HomeMy WebLinkAbout05-28-2009Q
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MINUTES
MAPLEWOOD CITY COUNCIL
6:30 p.m., Monday, May 28, 2009
Council Chambers, City Hall
Meeting No. 11-09
CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 6:40 p.m. by Mayor Longrie.
PLEDGE OF ALLEGIANCE
ROLL CALL
Diana Longrie, Mayor
Erik Hjelle, Councilmember
Kathleen Juenemann, Councilmember
John Nephew, Councilmember
Will Rossbach, Councilmember
APPROVAL OF AGENDA
Present
Present
Present until 10:55 p.m.
Present
Present
Councilmember Hjelle recommended moving item 1-6. in between Public Hearings and Unfinished
Business.
Mayor Longrie added item H4. Park & Recreation Commission Meeting.
Councilmember Nephew moved to approve the agenda as amended.
Seconded by Mayor Longrie.
The motion passed.
APPROVAL OF MINUTES
Ayes — All
Approval of the May 4, 2009, City Council Workshop Minutes.
Councilmember Juenemann moved to approve the May 4, 2009, City Council Workshop Minutes
as suhmitted
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
Approval of the May 11, 2009, Special City Council Minutes
Councilmember Juenemann had a correction that she was absent from the May 11, 2009,
Special Council Meeting and it should be noted correctly.
Councilmember Nephew moved to approve the May 11, 2009, Special City Council Minutes as
amended.
May 28, 2009
City Council Meeting Minutes
Seconded by Councilmember Rossbach.
The motion passed.
Ayes — Mayor Longrie,
Councilmembers Hjelle,
Nephew & Rossbach
Abstain —Councilmember Juenemann
Approval of the May 11, 2009, City Council Meeting Minutes
Councilmember Nephew had corrections to page 1, approval of minutes for April 27, 2009, it
should be minutes approved as submitted not as amended.
Page 4, item 3. Councilmember Hjelle abstained instead of voted Nay.
Councilmember Juenemann had a correction to page 4, item 2 a. 1. it should say Deputy Chief
Dave Kvam not Lieutenant Dave Kwam.
Councilmember Nephew moved to approve the May 11, 2009, City Council Meeting Minutes as
amended.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed.
F. VISITOR PRESENTATIONS — PART I
Frederica Musgrave, 1949 Greenbrier Street North, Maplewood. Ms. Musgrave was
concerned that the Sletten family had not received information in a timely manner
regarding a CUP for a particular property. Ms. Musgrave stated she felt the city council
was not receiving complete information to make informed decisions on items during the
council meeting such as for the 2030 Comprehensive Plan and the Resolution of Support
for Environment and Natural Resources Trust Fund.
2. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick discussed Tax Value
Arbitration. Reduction of the tax value which equals hundreds of thousands of dollars
money the city has to pay back. Mr. Zick discussed the spending at the city, promotions,
and lack of reduction in spending. He asked if the city has a CUP for the homeless shelter
on Frost Avenue and White Bear Avenue. He asked why people are sleeping in the
community rooms at local churches when the city has a facility that was designed and
built for that purpose.
3. Dave Schilling, 1955 Greenbrier Street, Maplewood. Mr. Schilling asked how much salt
the city was buying for next winter. He asked how many unmarked police cars the city
has. Mr. Schilling read some headlines and articles from the local newspaper and
discussed issues pertaining to those articles.
4. John Wykoff, 2345 Maryland Avenue East, Maplewood. Mr. Wykoff said 52% of residents
are unhappy with the way the city is being run and people feel they are losing their
property rights. Mr. Wykoff said people are paying the highest property taxes than any
other city in the metropolitan area.
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G. ADMINISTRATIVE PRESENTATIONS (Carried over until June 1, 2009)
Six -Month Review of Stargate Dance Club
H. COUNCIL PRESENTATIONS (Carried over until June 1, 2009.)
1. N.E.S.T. Report — Councilmember Rossbach
2. Web Casting and Cable Commission Update — Councilmember Nephew
3. 1-94 Corridor Meeting — Mayor Longrie
4. Commission Packets — Mayor Longrie
5. North St. Paul Newsletter— Mayor Longrie
APPOINTMENTS AND PRESENTATIONS
None.
J. PUBLIC HEARINGS
1. Carsgrove Meadows Area Street Improvements, Project 08-10
a. Assessment Hearing 7:00 p.m.
b. Resolution Adopting Assessment Roll
C. Resolution Receiving Bids and Awarding Construction Contract
i. City Engineer, Deputy Public Works Director, Michael Thompson gave the
specifics of the report and answered questions of the council.
ii. Assistant City Engineer, Public Works Director, Chuck Ahl answered
questions of the council.
Mayor Longrie opened the public hearing.
1. Dave Anderson, 964 Connor Avenue East, Maplewood.
2. Paul Christian, 921 Connor Avenue East, Maplewood.
3. Thomas Lindskog, 970 Connor Avenue East, Maplewood.
4. Mike Santoro, 874 Connor Court East, Maplewood.
5. Anna Rabcevich, 873 Connor Court East, Maplewood. (Spoke twice)
6. Heidi Severson, 926 Palm Circle East, Maplewood.
7. John Wieremann, 955 Brooks Court East, Maplewood. (Spoke twice)
8. Cha Tou Thau, 2571 Cypress Street North, Maplewood.
9. Bill Severs, 2451 Forest North, Maplewood.
10. Bill Sheehan, 913 Connor Court, Maplewood.
Mayor Longrie closed the public hearing.
