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02/12/2008
LAUDERDALE CITY COUNCIL MEETING AGENDA Tuesday, February 12, 2008 7:30 P.M. CITY HALL 1891 WALNUT STREET 1. ROLL CALL 2. APPROVAL OF THE AGENDA 3. APPROVALS a. Minutes of the Tuesday, January 22, 2008, City Council Meeting. b. Claims totaling $447,176.15. 4. OPPORTUNITY FOR THE PUBLIC TO ADDRESS THE COUNCIL ON ITEMS NOT ON THE AGENDA 5. CONSENT a) Park Committee Minutes b) Rental Housing & HVAC Licenses c) 2007 Investment Report 6. SPECIAL ORDER OF BUSINESS/RECOGNITION/PROCLAMATIONS 7. PUBLIC HEARINGS Public hearings are conducted so that the public affected by a proposal can have input in to the decision. 8. REPORTS a) Highway 280 update b) Snow*Commotion c) RCLLG Report 9. DISCUSSION/ ACTION a) Administrator Compensation b) State Bonding Resolution 10. ITEMS REMOVED FROM THE CONSENT AGENDA 11. ADDITIONAL ITEMS 12. SET AGENDA FOR NEXT MEETING a) Sound wall community presentation b) Plans and Specifications Hockey Rink c) Plans and Specifications Seal Coating d) Chief Ohl, Annual Police Department Report e) Personnel Committee Discussion 13. WORK SESSION a) Larpenteur Avenue Redevelopment b) Traffic Control Options Closed Session to discuss pending legal action 1 LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 1 of 2 Tuesday, January 22, 2008 Mayor Dains called the meeting to order at 7:30 p.m. Council members present: Lara Mac Lean, Denise Hawkinson, Karen Doherty, Clay Christensen, and Mayor Jeff Dains. Mayor Dains asked for any additions, deletions, or changes to the meeting agenda. Council member Christensen moved to approve the agenda and council member Hawkinson seconded the motion and it carried. Council member Mac Lean moved approval of the January 8, 2008, City Council meeting minutes as amended. Council member Doherty seconded the motion and it carried. Council member Christensen moved approval of the claims totaling $58,892.30. Council member Mac Lean provided the second and the motion carried. Mayor Dains asked if there were any items to remove from the consent agenda. Council member Doherty moved the Consent Agenda approving 2008 rental housing licenses and HVAC Licenses, 2008 Waste Hauler Licenses, and 2008 Score Grant. Council member Hawkinson seconded the motion and it carried. Commissioner Jan Parker addressed the Council and outlined the County's budget and areas of growth. She indicated public safety continues to involve a larger part of the county budget. Commissioner Parker outlined briefly the priorities of the Board of Commissioners and highlighted the juvenile diversion program. Commissioner Parker introduced Judge Gary Bastian who spoke on the issue of juvenile diversion. The Council asked a few questions and thanked Commissioner Parker and Judge Bastian. The Council recessed at 8:10 for ten minutes and reconvened at 8:20. Heck advised the council there is a meeting on January 29 with Mn/Dot to discuss the new bridge and council member Hawkinson indicated an interest in participating. Heck also said the plan is to begin work on the sound barrier in June or July. Mn/DOT representatives wanted to know about meeting with the Council and/or a community meeting. The Council directed staff to invite Mn/DOT to the February 26 council meeting to meet with the council and return on March 11 to discuss the plan with affected residents. LAUDERDALE CITY COUNCIL MEETING MINUTES Lauderdale City Hall 1891 Walnut Street Lauderdale, MN 55113 Page 2 of 2 Bownik provided information on Snow*Commotion, Lauderdale's winter event. The event is Saturday, January 26 from 3 p.m. to 6 p.m. The council set items for the February 12, 2008, city council meeting. The meeting will include discussions on Larpenteur Avenue, Snow*Commotion, the administrator's wage, establishment of a personnel committee, and a closed session with the City Attorney. Bownik discussed with the council a recommendation by the PCIC to place a sign near the playground to solicit ideas from users on design and features. The consensus of the council was to forgo the sign and use the internet, newsletter, cable station, and idea cards at city events to gather information and ideas. The Council moved into the work session to discuss changes to the inflow and infiltration ordinance. Heck and Butkowski outlined the need to update the ordinance. They told the council the ACLU challenged the application of a fee for residents who refused to allow a city official to inspect for illegal sewer connections. Heck said he spoke to Little Canada's administrator who experienced the same situation with their ordinance. Heck said Little Canada changed their ordinance from an automatic fee to initiation of an administrative warrant and that cleared up the situation. Heck and Butkowski are recommending amending the ordinance to reflect the language adopted by Little Canada. The council went into closed session at 9:00 p.m. to discuss the performance of the City Administrator. The Council returned to open session at 10:00 p.m. Council member Christensen moved to adjourn the meeting. Council member Hawkinson seconded the motion and the meeting adjourned at 10:00 p.m. Respectfully submitted Brian W. Heck City Administrator CITY OF LAUDERDALE CLAIMS FOR APPROVAL February 12, 2008 City Council Meeting 1/25/08 Payroll: Direct Deposit # 500480-500492 1/25/08 Payroll: Payroll Liabilities, e -payments 223E -226E 2/08/08 Payroll: Direct Deposit # 500493-500499 2/08/08 Payroll: Payroll Liabilities, e -payments 229E-231 E endor Claims " (12/08 Claims: Check #s 19040-19070 Subtotal of Claims From Above 1/28/08 Bond Payment $8,752.25 $7,179.22 $7,687.52 $6,347.35' $67,289.81 $97,256.15 $349,920.00 Total Claims for Approval $447,176.15 CITY OF LAUDERDALE Payments Current Period: FEBRUARY 2008 Batch Name 020808paytax Payment Computer Dollar Amt $6,347.35 Posted 02/07/08 4:08 PM Page 1 Refer 91 ICMA RETIREMENT TRUST - 457 Ck# 000229E 2/8/2008 Cash Payment G 101-21705 ICMA RETIREMENT 2/8/08 payroll $2,002.68 Invoice _ Trnncacfinn Mata 9/R/9nnR Due 0 NORTH STAR CHEC 10100 Total $2.002.68 Refer 92 PERA Cash Payment G 101-21704 PERA Invoice Transaction Date 2/6/2008 Ck# 000230E 2/8/2008 2/8/2008 payroll Due 0 NORTH STAR CHEC 10100 Refer 93 NORTH STAR BANK, CHECKING S Ck# 000231E 2/8/2008 Cash Payment G 101-21703 FICA WITHHOLDING. 2/8/08 payroll taxes Invoice Cash Payment G 101-21701 FEDERAL TAXES 2/8/08 payroll taxes Invoice Transaction Date 2/6/2008 Due 0 NORTH STAR CHEC 10100 $1,427.51 Total $1,427.51 $1,957.92 $959.24 Total Fund Summary BATCH Total 10100 NORTH STAR CHECKING 101 $6,347.35 $6,347.35 Pre -Written Checks $6,347.35 Checks to be Generated by the Compute $0.00 Total $6,347.35 $2,917.16 $6,347.35 CITY OF LAUDERDALE 01/24/0811:42 AM Page 1 Payments Current Period: JANUARY 2008 Batch Name 012508paytax Payment Computer Dollar Amt $7,179.22 Posted Refer 66 ICMA RETIREMENT TRUST - 457 Ck# 000223E 1/25/2008 Cash Payment G 101-21705 ICMA RETIREMENT 1/25/08 payroll $1,845.18 Invoice T— ... fi— n.fc 1/9d/9MR nuP 0 NORTH STAR CHEC 10100 Total $1.845.18 Refer 67 NORTH STAR BANK, CHECKING S Ck# 000224E 1/25/2008 Cash Payment G 101-21703 FICA WITHHOLDING. 