The URL can be used to link to this page

Home My WebLink AboutCCAgenda_03Aug27CITY OF FALCON HEIGHTS Regular Meeting of the City Council City Hall 2077 West Larpenteur Avenue AGENDA August 27, 2003 A. CALL TO ORDER: 7:00 PM B. ROLL CALL: GEHRZ KUETTEL LAMB LINDSTROM TALBOT WORTHINGTON SHEA KODLUBOY ATTORNEY ENGINEER C. COMMUNITY FORUM: D. PRESENTATION: Introduction of City's First CERT Team E. APPROVAL OF MINUTES: August 13, 2003 F. PUBLIC HEARINGS: None Scheduled G. CONSENT AGENDA: 1. General Disbursements through August 21, 2003: $ 162,775.21 Payroll (8/01/03-8/15/03) $ 14,932.82 H. POLICY AGENDA: 1. Resolution 03-14 Accepting a DNR Trail Grant and Recognizing the Matching Requirement 2. Consideration of Resolution 03-15 Opposing the Closure of any Suburban Courthouse 3. Approval of Stipulation of Settlement Relating to the Acquisition of the Northome Shopping Center Property I. REPORTS FROM COUNCIL MEMBERS: J. INFORMATION AND ANNOUNCEMENTS: • K. ADJOURNMENT • CITY OF FALCON HEIGHTS COUNCIL MINUTES August 13, 2003 Mayor Gehrz convened the regular City Council meeting at 7:00 PM PRESENT: Mayor Sue Gehrz, Council members Laura Kuettel and Richard Talbot Also present: City Administrator Heather Worthington and Deputy Clerk Mary Shea Kodluboy ABSENT: Council members Robert Lamb and Peter Lindstrom with prior notice COMMUNITY FORUM: There was no commentary from the audience. APPROVAL OF MINUTES: The Council minutes dated July 23, 2003 were unanimously approved as submitted. PUBLIC HEARINGS: None Scheduled CONSENT AGENDA: Administrator Worthington said that the payment amount indicated in Consent Agenda Item 6 • has been amended from $35,353.50 to $33,585.83 to reflect a deduction for retainage purposes. Mayor Gehrz said that with regard to Consent Agenda Item 7, two of the three firefighters joining the Fire Department, Dale Huff and Lee Griffith, are graduating from the CERT program this coming Thursday evening. Administrator Worthington said that Building Official Steve Westerhaus prepared written recommendations for Consent Agenda Item 8 that were distributed prior to the Council meeting. Kuettel moved that the Consent Agenda be approved, as outlined below. The motion was unanimously approved. 1. General Disbursements through August 8,2003: $63,556.88 Payroll (7/16/03-7/31/03) $16,169.79 2. Licenses -The Council, to encourage residents to patronize local businesses, read aloud the names of the most current businesses renewing their licenses for 2003 3. Step Increase and Compensation Increase for Mary Shea Kodluboy, Deputy Clerk -Step 2, 3% Compensation Increase 4. Final Payment for 2003 Crack Sealing and Seal Coating in the Amount of $33, 585.83 • 5. Appointment of Lavone Johnson to the Neighborhood Commission • FALCON HEIGHTS CITY COUNCIL MINUTES _2_ August 13, 2003 CONSENT AGENDA (continued) 6. Acceptance of Partial Payment Request #2 from Jay Bros., Inc., in the Amount of $43,623.05, for the Folwell Avenue Water Main and the Sheldon Avenue Maintenance and Curb Work 7. Appointment of Firefighters -Timothy Sylvester, Dale Huff and Lee Griffith 8. Adoption of Ordinance #03-OS Regarding the Minnesota State Building Code, Options and Fee Schedule POLICY AGENDA: Adoption of a Resolution Ap roving a Tax Parcel Split Administrator Worthington said that the planning and ultimate construction of the new Dino's restaurant will require a tax parcel split, due to a land swap between the owner of the adjacent • property and the developer, George Sherman. The City Council is being asked to approve the splitting of the Parcel Identification Number (PIN) for tax purposes. There will be no effect on local tax base or revenue. RESOLUTION 2003-13 Talbot moved adoption of Resolution 2003-13 approving a tax parcel split for Lots 4 and 5, Keller's rearrangement of Block 10 of Falcon Heights Addition, including the West Half of the vacated alley adjacent to said lots. The motion was unanimously approved. REPORTS FROM COUNCIL MEMBERS: Council member Talbot said that a Falcon Heights business, the Coffee Grounds, at 1579 Hamline, will be celebrating its tenth anniversary on Saturday and Sunday, August 16 and 17, with raffles, games, prizes, face painting, storytelling, talent show, music and food. He said they have been a good neighbor and he encouraged everyone to stop in and enjoy the festivities. Council member Talbot said there was a good turnout for the City's Ice Cream Social on July 31. He thanked Administrator Worthington and Council member Kuettel for being good sports and taking turns in the dunk tank. He also gave a big thank you to the Lions Club for all of their help with dispensing beverages and dishing up ice cream goodies and cake. Council member Kuettel commented that Ramsey County Commissioner Rettman, now that she is a member of the Lions, also took her turn in the kitchen that night. • FALCON HEIGHTS CITY COUNCIL MINUTES _3_ August 13, 2003 INFORMATION AND ANNOUNCEMENTS: ~ Mayor Gehrz said that on August 2, Kris Grangaard gave a presentation at a national conference in Washington, DC. The focus of the