Councilmember Nephew moved to approve the resolutions adopting the assessment roll and the
resolution receiving bids and awarding the construction contract for the Carsgrove Meadows Area
Street Improvements, Project 08-10. Less the objections noted and those added this evening
during the public hearing
RESOLUTION 09-05-179
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
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City Council Meeting Minutes
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Miller Excavating, Inc., which includes the base bid plus bid alternate #1, in the amount of
$1,816,784.00 is the lowest responsible bid for the construction of Carsgrove Meadows Area
Street Improvements — City Project 08-10, and the mayor and clerk are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of the city.
The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project.
Adopted by the council on this 28th day of May, 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed
Councilmember Nephew moved to approve the resolutions adopting the assessment roll and the
resolution receiving bids and awarding the construction contract for the Carsgrove Meadows Area
Street Improvements, Project 08-10.
RESOLUTION 09-05-180
RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the
bid of Miller Excavating, Inc., which includes the base bid plus bid alternate #1, in the amount of
$1,816,784.00 is the lowest responsible bid for the construction of Carsgrove Meadows Area
Street Improvements — City Project 08-10, and the mayor and clerk are hereby authorized and
directed to enter into a contract with said bidder for and on behalf of the city.
The finance director is hereby authorized to make the financial transfers necessary to
implement the financing plan for the project.
Adopted by the council on this 28th day of May, 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
RESOLUTION 09-05-181
ADOPTING ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 11, 2009, calling
for a Public Hearing, the assessment roll for the Carsgrove Meadows Area Street Improvements,
City Project 08-10, was presented in a Public Hearing format, pursuant to Minnesota Statutes,
Chapter 429, and
WHEREAS, the following property owners have filed objections to their assessments
according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
a. Parcel 09.29.22.21.0009 — Dorothy Heckmann; 2579 Cypress Street N
It is currently proposed that the property be assessed for 2 units (street and storm sewer)
since it currently consists of 1 undeveloped residential lot and 1 developed residential lot.
May 28, 2009 4
City Council Meeting Minutes
Ms. Heckmann is requesting that the assessment for the undeveloped residential lot be
deferred based on that there are no plans to develop the lot.
b. Parcel 09.29.22.21.0010 — Cha Tou Thao; 2571 Cypress Street N
It is currently proposed that the property be assessed for 1 unit (street and storm sewer).
Mr. Cha Tou Thao is objecting to the assessment of the property due to financial hardship
and does not believe the street reconstruction is warranted at this time.
c. Parcel 09.29.22.22.0042 — Flete W. Gray; 2585 Forest Street N
It is currently proposed that the property be assessed for 1 unit (street and storm sewer).
Mr. Gray is objecting to the assessment of the property and requesting a revision of
assessment. Mr. Gray states that in the summer/fall of 2007 the City of Maplewood came
into his backyard to fix the existing storm sewer line that runs through his back yard. The
city extended the existing storm sewer line and filled in the existing ditch. Mr. Gray does
not believe he should be assessed for the inspection of the storm sewer that is 2 years
old. Mr. Gray is requesting a revision of the assessment to exclude the storm sewer
assessment.
d. Parcel 09.29.22.21.0051 — William G. Goff 11; 1000 County Road C East
It is currently proposed that the property be assessed for 1 unit (street and storm). Mr.
Goff is objecting to the assessment of the property and requesting cancellation of the
assessment. Mr. Goff states that the property was previously assessed for street
improvements on County Road C East and should not be assessed twice as it would
cause a financial hardship. Mr. Goff states he has been out of work for 6 months.
e. Parcel 09.29.22.21.0032 — Hoa B Tieng; 967 Connor Avenue E
It is currently proposed that the property be assessed for 1 unit (street and storm sewer).
Mr. Hoa B Tieng is objecting to the assessment of the property and requesting deferral of
assessment. Mr. Hoa B Tieng states that the cost is to expensive for homeowners and
that the city will also benefit from the improvements and should carry some if not all of the
costs.
f. Parcel 09.29.22.22.0014 — William S. Halloran; 821 Palm Court E
It is currently proposed that the property be assessed for 1 unit (street and storm sewer).
Mr. Halloran is objecting to the assessment of the property and requesting deferral of
assessment. Currently the property is undeveloped and Mr. Halloran states that there are
no plans to build on the property.
g. Parcel 09.29.22.23.0025 — Willam J Sievers; 0 Forest Street E
It is currently proposed that the property be assessed for 1 unit (street and storm). Mr.
Sievers is objecting to the assessment of the property and requesting deferral of
assessment. Currently the property is undeveloped and Mr. Sievers states that there are
no plans to improve the property.
h. Parcel 09.29.22.22.0028 — Anna Rabcevich; 873 Connor Court E
It is currently proposed that the property be assessed for 1 unit (street and storm). Ms.
Rabcevich is objecting to the assessment of the property and requesting a revision of
assessment. Ms. Rabcevich states that city taxes should be used to pay for the roads,
that the city should save up money before starting road reconstruction, and for the past 20
years there has been limited, poor conservation and maintenance of the roads. Ms
Rabcevich states that she is a semi -retired widow with a son in college.