1/25/08 payroll taxes Invoice Cash Payment G 101-21701 FEDERAL TAXES 1/25/08 payroll taxes Invoice Transaction Date 1/24/2008 Due 0 NORTH STAR CHEC 10100 $2,132.66 $914.26 Total $3,046.92 Refer 68 PERA Ck# 000225E 1/25/2008 Cash Payment G 101-21704 PERA 1/25/08 payroll $1,434.97 Invoice Transaction Date 1/24/2008 Due 0 NORTH STAR CHEC 10100 Total $1,434.97 Refer 69 MN DEPARTMENT OF REVENUE Ck# 000226E 1/25/2008 Cash Payment G 101-21702 STATE WITHHOLDING 1/08 state withholding $852.15 Invoice Transaction Date 1/24/2008 Due 0 NORTH STAR CHEC 10100 Total $852.15 Fund Summary BATCH Total $7,179.22 10100 NORTH STAR CHECKING 101 $7,179.22 $7,179.22 Pre -Written Checks $7,179.22 Checks to be Generated by the Compute $0.00 Total $7,179.22 CITY OF LAUDERDALE *Check Detail Register© FEBRUARY 2008 Check Amt Invoice Comment 10100 NORTH STAR CHECKING Paid Chk# 019040 2/12/2008 ABDO EICK &MEYERS LLP E 101-41200-301 AUDITING $1,900.00 2007 financial audit Total ABDO EICK & MEYERS LLP $1,900.00 Paid Chk# 019041 2/12/2008 AFSCME G 101-21709 UNION DUES $96.04 1/08 union dues Total AFSCME $96.04 'P—aid - 2 - --�.�,�� - . �� - _._ --- Paid Chk# 019042 2/12/2008—' AMERIPRIDE E 101-43000-228 MISC REPAIRS MAINT SUPPLIE $51.04 box of paper towels Total AMERIPRIDE $51.04 Paid Chk# 019043 2/12/2008 BOWNIK, JIM �� �� E 101-41200-331 TRAVEL EXPENSE $109.08 10/07-12/07 expense report Total BOWNIK, JIM $109.08 Paid Chk# 019044 2/12/2008 BUSINESS FORMS AND ACCOUNTING E 101-41200-201 GENERAL SUPPLIES $110.01 500 checks Total BUSINESS FORMS AND ACCOUNTING $110.01 - — Paid Chk# 019045 2/12/2008 CHRISTENSEN, CLAY E 101-41100-308 TRAINING\CONFERENCES $10.00 RCLLG dinner expenses E 101-41100-331 TRAVEL EXPENSE $12.13 RCLLG travel expense Total CHRISTENSEN, CLAY $22.13 Paid Chk# 019046 2/12!2008 CINTAS E 601-49000-425 CLOTHING $42.27 pw clothing E 602-49100-425 CLOTHING $42.27 pw clothing Total CINTAS $84.54 Paid Chk# 019047 2/12/2008 CITY OF FALCON HEIGHTS E 101-42100-321 FIRE CALLS $396.86 1/08 fire calls E 101-42200-322 FIRE FALSE ALARMS $382.33 12/07 fire calls E 101-42200-321 FIRE CALLS $382.33 12/07 fire calls E 101-42100-322 FIRE FALSE ALARMS $793.72 1/08 fire calls E 101-42200-323 FIRE INSPECTION $1,000.00 '07 inspections Total CITY OF FALCON HEIGHTS $2,955.24 Paid Chk# 019048 2!12!2008 CITY OF ST ANTHONY _._ �� ��.� E 101-42100-319 POLICE CONTRACT $45,675.00 2/08 police services Total CITY OF ST ANTHONY $45,675.00 Paid Chk# 019049 2/12/2008 EAST HENNEPIN AUTO SERVICE INC E 101-43000-212 MOTOR FUELS $33.00 1/08 motor fuels E 602-49100-212 MOTOR FUELS $4.12 1/08 motor fuels E 601-49000-212 MOTOR FUELS $4.13 1/08 motor fuels Total EAST HENNEPIN AUTO SERVICE INC $41.25 CITY OF LAUDERDALE *Check Detail Register© FEBRUARY 2008 Amt Invoice Comment E 201-45600-375 WINTER EVENT $112.00 Snow*Commotion banner E 101-41200-331 TRAVEL EXPENSE $43.65 1/08 travel expenses Total HECK, BRIAN $155.65 Paid Chk# 019051 2/12/2008 HUGHES & COSTELLO E 101-42100-355 MISC PRINTING/PROCESS SER $105.47 2/08 legal processing E 101-42100-305 LEGAL FEES $850.00 2/08 legal fees Total HUGHES & COSTELLO $955.47 Paid Chk# 019052 2/12/2008 ICC E 101-43400-202 PERMENANT SUPPLIES $46.45 code enforcement book Total ICC $46.45 Paid Chk# 019053 2/12/2008 ICMA E 101-41200-438 DUES & SUBSCRIPTIONS $234.10 hb'08 membership Total ICMA $234.10 Paid Chk# 019054 2/12/2008 KENNEDY &GRAVEN E 101-41400-355 MISC PRINTING/PROCESS SER $13.03 12/07 legal fees - Park E 101-41400-305 LEGAL FEES $375.00 12/07 legal fees - 1931 Carl E 101-41400-305 LEGAL FEES $420.00 12/07 legal fees - Park Total KENNEDY & GRAVEN $808.03 Paid Chk# 019055 2!12/2008 LILLIE SUBURBAN NEWS E 101-41200-309 DELIVERY $660.00 1/08 RR delivery Total LILLIE SUBURBAN NEWS $660.00 Paid Chk# 019056 2/12/2008 MAMA E 101-41200-308 TRAINING\CONFERENCES $18.00 bh luncheon/training Total MAMA $18.00 $Paid Chk# 019057 2/12/2008 MET -COUNCIL ENVIRONMENTAL SER. E 601-49000-387 WATER TREATMENT SERVICE $9,632.21 3/08 wastewater services Total MET -COUNCIL ENVIRONMENTAL SER. $9,632.21 Paid Chk# 019058 2/12/2008 MINNESOTACONWAY E 101-43000-327 OTHER SERV- SEWER/NPDES I $173.62 '08 fire extinguisher inspecti Total MINNESOTA CONWAY $173.62 Paid Chk# 019059 2/12/2008 NORTH STAR BANK, CHECKING STMT E 101-43400-203 POSTAGE $10.42 2 cert letters - rental housin E 101-43000-402 CITY TRUCK REPAIR/MAINTEN $3.50 wash truck E 101-45200-371 NON-RESIDENT REIMBURSEM $8.00 Lisa Roers E 101-41200-308 TRAINING\CONFERENCES $10.00 bh SRA meeting lunch E 101-43400-203 POSTAGE $29.41 cert letter / stamps E 201-45600-202 PERMENANT SUPPLIES $42.81 serving supplies E 101-41200-203 POSTAGE $17.99 cert mail tax forms E 101-41200-201 GENERAL SUPPLIES $14.90 misc supplies - tax forms CITY OF LAUDERDALE *Check Detail Register© FEBRUARY 2008 Check Amt Invoice Comment E 201-45600-440 MEETING EXPENSES $19.00 PCIC pizza E 101-43000-228 MISC REPAIRS MAINT SUPPLIE $68.73 fix vacuum E 201-45600-375 WINTER EVENT $65.38 Rainbow - food for Snow*Commot E 101-41200-201 GENERAL SUPPLIES $18.50 coffee for kitchen E 101-41200-308 TRAINING\CONFERENCES $15.00 Jim APMP Total NORTH STAR BANK, CHECKING STMT $323.64 Paid Chk# 019060 2/12/2008 NORTH SUBURBAN ACCESS CORP E 202-49500-327 OTHER SERV- SEWER/NPDES 1 $624.72 4g07 programming / webstreamin Total NORTH SUBURBAN ACCESS CORP $624.72 Paid Chk# 019061 2/12/2008 ORIENTAL TRADING CO E 201-45600-375 WINTER EVENT $78.65 '08 Snow*Commotion craft suppl Total ORIENTAL TRADING CO $78.65 Paid Chk# 019062 2/12/2008 PARK SERVICE � �� E 101-43000-212 MOTOR FUELS $171.82 1/08 motor fuels E 601-49000-212 MOTOR FUELS $21.48 1/08 motor fuels E 602-49100-212 MOTOR FUELS $21.47 1/08 motor fuels Total PARK SERVICE $214.77 Paid Chk# 019063 2/12/2008 RAMSEY COUNTY, PROP REC & REV E 101-41200-355 MISC PRINTING/PROCESS SER $25.00 2/08 benefits processing G 101-21706 HEALTH INSURANCE $296.72 2/08 benefits Total RAMSEY COUNTY, PROP REC & REV $321.72 Paid Chk# 019064 2/12/2008 SAM'S CLUB � �x E 201-45600-375 WINTER EVENT $60.27 Snow*Commotion supplies E 101-43000-228 MISC REPAIRS MAINT SUPPLIE $133.50 light bulbs, liners, cleaning E 101-41200-442 MISC $70.00 '08 membership E 101-41200-201 GENERAL SUPPLIES $7.97 coffee Total SAM'S CLUB $271.74 __.. Paid Chk# 019065 2/12/2008 SPRINT PCS E 601-49000-391 TELEPHONE/PAGERS $16.70 1/08 pw cell phone E 602-49100-391 TELEPHONE/PAGERS $16.69 1/08 pw cell phone E 101-43000-391 TELEPHONE/PAGERS $33.39 1/08 pw cell phone Total SPRINT PCS $66.78 Paid Chk# 019066 2/12/2008 ST PAUL REGIONAL WATER SERVICE E 601-49000-382 WATER $14.25 4g07 pw garage water E 101-43100-382 WATER $14.25 4g07 City Hall water E 101-45200-382 WATER $180.50 4g07 warming house water Total ST PAUL REGIONAL WATER SERVICE $209.00 Paid Chk# 019067 2/12/2008 SUBURBAN ACE HARDWARE E 101-45200-202 PERMENANT SUPPLIES $20.22 door knob / fasteners Total SUBURBAN ACE HARDWARE $20.22 x CITY OF LAUDERDALE *Check Detail Register© FEBRUARY 2008 Invoice Comment Paid Chk# 019068 2/12/2008 US BANK, DEBT SERVICES 10100 NORTH STAR CHECKING E 302-47200-621 FILE MAINTENANCE CHARGES $215.63 2000A bond management contract Total US BANK, DEBT SERVICES $215.63 $624.72 Paid