conference was the implementation of community programs. People she talked with told her that Kris did an absolutely fantastic job. There are a lot of barriers in other communities, whereas Falcon Heights does everything possible to support people getting together in their neighborhoods. FEMA paid all of the expenses for her trip. Mayor Gehrz said that on Monday, August 11, she and Administrator Worthington attended a meeting to talk about a proposal to close down the court facility in Maplewood. At one time there were five satellite court facilities in the seven county metro area; now there is just one. Because of budget concerns, the judges have decided that closing down the Maplewood facility makes sense. Law enforcement is opposed to this. Thousands are served at that court location. Everyone is trying to come up with ways to keep the court open. She encouraged people to contact Commissioner Rettman. There will be another meeting on August 25 and it is expected a final decision could be made as early as September. Mayor Gehrz said the City Council has started budget workshops for 2004. Staff is developing a preliminary budget. If residents have ideas about the budget, now is the time to a-mail, phone or write. Let the Council know your ideas. The budgeting process is a six month process and very complicated. Mayor • Gehrz said that filings for candidacy for the Mayor and two Council positions open up on August 26 and closes on September 9. Local elections are held every two years and the Mayor and Council serve four-year terms. She invited anyone interested in learning more about the duties and responsibilities of the Mayor and Council to feel free to contact her. Administrator Worthington reminded everyone that the State Fair begins on August 21. Falcon Heights does not allow the parking of cars on lawns, the sale of merchandise, or for sale signs in yards. Saint Paul does not prohibit these things. During the State Fair, parking on the hydrant side of streets is prohibited. If residents see any parking code violations, contact the police during regular working hours at 612-789-5015 or, after hours, at 651-484-3366. If you live in an apartment building that does not have off-street parking, contact your caretaker, and your caretaker can contact City Hall about obtaining temporary parking permits. You have to abide by the parking restrictions whether you live in the City or not. Nothing has changed since last year. The regular City Council meeting was adjourned at 7:25 PM. Respectfully submitted, Mary Shea Kodluboy • Deputy Clerk 3 :: PRESENTATION 8/27/03 ITEM: Introduction of City's First CERT Team SUBMITTED BY: Sue Gehrz, Mayor EXPLANATION: Summary: The city graduated its first Community Emergency Response Team (CERT) on August 14 Tonight, the Mayor will present them with their CERT pins, and introduce them to the community. • c: .7 ITEM: Disbursements and Payroll SUBMITTED BY: Roland O. Olson, Finance Director REVIEWED BY: Heather Worthington, City Administrator EXPLANATION/SUMMARY: 1. General Disbursements through August 21, 2003, in the Amount o£ Payroll (8/01/03-8/15/03) in the Amount o£ ATTACHMENTS: • General Disbursements • Payroll ACTION REQUESTED: • Approval CONSENT G1 8/27/03 $ 162,775.21 $ 14,932.82 S DATE 08/18/03 TIME 12:46 CITY OF FALCON HEIGH COUNCIL REPORT PAGE 1 APPROVAL OF BILLS PERIOD ENDING: 8-21.03_ ~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT ------------------- ------------------------ -------- ----------- 42583 GOVERNMENT TRAINING SERV. 03 MAYORS CONF-DULUTH LEGISLAT 120.00 LILLIE SUBURBAN NEWSPAPER MAYORAL CANDIDATE/ELECTN LEGISLAT 6.98 LILLIE SUBURBAN NEWSPAPER TAX INCREMENT ANNUL DISC LEGISLAT 23.72 *** TOTAL FOR DEPT it 150.70 AMERICAN OFFICE PRODUCTS PAPER/ERASER REFILLS ADMINIST 121.03 42576 US BANCORP EMPLOYEE RECOGNITION ADMINIST 26.93 42578 PERA PERA JULY 16-31 ADMINIST 1,562.80 42580 PERA PERA AUG 1-15 ADMINIST 1,488.80 RAMSEY COUNTY AUG/03 INS ADMINIST 4,272.30 STAR TRIBUNE NEWSPAPER SUBSRIPTION ADMINIST 111.80 *** TOTAL FOR DEPT 12 7,583 .66 DIANE MEYER ICE CREAM SOCIAL SUPPLIS COMMUNIC 326.72 NORTH SUBURBAN ACCESS CO. PROGRAMMIN/WEBSTREAMING COMMUNIC 491.07 NORTH SUBURBAN COMM COMMS INTERNET SVC APR-JUNE COMMUNIC 140.30 TARGET 4 SOFBALLS/POP FOR EVENT COMMUNIC 23.80 QWEST TELEPHONE COMMUNIC 606.01 *** TOTAL FOR DEPT 16 1,587. 90 42577 AMEM MEMBERSHIP AMEM EMERGENC 100.00 42577 AMEM REGISTRTN/ SEPT 14-17 EMERGENC 100.00 WORTHINGTON,HEATHER DEM TNG LUNCH EMERGENC 8.26 • WORTHINGTON, HEATHER *** TOTAL MILEAGE DEM TNG FOR DEPT 21 EMERGENC 23.00 231. 