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HomeMy WebLinkAbout09-14-2009El C. Q E. MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, September 14, 2009 Council Chambers, City Hall Meeting No. 18-09 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30 p.m. by Mayor Longrie. PLEDGE OF ALLEGIANCE ROLL CALL Diana Longrie, Mayor Present Erik Hjelle, Councilmember Present Kathleen Juenemann, Councilmember Present John Nephew, Councilmember Present Will Rossbach, Councilmember Present APPROVAL OF AGENDA The following items were added or removed from the agenda. 11. Moment of Silence — Councilmember Juenemann H1. Campaign Letters — Councilmember Hjelle H2. N.E.S.T. commission report — Councilmember Rossbach Councilmember Hjelle requested to remove agenda item L5 Deposition In Gearin vs. Maplewood from the agenda Mayor Longrie moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes — All The motion passed. APPROVAL OF MINUTES Approval of August 24, 2009, City Council Meeting Minutes Councilmember Nephew had a correction on packet page 8 of 131 or page 6, inside the resolution the vote shows Ayes -All but it should be reflected that Mayor Longrie voted Nay. Councilmember Nephew moved to approve the August 24, 2009, City Council Meeting Minutes as amended. Seconded by Councilmember Juenemann. Ayes — All The motion passed. Approval of August 31, 2009, Special Council Meeting Minutes September 14, 2009 City Council Meeting Minutes F. 9 Councilmember Nephew moved to approve the August 31, 2009, Special Council Meeting Minutes as submitted. Seconded by Mayor Longrie. The motion passed. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew & Rossbach Abstain — Councilmember Hjelle Approval of August 31, 2009, Council Workshop Meeting Minutes Councilmember Juenemann moved to approve the August 31, 2009, Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Rossbach. The motion passed. VISITOR PRESENTATIONS — PART I Ayes — Mayor Longrie Abstentions — Councilmember Hjelle & Nephew 1. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling discussed articles in the Maplewood Monthly and said there are too many parks already in Maplewood and the city doesn't have money to buy another park such as Gethsemane. 2. Jason Schuller, 2360 Timber Avenue, Maplewood. Mr. Schuller spoke of the Mayor's forum where Mayoral candidates had the opportunity to speak. He also mentioned the wood smoke task force. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick talked about the litigation regarding Gearin vs. Maplewood. He also discussed City of Maplewood employees mislead the judge and he wondered what the consequences would be for that. 4. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff spoke about the Mayor's Forum at St. John's Hospital and discussed things that were brought up by Mayoral candidates. 5. Pat Downs, 992 Marnie Street South, Maplewood. Mr. Down spoke about the primary election and the code of ethics along with the candidates. ADMINISTRATIVE PRESENTATIONS 1. Clarify Start Time of City Council Manager Review Session Meeting — September 17, 2009, 5:05 p.m. Topic: Performance Review — City Manager a. City Manager, James Antonen gave specifics of the start time of the two council meetings. H. COUNCIL PRESENTATIONS September 14, 2009 City Council Meeting Minutes 2 1. Campaign Letters — Councilmember Hjelle discussed campaign material he received in the mail which he felt had attacked another individual running for office in the city of Maplewood. Councilmember Hjelle passed the material along to Maplewood Police Chief, Dave Thomalla to investigate where the campaign literature originated from. 2. N.E.S.T. Commission Report — Councilmember Rossbach reported on the N.E.S.T. meeting Thursday, September 10, 2009. He explained the service N.E.S.T. provides and said the Metropolitan Council is taking over the N.E.S.T. program. Councilmember Rossbach will provide further information at a later date. APPOINTMENTS AND PRESENTATIONS 1. Moment of Silence. Councilmember Juenemann requested that a moment of silence be recognized by the city council for North St. Paul police officer, Richard Crittenden that was killed in the line of duty on Labor Day. a. Maplewood Police Officer, Dave Thomalla gave an update on Maplewood Police Officer, Julie Olson that was injured in the line of duty. J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS 1. Conditional Use Permit Review —Sandy Lake Materials Storage and Recycling, County Road B West of 1-35E a. Senior Planner, Tom Ekstrand gave specifics of the report and answered questions of the council. b. Deputy Public Works Director, City Engineer, Michael Thomson answered questions of the council. c. City Attorney, Alan Kantrud answered questions of the council. d. City Manager, James Antonen answered questions of the council. e. Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. f. John Blackstone, Project Engineer for Ramsey County for the Sandy Lake Materials Storage and Recycling, answered questions of the council. g. Brad Isles, Engineering Manager for the Sandy Lake Materials Storage and Recycling, answered questions of the council. Mayor Longrie asked if anyone wanted to address the council. 1. Taylor Smith, 111 Skillman Avenue, Maplewood. 2. Cheryl Babin, 150 County Road B East, Maplewood. 3. Emanuel King, 170 County Road B East, Maplewood. 4. John Hackman, 2011 Jackson Street, Maplewood. 5. Joseph Palumbo, 176 Skillman Avenue, Maplewood. 6. Easten Hance, 176 County Road B East, Maplewood. 7. Carolyn Peterson, 1801 Gervais Avenue, Maplewood. Ms. Peterson said she used to live at 1999 Jackson Street, Maplewood. She said her grandson Chris Peterson sent an email to the council which Mayor Longrie presented to the council. She said her grandson is buying her previous home. 8. Leo McCormick, 130 County Road B East, Maplewood. 9. Bob Zick, 2515 White Bear Avenue, Maplewood. 10. Wayne Christiansen, 140 County Road B East, Maplewood. September 14, 2009 3 City Council Meeting Minutes Mayor Longrie moved that the city council pass a resolution which should read: We the Maplewood city council hereby determine and resolve that based upon the public testimony here today September 14, 2009, that construction activity including vibration, noise, and dust generated during any time other than that of Monday through Friday 8:00 a.m. to 5:00 p.m. is hereby a public nuisance under the city ordinances. Seconded by Councilmember Nephew. Mayor Longrie revised the motion when the city modifies the conditional use permit immediately and during this interim time period, we the Maplewood city council hereby determine and resolve that based upon the public testimony September 14, 2009, that the construction activity be limited to Monday through Friday between the hours of 8:00 a.m. to 5 p.m. Mayor Longrie said as a matter of record for findings of fact conditions having to do with excessive noise outside of the hours of operation are noise vibration, dust generation and other activities that have been detrimental to the neighborhood and the surrounding properties. Seconded by Councilmember Nephew. Ayes — All The motion passed. Councilmember Nephew moved to call for a Public Hearing for October 12, 2009, to consider a revision to the conditional use permit for the Sandy Lake Materials Storage and Recycling, County Road B West of 1-35E. Seconded by Mayor Longrie. Ayes — All The motion passed. The council took a recess. The council reconvened. 2. Consider Approval of Proposed Maximum Tax Levy Payable in 2010 a. City Manager, James Antonen, introduced the item. b. Assistant City Manager, Public Works Director, Chuck Ahl gave specifics of the report. c. Deputy Public Works Director, City Engineer, Michael Thompson answered questions of the council. d. Community Development and Parks Director, DuWayne Konewko answered questions of the council. e. Finance Director, Bob Mittet answered questions of the council. Mayor Longrie asked if anyone wanted to address the council. 1. Bob Zick, 2515 White Bear Avenue, Maplewood. 2. Ralph Sletten, 2747 Clarence Street North, Maplewood. 3. Ken Smart, 940 Bartelmy Lane, Maplewood. 4. Dave Schilling, 1955 Greenbrier Street, Maplewood. 5. John Wykoff, 2345 Maryland Avenue East, Maplewood. 6. Mark Jenkins, 830 New Century Boulevard South, Maplewood. September 14, 2009 4 City Council Meeting Minutes Mayor Longrie moved to approve the resolution that establishes the maximum levy for 2009 Payable in 2010 at $44-9-69-44 $15,546,450 as it was for 2007 and 2008. whi^ -c I r,4 RgeRt 90t09R This 90toOR POPO lidos Oho mr,s4 FleWihilitY ih addFossirin QtY Reeds -Ar rl n -Ari h rpd. -nor! �s hi -rino4 r�isn- -ssinns w0th Oho v�rin- -s r7on�r4moAts nnn- -r r♦- -rine Oho novo 2 mnn4hs Seconded by Councilmember Hjelle. The motion failed. Ayes – Mayor Longrie, Councilmember Hjelle Nays – Councilmembers Juenemann, Nephew & Rossbach Councilmember Rossbach moved to approve the maximum levy for 2009 payable in 2010 at a 5% maximum increase. RESOLUTION 09-09-250 PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2010 WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy for 2009 payable