Chk# 019069 2/12/2008 XCEL ENERGY, CITY HALL $215.63 601 SEWER UTILITIES E 101-43000-381 ELECTRIC $189.64 1/08 City Hall electricity E 101-43000-383 GAS UTILITIES $528.55 1/08 City Hall gas Total XCEL ENERGY, CITY HALL $718.19 __ -d-19070 Paid Chk# 2/12/2008 XCEL ENERGY, STREET LIGHTING . E 101-43200-381 ELECTRIC $496.89 1/08 street lighting Total XCEL ENERGY, STREET LIGHTING $496.89 10100 NORTH STAR CHECKING $67,289.81 Fund Summary 10100 NORTH STAR CHECKING 101 GENERAL $56,255.76 201 COMMUNITY EVENTS $378.11 202 COMMUNICATIONS $624.72 302'00 ST/UTIL IMP DEBT SERVICE $215.63 601 SEWER UTILITIES $9,731.04 602 STORM SEWER ENTERPRISE FUND $84.55 $67,289.81 1 CITY OF LAUDERDALE 01/28/08 10:24 AM Page 1 Payments Current Period: JANUARY 2008 Batch Name 08bondpymt1 Payment Computer Dollar Amt $349,920.00 Posted Refer 1 US BANK, DEBT SERVICES Ck# 000216E 1/28/2007 Cash Payment E 302-47200-611 BOND INTEREST 2000A bond interest Invoice Cash Payment E 302-47200-601 BOND PRINCIPAL 2000A bond principal Invoice Transaction Date 12/17/2007 Due 0 NORTH STAR CHEC 10100 $14,522.50 $95,000.00 Total $109,522.50 Refer 2 US BANK, DEBT SERVICES Ck# 000215E 1/28/2007 Cash Payment E 303-47300-611 BOND INTEREST 2002A bond interest $18,382.50 Invoice Cash Payment E 303-47300-601 BOND PRINCIPAL 2002A bond principal $115,000.00 Invoice Transaction Date 12/17/2007 Due 0 NORTH STAR CHEC 10100 Total $133,382.50 Refer 3 US BANK, DEBT SERVICES Ck# 000214E 1/28/2007 Cash Payment E 304-47400-611 BOND INTEREST 2003A bond interest $12,015.00 Invoice Cash Payment E 304-47400-601 BOND PRINCIPAL 2003A bond principal $95,000.00 Invoice Transaction Date 12/17/2007 Due 0 NORTH STAR CHEC 10100 Total $107,015.00 Fund Summary BATCH Total $349,920.00 10100 NORTH STAR CHECKING 302 $109,522.50 303 $133,382.50 304 $107,015.00 $349,920.00 Pre -Written Checks $349,920.00 Checks to be Generated by the Compute $0.00 Total $349,920.00 ACTION REQUESTED LAUDERDALE COUNCIL Consent X MEETING DATE February 12, 2008 Special Public Hearing ITEM NUMBER PCIC Minutes Report Discussion/Action STAFF INITIAL Jim Resolution Work session APPROVED BY ADMINISTRATOR DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: Attached are the minutes from the January 7, 2008 Park & Community Involvement Committee. OPTIONS: 1) Approve as consent item. 2) Remove from consent for discussion. STAFF RECOMMENDATION: Motion to acknowledge receipt of and placing on file minutes of the Park & Community Involvement Committee from January 7, 2008. COUNCIL ACTION: 1/7/08 PCIC Minutes MINUTES MONDAY, JANUARY 7, 2008 PARK & COMMUNITY INVOLVEMENT COMMITTEE 2. 3. 9 5. CALL TO ORDER ROLL CALL Members Present: Members Absent: Staff & Council Present: Others Present: Micah Harpel, Kathy Lerfald, Kendra Kauppi, Bob Milligan, Kathy Thompson Gretel Keene Jim Bownik, Denise Hawkinson APPROVAL OF THE AGENDA Milligan motioned to approve the agenda, second by Harpel. Ayes: 5, Nayes: 0. Motion carried. APPROVAL OF MINUTES OF NOVEMBER 26, 2007 MEETING Lerfald suggested a clarification of Item 6B regarding the metal gate at the hockey rink being addressed permanently with next years planned improvements. Lerfald also suggested to include under Snow*Commotion that the Committee also discussed and set the time of the event. Harpel motioned to approve the minutes as amended, second by Milligan. Ayes: 5, Nayes: 0. Motion carried. UPDATES A. 2008 Park Improvements B. Metal Gate at Hockey Rink C. Halloween Event Wrap-up (Wednesday, October 31 from 5-7 p.m.) Bownik provided an update on Items A -C. Bownik provided additional information regarding a revised cost estimate of $82,360 for the 2008 park improvements. Hawkinson inquired about having staff or volunteers remove and store the dasher boards for the hockey rink improvements. Thompson suggested securing the boards when stored to prevent vandalism or theft. The Committee reaffirmed that the Staff Liaison does not need to be present at the Halloween set up. However, it was recommended that the Chair or the Vice Chair assign people to various projects and oversee the process at the set up. 1 1/7/08 PCIC Minutes 6. DISCUSSION A. Elect Chair & Vice Chair Chairperson Harpel introduced the topic of electing a chair and vice chair. Harpel asked Bownik to elaborate on the requirements per the bylaws. Bownik stated the bylaws state that the Chair will be rotated at the first meeting of the year. However, since this procedure has not always been followed in the past it is up to the Committee whether they want to rotate the Chair but would suggest changing the bylaws. Milligan suggested changing the bylaws to say the chair and vice chair will be elected annually. A consensus of the Committee agreed with Milligan's suggestion. Thompson nominated Harpel and Lerfald to continue in their current roles as Chair and Vice Chair, respectively. The nominations were voted on with the following result: Ayes: 5, Nayes: 0. B. 2008 Food Service License Bownik provided background on the annual food service license. He suggested listing the staff liaison as the contact and being aware of some of the food safety requirements. C. 2008 Snow*Commotion Planning (Saturday, January 26 from 3-6 p.m.) Chairperson Harpel introduced the topic by discussing the event manual. Recommendations for the supply list were to eliminate coffee. Thompson suggested eliminating Styrofoam cups from purchases for environmental considerations. Committee agreed with the suggestion. Harpel asked about using a trailer pulled by a truck instead of horse-drawn transportation and whether price comparisons have been made regarding the horses. Bownik informed the Committee of potential issues with the truck and trailer option and stated that a price comparison has not been done for horses. He also stated that Lauderdale uses the same company that Falcon Heights uses and the company has not increased the charge over the years. Recommendations to implement from last year included two prices for books (50 cents for adult books & 25 cents for children's books), and happy music at the book sale and the park. Also, to charge 50 cents or one dollar for CDs, DVDs, records, or videos donated and treating these items the same as books for Lauderdollars. Thompson agreed to bring a CD player and music for the book sale. Hawkinson agreed to check on one for the warming house. 1/7/08 PCIC Minutes The recommendation for assignments was to have a sign up sheets for each point person. The probable point people will be Kauppi (food), Lerfald (books), Hawkinson (silent auction), Missy Harpel (crafts), and Bownik (medallion hunt and bonfire). D. Set Regular Meeting Day for Committee Chairperson Harpel asked the Committee to consider whether they would like to continue to meet the 1 st or the 3�d Mondays of the month or decide to meet on the same Monday every month. The Committee discussed the issue and the consensus was to keep meeting the 1 St or 3rd Monday to keep the flexibility but set the next two meeting dates to accommodate the newsletter. E. Archery Facility The Committee did not discuss this item, but a recent newspaper article was in the packet. F. Set Dates for Music Under the Trees Lerfald provided a brief update saying that the dates are dependant on the availability of the music groups. Lerfald also said having it on a Monday worked well last year. 7. OTHER BUSINESS 8. SET AGENDA FOR NEXT MEETING Bownik provided a suggested agenda for the next meeting. Lerfald requested the Dog Park issue on the February or March agenda. 