59 07/11/08NAGEL, BRYAN3,015.02 07/11/08OSWALD, ERICK2,206.77 07/11/08RUNNING, ROBERT2,154.46 07/11/08SETNES, SAMUEL960.00 07/11/08TEVLIN, TODD2,006.15 07/11/08BURLINGAME, NATHAN1,710.95 07/11/08DUCHARME, JOHN2,558.86 07/11/08ENGSTROM, ANDREW2,108.55 07/11/08GAYNOR, VIRGINIA2,423.38 07/11/08JACOBSON, SCOTT2,108.55 07/11/08JAROSCH, JONATHAN2,367.75 07/11/08JOHNSON, TRENT880.00 07/11/08KREGER, JASON2,113.77 07/11/08KUMMER, STEVEN2,726.95 07/11/08LINDBLOM, RANDAL2,772.99 07/11/08LOVE, STEVEN2,726.65 07/11/08O'CONNOR, DONOVAN878.40 07/11/08THOMPSON, MICHAEL3,094.19 07/11/08WACHAL, KAREN704.89 07/11/08ZIEMAN, SCOTT844.80 07/11/08EDSON, DAVID2,048.84 07/11/08HINNENKAMP, GARY2,021.27 07/11/08MARUSKA, MARK3,000.18 07/11/08NAUGHTON, JOHN2,006.15 07/11/08NORDQUIST, RICHARD2,006.15 07/11/08NOVAK, MICHAEL2,006.15 07/11/08SCHINDELDECKER, JAMES2,008.46 07/11/08BIESANZ, OAKLEY1,346.19 07/11/08DEAVER, CHARLES751.29 07/11/08GERNES, CAROLE457.51 07/11/08HAYMAN, JANET1,354.85 07/11/08HUTCHINSON, ANN2,472.00 07/11/08SOUTTER, CHRISTINE595.00 07/11/08FRY, PATRICIA1,844.46 07/11/08HALL, KATHLEEN120.00 07/11/08SINDT, ANDREA2,160.32 07/11/08THOMPSON, DEBRA602.47 07/11/08EKSTRAND, THOMAS3,600.06 07/11/08ROBERTS, KENNETH2,376.22 07/11/08BRASH, JASON1,715.75 07/11/08CARVER, NICHOLAS3,027.38 07/11/08FISHER, DAVID3,938.72 07/11/08RICE, MICHAEL2,380.56 07/11/08SWAN, DAVID2,450.55 07/11/08WELLENS, MOLLY1,561.71 07/11/08JOHNSON, GENE1,152.00 07/11/08BJORK, ALICIA718.56 07/11/08BJORK, BRANDON857.00 07/11/08COLEMAN, JOHN647.50 07/11/08KOHLMAN, JENNIFER75.00 07/11/08OHLHAUSER, MEGHAN1,140.00 07/11/08ROBBINS, AUDRA2,439.86 07/11/08ROBBINS, EMERALD102.50 07/11/08RYCHLICKI, NICHOLE310.00 07/11/08SHERRILL, CAITLIN228.00 07/11/08TAUBMAN, DOUGLAS3,115.55 07/11/08TAYLOR, JAMES2,007.26 07/11/08GERMAIN, DAVID2,015.39 07/11/08HAAG, MARK2,006.16 07/11/08NADEAU, EDWARD3,384.17 07/11/08SCHULTZ, SCOTT2,202.15 07/11/08ANZALDI, MANDY1,827.43 07/11/08BERGLUND, DANIEL166.75 07/11/08BRENEMAN, NEIL1,657.89 07/11/08CRAWFORD - JR, RAYMOND679.50 07/11/08EVANS, CHRISTINE1,041.96 07/11/08FABIO-SHANLEY, MICHAEL280.50 07/11/08GADOW, ANNA411.21 07/11/08GLASS, JEAN1,982.54 07/11/08GROPPOLI, LINDA454.13 07/11/08HANSEN, LORI2,490.13 07/11/08HER, CHONG342.00 07/11/08HOFMEISTER, MARY840.91 07/11/08NAGEL, BROOKE404.00 07/11/08PELOQUIN, PENNYE510.59 07/11/08SCHOENECKER, LEIGH282.50 07/11/08STAPLES, PAULINE3,212.78 07/11/08VANG, KAY183.60 07/11/08VANG, TIM342.00 07/11/08ZIELINSKI, JUDY115.50 07/11/08AICHELE, MEGAN151.88 07/11/08ANDERSON, JUSTIN361.85 07/11/08ANDREA, JENESSA28.00 07/11/08BAUDE, SARAH34.00 07/11/08BEAVER, MARK50.00 07/11/08BEITLER, JULIE68.00 07/11/08BENJAMIN, AYLA104.50 07/11/08BIGGS, ANNETTE53.13 07/11/08BRUSOE, AMY283.48 07/11/08BRUSOE, CRISTINA449.80 07/11/08BUCHMAYER, NICOLLET389.13 07/11/08BUCKLEY, BRITTANY323.48 07/11/08CZECK, KELSEY63.45 07/11/08DEL ROSARIO, THERESA19.50 07/11/08DEVRIENDT, KARA75.00 07/11/08DUNN, RYAN736.45 07/11/08ERICKSON-CLARK, CAROL47.50 07/11/08FLACKEY, MAUREEN129.50 07/11/08FONTAINE, KIM775.20 07/11/08GIEL, NICOLE282.00 07/11/08GREDVIG, ANDERS329.25 07/11/08HAGSTROM, EMILY195.00 07/11/08HORWATH, RONALD2,439.86 07/11/08IRISH, PETER251.85 07/11/08JASKEN, NICHOLAS343.00 07/11/08JOSSART, ANGELA34.00 07/11/08JOYER, JENNA107.25 07/11/08KOEHNEN, AMY52.10 07/11/08KOGLER, RYAN56.00 07/11/08KOLLER, NINA463.95 07/11/08KRONHOLM, KATHRYN551.70 07/11/08KURZHAL, ALISON85.00 07/11/08LAMEYER, ZACHARY177.08 07/11/08NADEAU, KELLY86.06 07/11/08OBRIEN, JULIE60.00 07/11/08PEHOSKI, JOEL96.00 07/11/08PROESCH, ANDY448.77 07/11/08RICHTER, DANIEL35.50 07/11/08RICHTER, NANCY1,190.23 07/11/08ROLLOFF-FELLNER, TAYLOR67.50 07/11/08RONNING, ISAIAH133.00 07/11/08SCHAEFER, NATALIE24.50 07/11/08SCHREIER, ROSEMARIE170.00 07/11/08SCHREINER, MICHELLE395.91 07/11/08SCHUNEMAN, GREGORY256.88 07/11/08SKUNES, KELLY43.88 07/11/08SMITH, ANN315.80 07/11/08SMITLEY, SHARON377.25 07/11/08STAHNKE, AMY130.00 07/11/08TUPY, ELIANA34.00 07/11/08TUPY, HEIDE148.40 07/11/08TUPY, MARCUS220.50 07/11/08WARNER, CAROLYN352.10 07/11/08WERNER, REBECCA409.90 07/11/08WILLIAMS, KRISTINE134.40 07/11/08WINEGAR, JILL37.30 07/11/08WOLFGRAM, MARY513.19 07/11/08WOLFGRAM, TERESA128.25 07/11/08WOODMAN, ALICE138.00 07/11/08ZALK, IDA117.15 07/11/08BOSLEY, CAROL277.30 07/11/08FITZENBERGER, VALERIE244.00 07/11/08GIERNET, ASHLEY168.00 07/11/08HER, SHILLAME159.50 07/11/08HOLMGREN, STEPHANIE112.00 07/11/08LEWIS, AMY231.63 07/11/08SATTLER, MELINDA182.00 07/11/08BEHAN, JAMES1,906.84 07/11/08DOUGLASS, TOM1,352.92 07/11/08GONZALES, VICTOR126.00 07/11/08GROPPOLI, JOE355.00 07/11/08PATTERSON, ALBERT1,226.08 07/11/08PRINS, KELLY1,162.62 07/11/08REILLY, MICHAEL1,807.75 07/11/08VANG, HUE141.55 07/11/08AICHELE, CRAIG2,081.67 07/11/08PRIEM, STEVEN2,256.55 07/11/08WOEHRLE, MATTHEW1,922.15 07/11/08BERGO, CHAD2,499.19 07/11/08FOWLDS, MYCHAL3,196.06 07/11/08FRANZEN, NICHOLAS2,083.07 07/11/08LONGRIE, DIANA473.15 1005458 07/11/08CARLE, JEANETTE360.00 1005459 07/11/08WELCHLIN, CABOT4,771.99 1005460 07/11/08FOSSUM, ANDREW1,727.90 1005461 07/11/08ANDERSON, MICHAEL976.00 1005462 07/11/08GORE, MICHAEL976.00 1005463 07/11/08OLSON, SCOTT976.00 1005464 07/11/08PUHL, MATTHEW856.00 1005465 07/11/08DAMIANI, ROBERT40.00 1005466 07/11/08FARLEY, JAMIE258.00 1005467 07/11/08GEBHARD, MADELINE863.50 1005468 07/11/08GOODRICH, CHAD483.00 1005469 07/11/08GOODRICH, CHAD530.25 1005469 07/11/08LINDA, KELLIE111.50 1005470 07/11/08MALLET, AMANDA419.50 1005471 07/11/08MARTIN, ARIELLE306.00 1005472 07/11/08NG, VANICK346.25 1005473 07/11/08UNGAR, KRISTOPHER100.00 1005474 07/11/08HER, PETER118.40 1005475 07/11/08HIX, MELINDA33.00 1005476 07/11/08O'GRADY, VICTORIA59.60 1005477 07/11/08VUE, LOR PAO166.39 1005478 07/11/08ANDERSON, JOSHUA418.60 1005479 07/11/08BRENEMAN, SEAN312.38 1005480 07/11/08BUESING, DYLAN63.00 1005481 07/11/08CHASTAN, ADAM120.25 1005482 100548307/11/08DEMPSEY, BETH73.50 100548407/11/08FENGER, JUSTIN98.18 100548507/11/08GRANT, MELISSA298.55 100548607/11/08GRUENHAGEN, LINDA252.00 100548707/11/08HANSON, MATTHEW60.00 100548807/11/08HOLMBERG, LADONNA262.00 100548907/11/08MCCANN, NATALIE54.00 100549007/11/08MORIS, RACHEL78.00 100549107/11/08NWANOKWALE, MORDY314.41 100549207/11/08PIEPER, THEODORE31.25 100549307/11/08RHODY, DIANE266.00 100549407/11/08ROSTRON, ROBERT177.63 100549507/11/08RYDEEN, ARIEL101.51 100549607/11/08SAUCERMAN, MICHAEL179.45 100549707/11/08SCHAEFER, JAMES124.51 100549807/11/08SCHMIDT, EMILY379.10 100549907/11/08SCHMIDT, JOHN119.85 100550007/11/08YOUNCE, BLAISE24.50 100550107/11/08DANIEL, BREANNA137.75 100550207/11/08GLASS, JENNA123.25 100550307/11/08SATTLER, CASSANDRA209.25 100550407/11/08ZAGER, LINNEA190.00 100550507/11/08BOWMAN, MATTHEW270.75 100550607/11/08BURKS, TA'SHAWN50.75 100550707/11/08SCHULZE, KEVIN205.50 