in 2010 by September 15, 2009, and WHEREAS, the City Council has reviewed preliminary information on the Proposed Tax Levy by fund and has determined the amount of the proposed tax levy payable in 2010 which is the maximum amount that will be levied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THAT the proposed tax levy for 2009 payable in 2010 in the amount of $16,670,046 is hereby approved and shall be certified to the Ramsey County Auditor. Seconded by Councilmember Nephew. The motion passed. Ayes – Councilmembers Juenemann, Nephew & Rossbach Nays – Mayor Longrie, Councilmember Hjelle Councilmember Nephew moved to continue the council meeting after the curfew in order to complete items K3, L2, and the Consent Agenda. Agenda items K4, L1, L3, and L4 to be continued at the next council meeting of September 28, 2009. Seconded by Councilmember Rossbach. Ayes – All The motion passed. 3. Set Public Hearing Dates On Proposed 2010 Budget And Property Tax Levy a. Finance Director, Bob Mittet gave specifics of the report. September 14, 2009 5 City Council Meeting Minutes Councilmember Nephew moved to approve the City's 2010 Budget and Tax Levy Hearing (formerly referred to as the Truth in Taxation Hearing) on Monday, December 7, 2009, at 7:00 p.m. as part of a Special City Council Meeting. Seconded by Mayor Longrie. The motion passed. Ayes — All 4. Clarification Of City Actions Regarding Violations Of City Ordinance — Councilmember Hjelle (To be continued at the September 28, 2009, council meeting) 5. Councilmember Rossbach Deposition in Gearin vs. Maplewood —Councilmember Hjelle (Removed from the agenda by Councilmember Hjelle) L. NEW BUSINESS 1. Hills & Dales Area Street Improvements, Project 09-15, Resolution Adjusting Project Scope (add Howard/Ripley area) and Adjusting Budget for the Preparation of the Feasibility Study (To be continued at the September 28, 2009, council meeting) 2. Sidewalk Improvement (English Street south of Burke Circle), Project 09-17, Resolution Ordering Work to be done by Day Labor a. Deputy Public Works Director, City Engineer, Michael Thompson gave specifics of the report. Councilmember Nephew moved to approve the resolution ordering work to be done by day labor for the sidewalk improvement (Enalish Street south of Burke Circle). Citv Proiect 09-17. RESOLUTION 09-09-251 ORDER WORK TO BE DONE BY DAY LABOR WHEREAS, on this 14th day of September 2009, the city engineer has presented plans and specifications for the Sidewalk Improvement (English Street south of Burke Circle), City Project 09-17, AND WHEREAS adoption of the resolution ordering work to be done by day labor shall signify approval of plans and specifications, AND WHEREAS, the estimated cost of such improvement does not exceed $25,000, and is currently estimated at $5,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1. The city engineer shall proceed under the direction of the council, as given from time to time, to carry on all work in connection with such improvement in accordance with the plans and specifications herein approved. September 14, 2009 6 City Council Meeting Minutes 2. The finance director is hereby authorized to transfer $5,000 into the Street Maintenance budget 101-502-000-4180 from excess G.O. Improvement funds in City Project 07-19, in order to complete the sidewalk improvement. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Approval of City Purchase of Tax Forfeiture Property, Kingston Avenue and Desoto Street (To be continued at the September 28, 2009, council meeting) 4. Council Affirmation of Not Cutting Police and Fire Department Staffing and to Maintain Full Staff Levels — Councilmember Hjelle (To be continued at the September 28, 2009, council meeting) M. CONSENT AGENDA 1. Councilmember Nephew moved to approve items 1 -3 and 6-8. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 2. Mayor Longrie moved to approve item 4. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 3. Councilmember Juenemann moved to approve item 5. Seconded by Councilmember Nephew. The motion passed. 