9. SET DATE FOR NEXT MEETING The committee meets on the first or third Mondays of the month depending on the needs and commitments of the committee. A consensus of the committee recommended the next meeting be Monday, February 4 at 6:30 p.m. 10. ADJOURNMENT Thompson motioned to adjourn the meeting, second by Lerfald. Ayes: 5, Nayes: 0. Motion carried. The meeting adjourned at 8:43 p.m. 3 LAUDERDALE COUNCIL ACTION FORM TYPE OF REQUEST Consent X Action ❑ Resolution ❑ Information ❑ Work session ❑ MEETING DATE February 12, 2008 AGENDA NUMBER 5B Licenses DESCRIPTION 2008 Rental Housin4 / HVAC Licenses I BACKGROUND OR PAST COUNCIL ACTION I Following are rental property owners and HVAC contractors that successfully completed the licensing process for 2008. Rental Housing Alan Blat, 1886 Carl Street CCS Metro Properties, 1878 Walnut Street Bernadette Pyter Janisch, 1638 Rosehill Circle S & T Properties, 1862 Eustis Street Jacob Malinka, 1791 Fulham Street Rand Claussen, 2345 Summer Street Jeremy Carr, 1898 Walnut Street John Harpel, 1779 Walnut Street Joline Epple & Wade Mjelde, 1764 Pleasant Street HVAC Licenses CenterPoint Energy - Minnegasco OPTIONS STAFF RECOMMENDATION Approve these rental housing and HVAC licenses for 2008. MOTION BY STAFF ACTION COUNCIL ACTION SECOND LAUDERDALE COUNCIL ACTION FORM Action Requested Consent X_ Public Hearing Discussion Action Resolution Work Session Meeting Date February 12, 2008 ITEM NUMBER 5C—Year End Investment Report STAFF INITIAL HAB APPROVED BY ADMINISTRATOR YES DESCRIPTION OF ISSUE AND PAST COUNCIL ACTION: The attached report and spreadsheet reflects the City's investment activity for 2007. Please let me know if you have any questions. OPTIONS: STAFF RECOMMENDATION: COUNCIL ACTION: City of Lauderdale Fourth Quarter / Year -End Investment Report February 12, 2008 The year ended with a general fund balance of $.652,084.28 and an overall cash balance of $3,502,806.65.1 That is the total of all fund balances including the 601 Sewer Enterprise Fund. Since the City pools the fund balances for investment purposes, at the end of December, $3,124,989.84 was invested. The attached investment tracker breaks down the investments: $1,513,662.16 was invested in money market funds; $1,513,103.51 in certificates of deposit (CDs), and $98,224.17 in federal agency securities. In the third quarter, five CDs were purchased with yields ranging from 5.16% - 5.40%. Due to market changes, the fourth quarter was markedly different. The City purchased CDs with the following yields: ■ 4.80% for 14 months ■ 4.85% for 15 months ■ 4.80% for 18 months ■ 4.70% for 20 months Additionally, one FHLB security was called in October (9 months early) and another in December (3 months early). One agency remaining in the portfolio is earning 5.34% so the Council should anticipate that will be called soon. The going rate for agencies is now around 2.0-2.5% so staff will not likely be purchasing them until market conditions change. As would be expected, money market rates slipped throughout the quarter. Table 1 shows the money market rates earned in the later part of the year compared to 2006. Table 1 - Average Dailv Rates: 2006 versus Third Quarter 2007 This quarter, the City earned $36,137.63 from investments compared to $34,336.57 last quarter. Additionally, the checkbook earned $2,953.96. The checkbook interest is deposited into the general fund and is not distributed among the other funds. This brings 2007's investment interest earnings to $147,517.34. The proposed 2007 budget projected $77,010 in investment interest. Table 2 shows how much interest was deposited to each fund. Tirhlo ?- TnvPvtmont Firrninu Dktrihution by Fund 2006 September October November December 4M Fund 4.61% 5.11% 4.94% I 4.68% _ ....._._ 4.67% I ....... _ ......_.... _........__... — _........_.......................__...._.._......................_............._._......._........._..._..._.... 4M Plus Fund4.71% _...........__....__........ - — ....__ __.. ..:_—._._._...._................... — _....—.._....... _._......._............. 5.22% .._.._..._......--.._---............--- — —-.................__....__..._._.................... 5.00% 4.75% ; ... _..._—_........._.. 4.72% SB Inst. MM N/A I 4.88% i 4.72% 4.63% 4.39% I This quarter, the City earned $36,137.63 from investments compared to $34,336.57 last quarter. Additionally, the checkbook earned $2,953.96. The checkbook interest is deposited into the general fund and is not distributed among the other funds. This brings 2007's investment interest earnings to $147,517.34. The proposed 2007 budget projected $77,010 in investment interest. Table 2 shows how much interest was deposited to each fund. Tirhlo ?- TnvPvtmont Firrninu Dktrihution by Fund I These figures are prior to the year-end audit and adjustments. 2 August 34 -day average; September 27 -day average. First Second Third Fourth Year -to - Date Fund Quarter Quarter Quarter Quarter 2007 10 1 — General Fund $6,066.44 $6,263.64 $8,302.06 $8,234.79 $28,866.93 I These figures are prior to the year-end audit and adjustments. 2 August 34 -day average; September 27 -day average. 201 — Community Events $36.66 $65.40 $35.63 $44.78 $182.47 202 — Communication $243.31 $490.46 $371.51 $374.90 $1,480.18 203—Recycling. $255.60 $473.99 $477.01 $484.05 $1,690.65 302 — 2000 Street Improve $808.80 $2,285.99 $2,033.05 $2,127.72 $7,255.56 303 — 2002 Street Improve $2,129.18 $5,065.87 $4,024.66 $4,155.50 $15,375.21 304 — 2003 Street Improve $2,550.08 $5,981.11 $4,852.09 $5,028.33 $18,411.61 401 — Capital Improve, Street $2,877.60 $5,498.84 $4,334.69 $4,529.06 $17,240.19 402 — Capital Improve, Gen $1,179.20 $2,628.39 $1,954.99 $1,896.70 $7,659.28 403 —Capital Improvement, Storm Sewer $1,224.96 $2,793.81 $2,082.20 $2,134.42 $8,235.39 404 — Capital Improve, Parks $246.63 $1,087.23 $748.66 $576.39 $2,658.91 405 — TIF Projects $3,284.30 $5,943.03 $4,260.33 $4,581.08 $18,068.74 407 — Sewer Improvements $638.05 $1,346.03 $1,001.18 $3,706.40 $6,691.66 409 — Water Utility $826.20 $1,019.03 $0.003 $0.00 $1,845.23 601— Sewer Enterprise Fund $2,285.94 $4,943.39 $3,765.42 $1,217.47 $12,212.20 Staff continues to ladder investments. Currently, investment maturity dates are staggered through July 2009 with recent purchases maturing in February 2010 and January 2011. This quarter the average security was held 486 days. 2008 will have excellent returns with every holding in the City's portfolio earning at least 5.10%. Similarly, all holdings in the first half of 2009 will earn 4.80%. Staff will continue to provide the Council with quarterly investment reports that show current investment holdings, interest earned, and market updates. As always, staff is available to answer questions and provide the Council with research related to the City's investments. 