100550807/11/08VALERIO, TARA72.50 TOTAL 533,465.77 Check Register City of Maplewood 07/17/2008 CheckDateVendorDescriptionAmount 7600107/15/200804097CINDY ARMOURADD'L HOUR FACE PAINTER AT TASTE100.00 7600207/16/200800001ONE TIME VENDOREMPLOYEE C PASSI 32 HRS404.46 7600307/22/200801973ERICKSON OIL PRODUCTS INCCAR WASHES - JUNE85.20 7600407/22/200803576EUREKA RECYCLINGRECYCLING - JULY14,614.12 7600507/22/200800585GOPHER STATE ONE-CALLNET BILLABLE TICKETS - JUNE1,026.75 7600607/22/200800687HUGO'S TREE CARE INCTREE REMOVAL798.75 07/22/200800687HUGO'S TREE CARE INCREMOVE 2 BLVD TREES 751 BARTELMY679.47 07/22/200800687HUGO'S TREE CARE INCREMOVE TREE/BRUSH PILES585.75 07/22/200800687HUGO'S TREE CARE INCTREE TRIMMING279.56 07/22/200800687HUGO'S TREE CARE INCPROJ 07-15 TREE REMOVAL213.00 07/22/200800687HUGO'S TREE CARE INCREMOVE DISEASED TREE166.14 07/22/200800687HUGO'S TREE CARE INCREMOVE DEAD TREE166.14 07/22/200800687HUGO'S TREE CARE INCREMOVE DISEASED TREE166.14 07/22/200800687HUGO'S TREE CARE INCBLVD TREE TRIMMING159.75 07/22/200800687HUGO'S TREE CARE INCTREE TRIMMING 2182 RADDATZ106.50 7600707/22/200801018MINNEAPOLIS FINANCE DEPTAUTO PAWN SYSTEM FEE - MAY444.00 7600807/22/200801546SUBURBAN SPORTSWEARMARKETING & ADVERTISING MCC873.80 7600907/22/200801190XCEL ENERGYELECTRIC UTILITY12,745.51 07/22/200801190XCEL ENERGYELECTRIC & GAS UTILITY2,388.28 07/22/200801190XCEL ENERGYELECTRIC & GAS UTILITY2,385.41 07/22/200801190XCEL ENERGYELECTRIC & GAS UTILITY521.77 7601007/22/200802411ALEX AIR APPARATUS INCSCBA COMPRESSOR SRVS/AIR TEST681.88 07/22/200802411ALEX AIR APPARATUS INCSCBA COMPRESSOR SRVS/AIR TEST649.27 07/22/200802411ALEX AIR APPARATUS INCSCBA COMPRESSOR SRVS/AIR TEST580.00 07/22/200802411ALEX AIR APPARATUS INCSCBA COMPRESSOR SRVS/AIR TEST480.00 07/22/200802411ALEX AIR APPARATUS INCSCBA COMPRESSION PART170.40 7601107/22/200803870BASIAGO LAW OFFICEPROJ 06-17 ABSTRACTING AND O&E250.00 7601207/22/200803870BASIAGO LAW OFFICEPROJ 06-16 O&E FOR 1721 DESOTO250.00 7601307/22/200804116STACY BORMETTESCROW REL 2311 ARLINGTON3,121.59 7601407/22/200800240C.S.C. CREDIT SERVICESAPPLICANT BACKGROUND CHECKS50.00 7601507/22/200804085C.W. HOULE, INC.PROJ 07-21 KOHLMAN LANE PARTPMT#3410,694.26 7601607/22/200802149HEIDI CAREYREIMB FOR MEALS & MILEAGE 5/13-6/25120.36 7601707/22/200800494CHILDREN HOME & FAMILY SERVICEYOUTH DIVERSION PROG - JUNE3,526.08 7601807/22/200800309COMMISSIONER OF TRANSPORTATIONPROJ 07-14 ENGINEERING TESTING842.21 200.00 7601907/22/200804117KYLEY CROTTYFACE PAINTER AT TASTE OF 7602000382CHANGE LOCKS & KEYS168.52 07/22/2008DAVIS LOCK & SAFE 7602100399PAINT FOR MESSAGE PAINTING881.55 07/22/2008DIAMOND VOGEL PAINTS 00399PAINT FOR MESSAGE PAINTING881.55 07/22/2008DIAMOND VOGEL PAINTS 00399PAINT FOR MESSAGE PAINTING242.82 07/22/2008DIAMOND VOGEL PAINTS 7602202921REIMB TUITION & BOOKS APRIL-JUNE878.21 07/22/2008MICHAEL J DUGAS 7602307/22/200800451EGAN COMPANIES INCREPAIR A/C STATION 1312.97 7602407/22/200801401FIRST STUDENT INCBUS FEES - WILD MOUNTAIN347.75 07/22/200801401FIRST STUDENT INCBUS FEES - CRYSTAL CAVE297.75 07/22/200801401FIRST STUDENT INCBUS FEES - COMO ZOO247.75 07/22/200801401FIRST STUDENT INCBUS FEES - FLAHERTY'S BOWL197.75 7602507/22/200800531FRA-DOR INC.BLACK DIRT FOR STORM SEWER PROJ167.73 7602607/22/200800672ERIK HJELLEREIMB PARADE CANDY/DRILL@ALDRICH68.08 395.00 7602707/22/200801605IFP TEST SERVICES INCPSYCHOLOGICAL EXAM FOR FF 7602804115ESCROW RELEASE 1550 CO RD D33,227.92 07/22/2008K HOVNANIAN T&C HOMES @ MN LLC 04115ESCROW RELEASE 3062 HAZELWOOD22,941.73 07/22/2008K HOVNANIAN T&C HOMES @ MN LLC 7602900789ULTRA LOW SULPHUR RED DYED DIESEL27,677.88 07/22/2008KATH FUEL OIL SERVICE CO 7603000809REIMB FOR BIKE UNIFORM 6/18 - 7/11325.36 07/22/2008TOMMY KONG 7603100827CLAIM DEDUCTIBLE #1105775350,000.00 07/22/2008L M C I T 7603202047REIMB FOR UNIFORM 7/1064.99 07/22/2008DAN LARSON 7603300895MEMBERSHIP DUES35.00 07/22/2008M C F O A 7603404114REFUND MEDICARE PMT AMB 081357320.20 07/22/2008MEDICARE PART B 7603500986MONTHLY SAC - JUNE21,681.00 07/22/2008METROPOLITAN COUNCIL 7603603997COMP PLAN LAND USE14,557.14 07/22/2008MFRA 03997PARKS, TRAILS & OPEN SPACE6,892.00 07/22/2008MFRA 7603701088PROJ 07-25 STORM WATER PERMIT400.00 07/22/2008MN POLLUTION CONTROL AGENCY 7603807/22/200803961NORTH METRO ELECTRICELECTRIC WORK604.00 07/22/200803961NORTH METRO ELECTRICELECTRIC WORK240.25 07/22/200803961NORTH METRO ELECTRICELECTRIC WORK227.60 7603907/22/200801175CITY OF NORTH ST PAULMONTHLY UTILITIES3,718.61 7604007/22/200801202NYSTROM PUBLISHING CO INCCITY NEWS/TASTE OF MW/MW SEASONS6,905.38 12,600.00 7604107/22/200800001ONE TIME VENDORREIMB M & J HAAG EASEMENT PROJ 07- 7604200001REIMB R RELLER DRIVEWAY PROJ 07-15735.11 07/22/2008ONE TIME VENDOR 7604300001REFUND C & F CORCORAN UCARE270.00 07/22/2008ONE TIME VENDOR 7604400001REFUND H DICKSON HP BENEFIT60.00 07/22/2008ONE TIME VENDOR 7604507/22/200800001ONE TIME VENDORREFUND V FERCELLO HP BENEFIT40.00 7604607/22/200801225OSWALD HOSE & ADAPTERSFIRE HOSE170.20 7604707/22/200801267PIONEER PRESSTASTE OF MW AD SPECIAL SECTION2,794.25 7604807/22/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-21 TELEVISING1,237.50 07/22/200804053PROFESSIONAL DRAIN SRVS, INC.PROJ 07-21 TELEVISING125.00 7604907/22/200800396DEPT OF PUBLIC SAFETY2ND QTR PMT1,920.00 7605007/22/200801345RAMSEY COUNTYRECORDING FEES138.00 07/22/200801345RAMSEY COUNTYRECORDING FEES46.00 07/22/200801345RAMSEY COUNTYRECORDING FEES46.00 7605107/22/200801931RAMSEY COUNTY FAIRCHARITABLE GAMBLING AWARD1,450.00 7605207/22/200801836CITY OF ST PAULPROJ 07-15 REPLACE FIRE HYDRANTS7,801.00 07/22/200801836CITY OF ST PAULMEDICAL SUPPLIES132.68 07/22/2008TOM SZCZEPANSKI 7605301573REIMB FOR RUNNING SHOES 7/1169.99 07/22/2008THE WATSON CO INC 7605401750MDSE FOR RESALE366.60 685,435.37 54Checks in this report. CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount 07/11/080711/08FriMN Dept of Natural ResourcesDNR electronic licenses1,473.50 07/11/0807/11/08MN Dept of Natural ResourcesDNR electronic licenses67.00 07/11/0807/14/08MonPERAPERA83,573.19 07/11/0807/14/08 MN State TreasurerDrivers License/Deputy Registrar(city clrk)21,953.28 07/11/0807/14/08 Orchard Trust/ Great WestDeferred Compensation24,378.00 07/11/0807/14/08ICMA (Vantagepointe)Deferred Compensation3,673.23 07/12/0807/15/08TuesUS TreasurerFederal Payroll Tax (FICA)99,648.31 07/11/0807/15/08 ARC AdministrationDCRP & Flex plan payments1,521.20 07/11/0807/15/08Labor UnionsUnion Dues2,014.00 07/14/0807/15/08 MN State TreasurerDrivers License/Deputy Registrar(city clrk)16,057.00 07/11/0807/15/08MN State TreasurerState Payroll Tax19,373.68 07/11/0807/15/08WI Dept of RevenueState Payroll Tax1,190.32 07/15/0807/16/08WedMN State