1. Approval of Claims Councilmember Nephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 1,187,017.10 Checks # 79154 thru # 79204 Dated 08/14/09 thru 08/25/09 Ayes — All $ 128,922.65 Disbursements via debits to checking account Dated 08/14/09 thru 08/20/09 $ 255,935.50 Checks # 79205 thru # 79274 Dated 08/26/09 thru 09/01/09 $ 323,980.23 Disbursements via debits to checking account Dated 08/21/09 thru 08/27/09 September 14, 2009 7 City Council Meeting Minutes $ 339,451.34 Checks # 79275 thru #79330 Dated 08/31/09 thru 09/09/09 $ 154,819.48 Disbursements via debits to checking account Dated 08/28/09 thru 09/04/09 $ 2,390,126.30 Total Accounts Payable PAYROLL $ 505,223.85 Payroll Checks and Direct Deposits dated 08/21/09 $ 2,129.75 Payroll Deduction check #1007594 thru #1007596 dated 08/21/09 $ 493,309.10 Payroll Checks and Direct Deposits dated 09/04/09 $ 2,129.75 Payroll Deduction Check #1007640 thru #1007641 Dated 09/04/09 $ 1, 002, 792.45 Total Payroll 3.392.918.75 GRAND TOTAL Seconded by Councilmember Juenemann. The motion passed. Ayes — All 2. Carsgrove Meadows Area Street Improvements, Project 08-10, Resolution Directing Modification of Existing Construction Contract, Change Order No. 2 Councilmember Nephew moved to approve resolution directing modification of existing construction contract, change order no. 2, for city project 08-10. RESOLUTION 09-09-252 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 08-10, CHANGE ORDER NO.2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 08-10, Carsgrove Meadows Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 08-10, Change Order No.2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No.2 in the amount of $135,500.00. The revised contract amount is $1,984,306.90. Seconded by Councilmember Juenemann. Ayes — All September 14, 2009 8 City Council Meeting Minutes The motion passed. 3. White Bear Avenue Improvements, Project 08-13, Resolution Approving No Parking on White Bear Avenue and County Road D Councilmember Nephew moved to approve the resolution adopting No Parking restrictions on both sides of White Bear Aenue between County Road D and Radatz Avenue, and both sides of County Road D between Flandrau Street and White Bear Avenue. RESOLUTION 09-09-253 "NO PARKING" RESTRICTIONS WHITE BEAR AVENUE (COUNTY RD D — RADATZ AVE) COUNTY RD D (FLANDRAU ST —WHITE BEAR AVE) WHEREAS, the City Council ordered the project improvements for the White Bear Avenue Improvements, City Project 08-13 on December 15th , 2008; and WHEREAS, the Municipal State Aid funds will be expended on the improvement White Bear Avenue and County Road D; and WHEREAS, the segment of said improvement does not conform to the approved State Aid standard for unrestricted parking; and WHEREAS, release of MSA funds is dependent on specified parking restrictions. NOW, THEREFORE, IT IS HEREBY RESOLVED that, 1) The City of Maplewood shall ban the parking of motor vehicles on both sides of White Bear Avenue between County Road D and Radatz Avenue. 2) The City of Maplewood shall ban the parking of motor vehicles on both sides of County Road D between Flandrau Street and White Bear Avenue. Dated this 14th day of September, 2009. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 4. Resolution Accepting Donation to Volunteers in Police Service (VIPS) Program a. Maplewood Police Chief, Dave Thomalla gave the specifics of the report. Mayor Longrie moved to approve the resolution for the donation from the Qwest Foundation for their employee's participation in the Maplewood Police Department Volunteers in Police Service program. RESOLUTION 09-09-254 AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor's terms if so -prescribed, and; September 14, 2009 9 City Council Meeting Minutes WHEREAS, the Qwest Foundation wishes to grant the City of Maplewood the following: $500, and; WHEREAS, the Qwest Foundation has instructed that the City will be required to use the aforementioned for: the Maplewood Police Department Volunteers in Police Service (VIPS) program, and; WHEREAS, the City of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four-fifths majority of its governing body's membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four-fifths or more majority vote of its membership on September 14, 2009. Signed: Signed: Witnessed: (Signature) (Signature) (Signature) Mayor Chief of Police City Clerk (Title) (Title) (Title) ( Date) ( Date) Seconded by Councilmember Juenemann. The motion passed. ( Date) Ayes — All 5. Resolution Authorizing Execution of Agreement — Safe & Sober Communities Grant a. Maplewood Police Chief, Dave Thomalla gave specifics of the report. Councilmember Juenemann moved to approve the resolution authorizing execution of agreement for the safe and sober communities from October 1, 2009 through September 30, 2010. RESOLUTION 09-09-255 AUTHORIZING EXECUTION OF AGREEMENT Be it resolved that the Maplewood Police Department enter into a grant agreement with the Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled SAFE & SOBER COMMUNITIES during the period from October 1, 2009, through September 30, 2010. September 14, 2009 10 City Council Meeting Minutes The Chief of Police of the Maplewood Police Department is hereby authorized to execute such agreements and amendments as are necessary to implement the project on behalf of the Maplewood Police Department. Be it further resolved that the Sheriff of Ramsey County is hereby authorized to be the fiscal agent and administer this grant on behalf of the Maplewood Police Department. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on September 14, 2009. (Date Passed) SIGNED: (Signature) WITNESSETH: (Signature) Mayor City Clerk (Title) (Title) (Date) (Date) Seconded by Councilmember Nephew. Ayes — All The motion passed. 6. Approval of Temporary Gambling Permit — North Star Chapter BCCA Councilmember Nephew moved to approve the lawful gambling resolution application for the North Star Chapter BCCA. RESOLUTION 09-09-256 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the North Star Chapter BCCA (Brewery Collectible Club of America), 1060 McKnight Road, to be used on October 10, 2009 at Aldrich Arena, 1850 White Bear Avenue. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Juenemann. Ayes — All The motion passed. September 14, 2009 11 City Council Meeting Minutes 7. Conditional Use Permit Review —St. Paul's Monastery, 2675 Larpenteur Avenue East Councilmember Nephew moved to approve the conditional use permit review for St. Paul's Monastery, 2675 Larpenteur Avenue East and shall be reviewed again in one year. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 8. Conditional Use Permit Review — St. John's Hospital, 1575 Beam Avenue Councilmember Nephew moved to approve the conditional use permit review for St. John's Hospital, 1575 Beam Avenue, and shall be reviewed again in one year. Seconded by Councilmember Juenemann. Ayes — All The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART II None. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 11:30 p.m. September 14, 2009 12 City Council Meeting Minutes For The Permanent Record Meeting Date: 1 • �7+ d9 Agenda Item#: — i September 14, 2009 Maplewood City Hall Meeting The very first time I called City Hall to inquire what was going on back of our homes, I was told "nothing's going on." It didn't take long before we questioned again and again. As the dike grew higher, the city finally gave us a lame reason for it – never telling the full story that would eventually unfold. I have lived in my home for 30+ years. Over the ,years we have seen a lake turned into a dike and then filled in. We have had truck traffic hauling materials in and out of "Sandy Lake" for some time now. There was talk of a soccer field being built there. We were all relieved when we learned that would not happen, as it would have brought a large volume of traffic into our back yards. Then, to and behold, a "crusher" became an unwelcome addition to our• neighborhood. This generates noise and vibration to the ground around us. When all the dirt on County Road B (because of the constant "hauling") was addressed, a street cleaner was brought in to keep County Road B somewhat free of the additional dirt as the trucks continued their hauling. The street cleaner droned for what seemed like hours as it performed its duty. It was noisy, and the vibration was very obvious within my home. My porch has shifted away from the rest of the house, the slab in my garage has cracked in 3 different areas, and the stucco ou the outside of my house has cracks in it. I actually had air conditioning installed in my home because I was tired of all the grit that came into my home – and into my bedrooms. Sharell Rabin 150 East County Road B Maplewood MN 55117-1929 651.489.8621 For The Permanent Record s J Meeting Date: Jim Antonen Agenda Item#: From: Chris Peterson [rpgfilms@gmail.com] Sent: Monday, September 14, 2009 2:56 PM C�-Ot GIP To: Jim Antonen; council@ci.maplewood.mn.us Cc: Carolyn Peterson Subject: The Topic of Conditional Use Hello, My name is Chris Peterson and I reside at 1999 Jackson Street. My property backups up to the Saint Paul Water utility facility known as Sandy Lake. I had planned on coming tonight to give my take or input on what goes on back there however I will be unable to make it due to some last minute events. I wanted to express my concerns anyway, and I hope this email finds the right target. I have lived in my home since summer of 2002 and during this period of time I have reported on numerous occasions to either Maplewood City Council members, the water utility themselves, and even Maplewood Police. I don't want to