3 The Water Utility Fund (409) balance was transferred to the Parks Capital Improvement Fund (404) in June. 2 E 3g3a8 e� o Mlf�RQ a'3 Epip3�g$�gg 7i6s�a L PA EY' ixt eCg6_tls SsaRC a'0.,: pS �� a sa�as�eagg N _ "a m� s � e asy N—u 8 ,m',$A8888=a tj 1A- sgg e5 e' Nee '',�Neeg; eEg � ee 8�g$$ mmJg Q �5}�}5��pgepq qq$ae'Q!� eyeQQe yyaa,e= a g^� pyapy y$ _ ¢� y�yr�r�ei+j � y e1a, 9 �� m EEM C € g € E �' +' 8 BUom�&BYCv S 8 � S8 8 m 888 m Sc .... ...... ...... ..... ....., ...... �3 �a ...................... ... .. .. ...... ki .... ...... .�'$ ... 'cam �G aage a S ...... ... .. ... ..... 8=§ $ .. ga ....... ......... m v S$ im.................... a at S ^88'�°NP3Yvu S 8 8 8` N 8 = va 8 8 � ops 's 8 s ...................... ......... ..... 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X S 0�e nnn o. & Na wY3 "YmNAgYrN ffi 8 u 8 S8 S _ mn 000n� a5a: gi LAUDERDALE COUNCIL ACTION FORM TYPE OF REQUEST Consent M Action ❑ Resolution ❑ Information ❑ Work session ❑ MEETING DATE February 12, 2008 AGENDA NUMBER DESCRIPTION Administrator Compensation BACKGROUND OR PAST COUNCIL ACTION I The employement agreement with the City Administrator states any increase in compensation be based on the Administrators performance. The City Council conducted the review of the Administrator at the January 22 Council meeting and a memorandum on the review is attached. MOTION BY STAFF ACTION OPTIONS STAFF RECOMMENDATION SECOND To: City Council From: Brian W. Heck, City Administrator Date: February 1, 2008 Re: Administrator Compensation The City Council conducted the annual review of the Administrator at the January 22, 2008 Council meeting. The outcome of the evaluation was a satisfactory rating by the Council. Compensation for the administrator is based on the administrators overall performance as there is no automatic step or general cost of living adjustment (COLA). The Council needs to determine if, based on the outcome of the administrators performance review, he should receive an increase in compensation and if so, how much should the compensation increase? Union staff received a 3% increase in accordance with their contract. The Assistant to the Administrator received a 3% increase following his performance review. The Administrator's current salary is $74,984. Avi To: City Council From: Brian W. Heck, City Administrator Date: February 8, 2008 Re: Transportation Funding Resolution The attached resolution is the model suggested by the League of Minnesota Cities in support of transportation funding. This resolution is suggested in response to a resolution sent to communities by Rep. Marty Seifert (attached). A draft of the resolution in Lauderdale format will be ready for the meeting. A RESOLUTION REQUESTING COMPREHENSIVE ROAD AND TRANSIT FUNDING WHEREAS, all Minnesota communities benefit from a sound, efficient and adequately funded transportation system that offers diverse modes of travel; and WHEREAS, the integrity of Minnesota's transportation infrastructure is dependent upon long-term planning and ongoing maintenance, both of which require dedicated and sustainable revenue sources; and WHEREAS, Minnesota leaders have not increased dedicated funding levels for roads, bridges and transit systems to keep pace with growing costs and changing needs; and WHEREAS, transportation analysts in consultation with the Minnesota Department of Transportation (MnDOT) estimate Minnesota will have to invest an additional $1.5 billion per year in transportation infrastructure for the next ten years in order to meet identified needs on Minnesota's state highways and bridges, county roads, city streets, metro and rural transit systems and local bridges; and WHEREAS, Minnesota's transportation system is failing to meet the capacity needs necessary to sustain population growth and promote economic development; and WHEREAS, congestion, inefficient transportation systems and lack of transportation choices lead to greater dependence on foreign oil, increased environmental degradation, and economic disadvantages for Minnesota's businesses and residents; and WHEREAS, many rural roads are not built to modern safety standards and are not meeting the needs of industries that depend on the ability to transport heavy loads; and WHEREAS, local cost participation requirements for trunk highway and county projects are onerous and are contributing to strains on city budgets; and WHEREAS, transportation infrastructure maintenance and improvement costs significantly contribute to rising property taxes; and WHEREAS, insufficient state funding has delayed regionally significant road construction and reconstruction projects across Minnesota; and WHEREAS, current funding for roads, bridges and transit systems across all government levels in Minnesota is inadequate, and this under -investment diminishes quality of life for Minnesota residents and hinders Minnesota's progress as a national business, economic and civic leader. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF that this Council requests that the Minnesota Legislature pass a comprehensive and balanced transportation funding package that permanently increases dedicated funding for transportation; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF that this Council requests that Governor Tim Pawlenty allow a comprehensive and balanced transportation funding package that permanently increases dedicated funding for transportation that is passed by the Legislature to become law; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF that this Council requests that a comprehensive and balanced transportation funding package be based upon multiple revenue sources, which may include but not be limited to general obligation and trunk highway bonds; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF that this Council supports funding options including, but not limited to, the following: • An increase in the gas tax; • Indexing of the gas tax, provided there is a limit on how much the tax can be increased for inflation in a given amount of time; • Increases in vehicle registration taxes (a.k.a. license tab fees); • Trunk highway bonding, provided the Legislature implements reasonable restrictions on the amount of debt service the state will incur and provided the Legislature appropriates funding to assist with local costs related to projects funded with trunk highway bonds; • General obligation bonding for local roads and bridges, particularly for roads of regional significance and to assist with local cost participation requirements pertaining to trunk highway projects; • Sales tax exemptions for state and local transportation construction projects; and • New local funding tools, such as local option sales tax authority or authority to establish street improvement districts; and BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF that this Council defines a comprehensive and balanced transportation funding package as an initiative that permanently increases dedicated funding for state and local road and transit systems in Greater Minnesota and the Metropolitan Area. ADOPTED by the _fin