Parcel 09.29.22.22.0035 — Heidi Severson; 926 Palm Circle
It is currently proposed that the property be assessed for 1 unit (street and storm). Ms.
Severson is objecting to the assessment of the property and requesting a revision of
assessment. Ms. Severson state that the assessment is too much, that they are paying
May 28, 2009 5
City Council Meeting Minutes
some of the highest taxes in Maplewood, the property is one of the smallest lots in the
subdivision, and that the assessment should be reduced or made free.
Parcel 09.29.22.22.0032 — Willam Sheahan; 913 Connor Court E
It is currently proposed that the proposed be assessed for 1 unit (street and storm). Mr.
Sheadhan is requesting clarification if the assessment cost includes restoration after the
construction and if there are any provisions for wheelchair accessibility.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
1. That the City Engineer and City Clerk are hereby instructed to review the objections received and
report to the City Council at the regular meeting on June 8, 2009, as to their recommendations for
adjustments.
2. The assessment roll for the Carsgrove Meadows Area Street Improvements as amended, without
those property owners' assessments that have filed objections, a copy of which is attached hereto
and made a part hereof, is hereby adopted. Said assessment roll shall constitute the special
assessment against the lands named therein, and each tract of land therein included is hereby
found to be benefited by the proposed improvement in the amount of the assessment levied
against it.
3. Such assessments shall be payable in equal annual installments extending over a period of 15
years, the first installments to be payable on or before the first Monday in January 2010 and shall
bear interest at the rate of 6.0 percent per annum for the date of the adoption of this assessment
resolution. To the first installment shall be added interest on the entire assessment from the date
of this resolution until December 31, 2009. To each subsequent installment when due shall be
added interest for one year on all unpaid installments.
4. The owner of any property so assessed may, at any time prior to certification of the assessment
to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on such
property, with interest accrued to the date of the payment, to the city clerk, except that no interest
shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire
amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in
which such payment is made. Such payment must be made before October 15 or interest will be
charged through December 31 of the next succeeding year.
5. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than October 15,
2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the
property tax lists of the county. Such assessments shall be collected and paid over the same
manner as other municipal taxes.
Adopted by the council on this 28th day of May 2009.
L6. Wood Smoke Task Force Report — Councilmember Rossbach (Councilmember
Hjelle recommended L6. be heard out of order)
a. City Councilmember Will Rossbach gave the report.
b. City Attorney, Alan Kantrud answered questions of the council.
C. Maplewood Fire Chief, Steve Lukin answered questions of the council.
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1. Michelle, Jwanouskos, 879 Crestview Drive South, Maplewood.
2. Jerry Slama, 2311 Valleyview Avenue, Maplewood.
3. John Wykoff, 2345 Maryland Avenue, Maplewood. (spoke twice)
4. Mark Jenkins, 830 New Century Boulevard, Maplewood.
5. Jim Nygaard, 1110 County Road C East, Maplewood.
6. Dave Hafner, 1037 Marnie Street, Maplewood.
7. Jason, Schuller, 2360 Timber Avenue, Maplewood.
Councilmember Nephew moved that staff implement the educational recommendations under
advisement from the task force and for the city attorney to bring back a proposed technical
revision to the ordinance language and the prefereance would be to use the same good neighbor
language as the City of Bloomington.
Seconded by Mayor Longrie.
Ayes — Mayor Longrie,
Councilmembers Hjelle,
Nephew & Rossbach
Nay — Councilmember Juenemann
Councilmember Hjelle made a friendly amendment that this portion of the ordinance be brought
back as a workshop and staff should enact an educational piece in the Maplewood Monthly to be
printed twice a year.
Councilmember Nephew accepted the friendly amendment.
Mayor Longrie accepted the friendly amendment.
The motion passed.
City Council took a 10 minute recess.
Councilmember Nephew moved to complete items G, H, K3, 1-3, M2, M15, M16 Monday, June 1,
2009, after the workshop meeting.
Seconded by Councilmember Hjelle.
The motion passed.
Ayes — All
Councilmember Nephew moved to change order of business in order to take care of agenda item
L1.
Seconded by Mayor Longrie.
The motion passed.
Ayes — All
L. NEW BUSINESS (HEARD OUT OF ORDER DUE TO COUNCIL MOTION)
Conditional Use Permit Revision — Minnesota Waldorf School — 70 County Road B
East
a. Planner, Michael Martin, gave the report and answered questions of the council.
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b. Planning Commission Chair, Lorraine Fischer gave the planning commission
report.
C. Sarah Holmsted, Building Chair for Minnesota Waldorf School, 70 County Road B
East, Maplewood, addressed the council.
d. Mark Osmos, Architect addressed the council.
Councilmember Nephew moved to approve the Conditional Use Permit Revision for the
Minnesota Waldorf School at 70 County Road B East.