TreasurerDrivers License/Deputy Registrar(city clrk)4,344.00 07/15/0807/16/08MN State TreasurerDrivers License/Deputy Registrar(city clrk)21,632.26 07/15/0807/17/08ThursMN Dept of RevenueFuel Tax257.62 07/16/0807/17/08 MN State TreasurerDrivers License/Deputy Registrar(city clrk)11,305.15 07/16/0807/17/08ARC AdministrationDCRP & Flex plan payments5,072.37 07/17/0807/18/08FriMN State TreasurerDrivers License/Deputy Registrar(city clrk)9,535.85 07/17/0807/18/08 MN Dept of RevenueMN Care Tax8,744.00 TOTAL335,813.96 *Detailed listing of VISA purchases is attached. Agenda Item M1 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Century Avenue Improvements, Project 03-15, Approve Resolution for Awarding Construction Contract DATE: July 18, 2008 INTRODUCTION Final plans and specifications for the Century Avenue improvements were approved by the city council on th May 12, 2008, and council authorization was given to Ramsey County for advertising and bidding the th , 2008 project. Those bids were received and subsequently opened and read aloud on Thursday July 10 at 2:00 p.m. In order for Ramsey County to award the project, concurrence is needed from the City of Maplewood, the City of Woodbury, and Washington County. Background Contractor bids were as follows: Contractor Base Bid 1) Danner, Inc. $12,647,701.32 2) Carl Bolander & Sons Co. $12,965,000.00 3) Palda and Sons, Inc. $13,159,834.16 4) Eureka Construction Inc. $13,280,400.58 5) Frattalone Companies, Inc. $13,435,367.02 6) Forest Lake Contracting, Inc. $13,762,301.15 All bids have been checked and tabulated by Ramsey County. The engineer?s estimate for the project was $14,610,507.89. The low bid from Danner, Inc. of $12,647,701.32 is roughly 13% less than the engineer?s construction cost estimate. Budget Impact There would be no impact to the approved budget of $370,000 for Maplewood?s total project costs, based on the recommendation. RECOMMENDATION It is recommended that the city council approve the attached Resolution for the Award of Bid for Century Avenue Improvements (Brookview Drive to Lake Road), City Project 03-15. Attachments: 1. Resolution: Award of Bids 2. Location Map Agenda Item M1 Attachment 1 RESOLUTION AWARD OF BID BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Danner, Inc. in the amount of $12,647,701.32 is the lowest responsible bid for the construction of the Century Avenue Improvements (Brookview Drive to Lake Road) ? City Project 03-15, and per the cooperative agreement between Ramsey County and the City of Maplewood (Agreement PW2008-04), the City of Maplewood, through this resolution, is signifying concurrence in order for Ramsey County to enter into a construction contract with Danner, Inc. for said improvements. th Adopted by the council on this 28 day of July 2008. EXHIBIT 1 LOCATION MAP Agenda Item M1 Attachment 2 BROOKVIEW DRIVE UPPER AFTON RD PROPOSED IMPROVEMENTS LOWER AFTON RD WOODBURY LINWOOD AVENUE LAKE ROAD DISCLAIMER: This map is neither a legally recorded map nor a survey and is not intended to be used as one. This map is a compilation of records, information and data located in various city, county, state and federal offices and other sources regarding the area shown, and is to be used for reference purposes only. SOURCES: Ramsey County (April 30, 2007), The Lawrence Group;April 30, 2007 for County parcel and property records data; April 2007 for commercial and Agenda Item M2 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: TH 61/Frost Avenue Improvements, Project 07-30, Resolution Approving Plans and Specifications and Advertising for Bids DATE: July 18, 2008 INTRODUCTION Final plans and specifications for the above referenced project have been completed and are ready to be advertised for bids. The proposed bid opening for this project is scheduled for 10:00 a.m., Friday, August thth 29, 2008. Awarding of the bid would be considered by the council at the September 8, 2008 meeting. Background th The city council authorized preparation of plans and specifications at the June 11, 2007 regular meeting. On January 28, 2008 the city council accepted the feasibility report and ordered the public hearing. The council established financing and resolved to accept an estimated $245,000 Mn/DOT contribution at the thrd March 24, 2008 meeting. And on June 23, 2008 the council approved a cooperative agreement with Ramsey County in order to received County contributions. Budget Impact The following is the financing previously approved by the council: MSA - Bonds $ 406,120 Ramsey County $ 58,875 Mn/DOT $ 245,000 Total $ 709,995 There are no adjustments needed at this time, and a revised project cost estimate will be made after bids are received and tabulated. RECOMMENDATION It is recommended that the city council approve the attached resolutions for the TH 61/Frost Avenue Improvements, City Project 07-30: Approving Plans and Specs and Advertisement for Bids. Attachments: 1. Resolution Approving Plans and Advertising for Bids 2. Location Map Agenda Item M2 Attachment 1 RESOLUTION APPROVING PLANS ADVERTISING FOR BIDS th WHEREAS, pursuant to resolution passed by the city council on June 11, 2007, plans and specifications for TH 61/Frost Avenue Improvements, City Project 07-30, have been prepared by (or under the direction of) the city engineer, who has presented such plans and specifications to the council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the city clerk. 2. The city clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-one days before the date set for bid opening, shall specify the work to be done, shall state that bids will be publicly opened and considered by the council at 10:00 a.m. on the 29th day of August, 2008, at the city hall and that no bids shall be considered unless sealed and filed with the clerk and accompanied by a certified check or bid bond, payable to the City of Maplewood, Minnesota for five percent of the amount of such bid. 3. The city clerk and city engineer are hereby authorized and instructed to receive, open, and read aloud bids received at the time and place herein noted, and to tabulate the bids received. The council th will consider the bids, and the award of a contract, at the regular city council meeting of September 8, 2008. Agenda Item M3 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Stop Sign Requests DATE: July 18, 2008 INTRODUCTION/SUMMARY The City Council has a policy to consider neighborhood stop sign requests once per year. A stop sign article was published in the June 2008 city newsletter which discussed the council policy and also th explained how to make requests by gathering neighborhood support. A date of June 20 was listed in the article as