rehash every incident but the most recent antics have really gone to far. I have asked on numerous occasions for them to stop allowing the truck drivers to let their tailgates slam repeatedly after dumping their loads, yet this behavior continues. Not only does it cause obnoxious noise pollution in our neighborhood you can actually feel the impacts in your homes and I have been told it is completely unnecessary. I have asked on numerous occasions for the truck drivers to stop driving on the road directly behind my home as the speed in which they go through there is very fast and it causes a lot of vibration in our homes as they pass by. The conditional permit requires them to use the County B access road however on multiple occasions I will be out in my backyard and hear the high pitched whine of their diesel engines as they race across the Roselawn entrance access road in light blue trucks, make the swing up the middle road and take a left to head off towards the current construction zone. Regardless if these are SPWW employees or if they are the contractors which were hired for the job, it is not acceptable. I also would like to discuss the contractor who is doing the work. During the morning hours they frequently charge yellow lights at the intersection of Rice and B. On several occasions I will be at the light to see a red semi with a yellow sidumper make a left after coming off the freeway as the light is yellow. They only are able to get their cab 1/2 way through the intersection before the lights turn green to allow rice street traffic to pass. I find this again unacceptable. I see other trucks make the illegal right hand turn onto Rice Street from County B to enter onto the free way going west on 36. I also feel this is unacceptable. My final comment about the construction project has me speaking out on behalf of a neighbor of Maplewood. This would be St. Jude Medical which is located on County B. I know several people who work there that complained about the massive amounts of mud, dust and dirt that is due to the project. The dirt on the road turns to thick mud and their cars frequently have a light coating of dust/grit on them during windy/dry days. I find it unacceptable that dozens and potentially hundreds of people are being negatively impacted that are just trying to get to their jobs. Nobody wants their property treated like that. All this compounds into a history of the SPWW being what I would call a "bad neighbor". I worked for SPWW one summer cutting grass and I know that people over there care about what they do and their jobs. However, all to often it seems that common sense is being thrown out the window to address some other problem which has been deemed more important then the citizens of my neighborhood. This in my opinion needs to stop. I fail to see why SPWW are unable to be proactive about things that need to be done and have open lines of communication with us. I fail to see why these events need to be escalated to City Council as they are right now, and I fail to see why when that fails I need to call Maplewood Police to get it to stop. I fail to see why there has to be such a battle between the two parties and why when we do complain promises are made to have it stop yet a few months go by and it happens again. It is like they know they will get a certain number of complaint calls, but they will be 1/2 way through the work when the number gets high enough and by the time we see results that project or crisis is over. I would like to explain that last statement briefly. A few years ago late at night someone would come into the SPWW off Roselawn and leave their semi idling while they used a loader and some device that caused our home to shake terribly. This was not at 6 or 7pm this was at l 1pm and later, on work nights. I ended up driving my car to the gate and parking it there while we waited for Maplewood police to show up. I was given the reason of a water main break on Summit Ave as the reason why this was going on and they needed fill. I was told there were other locations where they could get the materials from but it would take longer and be more expensive. This proved to me exactly to what I was speaking of before. SPWW sacrifices the people of my neighborhood to appease other projects. They have been doing this off and on, but mostly on for the past 30 years. It is time to hold them accountable for their actions and broken promises. I hope my letter gives you some insight as to my displeasure. Thank you for your time, Chris Peterson Homeowner/Block Captain 1999 Jackson Street