RESOLUTION 09-05-182
CONDITIONAL USE PERMIT REVISION RESOLUTION
WHEREAS, Melinda Lopes, of the Minnesota Waldorf School, is proposing changes to a site with an
existing conditional use permit to build a 7,338 -square -foot classroom building to the existing school site
and to build office additions totaling 710 -square -feet to the existing main building at 70 County Road B
East. The legal description is:
That part of the Northeast 1/4 of the Northwest 1/4 of Section 18, Township 29, Range 22 bounded and
described as follows: Beginning at the North 1/4 corner of Section 18 and running Westerly along the
North link of said section 660 feet, more or less, to a point; thence Southerly 650 feet, more or less, to a
point, thence Easterly on a line parallel to the North Section line 433.5 feet, more or less, to a point in the
West right of way fence of the Minneapolis, Saint Paul and Sault Ste. Marie Railway; thence
Northeasterly along said right of way fence 527 feet, more of less, to a point where said right of way
fence intersects the North and South 1/4 section line; thence Northerly along said 1/4 line 180 feet, more
or less, to a point of beginning. Subject to public easement in highway, County Road B, on the North
side of tract. (PIN 18-29-22-21-0007)
WHEREAS, the history of this conditional use permit revision is as follows:
1. On April 7, 2009, the planning commission held a public hearing. The city staff published a notice
in the paper and sent notices to the surrounding property owners. The planning commission
gave persons at the hearing a chance to speak and present written statements. The commission
also considered reports and recommendations of the city staff. The planning commission
recommended that the city council approve the conditional use permit revision.
2. On May 28, 2009, the city council discussed the proposed conditional use permit revision. They
considered reports and recommendations from the planning commission and city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described
conditional use permit revision, because:
1. The use would be located, designed, maintained, constructed and operated to be in conformity
with the city's comprehensive plan and code of ordinances.
2. The use would not change the existing or planned character of the surrounding area.
3. The use would not depreciate property values.
4. The use would not involve any activity, process, materials, equipment or methods of operation
that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person
or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances.
5. The use would generate only minimal vehicular traffic on local streets and would not create traffic
congestion or unsafe access on existing or proposed streets.
May 28, 2009 8
City Council Meeting Minutes
6. The use would be served by adequate public facilities and services, including streets, police and
fire protection, drainage structures, water and sewer systems, schools and parks.
7. The use would not create excessive additional costs for public facilities or services.
8. The use would maximize the preservation of and incorporate the site's natural and scenic
features into the development design.
9. The use would cause minimal adverse environmental effects.
Revision is subject to the following conditions: (additions are underlined and deletions are crossed out):
1. All construction shall follow the site plan approved by the city, date-stamped March 20, 2009.
2. The proposed construction must be substantially started within one year of council approval or
the permit shall become null and void. The council may extend this deadline for one year.
3. The city council shall review this permit in one year.
4. If a parking shortage develops, the property owner shall provide more spaces, subject to approval
by staff of a revised parking layout.
5. .
6. Ind Continue to maintain permanent signs around the edge of the wetland buffer easements.
These signs &ha -4 mark the edge of the easements and shall state there shall be no mowing,
vegetation cutting, filling, grading or dumping beyond this point. Gity staff shall approve the Sign
deSigR ;;Ad- -hP-fA-.rP- thP- GO—Atraroter installs; them. The develope-F PX shall
` eyelnrmon4
The Maplewood City Council approved this resolution on May 28, 2009.
Seconded by Councilmember Hjelle. Ayes —All
The motion passed.
Councilmember Nephew moved to approve the site plan date-stamped April 7, 2009, and the building
elevations date-stamped March 20, 2009, for the 7,338 -square -foot classroom building to the existing
school site and to build office additions totaling 710 -square -feet to the existing main building at 70
County Road B East. Approval is subject to the following conditions:
1. Repeat this review in two years if the city has not issued a building permit for this project.
2. Before getting a building permit, the applicant shall:
a. Submit grading, drainage, utility and erosion control plans to the city engineering department
for approval.
b. Submit to city staff a cash escrow or an irrevocable letter of credit for all the required work. The
amount shall be 150 percent of the cost of the work.
May 28, 2009 9
City Council Meeting Minutes
3. Provide continuous concrete curbing around all proposed parking and drive areas.
4. The trash-dumpster screening requirement is waived unless the dumpsters would be visible to the
public. In that case, an enclosure shall be provided using the same materials and color as the building.
5. An inground lawn -irrigation system shall not be required because of the remote nature of this site.
6. Ensure that site is in compliance with ADA requirements for handicap parking spaces and that spaces
have correct signage.
7. Satisfy the requirements set forth in the staff report authored by Mr. Kummer, dated April 16, 2009.
8. Satisfy the requirements of the building official, fire marshal and police department, as stated in this
report.
9. All work shall follow the approved plans. Planning staff may approve minor changes.
10. Applicant shall submit exterior building samples to staff for approval.
Seconded by Councilmember Hjelle. Ayes —All
The motion passed.
K. UNFINISHED BUSINESS
1. 2009 Improvement Projects — Review of Assessment Interest Rates and
Resolution Establishing Rate for 2009 Improvement Projects
a. Assistant City Manager, Public Works Director, Chuck AN gave the report.
Councilmember Hjelle moved to approve the resolution establishing an interest rate of 5.4% for
assessment on the 2009 Projects.