the deadline to provide petition requests to the engineering department for consideration. To date staff has not received a single request; therefore no public hearing is needed. Staff will still consider warranted stop signs on an as needed basis; and neighborhood stop sign requests will be considered again next year. RECOMMENDATION It is recommended that the city council take no action at this time. Agenda Item M4 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Kohlman Lane Area Street Improvements, City Project 07-21, Resolution for Modification of the Existing Construction Contract, Change Order No. 1 DATE: July 21, 2008 INTRODUCTION The city council will consider approving the attached resolution directing the modification of the existing construction contract for additional improvements requested by the City of Little Canada for the Kohlman Lane Area Street Improvement Project. All associated costs would be funded by the City of Little Canada. Project Background On April 28th, 2008, the council awarded C.W. Houle, Inc. a construction contract for utility and roadway th improvements in the amount of $1,875,809.00. Construction began on May 5 of this year and the project is currently in progress and on schedule. Keller Parkway has its first lifts of paving complete and residents are beginning to connect to the new sanitary sewer main line. The item for Change Order No. 1 is briefly explained below while theattached documentation provides a more extensive background and documentation. The City of Little Canada has requested that the water main stub to be installed near the intersection of Beam Avenue and Kohlman Lane be extended 270 feet to the north with the newly installed sanitary sewer. On Wednesday, July 9, 2008, the Little Canada city council approved the water main extension at a cost of $10,500. The estimated cost of the additional work will be $10,499. Change Order No.1 will increase the contract amount by $10,499.00 to $1,886,308.00. Budget The additional water main extension work will be funded by the City of Little Canada. The City of Little Canada obligation for this project is currently estimated at $230,700. As a result of this contract change, the City of Little Canada estimated obligation will increase $10,500 to a total of $241,200. No adjustments are needed to the current budget at this time. Maplewood city staff will invoice the City of Little Canada for the additional water main work along with the rest of their obligation to the Kohlman Lane Area Street Improvements project when the work has been completed and accepted. RECOMMENDATION It is recommended that the city council approve the attached resolution for the Modification of Existing Construction Contract, Change Order No.1, for City Project 07-21. Attachments: 1. Resolution 2. Change Order No.1 3. Email Correspondence with City of Little Canada Staff Agenda Item M4 Attachment 1 RESOLUTION DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-21, CHANGE ORDER NO.1 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-21, Kohlman Lane Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-21, Change Order No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: 1. The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No.1 in the amount of $10,499.00. The revised contract amount is $1,886,308.00. Agenda Item M4 Attachment 2 Agenda Item M4 Steven Kummer Attachment 3 From:Joel Hanson [joel.hanson@ci.little-canada.mn.us] Sent:Thursday, July 10, 2008 1:32 PM Steven Kummer; Lee Elfering To: Cc:Michael Thompson; Randy Lindblom Subject:RE: 07-21 Kohlman Lane Area Improvements: Water Main Extension N of Beam Ave The Council approved the extension of the water main to the north as described in your e- mail below at an estimate price of $10,500. Please proceed with the work. Thanks Joel -----Original Message----- From: Steven Kummer [mailto:steven.kummer@ci.maplewood.mn.us] Sent: Wednesday, July 09, 2008 8:34 AM To: Lee Elfering Cc: Joel Hanson; Michael Thompson; Randy Lindblom Subject: 07-21 Kohlman Lane Area Improvements: Water Main Extension N of Beam Ave Lee: Based on our discussion over the phone yesterday (7/8/08), it is my understanding that the City of Little Canada would like to move forward with extending the water main stub further to the north of the intersection of Beam Ave and Kohlman Lane. As discussed, the extended water line would be an 8-inch DIP installed parallel to and offset 10 feet from the proposed sanitary sewer that is proposed to be extended to the north of Beam Avenue. The estimated length of the extension, according to plan would be 270 feet. We would install a 2-inch blow-off at the end of the stub. I discussed the proposed extension with C.W. Houle and they seem to be fine with utilizing the current unit bid prices for the Kohlman Lane project. We have unit prices for the 8- inch watermain, 2-inch blow off, bedding and DIP fittings. I have estimated the total cost of this work to be $10,499.00. Enclosed with this email is a spreadsheet detailing the estimated breakdown of the costs. The way that Maplewood would like to handle this is that we would like some type of written correspondence from either you or Joel Hanson indicating that Little Canada would like to move forward with the water main extension and that the City of Little Canada would reimburse Maplewood for the additional cost. We would move forward with the work and present a change order to the Maplewood Council for the 7-28-08 meeting and make the necessary budget adjustments. C.W. Houle will be in the area with their utility crew the week of 7/21 to install water main in Kohlman Ct. We'd like a response no later than next Wednesday so we can get a change order prepped for signing and a report ready for our Council (due 7/21). Please contact me with any questions. 