26 ST ANTHONY VILLAGE SEPT/03 POLICE SVGS *** TOTAL FOR DEPT 22 AMERZPRIDE LINEN&APPAREL LINEN CLEANING AMERICAN TEST CENTER INC 757 TEST/INSPECTION MN STATE FIRE DEPT. ASSOC MEMBERSHIP MUNICIPAL EMERG SERVICES LEO'S HELMET FRONT OXYGEN SERVICE COMPANY AIR TANK RENTALS OXYGEN SERVICE COMPANY AIR TANK RENTALS VERIZON WIRELESS CELL PHONE QWEST TELEPHONE *** TOTAL FOR DEPT 24 BOARD OF WATER COMMISSNRS H2O BOARD OF WATER COMMISSNRS S.S. BOARD OF WATER COMMISSNRS S.S. CINTAS CORPORATION #470 RUG SVC CITY HALL LOBBY GRAINGER, W. W., INC. TOWELS/TISSUE/LINENS 42530 MCI WORLDCOM RES SVC LONG DISTANCE TERMINEX PEST CONTROL SVC *** TOTAL FOR DEPT 31 ALLIED BLACKTOP CO. 2003 SEAL COATING XCEL ENERGY ELECTRIC *** TOTAL FOR DEPT 32 • BOARD OF WATER COMMISSNRS H2O POLICE 37,012.75 37,012.75 FIRE FIG 54.67 FIRE FIG 591.08 FIRE FIG 180.00 FIRE FIG 49.50 FIRE FIG 25.00 FIRE FIG 45.00 FIRE FIG 20.49 FIRE FIG 161.96 1,127.70 CITY HAL 604.14 ~~~ CITY HAL 11.69 ~ I 3" CITY HAL 11.69 CITY HAL 32.48 ..Jn{~ ~~(~ CITY HAL 172.78 -nf~,y`% CITY HAL 44.04 I~ ~ ,V,M~, /1 / CITY HAL 159.75 ,n/,/+~` ~/y ,~Q/~ 1,036.57 ~~/{~nnrAn"1A""~,~ri~/`ry l'~'~'/J~~` STREETS 33,585.8 ~ __~/~" ~~ STREETS 7.40 ~ ,,,///"'--- 33,593.23 ~ 0 _~ PARK & R 45.11 G DATE 08/18/03 TIME 12:46 CITY OF FALCON NEIGH COUNCIL REPORT PAGE 2 APPROVAL OF BILLS PERIOD ENDING: 8-21.03_ ~CK# VENDOR NAME DESCRIPTION DEPT. AMOUNT ------------ ------------------------ -------- ----------- BOARD OF WATER COMMISSNRS S.S. PARK & R 11.69 BOARD OF WATER COMMISSNRS S.S. PARK & R 11.69 D-ROCK CENTER LANDSCAPE RIVER ROCK PARK & R 39.94 `~ i O 7Jc GRAINGER, W. W., ZNC. TOWELS/TISSUE/LINENS PARK & R 172.77 ~~ I XCEL ENERGY ELECTRIC PARK & R 48.99 ..(y~-~ *** TOTAL FOR DEPT 41 330.19 0 ,~QJ 42581 RHONDA CHIODO REFUND/BGN BALL SKILLS PARK PRO 30.00 RpU'f]..A --YYY~"nAMM~~~,,,',,,WWW~" DIANE MEYER COOKING CLASS SUPPLIES PARK PRO 133.42 ~ ~ ~ /n *** TOTAL FOR DEPT 50 163.42 ~~~ 444"' 42579 NORTHERN ESCROW INC FOLWELL WATER MAIN PROJ WATER FU 42 183 0~ ~O *** TOTAL FOR DEPT 53 42,183.05 42582 CAROLINA EMBLEM/EMBROIDRY SHIPPING COSTS/CERT PINS CCC/CERT 6.97 GEHRZ, SUE CERT KIT SUPPLIES CCC/CERT 534.83 MTS SAFETY PRODUCTS INC CERT KITS CCC/CERT 728.33 KINKO'S INC. OUTREACH/PUBLIC INFO CCC/CERT 109.06 *** TOTAL FOR DEPT 54 1,379.19 METROPOLITAN COUNCIL SEPT/03 S.S. QWEST TELEPHONE *** TOTAL FOR DEPT 75 • EHLERS AND ASSOCIATES 2002 TIF REPORTS *** TOTAL FOR DEPT 77 EHLERS AND ASSOCIATES 2002 TIF REPORTS *** TOTAL FOR DEPT 78 SANITARY 18,373.33 SANITARY 57.37 18,430.70 TIF #1 556.88 556.88 TIF #2 556.87 fn) (~ 556.87 ~i ~(~'/ HOWARD GREEN COMPANYC. DINOS RELOCATION TRAFFIC COMM. DE 4,822.00 r WILSON DEVELOPMENT SVGS ACQU/RELOCATE PIZZE HUT COMM. DE 2,041.86 *** TOTAL FOR DEPT 79 6,863 .86 ~ RASMEY CTY LIBRARY FOUNDN CLOSE MCAD FUND MCAD 8,547.26 0 *** TOTAL FOR DEPT 84 8,547 .28 /~ ,n nl° ' ~ ~ ~DI p~ 42579 NORTHERN ESCROW INC SURFACE/CURB PROJECT ~ ~ Q AVE 1,440.00 I *** TOTAL FOR DEPT 85 1,440 .00 *** TOTAL FOR BANK O1 162,775. 21 *** GRAND TOTAL *** 162,775. 21 ~3.0~~ ~/ ~1 PERIOD END DATE 08/15/03 **FILE NOT UPDATED** SYSTEM DATE 08/10/03 C H E C K R E G I S T E R CHECK CHECK EMPLOYEE NAME TYPE DATE NUMBER PAGE 1 CHECK CHECK NUMBER AMOUNT 8 14 03 34 CLEMENT KURHAJETZ 32991 118 .34 8 14 03 40 KEVIN ANDERSON 32982 72.31 8 14 03 42 MICHAEL D CLARKIN 32983 162 .75 8 14 03 66 ALFRED HERNANDEZ 32984 294 .37 8 14 03 74 MARK J ALLEN 32985 161 .61 8 14 03 85 DANIEL S JOHNSON-POWERS 32986 135 .92 8 14 03 87 MICHAEL A MCKAY 32987 90 .50 8 14 03 90 ANDREW P SCHIPPEL 32988 107 .59 8 14 03 91 RICHARD H HINRICHS 32989 231 .97 8 14 03 97 PATRICK GAFFNEY 32990 92 .93 8 14 03 98 BRADLEY J. REZNY 32991 74 .34 8 14 03 1003 HEATHER WORTHINGTON 32994 1350 .21 8 14 03 1007 PATRICIA PHILLIPS 32995 289 .06 8 14 03 1013 WILLIAM MAERTZ 32996 1557 .59 8 14 03 1030 MARY A. KODLUBOY 32997 1257 .45 8 14 03 1033 DAVE TRETSVEN 32998 1119 .82 6 14 03 1038 DEBORAH K JONES 32999 g9g 89 8 14 03 1103 DIANE MEYER 33000 822 .19 8 14 03 1136 ROLAND 0 OLSON 33001 1300 .00 8 14 03 1143 COLIN B CALLAHAN 33002 781. 29 8 14 03 1144 ANITA TWAROSKI 33003 260. 39 8 14 03 1169 JAY PAUL KURTIS 33004 622. 81 8 14 03 1170 ERIC J BLOMQUIST 33005 402. 77 8 14 03 1173 ELIZABETH M POSTIGO 33006 417. 13 8 14 03 1178 PETER M FISCHER 33007 530. 75 8 14 03 1188 NICOLE S GRAHAM 33008 194. 82 8 14 03 1169 JEFFREY C OLSON 33009 204. 64 8 14 03 2009 ADAM C. BLEDSOE 33010 77. 57 8 14 03 2010 KELLY C. DAMROW 33011 247. 25 8 14 03 2013 KATIE JO KUEHNS 33012 331. 77 8 14 03 2018 ANNA M. SHELDON 33013 149. 61 8 14 03 2023 ZACH E. BRAND 33014 260. 93 8 14 03 2038 JOEL MORRIS 33015 248. 61 8 14 03 2039 ANDREW P CAPISTRANT 33016 32. 32 8 14 03 2040 KYLE P ODEGAARD 33017 32. 32 COMPUTER CHECKS 14932.82 MANUAL CHECKS .00 NOTICES OF DEPOSIT .00 ****TOTALS**** 14932.82 ~' i• • N O ~'- T ~ ~ 'CC ~ Rf a ao T N N o '~ ~ C ~ m C~ ~~ B ~~ ;!# C ,~; O :~ ~ Q V d ~ o M°^o c m o T N C p o a c R U .r a~ d o~ •• U ~ Z O ~ ~,: N ~ O O~ . • u ~. '•1 = o Q , ' .~ w ~ ;',~' >_~- ' y` ~a a~ L ~< ' = Z d~ ~ 'N`' ~' R ~J sm. ~ N ~ ~ N ~ ~ ~.: ~_ ~ _ ~ a~ .~° a OI~OOOM 0 0 0 0 0 0 O M 0 0 0 0 Ol~r(~rN O O~ (fl iA ~ pj ~~ N _~ O a ~ n N C p C v '~'ma :~ :~~ :oo E m ~ :cc3'" :~T~N 4 mUaa o ~ ~~'EEmc J.n~~Zat m tdEE-E -o ~•E•E•c:°• ~ ~ Q NNMOI^7 3 O> Q> O) O Of M M CD O t0 ~rdN4~~ O m 6N96N9 :y ~ .o ~ :~ a V W .~ ~ c CJ c ~ v(j ~~ ~ is of ~¢V tai Q m N mW ~ O ~N~"Zm • E~ ~ a`d4IiZ F-° i ~ i O ;~ ~ i O ~ Z ~ U a rn a~'~. r ~] w J J w Lf3 r ;O ~ O es Y O ~Cj Z o Q ~ w 'S ~ ~ ~ c ~~o n¢. ~ oWc r: ~ ~ +- U O OC2(~ycOD ~rn ~ Q O Q1 r +. fp ~ ~q y F+ Q ~ ~ p Z 0°~.~4oCo m v U 0) C c U O a Q m Z!