RESOLUTION 09-05-183
ESTABLISHING INTEREST RATES FOR 2009 PROJECTS
WHEREAS, the City Council has previously adopted a resolution establishing the assessment
rate for Improvement Project 03-15, Century Avenue Improvements, and
WHEREAS, the City Council has previously adopted a resolution establishing the assessment
rate for Improvement Project 08-12, Castle Avenue Improvements, and
WHEREAS, the City Council will be considering levying assessments consistent with MS 429 for
Improvement Project 08-10, Carsgrove Meadows Improvements and Improvement Project 08-20, County
Road D Improvements, and
WHEREAS, the City staff have reported that bond sale, hereby referred to as Series 2009A at an
effective True Interest Cost (TIC) of 3.398%, and
WHEREAS, the City staff have reported that a reasonable administrative fee of 2.0% is justified
for the administration of the said property assessments for said projects.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
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That the said improvement projects shall hereby by levied with an effective assessment rate of
5.4%, which shall reflect a reasonable administrative fee of approximately 2.0% above the TIC for the
assessment portion of the Series 2009A bonds.
FURTHERMORE, it is hereby established to be the policy of the Maplewood City Council that all
future improvement projects shall be levied with a 2.0% administrative fee above the TIC on the
assessment portion of the bonds to be sold for said improvement project unless specifically adjusted by
resolution of the City Council.
Approved this day May 28, 2009.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
2. Castle Avenue Improvements, Project 08-12, Resolution Adopting Revised
Assessment
a. Michael Thompson, Deputy Public Works Director, City Engineer, gave the
report.
Councilmember Nephew moved to approve the resolution for the adoption of the revised
assessment roll for the castle avenue improvements, project 08-12.
RESOLUTION 09-05-184
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on May 11th, 2009, the
assessment roll for the Castle Avenue Improvements, City Project 08-12, was presented in a Public
Hearing format, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, eleven property owners filed an objection to their assessment according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1. Terry Warner, 1998 Castle Avenue (PIN 11-29-22-31-0060): Mr. Warner is requesting a senior
citizen deferment of the proposed assessment.
2. Jack Swenson, 1930 Castle Avenue (PIN 11-29-22-31-0073): Mr. Swenson is requesting a
senior citizen deferment of the proposed assessment.
3. Nebyelul and Bobbie Hagos, 1988 Castle Avenue (PIN 11-29-22-33-0059): Mrs. Hagos
requested at the 5/11/09 council meeting that the proposed assessment either be revised or
deferred due to financial hardship.
4. Terryl Gordon, 2294 Castle Place (PIN 11-29-22-31-0094): Mrs. Gordon requested at the
5/11/09 council meeting that the proposed assessment either be revised or deferred due to
financial hardship.
5. Arthur Engstrom, Trustee, Goodwill Property, 2250 White Bear Avenue (PIN 11-29-22-33-0051):
Mr. Engstrom is requesting a revision to the proposed assessment on the property.
6. Dennis Klohs c/o of Richard Craven, Owner, Central Lakes Properties, New Horizon Academy
Property, 2251 Van Dyke Street (PIN 11-29-22-33-0005): Mr. Klohs, on behalf of Richard Craven
is requesting a revision in the proposed assessment on the property.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
M I N N ESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments
to the assessment roll for the Castle Avenue Improvements, City Project 08-12:
1. Terry Warner, 1998 Castle Avenue (PIN 11-29-22-31-0060): Grant deferral of assessment
subject to the receipt on the necessary documentation to be approved by the City Engineer.
2. Jack Swenson, 1930 Castle Avenue (PIN 11-29-22-31-0073): Grant deferral of assessment
subject to the receipt on the necessary documentation to be approved by the City Engineer.
3. Nebyelul and Bobbie Hagos, 1988 Castle Avenue (PIN 11-29-22-33-0059): Grant deferral of
assessment subject to the receipt on the necessary documentation to be approved by the City
Engineer.
4. Terryl Gordon, 2294 Castle Place (PIN 11-29-22-31-0094): Grant deferral of assessment
subject to the receipt on the necessary documentation to be approved by the City Engineer.
5. Arthur Engstrom, Trustee, Goodwill Property, 2250 White Bear Avenue (PIN 11-29-22-33-0051):
Grant revision to the proposed assessment based on the resulting lineal front footage of the
property after the land purchase by the City. The proposed assessment amount is now based on
a lineal front footage of 83.68 lineal feet x $120.00 per LFF = $10,041.60.
6. Dennis Klohs c/o of Richard Craven, Owner, Central Lakes Properties, New Horizon Academy
Property, 2251 Van Dyke Street (PIN 11-29-22-33-0005): Grant revision to the proposed
assessment based on the resulting lineal front footage of the property after the land purchase by
the City. The proposed assessment amount is now based on a lineal front footage of 118.48
lineal feet x $120.00 per LFF = $14,217.60.
B. The assessment roll for the Castle Avenue Improvements, City Project 08-12, as amended, is
hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall
constitute the assessment against the lands named therein, and each tract of land therein included is
hereby found to be benefited by the proposed improvement in the amount of the assessment levied
against it.
C. Such assessments shall be payable in equal annual installments extending over a period of
15 years for residential properties and 8 year for commercial properties, the first installments to be
payable on or before the first Monday in January 2010 and shall bear interest at the rate of 6.0 percent
per annum for the date of the adoption of this assessment resolution. To the first installment shall be
added interest on the entire assessment from the date of this resolution until December 31, 2009. To
each subsequent installment when due shall be added interest for one year on all unpaid installments.
D. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than October 1, 2009, pay the whole of the assessment on
such property, with interest accrued to the date of the payment, to the office of the city engineer, except
that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and they may, at any time after October 1, 2009, pay to the county auditor the entire amount
of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such
payment is made. Such payment must be made before October 15 or interest will be charged through
December 31 of the next succeeding year.
E. The city engineer and city clerk shall forthwith after October 1, 2009, but no later than
November 1St, 2009, transmit a certified duplicate of this assessment to the county auditor to be
extended on the property tax lists of the county. Such assessments shall be collected and paid over the
May 28, 2009 12
City Council Meeting Minutes
same manner as other municipal taxes.
Adopted by the council on this 28th day of May 2009.
Seconded by Councilmember Juenemann. Ayes — All
The motion passed.
3. 2030 Comprehensive Plan Update
(Carried over until June 1, 2009)
L. NEW BUSINESS
2. Legacy Park "Tot Lot" Improvements Resolution Approving Use of Existing Escrow
Funds for Park Improvement
a. Parks and Community Development Director, DuWayne Konewko gave the report.
Councilmember Juenemann moved to recommend moving forward with the Parks Commission
direction to start the Parks Planning and Development Process and solicit neighborhood
feedback and to set a not -to -exceed budget of $80,000 funded by the existing Legacy Park
Development escrow account.
RESOLUTION 09-05-186
RESOLUTION APPROVING USE OF EXISTING FUNDS FOR PARK IMPROVEMENTS
AT LEGACY PARK "TOT LOT"
Whereas, the City of Maplewood approved the Legacy Village master plan (dated September 8,
2003 and the first amendment to that agreement dated February 4, 2004);
Whereas, the Legacy Village master plan dedicates Lot 2, Block 1 (Outlot 1) to the City for use as
park and open spaces purposes;
Whereas, as part of the development agreement, an escrow fund in the amount of $80,856 was
dedicated to park amenities at this location;
Whereas, the funding for the park amenities identified in the Legacy Village master plan are
available in the City budget, Legacy Park Development Fund number 433 in the amount of $80,856;
Now, Therefore, Be it Resolved, that the Maplewood City Council hereby approve the use of the
existing escrow fund (Legacy Park Development Fund — number 433) for park improvements at Lot 2,
Block I (Outlot 1) Legacy Village and set a not -to -exceed budget of $80,000 for the improvements.
Adopted this 28th day of May, 2009.
Mayor City Clerk
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
May 28, 2009 13
City Council Meeting Minutes
3. Consider Resolution Authorizing Preparation of Preliminary Report on
Advancement of 2010 Projects on Holloway Avenue (North St. Paul to McKnight and
Stanich- Highlands Area Streets)
(Carried over until June 1, 2009)
4. Energy Efficiency and Conservation Block Grant Program — Selection of Projects
for Use of 2009 ARRA Funds
a. Assistant City Manager, Public Works Director, Chuck Ahl gave the report.
b. City Manager, James Antonen answered questions of the council.
The council approved of items 1, 2, 3, and 5 in the staff report.
Mr. AN said staff will investigate and bring information back to the council for the final grant
application and attempt to see if there is money leftover to add a solar panel study as part of this.
Staff will make a final approval of the project submitted for the grant.
Councilmember Rossbach moved to approve the submittal of grant information for projects
totaling $163,900. Approving six projects staff has recommended for submittal.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
5. Consider Resolution Authorizing Pride of Maplewood Program by City Manager
a. City Manager, James Antonen gave the report.
Councilmember Hjelle moved to recommend the formal resolution of support and endorse the
Pride of Maplewood Program.
RESOLUTION NO. 09-05-187
A RESOLUTION OF THE MAPLEWOOD CITY COUNCIL
ESTABLISHING AN EMPLOYEE RECOGNITION PROGRAM AND
DECLARING THAT SUCH PROGRAMS BENEFIT THE PUBLIC BY
PROMOTING EFFICIENCY, INITIATIVE, WELLNESS AND MORALE
AMONG PUBLIC EMPLOYEES.
WHEREAS, employees throughout the City of Maplewood work diligently and effectively on
behalf of the public everyday; and
WHEREAS, City employees should be recognized for the exceptional work that they perform; and
WHEREAS, rewarding City employees enhances productivity, efficiency, wellness and morale in
the performance of their duties; and
WHEREAS, it is in the public good to recognize City employees for outstanding performance
and/or noteworthy contributions to the accomplishment of the overall objectives of the City; and
WHEREAS, the Maplewood City Council supports the issuance of rewards for City employees to
encourage superior performance in their duties;
NOW THEREFORE BE IT RESOLVED by the Council of the City of Maplewood that:
May 28, 2009 14
City Council Meeting Minutes
1. In recognition of superior performance and noteworthy contributions to the accomplishment of the
overall objectives of the City, it is for the good of the public that the City of Maplewood establish a
formal Employee Recognition Program to promote efficiency, initiative and morale among
employees of the City of Maplewood.
2. Said program shall be administered under the direction of the City Manager and direct expenses
for said program shall not exceed $1,250 annually.
This Resolution shall take effect from and after its adoption.
Seconded by Councilmember Nephew. Ayes — All
The motion passed.
M. CONSENT AGENDA
1. Councilmember Nephew moved to approve items 1,
2, 4,
6-8, 10-12, & 14.