1 Agenda Item M4 Attachment 3 Thanks, Steve K Steven (Steve) L. Kummer, P.E. Staff Engineer City of Maplewood 1902 County Rd. B East Maplewood, MN 55109 Direct: (651) 249-2418 Fax: (651) 249-2409 2 Page 1of 2 Agenda Item M4 Attachment 3 Steven Kummer From: Lee Elfering [lelfering@elferingeng.com] Sent: Wednesday, July 09, 2008 8:51 AM Steven Kummer To: Cc: joel.hanson@ci.little-canada.mn.us; Michael Thompson; Randy Lindblom Subject: RE: 07-21 Kohlman Lane Area Improvements: Water Main Extension N of Beam Ave From: Steven Kummer [mailto:steven.kummer@ci.maplewood.mn.us] Sent: Wednesday, July 09, 2008 8:34 AM To: Lee Elfering Cc: joel.hanson@ci.little-canada.mn.us; Michael Thompson; Randy Lindblom Subject: 07-21 Kohlman Lane Area Improvements: Water Main Extension N of Beam Ave Lee: Based on our discussion over the phone yesterday (7/8/08), it is my understanding that the City of Little Canada would like to move forward with extending the water main stub further to the north of the intersection of Beam Ave and Kohlman Lane. As discussed, the extended water line would be an 8-inch DIP installed parallel to and offset 10 feet from the proposed sanitary sewer that is proposed to be extended to the north of Beam Avenue. The estimated length of the extension, according to plan would be 270 feet. We would install a 2-inch blow-off at the end of the stub. I discussed the proposed extension with C.W. Houle and they seem to be fine with utilizing the current unit bid prices for the Kohlman Lane project. We have unit prices for the 8-inch watermain, 2-inch blow off, bedding and DIP fittings. I have estimated the total cost of this work to be $10,499.00. Enclosed with this email is a spreadsheet detailing the estimated breakdown of the costs. The way that Maplewood would like to handle this is that we would like some type of written correspondence from either you or Joel Hanson indicating that Little Canada would like to move forward with the water main extension and that the City of Little Canada would reimburse Maplewood for the additional cost. We would move forward with the work and present a change order to the Maplewood Council for the 7-28-08 meeting and make the necessary budget adjustments. C.W. Houle will be in the area with their utility crew the week of 7/21 to install water main in Kohlman Ct. We?d like a response no later than next Wednesday so we can get a change order prepped for signing and a report ready for our Council (due 7/21). Please contact me with any questions. Thanks, Steve K 7/17/2008 Agenda Item M5 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT: Hazelwood Street Improvements, Project 07-25, Approval of Cooperative Agreement No. 93143 with Mn/DOT for Pedestrian/Bike Trail DATE: July 21, 2008 INTRODUCTION The council should consider approving an agreement with Mn/DOT in order to receive funding of $40,000 to make necessary improvements related to the Highway 36 pedestrian crossing. Background Improvements to Hazelwood Street between Highway 36 and Frost Avenue started this year as a city th improvement project after the council awarded a construction contract on May 12, 2008. The awarded contract included improvements for street reconstruction, utility improvements, and sidewalk construction on Hazelwood Street. th At the May 12, 2008 council meeting, staff referred to a possible contribution from Mn/DOT to make further improvements to allow for removal of the at-grade pedestrian crossing. The State of Minnesota Department of Transportation staff has worked with the City to remove the at-grade pedestrian crossing and a trail connection will be made from Hazelwood Street, south of Highway 36, to the Bruce Vento Trail. The trail alignment will allow users to connect to the overpass to cross over Highway 36. Mn/DOT will be working towards permanently closing the median to discourage pedestrians from crossing Highway 36 at- grade. Mn/DOT has temporary placed orange safety fence at this location, but this is only a temporary condition. Staff sent a meeting notice to 15 residents and 2 businesses near the proposed trail alignment for a th meeting on May 29, 2008. Only one resident attended the meeting at the public works building. Other residents have corresponded with city staff mostly by phone. Besides the one meeting attendee, 5 residents and 1 business owner talked with the City on separate occasions. In general, residents do not seem opposed to the trail construction. The trail would be 1,700 feet long, 10 feet wide, and located within the Mn/DOT right-of-way of Highway 36 connecting Hazelwood Street to the Bruce Vento Trail. A chain link fence would run along the south side of the trail. This proposed trail connection was presented to the Parks Commission by Mr. Konewko in June. Budget Impact th Staff will likely bring a Change Order to council at the August 11 meeting to approve construction of the trail by Tower Asphalt, for which Bid Alternate No.2 was not awarded at the time of Base Bid award. Bid Alternate No.2 was in the amount of $42,290. The current engineer?s estimate for the trail improvements now totals $73,075. The increase above the bid amount is due to several updates made to the plans while working through Mn/DOT on the cooperative agreement process. A large portion of the estimate increase th meeting staff will likely is due to the addition of chain link fence along the corridor. At the August 11 request a budget adjustment to reflect the Mn/DOT contribution of $40,000. No additional city funding is needed for the remaining $33,075. This amount is expected to fall within project contingency costs, as this trail has been an option since the planning stages of this project. Agenda Item M5 RECOMMENDATION It is recommended that the city council approve the attached resolution for the Hazelwood Street Improvements, City Project 07-25: Approval of Cooperative Agreement No. 93143 with Mn/DOT for Pedestrian/Bike Trail, and authorize the mayor and city manager to sign the agreement signifying council approval. Attachments: 1. Resolution Approving Cooperative Agreement 2. Cooperative Agreement 3. Location Map Agenda Item M5 Attachment 1 CITY OF MAPLEWOOD RESOLUTION IT IS RESOLVED that the City of Maplewood enter into Mn/DOT Agreement No. 93143 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the State to the City of the State?s share of the costs of the pedestrian/bike trail construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 36 from Bruce Vento Trail to Hazelwood Street within the corporate City limits under State Project No. 6211-87 (T.H. 36=118). IT IS FURTHER RESOLVED that the Mayor and the City Manager are hereby authorized to execute the Agreement and any amendments to the Agreement. th Adopted by council this 28 day of July 2008. Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 2 Agenda Item M5 Attachment 3 Agenda Item M6 AGENDA REPORT TO: Charles Ahl, Acting City Manager FROM: Michael Thompson, Assistant City Engineer SUBJECT:Approval of Joint-Powers Agreement with North Saint Paul, Water Service Boundary Adjustment DATE: July 21, 2008 INTRODUCTION The council should consider approving an amendment to the joint-powers agreement with North Saint Paul dealing with water service. The amendment to the joint-powers agreement reflects existing conditions and was requested by North Saint Paul in order to correctly reflect that they do not provide water service to some Maplewood residents and businesses currently within their service boundary limit. DISCUSSION A joint-powers agreement was entered into between the City of Maplewood and the City of North Saint Paul in 2000 for providing water service for a term of 20 years. The agreement set forth boundaries for North Saint Paul Water to provide service to Maplewood. The boundary limit to the west was listed as Ariel Street. But currently Saint Paul Regional Water Services provides water just east of Ariel and along a portion of County Road D; since the North Saint Paul water main was not extended as part of the County Road D, City Project 01-15 (White Bear to McKnight). Therefore staff from both Maplewood and North Saint Paul met and it was understood that the boundary limit needed to be adjusted through an amendment. The amendment provides verbiage and exhibits that clearly shows the revision to the boundary in the area of Ariel Street near County Road D and Woodlynn Avenue. The North Saint Paul city council will likely be considering this item in early August. Staff will route the document for signatures upon approval of both Maplewood and North Saint Paul. RECOMMENDATION It is recommended that the city council approve the attached joint-powers agreement with the City of North Saint Paul and authorize the mayor and city manager to sign the agreement signifying city council approval. Attachments 1. Amendment to the Joint Powers Agreement (Exhibits: 2000 JPA Agreement & Boundary Adjustment Map) Agenda Item M6 Attachment 1 ADDENDUM TO THE WATER SERVICE AGREEMENT DATED ND THE 2 DAY OF MAY, 2000 City of Maplewood /City of North Saint Paul Revision of Water Service Area Boundary (July 2008) THIS AMMENDMENT TO THE WATER SERVICE AGREEMENT made and entered in this ______day of ________ , 2008, by and between the City of Maplewood, Ramsey County, Minnesota, and the City of North Saint Paul, Ramsey County, Minnesota. WHEREAS, the City of Maplewood and the City of North Saint Paul, pursuant to the provision of Minnesota Statutes Chapter 471.59, are authorized to enter into agreements to exercise jointly the governmental powers and functions each has individually; and, WHEREAS, the original water service agreement boundary, for which North Saint Paul Water was provide water service to a portion of the City of Maplewood, was listed in a previous agreement between the City of Maplewood and the City of North Exhibit A Saint Paul as provided in ?? as the common City boundary on the south, Interstate Highway 694 on the north, Ariel Street projected on the west, T.H.120 on the east; in addition to Stanich Curve and Knoll Circle; and, WHEREAS, the water service boundary needs to be revised from the original agreement to reflect existing conditions with the understanding the Saint Paul Regional Water Service provides water service along Ariel Street, between Woodlynn Avenue and County Road D, and along a portion of County Road D extending approximately 650 feet east of Ariel Street; and, Page 1 of 5 Agenda Item M6 Attachment 1 WHEREAS, the City of Maplewood and the City of North Saint Paul understand that a change to the water service boundary is needed to reflect existing conditions as Exhibit B depicted in ?? attached; and, NOW, THEREFORE, it is hereby agreed by and between the parties hereto as follows, to wit: 1.The original water service agreement still governs and this agreement serves to amend the water service boundaries stated below; Ariel Street, between Woodlynn Avenue and County Road D, is currently served by Saint Paul Regional Water Services and is no longer is considered within the original water service boundary. Approximately 650 feet of County Road D, east of Ariel Street, is currently served by Saint Paul Regional Water Services and is no longer considered within the North Saint Paul water service boundary for service to Maplewood. 2.Said water service boundary adjustment shall be without compensation. 3.The City of Maplewood and the City of North Saint Paul agree to indemnify each other and hold each other harmless from any and all claims, causes of action, lawsuits, judgments, charges, demands, costs, and expenses, including, but not limited to, interest involved therein and attorneys? fees and costs and expenses connected therewith, arising out of or resulting from the failure of either party to satisfy the provisions of this agreement or for damages caused to other parties as a result of the manner in which the City of Maplewood or the City of North Saint Paul perform or fail to perform duties imposed on each party by the terms of this agreement. Page 2 of 5 Agenda Item M6 Attachment 1 4.This agreement shall remain in full force and effect until terminated by mutual agreement of the City of Maplewood and the City of North Saint Paul or by an independent arbitrator in the event that there is not a neutral agreement. 5.It is agreed that, except as specifically provided hereby the execution of this agreement, neither party relinquishes any rights or powers possessed by it, neither party is relieved of any responsibility, duty or obligation imposed on it by law or regulation. 6.Data Practices: a.The City of Maplewood and the City of North Saint Paul agree to comply with the Minnesota Data Practices Act and all other state and federal laws relating to data privacy or confidentiality; b.The City of Maplewood and the City of North Saint Paul will immediately report to each other any requests from third parties for information relating to this Agreement. c.The City of Maplewood and the City of North Saint Paul agree to promptly respond to each other?s inquiries concerning data requests. 7.Arbitration of Disputes:Any controversy claim arising out of or relating to this Agreement or breach thereof shall be settled by arbitration in accordance with the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Page 3 of 5 Agenda Item M6 Attachment 1 8.Notices: Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows: City Manager City Manager City of Maplewood City of North Saint Paul 1830 County Road B East 2400 Margaret Street Maplewood, MN 55109 North St. Paul, MN 55109 Page 4 of 5 Agenda Item M6 Attachment 1 IN WITNESS WHEREOF , the parties have executed this Agreement on this ___________day of _______________, 2008 CITY OF MAPLEWOODCITY OF NORTH SAINT PAUL ____________________________ _____________________________ Mayor ? Diana Longrie Mayor - Michael (Mike) Kuehn _______________________________ _____________________________ Acting City Manager ? R. Charles Ahl City Manager ? Walter T. Wysopal _______________________________ _____________________________ Approved as to form by Legal Counsel Approved to form by Legal Counsel Page 5 of 5 EXHIBIT A Page 1 of 7 Agenda Item M6 Attachment 1 EXHIBIT A Page 2 of 7 Agenda Item M6 Attachment 1 