•Z 0 0 3° °o°o°o 000 0 0 0 ~~~ .- r,ri 000Q0 69 fAfA ~ J J J ~mmm Q Q d >>> '!'e a o n r~ co =rnrn~ 000 o00 O O O ~~~ ono ~~~ ~ y W ~_ 5~~ ~aa° 9 m 0 W • POLICY Hl 8/27/03 ITEM: Resolution 03-14 Accepting a DNR Trail Grant and Recognizing the Matching Requirement SUBMITTED BY: Bill Maertz, Director of Parks and Public Works REVIEWED BY: Heather Worthington, City Administrator EXPLANATION: Summary: On February 26, 2003, the City Council passed a resolution authorizing staff to apply to the Department of Natural Resources for a Local Trails Connection Grant to make improvements to the Trolley Line trail adjacent to the Grove neighborhood. The DNR has preliminarily awarded Falcon Heights a matching grant of up to $54,000. The DNR requires a resolution from the governing authority that accepts the grant, recognizes the matching requirement, and assures that the trail will be maintained for at least twenty years. This resolution accepts the grant, but does not commit the City of Falcon Heights to making any trail improvements until there is a plan that has been approved. This trail is located on a common area of the Grove and will require complete agreement from all 181easeholders adjacent to the trail. ACTION REQUESTED: • Discussion • Adoption of Resolution 03-14 to COUNCIL RESOLUTION CITY OF FALCON HEIGHTS Date: August 27, 2003 Resolution Number: 03-14 WHEREAS, the City of Falcon Heights has applied for a grant to offset costs associated with the improvement of the Trolley Path in the University Grove Neighborhood, and; WHEREAS, the Department of Natural Resources (DNR) has granted $54,000 to this project, and; WHEREAS, the city staff has established a citizen task force to study the path, and make recommendations to the Parks and Recreation Commission and City Council regarding improvements to the path, and; WHEREAS, the DNR requires each grantee to pass a resolution accepting the grant, and providing a match equal to the grant, in addition to agreeing that the improvements be maintained for a period of 20 years; NOW, BE IT RESOLVED that the City Council of the City of Falcon Heights does hereby accept the DNR grant in the amount of $54,000 to offset costs associated with the improvement of the University Grove Trolley Path, and does agree to provide a monetary match equal to the amount of the grant, as well as maintenance of the property for a period of at least 20 years. BE IT FURTHER RESOLVED that the city will involve residents of the University Grove neighborhood in the planning of this project. Moved by: GEHRZ In Favor KUETTEL LAMB LINDSTROM Against • TALBOT Approved by: Attested by: Susan L. Gehrz, Mayor Date: August 27, 2003 Heather M. Worthington City Administrator Date: August 27, 2003 • POLICY H2 8/27/03 ITEM: Consideration of Resolution 03-15 Opposing the Closure of any Suburban Courthouse SUBMITTED BY: Mayor Gehrz Heather Worthington, City Administrator EXPLANATION: Summary: In 2002, the Ramsey County Court's Head Judge declared the Maplewood Court facility "inadequate", and moved to close the court. In the intervening year, the police chiefs, prosecutors, and city managers in the County held several meetings with Head Judge Mott, and did not reach an agreement to keep the court open. On August 1 lth, the city managers/administrators, police chiefs and prosecutors met again with Judge Mott, and he indicated at that time that it was his intention to close the court at the beginning of September. As a result, city managers in suburban Ramsey County were asked to bring forward the attached resolution, in order to dissuade Judge Mott from closing the suburban court. Several reasons were discussed at the meeting on the l lt~', including: • Proximity of the court to suburban cities • Cost of police vehicle parking downtown at the courthouse • Time spent in transit and in court downtown compared with the suburban location • Service delivery to victims and those called to testify in court • Parking concerns downtown In addition, state statute does require that Ramsey County keep a suburban court location open, in addition to the downtown court at the Courthouse. ATTACHMENTS: • Memo to Ramsey County managers • Resolution 03-15 ACTION REQUESTED: • Discussion • Approval of Resolution 03-15 l~ • August 18, 2003 MEMORANDUM To: Ramsey County City Administrators and Managers From: Heather Worthington, City Administrator, Falcon Heights Re: Potential Closing of the Ramsey County Suburban Court in Maplewood As you know, the Ramsey County District Court has stated that they will be closing the Maplewood Court in early September due to budget constraints and their determination that the court facilities are "inadequate". Several of us met with Chief Judge Mott, and Ramsey County Commissioners Reinhardt, Wiessner, and Bennett on Monday, August 11 at the White Bear Lake Training Facility. City administrators/managers, police chiefs, and prosecutors were present at this meeting, and attendees made several suggestions for alternate revenue sources for the court. The court also has concerns about the security