Seconded by Councilmember Hjelle.
Ayes
— All
The motion passed.
2. Councilmember Hjelle moved to approve item 3.
Seconded by Mayor Longrie.
Ayes
— All
The motion passed.
3. Councilmember Nephew moved to approve item 5.
Seconded by Councilmember Hjelle.
Ayes
— All
The motion passed.
4. Councilmember Hjelle moved to approve item 9.
Seconded by Councilmember Rossbach.
Ayes
— All
The motion passed.
5. Councilmember Hjelle moved to approve item 13.
Seconded by Councilmember Nephew.
Ayes
— All
The motion passed.
1. Approval of Claims
Councilmember Nephew moved approval of claims.
ACCOUNTS PAYABLE:
May 28, 2009 15
City Council Meeting Minutes
$ 90,027.16 Checks # 78340 thru # 78409
Dated 05/04/09 thru 05/12/09
$ 337,397.25 Disbursements via debits to checking account
Dated 05/01/09 thru 05/08/09
$ 272,022.29 Checks # 78410 thru # 78456
Dated 05/08/09 thru 05/19/09
$ 143,170.19 Disbursements via debits to checking account
dated 05/08/09 thru 05/15/09
$ 842,616.89 Total Accounts Payable
PAYROLL
$ 490,446.09 Payroll Checks and Direct Deposits dated 05/13/09
$ 2,601.83 Payroll Deduction check #1007187 thru #1007188
dated 05/15/09
$ 493,047.92 Total Payroll
$ 1,335,664.81 GRAND TOTAL
Seconded by Councilmember Hjelle. Ayes — All
The motion passed.
2. Desoto -Skillman Area Street Improvements, Project 06-16, Resolution Directing
Modification of Existing Construction Contract, Change Order 5
(Carried over to June 1, 2009.)
3. Resolution Accepting Donations to 2009 Landfall Cops & Kids Fishing Clinic
Councilmember Hjelle moved to accept these donations and that the necessary budget
adjustments be made so that the donations may be used for costs associated with the fishing
clinic.
RESOLUTION 09-05-189
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;
WHEREAS, the City of Landfall, St. Paul Harley-Davidson/Buell, James & Angela Dumer and Kenneth &
Kathleen Sundberg wish to grant the City of Maplewood the following: a total of $1,097.50, and;
May 28, 2009 16
City Council Meeting Minutes
WHEREAS, the City of Landfall, St. Paul Harley-Davidson/Buell, James & Angela Dumer and Kenneth &
Kathleen Sundberg have instructed that the City will be required to use the aforementioned for: the 2009
Landfall Cops `N Kids Fishing Clinic, 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 May 28, 2009.
Signed:
(Signature)
Mayor
(Title)
Signed:
(Signature)
Chief of Police
(Title)
(Date) (Date)
Seconded by Mayor Longrie.
The motion passed
Witnessed:
(Signature)
City Clerk
(Title)
(Date)
Ayes — All
4. Conditional Use Permit Review — Commercial Equipment Parking and Storage — 65
Larpenteur Avenue East
Councilmember Nephew moved to extend the conditional use permit to park and store
commercial vehicles at 65 Lamenteur Avenue East until Auaust 9. 2009.
Seconded by Councilmember Hjelle.
The motion passed
Ayes — All
5. Approve Resolution of Support for STP Application, Project 09-08, English/TH 36
Interchange Improvements
Councilmember Nephew moved to approve the resolution supporting the Federal Surface
Transportation Program funding application submittal for the English Street/TH 36 Interchange
Improvements.
May 28, 2009 17
City Council Meeting Minutes
RESOLUTION NO. 09-05-190
RESOLUTION SUPPORTING FEDERAL SURFACE TRANSPORTATION PROGRAM (STP) FUNDING
APPLICATION SUBMITTAL FOR TRUNK HIGHWAY 36/ENGLISH STREET INTERCHANGE
IMPROVEMENTS, CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA
WHEREAS, the City Council of the City of Maplewood is the official governing body; and
WHEREAS, this project is consistent with the City of Maplewood Comprehensive Plan and
Highway 36 Access Study and it is believed to be consistent with the policies of the Metropolitan
Council's Development Guide, including the Transportation Policy Plan and Regional Development
Framework; and
WHEREAS, this project is located in a significant high use transportation corridor (Highway 36) in
the Twin Cities metropolitan area; and
WHEREAS, this project supports and enhances inter -modal transportation uses, including motor
vehicle, transit, and pedestrian uses; and
WHEREAS, this project implements a solution in the form of continuity, capacity, and safety to a
transportation problem and provides an upgrade to the regional transportation system; and
WHEREAS, the City of Maplewood in conjunction with the Minnesota Department of
Transportation accept responsibility for an amount equal to or greater than 20 percent of the eligible
project construction cost, together with costs for design, administration, right-of-way, and peripheral
project costs; and
WHEREAS, the City of Maplewood is committed to the operation and maintenance of local
roadways under the City's jurisdiction for the design life of these roadways; and
NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Maplewood in regular
meeting assembled to adopt this Resolution in support of the request for federal funds under the STP for
the Trunk Highway 36/English Street Interchange Improvement Project.