City Council on , , , Marty Seifert State Representative Minority Leader District 21 A Lyon and Redwood Counties February 1, 2008 1891 Walnut St Lauderdale, MN 55113-5137 Dear Jeffrey: Minnesota Q"House of _ Representatives '... "Vox Populorum Est Vox Dei" Minnesota House Republicans are actively workitic, toward finding a long-term solution for transportation funding. We'also recognize the'necd for an inimediate infusion -of cash for local bridge infrastl'ucture. We ar ; limite.d,in o, nr abilli y to Fund local' in]rastrlactute:needs as'they cannot- be, funded through,, the 'tRI—tik highway futid due to constitutional constraints. However, Iwe cannot hold.off the repair and ru-i aitertance of local bridges any longer. State lawmakers must find the_ Aids to ensure that. our tocol bridges are safe for all who drive across them. - The 2008 Capital Investment bill provides the necessary funds. We believe -that 50 percent of the, bill should be allocated to local roads and bridges. Governor Tim Pawlenty has already provided $225 million for local bridges, supported by local funds, which will fund the repair and replacement of over 600 bridges in the state. There are over $4 billion in bonding requests for a $965 million bill..Your support for bridge _ ih. '7intl Ji.! .t_et Y8ii:iie1 ll:4z ;e leiCVenie Cr bridges. It is indeed time to make transportation funding not only a priority but a reality. I encourage you to take action on the enclosed resolution and,teturn it to my office at 263 State Office Building, 100 Rev. Dr. Martin Luther King Jr. Blvd., Saint :Paul, Minnesota 55155. Please do not hesitate to contact me at 651.296-5374 if you have any questions or would like to discuss this proposal in more detail. ��'i.,r�� � . ,t.F .,,j 1 1. !. 1?L ..-.1.(Ef•. � ; ii it "�tl�!_: Representative Marty Seifert tM-innesotad—louse. Minority Leader 1113 E. Lyon St., Marshall, Minnesota 56258 State Office Building 100 Rev Dr Martin Luther King_Jr Blvd St Paul Minnesota 55155-1298 (651) 296-5374 FAX: (651) 296-3949 Email: rep.marty.seifert@house.mn (888) 234-1242 ® sic RESOLUTION A RESOLUTION PERTAINING TO RELEASING BONDS FOR TRANSPORTATION FUNDING IN MINNESOTA WHEREAS, we the undersigned elected officials of recognize that the revenue for Minnesota's transportation infrastructure has failed to keep pace with the needs of Minnesota's transportation infrastructure; and WHEREAS, Minnesota's transportation infrastructure with a particular emphasis on roads and bridges needs an immediate source of revenue for improvements, maintenance and developments; and WHEREAS, Minnesota must provide for the safety and security of those who drive on the state's roads and bridges; and WHEREAS, the Minnesota Legislature should find an acceptable, reasonable and sustainable compromise that delivers an immediate source of revenue to county roads and bridges; NOW, THEREFORE, be it resolved we hereby declare our support for a capital investment bill that spends at least 50 percent of its total on roads and bridges in Minnesota. RESOLVED, this day of PASSED by a vote of to Signed: Name: � .* r. e Title: 10, LAUDERDALE COUNCIL ACTION FORM TYPE OF REQUEST Consent ❑ Action ❑ Resolution ❑ Information ❑ Work session Fx-1 MEETING DATE February 12, 2008 AGENDA NUMBER DESCRIPTION Larpenteur and Eustis Redevelopment BACKGROUND OR PAST COUNCIL ACTION Stacie Kvliving and I met with representatives of CorVal, the parent company of NewMech to discuss their future plans as it relates to use of their site and redevelopment of the corridor. The representatives stated they are committed to relocating their operations by the end of 2009 and are committed to working with Lauderdale on redevelopment of the area. Jeff Berends will present information and preliminary ideas they have for redevelopment. MOTION BY STAFF ACTION OPTIONS STAFF RECOMMENDATION SECOND LAUDERDALE COUNCIL ACTION FORM TYPE OF REQUEST Consent ❑ Action ❑ Resolution ❑ Information ❑ Work session X MEETING DATE February 12, 2008 AGENDA NUMBER DESCRIPTION Traffic Calming_ BACKGROUND OR PAST COUNCIL ACTION I The City Council requested staff to bring a report to Council on traffic calming methods following residential concerns over perceived speeding. The report is attached. Any striping or marking on streets should be completed following the seal -coating project. MOTION BY STAFF ACTION OPTIONS STAFF RECOMMENDATION SECOND Memo To: City Council From: Brian W. Heck, City Administrator CC: Jim Bownik and Heather Butkowski Date: February 7, 2008 Re: Traffic Calming Options The City Council directed staff to prepare a brief report on methods to calm traffic on residential streets due to the perception vehicles are traveling too fast. Some of the suggestions offered during the discussion included lowering the speed on residential streets from 30 mph to 25 mph, installation of speed humps or bumps, installation of speed limit signs with digital speed indicators, painting crosswalks, installing additional stop signs, etc. Staff used the City of Falcon Heights speed cart to count traffic and evaluate speed on a few roads in the city. Staff also asked officers to watch trouble intersections and streets identified by residents. Finally, staff conducted research on what other communities are doing and have done to address the issue of speeding on local streets. I attached the full reports for your information. The balance of this memorandum will address the various alternatives and recommendations. SPEED FINDINGS The information gathered from the speed cart and from officers running radar on Eustis revealed the traveling speed is generally not excessive. Staff monitored Pleasant, Fulham, and Malvern. 80% of the vehicles traveled at less than 30 mph, the residential speed limit. The top speed recorded was 50+ and that was on Fulham. The top speed on the local residential streets was 35 mph. The top speed on Eustis was 33 mph. Officers found a larger issue is drivers rolling though or not stopping at stop signs. Several warnings and citations were issued during our evaluation period and almost all were issued to residents. One traffic calming suggestion made was to lower the speed limit on residential streets to 25 mph. The information we have indicates that most drivers on local streets are going between 25 and 28 mph. Lowering the speed limit will not increase the number of stops or citations issued nor is it believed such an action will have a significant impact on a drivers rate of speed. Furthermore, purchasing and installing speed limit signs would be a significant expense. Staff recommends not lowering the speed limit to 25 at this time. y S 9 CROSSWALK MARKINGS Marking locations where pedestrians cross the street increases awareness and attentiveness for drivers. Additionally, appropriately marked crosswalks and shoulders increase the general safety of those who walk. Most of the roads where there is a perception of excessive speed are County roads. Lauderdale has two marked crosswalks on Larpenteur Avenue. Staff will request Ramsey County restripe Roselawn and Eustis with centerline and shoulders. We will also request the County