of the Maplewood facility, as well as a need for additional staffing once the new Law Enforcement Center (LEC) comes online in the fall. Those present expressed concern about keeping the facility open, and those points are reflected in the attached resolution. After discussions with several managers and administrators, it has been suggested that cities adopt the attached resolution (or some form of it) as soon as possible in response to the possible closing of the Suburban Court. The next meeting scheduled for this group is on August 25, 2003, location TBA. We urge you to give this resolution consideration before that date, if possible, or shortly thereafter. If you have questions about this, please feel free to contact myself, or the following attendees of the August 1 lt" meeting for perspective: Mark Sather, White Bear Lake City Manager, 651/429-8526 Matt Fulton, New Brighton City Manager, 651/638-2100 Rick Getschow, Lauderdale City Administrator, 651/631-0300 Wally Wysopal, North St. Paul City Manager, 651/770-4450 13 ,~K~~~P e CITY OF FALCON HEIGHTS ~ ~ ~ CITY COUNCIL RESOLUTION /2 ~ DATE: August 27, 2003 Number: 03-15 A RESOLUTION OPPOSING THE CLOSURE OF ANY SUBURBAN COURTHOUSE AND REQUESTING RAMSEY COUNTY DISTRICT COURT TO SHARE INFORMATION AND COOPERATIVELY EXAMINE POSSIBLE SOLUTIONS FOR STATE FUNDING CUTS WHEREAS, leadership of the Ramsey County District Court has announced that it will consider closing the Maplewood Suburban Court in response to proposed state funding decreases; WHEREAS, Court leadership may have options for alternative revenue sources, such as case fees, and cost-savings due to alternate staffing models and technology improvements; WHEREAS, the closing of the Maplewood Suburban Court will result in the following: • There will be much longer court calendars and overcrowding at the downtown courthouse, which does not have the space to absorb additional defendants and the court staff needed for the increased workload, • • .Police officers will be off the streets for lon er eriods of time to travel lon er distances g P g and to wait longer periods of time .for overcrowded court schedules, • Suburban police departments will incur increased costs to pay for longer waiting times, pazking costs, and additional officers to cover the longer absences, • .Suburban citizens will suffer major inconvenience- from traveling longer distances and waiting longer periods of time to be heard, • Cooperation of civilian witnesses and crime victims with the prosecution will be lost, particularly in domestic abuse cases, due to the remote location and increased waiting time. WHEREAS, suburban cities recognize the real need to cut costs at the district court level; WHEREAS, suburban cities continue to provide their communities with services at lower staffing levels as a result of state aid cuts; WHEREAS, suburban cities wish to cooperate with the District Court in analyzing other alternatives that could avoid shifting the court's budget cuts to the cities. I ~ NOW THEREFORE BE IT RESOLVED by the City Council of the City of Falcon Heights, Minnesota that: r4 1. The City .Council opposes the closure of any suburban courthouse because of the consequences listed above. 2. The leadership of the Ramsey County District Court is requested to immediately provide accurate budget and statistical information to the suburban cities and to meet cooperatively to examine possible solutions to the proposed funding cuts. 3. The City Administrator and the City Attorney are authorized to cooperate with other suburban cities in creating a task force of representatives to meet with the Court. 4. The City Clerk is directed to provide copies of this resolution to the Chief Justice of the Minnesota Supreme Court, the Chief Judge of the Ramsey County District Court, the Ramsey County Board of Commissioners, the Ramsey County District Court Administrator, and the other suburban cities in Ramsey County. ADOPTED by the Falcon Heights City Council on August 27, 2003. Susan L. Gehrz, Mayor •i ATTEST: Heather M. Worthington, City Administrator i~ .POLICY H3 8/27/03 AMENDED ITEM: Approval of Stipulation of Settlement Relating to the Acquisition of the Northome Shopping Center Property SUBMITTED BY: Heather Worthington, City Administrator REVIEWED BY: Tom Scott, City Attorney EXPLANATION: Summary: The city is now ready to enter into a stipulated agreement with the owner of the Northome Shopping Center as a result of the condemnation action undertaken by the Council in early 3une. The developer, George Sherman, has a negotiated settlement with the owner of the property, Jim Ladner. The city will act as apass-through for the purchase of the property. The final Stipulation of Settlement document will be distributed to the City Council prior to the regular Council meeting on August 27. ACTION REQUESTED: • Approve Stipulation of Settlement relating to the acquisition of the Northome Shopping Center property • Motion approving the stipulation of settlement with JEMHAHS No. 3 Partnership- to acquire the Northome Shopping center property