EXHIBIT A Page 3 of 7 Agenda Item M6 Attachment 1 EXHIBIT A Page 4 of 7 Agenda Item M6 Attachment 1 EXHIBIT A Page 5 of 7 Agenda Item M6 Attachment 1 EXHIBIT A Page 6 of 7 Agenda Item M6 Attachment 1 EXHIBIT A Page 7 of 7 Agenda Item M6 Attachment 1 Agenda Item M6 Attachment 1 Agenda Item M7 MEMORANDUM TO : Charles Ahl, Acting City Manager FROM : DuWayne Konewko, Deputy Director of Public Works Ginny Gaynor, Open Space Naturalist Janet Hayman, Naturalist RE: Council Consideration of Federal Recreational Trail Grant DATE : July 18, 2008 INTRODUCTION The Minnesota Department of Natural Resources (DNR) has recommended to the Federal Highway Administration (FHWA) that they grant the City of Maplewood a Federal Recreational Trail Grant in the amount of $12,245 to renovate hiking trails at the Maplewood Nature Center. The funds will be used to renovate, enhance and maintain a large portion of the 1½ miles of hiking trails located within the preserve. The funds would be matched with capital improvement funds and by in-kind volunteer labor. The grant request is being considered by the FHWA and they require a resolution from City Council as part of the application packet. BACKGROUND In February 2008, staff at the Maplewood Nature Center applied for a Federal Recreational Trail Grant through the Minnesota DNR. The request was for a $24,490 project to renovate, enhance and maintain a large portion of the 1½ miles of hiking trails at Maplewood Nature Center. The DNR has reviewed Maplewood?s grant and recommends that FHWA approves it. Existing trails at the Maplewood Nature Center include approximately 7/8 mile of limerock trail, which is accessible to strollers and wheelchairs. An additional 1/2 mile of trail has a surface of mineral soil. The trails are currently used by adults, families and various community groups for hiking and relaxation, snowshoeing, nature photography and wildlife watching. Project Goals 1. Increase the quality of the trail experience for all users. 2. Improve trail safety for pedestrians by rerouting steep and low-lying trail segments. 3. Enhance natural resources at Maplewood Nature Center by reducing trail erosion and seeding and planting native woodland species along the trail. 4. Maintain existing limerock trail. Project Tasks 1. 4?-wide woodland trail with mineral soil surface. Enhance woodland trail using sustainable trail design strategies. Tasks will include rerouting a trail segment subject to flooding and rerouting several steep sections of trail. 970 linear feet of new trail will be created and 850 linear will be abandoned. In addition, several strategies will be incorporated to reduce erosion including: installing 19 rolling grade dips, deberming 150 feet of trail, and adding aggregate to 150 feet of trail. 2. Maintain and enhance existing limerock surface trail. Add 2 inches of aggregate to 2300? of existing 6-foot wide limerock trail. 3.Maintain and enhance existing pondside overlook. Level and secure existing deck under pads. Enhance existing bench with a backrest. Agenda Item M7 DISCUSSION The Minnesota DNR has recommended to the Federal Highway Administration that the Maplewood Nature Center Sustainable Trail Restoration Project be funded by a reimbursement grant of $12,245. The city is required to match the grant with $12,245 cash or in-kind services. Sustainably designed trails provide many benefits to the environment as well as to trail users. Sustainable trail design addresses erosion and drainage issues as well as matches trail design to the user. A well-built trail needs only periodic maintenance including redressing the grades every five years. Thus the costs of trail maintenance may be reduced over the long term. For this project the nature center?s trails would be renovated for typical trail users including families, older adults, children?s groups, birdwatchers and photographers. Existing limerock trails will continue to have limerock surface and be accessible by strollers and wheelchairs. Steep trail sections will be rerouted along contours to minimize trail slope. One section of low lying trail subject to periodic flooding will be rerouted to higher ground. Final approval of this grant by FHWA requires a letter or resolution from City Council supporting the grant. This must be submitted to the DNR before August 15, 2008. RECOMMENDATION Staff recommends that the City Council adopt the attached resolution supporting a $12,245 Federal Recreational Trail reimbursement grant from the Minnesota DNR, and authorize matching funds up to $12,245 to be provided from Capital Improvement Plan project PM07.100 Parks-Trail Development. Attachments: 1. Resolution 2. Project Map Agenda Item M7 Attachment 1 Resolution No. xxxxxxx CITY OF MAPLEWOOD, MINNESOTA RESOLUTION OF ACCEPTANCE OF FEDERAL RECREATIONAL TRAIL GRANT WHEREAS, The City of Maplewood supports the grant application made to the Minnesota Department of Natural Resources for the Federal Recreational Trail Grant Program. The application is to renovate, enhance and maintain a large portion of the 1½ miles of hiking trails located within the 40 acre nature preserve called Maplewood Nature Center. NOW, THEREFORE, BE IT RESOLVED, if the City of Maplewood is awarded a grant by the Minnesota Department of Natural Resources, the City of Maplewood agrees to accept the grant award, and may enter into an agreement with the State of Minnesota for the above referenced project. The City of Maplewood will comply with all applicable laws, environmental requirements and regulations as stated in the grant agreement, and BE IT FURTHER RESOLVED, the City of Maplewood shall match the grant with cash or in-kind services, and BE IT FURTHER RESOLVED, the City Council of the City of Maplewood names the fiscal agent for the City of Maplewood for this project as: Robert Mittet, Director of Finance City of Maplewood 1830 County Road B Maplewood, MN 55109 BE IT FURTHER RESOLVED, The City of Maplewood hereby assures the Maplewood Nature Center Trail will be maintained for a period of no less than 20 years. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THIS_____DAY OF_____________, 2008 Passed by the Maplewood City Council on ____________________. __________________________ Diana Longrie, Mayor Attest: ___________________________ Karen Guilfoile, City Clerk Agenda #M-9 AGENDA REPORT To: Acting City Manager Chuck Ahl From: Chief of Police David J. Thomalla Subject: Donation to Maplewood Police Reserves Date: July 21, 2008 Introduction The Maplewood Police Reserves have received a donation from the Ramsey County Agricultural Society, and City Council approval is required before this donation can be accepted. Background This year, as they have for the past several years, the Maplewood Police Reserves provided assistance to the Ramsey County Fair by assisting with traffic control, the White Bear Avenue Parade, and patrolling the fairgrounds for the duration of the fair. To show their appreciation for the many hours of service provided by the Reserves, the Ramsey County Agricultural Society has donated $425 to be used for their equipment and/or training. City Council approval is required before this donation can be accepted. Recommendation It is recommended that approval be given to accept this donation and that the necessary budget adjustments be made so the funds can be expended as designated. Action Required Submit to the City Council for review and action. DJT:js Agenda M10 AGENDA REPORT TO: Chuck Ahl, Acting City Manager FROM: Karen Guilfoile, Citizen Services Director DATE: March 17, 2008 SUBJECT: Church of St. Jerome Temporary Gambling Permit Resolution and Waive Permit Fees Introduction An application has been submitted for a temporary gambling permit on behalf of the Church of St. Jerome, 380 Roselawn Avenue E. This is for a fundraising benefit for Matt McGlone. Matt has been battling acute leukemia and the funds raised from the benefit will help with medical bills. The event will be held on August 16, 2008 from 5:30 p.m. to 10:30 p.m. As part of the fundraiser, a temporary alcohol permit $198.00 and a two-day temporary food permit $106.00 has also been applied for. The organizer of the fundraiser is requesting the fees for these permits be waived. In order for the State of Minnesota to issue a temporary gambling permit, approval of the following resolution from the City is required: RESOLUTION BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary premises permit for lawful gambling is approved for St. Jerome Church, 380 E. Roselawn Avenue, Maplewood. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Recommendation Approve the above resolution for a temporary gambling permit. Also, approve the fees be waived for a temporary liquor permit $198.00 and for a two-day temporary food permit $106.00. Agenda Item N1 AGENDA REPORT TO : City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Award of Contract for City Manager Search Firm DATE: July 23, 2008 INTRODUCTION/SUMMARY As part of the process for searching for a firm to assist the Council in selecting a permanent City Manager, the Council has ranked the proposals from four firms and earlier in the evening, interviewed two firms that were finalists. This item is an action item to approve a contract with the top ranked firm and to authorize the Acting City Manager to execute the contract. Background information on the process was provided with the Work Session materials. Financial Consideration Springsted indicated a fee of $20,850 plus up to $5,650 in expenses; Total = $26,500 Par Group indicated a fee of $15,500 with numerous other optional expenses in the range of $7,500; Total = $23,000 There is approximately $24,000 budgeted in the City Council and Administration budgets for consulting services. In addition, the City will save funds in these programs during 2008 since Mr. Copeland was budgeted for an entire year of wages.A re-estimate of these programs by staff indicate that up to $40,000 is available for this service. The following times were set for interviews, earlier in the evening: 5:30 pm ? Par Group, Inc., Steven Bernard, Vice President 6:00 pm -- Springsted, Inc., Sharon Klumpp, Vice President RECOMMENDATION It is recommended that the City Council approve a motion awarding a contract to ___________ for the purpose of assisting the City Council with the selection process for a permanent City Manager in the amount not to exceed _____________ and authorize the Acting City Manager to execute the proposal authorizing the work program. Attachments: 1. Proposal from Par Group, Inc. 2. Proposal from Springsted, Inc. Candidate Profiles Confidential - Not for Public Distribution member of the Twin Cities Capital Fund, a venture capital organization that provides gap financing to projects meeting established financial criteria. The candidate's experience also includes a downtown redevelopment project in which the city negotiated with the county to buy excess right-of-way originally purchased for a transportation project. In the event that the city does not use the property for redevelopment purposes, proceeds for any subsequent sale of the property will be split with the county. In Mosquito Heights, the candidate was responsible for coordinating airport issues and administering the city's three tax increment districts. Involvement with the tax increment districts included such things as reconfiguring existing districts to pool tax increments and assembling property for a 500- unit housing development. The candidate has an open and honest style of working with the city council. He works with the city council to develop council goals, emphasizing the importance of the entire council taking ownership in these goals. Although council members have changed during his tenure in Frost Bite Falls, he notes that the goals adopted in 2003 are still in effect. He is pleased that the city council has maintained consistent priorities and that council members want to see accomplislunents take place before taking on new goals. The candidate credits the city council with establishing rules of engagements so members understand where each comes from. He sees it as his role to assist the council in its policy making by providing well reasoned recommendations for council consideration. The candidate's management style is to give department heads a lot of autonomy. He considers department heads to be experts in their field and holds them accountable for results. If department heads are not achieving results, he does not hesitate to make changes. He uses weekly meetings to check in with department heads. The candidate wants to see increased participation in National Night Out but notes that low participation could be a reflection on the level of safety people feel in their neighborhoods and in the community. He indicated that the city is beginning a rental housing inspection program. While few problems exist, the city chose to take a proactive approach rather than waiting for the problem to appear. The candidate reports that he has never been fired by a governing body and that there is nothing in his work history that would be a concern for a future employer. His current salary is $117,588. He also receives a $300 monthly car allowance. The candidate must provide his current employer with 30 days advance notice. Springsted City of North Park, Minnesota, City Manager Search