provide crosswalk markings at the following locations. • Roselawn and Fulham • Roselawn and Pleasant • Roselawn and Eustis • Repaint Fulham and Larpenteur • Repaint Larpenteur and Eustis • Eustis and Summer We will also request signage prior to the crosswalk to notify drivers. As the markings are on County Roads, we do not anticipate any cost for the markings or signage. SPEED HUMPS / SPEED BUMPS A resident suggested installing speed humps or speed bumps to reduce the speed of traffic in alleys and on the streets. Staff reviewed this option and discussed it with Chief Ohl. We concluded that if Lauderdale were to install such devices, the speed hump is preferred. The speed hump is wider and therefore does not hinder emergency vehicles in the way a speed bump does. The device is installed in the roadbed with bolts driven into the pavement. In talking with the city engineer, drilling holes in the pavement will not have a significant impact on the integrity of the road. The speed hump is removable; however, it is not necessary to remove in the winter. Snow removal is not impacted in the same manner a speed bump because of its gradual incline and wider "bump". Drainage is not impacted as the device does not extend from curb to curb. Space is left at the curb to allow for drainage and bike traffic. Speed humps have some drawbacks. These devices attract kids on bicycles who use them as `jumps" which results in more kids playing in the street. There is maintenance, installation, removal, and storage. Finally, the devices cost $500 - $800 each. Staff does not recommend the purchase and installation of speed bumps or speed humps. The results of speed monitoring do not support this method of deterrence. LAWN SIGNS Chief Ohl said St. Anthony provides neighborhood lawn signs reminding drivers of the speed limit. Residents request the signs and the department delivers them. Residents put them up for about a week and then the department collects them for distribution to other neighborhoods. I noticed similar signs in Minneapolis and St. Paul neighborhoods as well. This is a relatively inexpensive way to remind drivers to watch their speed. 0 Page 2 Staff recommends working with St. Anthony police department in establishing this program in Lauderdale. RESIDENTIAL RADAR Some communities allow residents to check out radar guns and monitor traffic on neighborhood streets. The police department trains residents in the use of the equipment and residents document vehicles that exceed the speed limit. The city then sends letters to the owners of the vehicles informing them of the speed limits and dangers of speeding on residential streets. Staff does not recommend instituting this program as we have an officer on patrol in the community and other less intensive options in terms of cost and time are available. EDUCATION Another effective method of traffic calming used by other communities is general public education and information. Lauderdale publishes a quarterly newsletter, maintains a website, and has access to local access cable television. Using these tools to provide reminders to residents of speed is inexpensive and easy to implement. Staff recommends regular reminders on traffic issues in the newsletter, on the website and local access. STOP SIGNS Some communities use stop signs as a method to slow traffic. In speaking with Chief Ohl, this does not appear to be an effective tool. Drivers tend to start rolling through stop signs causing a greater hazard. Additionally, there is the added annoyance of vehicle noise in the neighborhood. Finally, starting and stopping frequently lowers the fuel efficiency of vehicles and causes more pollution. Staff does not recommend adding stop signs as a traffic calming method. Stop signs should be considered in locations where there are accidents, the potential for accidents or where there is significant pedestrian traffic. ROADWAY DESIGN AND PARKING Some communities redesign their roads with curves as a means to slow traffic. Communities will also restrict parking to one side or eliminate parking on narrow streets to improve safety and reduce the perception vehicles are going too fast. Reconstructing our streets was done and redesigning the layout is cost prohibitive. As our streets are narrow, restricting parking makes sense. However, due to the limited off street parking options, restricting on -street parking is problematic. • Page 3 To: City Council From: Brian W. Heck, City Administrator Date: February 8, 2008 Re: Information for Closed Session Attached are documents Rand and BarbaraClaussen filed with the Court on January 31, 2008. Rand and Barbara filed an appeal to Judge Wheeler's order of December 12, 2007 stating Rand and Barbara do not have further standing or an interest in the parkland east of the Salovich property. If you recall, there is a strip of land approximately 10' wide and 30' long running east to west from Fulham to the Salovich property. Bob Alsop will go over the recent documents filed by Rand and Barbara and discuss with the council how to proceed in negotiations with Mr. Thompson, the attorney representing the family that is claiming an interest in this small strip of land. C H A R T E R E D Offices in 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis Minneapolis, MN 55402 Saint Paul (612) 337-9300 telephone (612) 337-9310 fax St. Cloud http://www.kenned)•-graven.com Affirmative Action, Equal Opportunity Employer ROBERT A. ALSOP Attorney at Law Direct Dial (612) 337-9224 Email: ralsop@kennedy-graven.com February 6, 2008 Honorable Steven D. Wheeler Ramsey County Courthouse 15 Kellogg Boulevard West Rm. 1350 St. Paul, MN 55102 Re: Rand Claussen et al. vs. City of Lauderdale, et aL Court File No. C8-00-7228 Dear Judge Wheeler: Defendant City of Lauderdale opposes Plaintiffs' Motion for Leave to Proceed In Forma Pauperis in the Court of Appeals on the following grounds: 1. Plaintiffs' motion fails to comply with the requirements of Rule 109.02 of the. Minnesota Rules of Civil Appellate Procedure. In particular, the motion does not include an affidavit establishing that Plaintiffs' annual income is below 125% of the national poverty level or a statement of the case as prescribed by Rule 133.03 showing the proposed issues to be raised on appeal. 2. Plaintiffs' proposed appeal is also frivolous and asserted in bad faith. As noted by both the Minnesota Court of Appeals as well as this Court, the interests of Rand and Barbara Claussen have been "fully and completely resolved" by the Court's prior determinations and subsequent actions by the Minnesota Court of Appeals and the Minnesota Supreme Court. Plaintiffs continue to assert arguments and claims which have been previously decided by this Court and affirmed by the appellate courts. 