conditioned upon the redeveloper, Falcon Heights Town Square Limited Partnership, depositing with the city the acquisition costs pursuant to the development agreement and authorizing the Mayor and Administrator to execute the . Stipulation of Settlement upon such deposit of acquisition costs with the city. ,] ~~ 5 10 STATE OF MIl~INNESOTA COUNTY OF RAMSEY DISTRICT COURT SECOND JUDICIAL DISTRICT CASE TYPE: CONDEMNATION City of Falcon Heights, a Minnesota municipal corporation, vs. Petitioner, JEMJAHS No. 3 Partnership, a Minnesota partnership; Wells Fargo Bank Minnesota, National Association, successor by merger to Norwest Bank Minnesota, National Association, as Trustee for the registered holders of NationsLink Funding Corporation, Commercial Mortgage Pass-Through Certificates, Series 1999-2; Sky Ventures, LLC, a Delaware limited liability company; State of Minnesota; The Keller Corporation, a Minnesota corporation; John Roe and Mary Doe and County of Ramsey, Respondents. Petitioner, the City of Falcon Heights, and Respondent, JEMJAHS No. 3 Partnership, a Minnesota partnership ("JEMJAHS" or the "Stipulating Respondent"), hereby stipulate and agree as follows: 1. JemJahs is the fee owner of certain real property in Falcon Heights, Minnesota, as set forth in Exhibit A attached hereto (the "Subject Property"). ~~ ~_J C7 •i Court File No. STIPULATION OF SETTLEMENT 17 • 2. The condemnation as set forth in the Petition herein is necessary and serves a proper public purpose; 3. The Petition and all relief sought by the Petitioner therein and Petitioner's motion for "quick-take" against Stipulating Respondent may be granted by the Court without further notice to JemJahs; 4. The Court shall enter an order transferring. all of the Stipulating Respondent's right, title and interest in the subject property to Petitioner on a date to be chosen by Petitioner (the "Transfer Date"). In no event shall the Transfer Date be later than October 31, 2003. In order to accomplish this transfer by October, 2003, or such eazlier date as may be chosen by Petitioner,. Stipulating Respondent hereby waives the notice provisions contained in Minn. Stat. § 117.042; • 5. On the Transfer Date of the Subject Property and contemporaneous with the transfer of the Subject Property, Petitioner shall pay to Stipulating Respondent an amount equal to Petitioner's reasonable estimate of the Acquisition Damages computed according to pazagraph 6 below less $15,000.00, and Petitioner shall pay to Nations Bank N.A., a wholly owned subsidiary of BankAmerica Corporation ("Bank"), on behalf of JemJahs as .. ~ debtor, all or substantially all of the unpaid principal balance plus accrued interest and other amounts demanded by the Bank (collectively, the "Mortgage Payoff Amount") on a certain promissory note and mortgage ("Mortgage"), dated in or about January, 1999, in the principal amount of $1,540,000 originally held by the Bank. Stipulating Respondent and Petitioner agree that the Mortgage Payoff Amount may be paid to the Bank in one or more installments. Upon the final payment by Petitioner to the Bank of the Mortgage ... . Payoff Amount, the balance of the Acquisition Damages shall be paid to Stipulating • Respondent (or refunded to Petitioner, if the amount previously paid to Stipulating ,~ ,'' 4 2 I~' 1 .. Respondent is greater than the actual amount of the Acquisition Damages). The final payment of the Acquisition Damages to Stipulating Respondent and the Mortgage Payoff • Amount to the Bank shall constitute full and final payment of all compensation due to Stipulating Respondent. Any such payments shall be made in accordance with payment instructions to be provided by Stipulating Respondent. In the event no such'instructions have been provided to Petitioner as of the Transfer Date, Petitioner shall pay the Acquisition Damages described above by cashier's check payable to Stipulating Respondent and delivered to Allen Barnazd, counsel for Stipulating Respondent, at the offices of Best & Flanagan, Minneapolis, Minnesota, and Petitioner shall pay the Mortgage Payoff Amount as provided in the Mortgage. 6. For purposes ofthis-Stipulation in Settlement, Acquisition Damages shall be computed as follows: It Shall Be Two Million Five Hundred Sixty-Five Thousand and no/100 ($2,565;000.00) Dollazs less the following: (1) the Mortgage Payoff Amount; and (2) • any unpaid portion of Stipulating Respondent's obligation to pay real estate taxes and installments of special assessments due and payable in 2003 and allocable to the period from January 1; 2003 to the Transfer Date, as provided in paragraph 15 hereof. To the extent such accounts are used to reduce the Mortgage Payoff Amount, Acquisition Damages shall be increased by any escrow or reserve accounts including, but not limited to tax escrow, insurance escrow or any replacement reserve or tenant improvement reserve, which accounts were held by the Bank under the Mortgage. Stipulating Respondent represents that pursuant to the terms of the Mortgage and the promissory note secured thereby, the Bank has been informed of this action and the proposed settlement of this action by Stipulating Respondent. •i r~ ' j 7. Possession and title to the Subject Property shall transfer to Petitioner on the Transfer Date, subject to the rights of remaining tenants, if any, as of the Transfer Date; 8. At any time prior to the Transfer Date, Petitioner shall have the right to enter onto the Subject Property, for the purpose of conducting such physical inspections and environmental examinations as the Petitioner may elect to conduct, subject, however, to the rights of the then remaining tenants of the Subject Property, if any. 9. To the best of its actual knowledge and except as otherwise disclosed below, Stipulating Respondent laiows of no toxic or hazardous substances (including without limitation: asbestos, urea form formaldehyde, the group of organic compounds known as polychlorinated biphenyls, and any hazardous substance as defined in the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 • U.S.C. Section 9601-9657, as amended) ("Hazardous Substances") that have been generated, treated, stored, released or disposed of, or otherwise deposited in or located on the Subject Property at any time before or during Stipulating Respondent's ownership thereof, including without limitation, the .surface and subsurface waters of the Subject Property which caused (i} the Subject Property to become a hazardous waste treatment, storage or disposal facility within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRA"), 42 U.S.C. Section 6901 et seQ., or any similar state law or local ordinance or any other environmental law, (ii) a release or threatened release of hazardous waste from the Subject Property within the meaning of, or otherwise bring the Subject Property within the ambit of CERCLA, or any similar state law or local ordinance or any other environmental law, or (iii) the discharge of pollutants or effluents • into any water source or system, or the discharge into the air of any emissions, which would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. Section ~' r ~'* 4 ~~i , 1351 et sea., or the Clean Air Act, 42 U.S.C. Section 7401 et sea., or any similar state law or local ordinance or an .other environmental law. Exce t as otherwise disclosed by • Y P Stipulating Respondent below, Stipulating Respondent also represents, to the best of Stipulating Respondent's actual knowledge, that there aze no substances or conditions in or on the Property which may support a claim or cause of action under RCRA, CERCLA or any other federal, state or local environmental statutes, regulations, ordinances or other environmental regulatory requirements and that no underground deposits which contain hazazdous wastes or underground storage tanks, as defined in Minnesota Statutes, Section 116.46, subdivision 8, aze located on the Property; a. Environmental studies undertaken by Sherman Associates, Inc., in the last two years; and 10. 11. 12. b. Environmental reports produced for JemJahs and its predecessor in title, which • reports have been provided to Sherman Associates, Inc.; Stipulating Respondent represents that JemJahs has no actual knowledge of and has not received notice of any suits, judgments or violations relating to or at the Property of any zoning, building, fire, health, pollution, environmental protection or waste disposal ordinance, ,code, law or regulation which has not been corrected; Stipulating Respondent represents that, to the best of JemJah's actual knowledge, there are no existing private covenants, conditions or restrictions with respect to the Property except those of record against the title as of the date hereof; Stipulating Respondent represents that, to the best of JemJah's actual knowledge, there has been no labor or material furnished to the Property within the past 120 days for which payment has not been made; • 5 • 13. Stipulating Respondent shall not enter into any new lease, or modify or amend any existing lease; written or oral, or enter into any other contract or agreement for or pertaining to the Subject Property, or suffer any new possession or occupancy of any non-lessee individual or entity of any portion of the Subject Property after execution of this Stipulation without the prior written consent of Petitioner; 14. Stipulating Respondent shall have no liability to remaining or former tenants of the Subject Property, if any, under leases existing as of the date hereof for any compensation, award, damages or relocation benefits to which tenants maybe entitled under Minn.Stat. § 117.011, et seq. Petitioner shall be solely responsible for payment of any amount required to compensate Respondent Sky Ventures, LLC d/b/a Pizza Hut for the loss of Sky's leasehold interest in the Subject Property as a result of this condemnation • (the "Sky Condemnation Compensation Amount"), and for any relocation benefits or assistance, payments for personal property, and payments for other compensation,. if any; 15. Real estate taxes and installments of special assessments due and payable in 2003 shall be