3. The Court's Order dated January 10, 2008, from which Plaintiffs are purportedly appealing, is not appealable pursuant to Rule 103.03 of the Minnesota Rules of Civil Appellate Procedure. Moreover, contrary to Plaintiffs' contention, the Order is not appealable pursuant to Minn. Stat. § 508.29. Plaintiffs have recently been referring to this matter as a land registration proceeding which has not been completed to their satisfaction. In actuality, Plaintiffs' Amended Complaint, which outlines the basis for this action, is a quiet title suit which sought to clarify ownership of a strip of land just north of the Claussens' parcel as well as the "gap property" located within the confines of the Claussen parcel.' The Amended Complaint did not allege any claims or ' Although the "gap property" extended across numerous parcels located south of Rose Hill Garden Lots, Claussens only claimed ownership in th6 "gap property" that extended across their parcel. 328558v1 RAA BE295-67 Honorable Steven D. Wheeler February 6, 2008 Page 2 of 2 raise any dispute related to the east or west boundaries of the Claussen parcel. The Amended Complaint also did not seek registration of Claussens' property under Chapter 508 of the Minnesota Statutes. Plaintiffs' claims under the Amended Complaint were fully litigated by the Court prior to the issuance of the Court's Order on January 10, 2008, which acknowledged Plaintiffs' lack of ongoing standing in the case. As a result, the Order is not appealable under either the Minnesota Rules of Civil Appellate Procedure or Minn. Stat. § 508.29. The proposed appeal is frivolous and completely without merit. Defendant City of Lauderdale respectfully requests that Plaintiffs' Motion for Leave to Proceed In Forma Pauperis in the Court of Appeals be denied in its entirety. Thank you for your consideration. KENNEDY & GRAVEN, CHARTERED Sincerely, Robert A. Alsop cc: Jeff Thompson Rand and Barbara Claussen Brian Heck X Mark Rossow (LMCIT # 11031879) 328558v1 RAA BE295-67 Rand and Barbara Claussen 2345 Summer Street Lauderdale, MN 55113 5141- 1/31/2008 Re,,Ramsey County District Court File #.C8-00-007228 Dear Honorable, Judge Steven D. Wheeler: We are filing an Appeal of the Order, C8-00-007228, dated January 10, 2008 for denying -us standing to participate in this laud registration proceeding: We request permission which was, granted in 20(}6 and 2007 to be renewed in 2008 for "In Forma Pauperis.Status, under Minnesota Rules of Civil Procedure, Rule 109. Minn. Stat. 508.29, states that every order is appealable in a laud registration action; Therefore, we have the right to appeal.this order. Respectfully submitted, Rand Claussen Date Barbara J. C issen Dated State of Minnesota District Court Ramsey County Judicial District: 2nd Court File #: 62-C8-00-007228 Case Type: Civil Appeals Court reference Rand Claussen, Barbara Claussen Plaintiffs Motion.for leave to VS. Proceed In Forma Pauperis in the Court of Appeals City of Lauderdale, et at, Defendants- (Ride 109) TO THE COURT; MOTION The undersigned moves the court for leave to proceed In Forma Pauperis in the Court of Appeals as follows. 1. Applicant requests that the court find that Mr. Claussen' family income is below 125% of the national poverty level, that he is proceeding in good faith, that the appeal is not frivolous, and the applicant is therefore entitled to proceed In Forma Pauperis without payment of filing fee or posting of cost bond. 2. Applicant requests that the court direct payment of the costs of preparation of a transcript of the Scheduling Conference before this honorable court on December 12, 2007 to the appropriate governing body. 3 The transcript is needed for these Pro Se appellants to have the public record of that 2007 conference as it relates to the current Order appealed from, and to understand the City of Lauderdale's stated opposition to Claussen' west line registration, in answer to the court's questions of whether any parties present objected to our west line registration, and; to understand the intent of the court's question of whether the stakes were in the ground, for which the City's answer was "yes." The city did not clarify that stakes ordered to be placed 160 feet apart were executed 157 feet apart, requiring further orders from this court regarding staking distances, or that Mr. Robert Alsop had personally inspected the staking west of the east fence after the Claussen informed the City for the second time in late September, 2007, that an error exists in the staking. 4 Applicants request that the courtdirect payment of the costs of copying the appellate briefs to the appropriate governing body. This motion is based upon the attached letter to the court, dated 1/31/2008. Zlwe RA Claussen Dated Barbara PClaussen Dated State of Minnesota Judicial District: 2nd Rand Claussen, Barbara Claussen VS. City of Lauderdale District Court Ramsey County Court File #: 62-C8-00-007228 Case Type: Civil (reference A06-358) Order for Proceeding In Forma Pauperis in the Court of Appeals (Rule 109) Upon the Motion and the attached letter of Rand and Barbara Claussen, Pro Se appellants, the Court makes the following findings of fact and Conclusion of Law: Mr. And Mrs. Claussens' claim is not frivolous, the applicants are proceeding in good faith, and applicants are found to qualify to proceed ln.Forma Pauperis because his family income is less than 125% of the national poverty level. IT IS ORDERED: The applicant may proceed in the Court of Appeals without payment of filing fee or posting of cost bond. The following costs to be paid by the proper governing body: Transcript preparation costs. Reproduction of Briefs costs. Dated: Steven D. Wheeler Judge of District Court STATE OF MINNESOTA COUNTY OF RAMSEY Rand Claussen, Barbara Claussen, Et al, Plaintiffs VIM City of Lauderdale, Minnesota; et al, New Defendant, Dennis Dolphin; New Defendant, Mary Dolphin; New Defendant, Virginia Nolan and Paul Nolan, individually and on behalf of the heirs of Moses Des Landers; and New Defendant, Julia Robinson, for Regina Iungerich Family; New Defendant, Heirs of Emeline B. Pease & Roger M. S. Pease, her husband; Defendants in Claussen' registration of land & proceedings subsequent. DISTRICT COURT SECOND JUDICIAL DISTRICT Court File No.: C8-00-007228 AFFIDAVIT OF SERVICE BY MAILING I, Rand Claussen, being sworn and under oath, state that on the 31th day of January, 2008,1 served the following documents Letter To The Honorable Steven D. Wheeler Motion for Leave to Proceed In Forma Pauperis Proposed Order upon the following defendants at their last know address sent via US Mail. Dennis and Mary Dolphin, 1881 Pleasant Street Lauderdale, MN 55113 Marilyn Salovich, Pro Se 2337 Summer Street Lauderdale, MN 55113 Barbara Claussen 2345 Summer Street Lauderdale, MN 55113 1 Julia Williams Robinson, Ph.D Professor, Department of Architecture University of Minnesota 89 Church Street, SE Minneapolis, MN 55455 ( Not found) Mr. Tom Pease Grandson of Emeline B. Pease Jeffrey C. Thompson, #22590.3 Howse & Thompson, PA 3189 Fembrook Lane Plymouth, MN 55447 763-577-0150 Robert A. Alsop, #174324 Kennedy & Graven, Chartered 470 Pillsbury Center 200 South Sixth Street Minneapolis, MN 55402 612-337-9300 4A �H Date: January, 2008 Rand D. Claussen, Pro Se 2345 Summer Street Lauderdale, MN 55113 651-647-1139 Subscribed before Wile This V!day of January, 2008 2 JENNIFER LYNN JOHNSON Notary Public, State of Minnesota My Commission Expires January 31, 2012