prorated between Petitioner and Stipulating Respondent as of Transfer Date; 16. With the exception of two sewage lift stations, the Stipulating Respondent has no knowledge of any wells, individual sewage treatrnent systems, or above ground or underground storage tanks on the Subject Property; 17. Subject to the terms of this Stipulation and Settlement, Stipulating Respondent waives all claims arising out of or related to the above-captioned condemnation action, including, but not limited to, all claims for just compensation and damages for the taking of any property, real or personal, relocation benefits, and all other benefits, payments, or claims to which Stipulating Respondent, maybe entitled under any law of the State of I• Minnesota or the United States; "~~ b ~. 18. Stipulating Respondent shall execute such documents as Petitioner may reasonably deem necessary to give effect to the terms and provisions of this Stipulation and Settlement; 19. The Court may make and enter the Order Transferring Title and Possession attached hereto as Exhibit B, upon the application of the Petitioner without further notice; and 20. This agreement may be executed in counterparts. •i •i C7 _a ~ ~ ..~ ~3 DATED: , 2003 PETITIONER: CITY OF FALCON HEIGHTS By: Susan L. Gehrz, Mayor By: Heather M. Worthington City Administrator/Clerk RESPONDENT: JEMJAHS N0.3 PARTNERSHIP, a Minnesota partnership By: James Ladner, General Partner By Barbara A. Lundberg, General Partner BY Gerald D. Sturzinger, General Partner By Mary S. Wehmann, General Partner By: JEMJAHS No. 2 Partnership Its General Partner By Mary S. Wehmann, General Partner MI:1002188.13 4~ ~~.: ,~ ;~ y~, g s4 EXHIBIT A DESCRIPTION OF FEE TITLE ACQUISITION: Shopping Center Parcel: Parcel l Tracts A, B, C, D, E, F, G, H, I, J and K, Registered Land Survey No. 94, files of Registrar of Titles, County of Ramsey. Parcel 2: Tract A except the North 38.33 feet of the West 70 feet thereof and except the South 51.67 feet of the North 90 feet of the West 73 feet of Tract A, Registered Land Survey No. 2, files of Registrar of Titles, County of Ramsey. Parcel 3: • The: West 506.5 feet except the West 426.5 feet of the South 150 feet of the North 359.5 feet of the Northwest Quarter of the Northwest Quarter of the Northwest Quarter of Section 22, Township 29, Range 23, except public streets and highways. .M, .~ • E~03IBIT B STATE OF hNNESOTA COUNTY OF RAMSEY City of Falcon Heights, a Minnesota municipal corporation, Petitioner, V5. JEMJAHS No. 3 Partnership, a Minnesota partnership; Wells Fargo Bank Minnesota, National Association, successor by merger to Norwest Bank Minnesota, National Association, as Trustee for the registered holders of NationsLink Funding Corporation, Commercial Mortgage Pass-Through Certificates, Series 1999-2; Sky Ventures, LLC, a Delawaze limited liability company;- State of Minnesota; The Keller Corporation, a Minnesota corporation; John Roe and Mary Doe and County of Ramsey, DISTRICT COURT SECOND JUDICIAL DISTRICT CASE TYPE: CONDEMNATION Court File No. ORDER FOR TRANSFER OF TITLE AND POSSESSION UNDER MINNESOTA STATUTES § 117.042 Respondents. nu~cu upon uie suputauon of the Petitioner and the Respondent, JEMJAHS No. 3 Partnership, a Minnesota partnership, fee owners of the real property that is the subject of the above-captioned condemnation action, and upon all of the files, records and proceedings herein, it is hereby ORDERED: -~ :~ ; ~` 2. 3. 4. The Petition herein and Petitioner's motion for transfer of title. and possession pursuant to Minn. Stat. § 117.042 are, in all respects, granted as to the interests of Respondent JEMJAHS No. 3, a Minnesota general partnership; All right, title and interest of Respondent JEMJAHS No. 3 Partnership and Respondent Wells Fargo Bank Minnesota, National Association, successor by merger to Norwest Bank Minnesota, National Association, as Trustee for the registered holders of NationsLink Funding Corporation,' Commercial Mortgage Pass-Through Certificates, Series 1999-2 in the property described in the Petition shall pass to, and be vested in, the Petitioner as of 2003; This order is without prejudice to the rights of other Respondents named herein (if any), other than JEMJAHS No. 3 Partnership, a Minnesota partnership, and Wells Fargo Bank Minnesota, National Association, successor by merger to Norwest Bank Minnesota, National Association, as Trustee for the registered holders of NationsLink Funding Corporation, Commercial Mortgage Pass-Through Certificates, Series 1999-2 and to any future notices and hearings in this proceeding; and The transfer of right, title and interest effected herein shall cause no augmentation or diminution of the rights of any other party to this action and shall have the same effect, if any, upon the rights of any other parry to this action as if title to the aforenamed Respondent's interests had been transferred simultaneously with the right, title and interest of all other Respondent named in the Petition. DATED: , 2003 BY THE COURT: ~~, ` ~, M1:1002] 88.13 Honorable 3udge of District Court • ~~