BE IT FURTHER RESOLVED, that a copy of this Resolution be provided to the Metropolitan
Council Transportation Advisory Board and Technical Advisory Commission with the Trunk Highway
36/English Street Interchange Improvement Project as part of the STP funding application.
Passed and duly adopted by the County Commission of Ramsey County this 28th day of May, 2009.
Diana Longrie, Mayor,
ATTEST:
Karen Guilfoile, City Clerk
Seconded by Councilmember Hjelle. Ayes — All
The motion passed
6. Approve of 2008 Budget Adjustments for MCC
Councilmember Nephew moved to approve the 2008 budget adjustments for the MCC.
May 28, 2009 18
City Council Meeting Minutes
Seconded by Councilmember Hjelle. Ayes — All
The motion passed
7. Resolution to Maintain the Statutory Tort Limits
Councilmember Nephew moved to approve the resultion to maintain the Statutory Tort Limits for
liability insurance purposes.
RESOLUTION 09-05-191
A RESOLUTION TO MAINTAIN THE
STATUTORY TORT LIMITS FOR LIABILITY INSURANCE PROPOSED
WHEREAS, pursuant to previous action taken, the League of Minnesota Cities Insurance
Trust has asked the City to make an election with regards to waiving or not waiving its tort liability
established by Minnesota Statutes 466.04; and
WHEREAS, the choices available are; to not waive the statutory limit, to waive the limit
but to keep insurance coverage at the statutory limit, and to waive the limit and to add insurance to a new
level;
NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council does hereby
elect not to waive the statutory tort liability limit established by Minnesota Statutes 466.04; and, that such
election is effective until amended by further resolution of the Maplewood City Council.
Adopted by the City Council of the City of Maplewood, Minnesota at a regular meeting
held May 11, 2009.
ATTEST:
Karen E. Guilfoile, City Clerk Diana Longrie, Mayor
Seconded by Councilmember Hjelle. Ayes — All
The motion passed
8. Resolution Authorizing Purchase of Insurance Agent Services
Councilmember Nephew moved approve the resolution to retain Arthur J. Gallagher and
Company as the insurance agent at a cost of $14,500.00.
RESOLUTION 09-05-192
BE IT RESOLVED THAT Arthur J. Gallagher and Company be re -appointed as the broker of
record and insurance agent at a cost of $14,500 for the insurance year starting July 1, 2009 and
continuing through June 30, 2010
The motion for the adoption of the foregoing resolution was duly seconded by
Councilmember Hjelle and upon vote being taken thereon, the following voted in favor:
ALL
and the following voted against the same:
May 28, 2009 19
City Council Meeting Minutes
NONE
Whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA
SS.
COUNTY OF RAMSEY
I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood,
Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an
extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly
called and held, as such minutes relate to the calling of a public hearing on the City's tax
increment financing districts within its municipal development district.
City Clerk
Seconded by Councilmember Hjelle.
The motion passed
Ayes — All
9. Approval of Purchase for Testing Services For:
a. Castle Avenue Improvements (08-12)
b. Carsgrove Meadows Area Street Improvements (08-10)
C. County Road D Street Improvements (08-20)
Councilmember Hjelle moved to approve the City Engineer to enter into a contract with Braun
Intertec for testing services for the County Road D Improvements, City Project 08-20. It is further
recommended authorization for the City Engineer to enter into a contract with Stork Twin City
Testing for testing services for the Castle Avenue Improvements, City Project 08-12, and
Carsgrove Meadows Area Improvements, City Project 08-10.
Seconded by Councilmember Rossbach. Ayes — All
The motion passed
10. Stop Sign Requests Update — No Action Needed
No action is needed.
11. Ramsey County Fair — Temporary Gambling Permit and Fee Waive 3.2% Beer
Councilmember Nephew moved to approve the fee waiver for 3.2 beer and the resolution for the
temporary gambling permit for St. Paul Lions Club for Ramsey County Fair.
RESOLUTION 09-05-185
May 28, 2009 20
City Council Meeting Minutes
BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary
permit for lawful gambling is approved for St. Paul East Parks Lions Club to be used at the
Ramsey County Fair, 2020 White Bear Avenue, Maplewood, MN from July 8 through July
12.
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 Hjelle. Ayes — All
The motion passed
12. Ramsey County Fair— Miscellaneous Permits
Councilmember Nephew moved to approve the permits and request to have the fees waived for
the aforementioned permits as has been prior council practice for Ramsey County Fair.
Seconded by Councilmember Hjelle. Ayes — All
The motion passed
13. Approval to Enter Into Joint Powers Agreement With State of Minnesota — Child Sexual
Predator Program
Councilmember Hjelle moved the Joint Powers Agreement with the State of Minnesota for the
Child Sexual Predator Program.
Seconded by Councilmember Nephew. Ayes — All
The motion passed
14. Spring 2009 Clean -Up Event Summary
No Action is needed.
15. Resolution of Support For Environment and Natural Resources Trust Fund — Request for
$1.5 Million Grant for Acquisition of Land Within Fish Creek Corridor
(Carried over to June 1, 2009.)
16. Consider Approval of Acceptance of Donations From Maplewood Unions to the City
Memorial (Carried over to June 1, 2009.)
N. AWARD OF BIDS
None.
O. VISITOR PRESENTATIONS — PART II
May 28, 2009 21
City Council Meeting Minutes
None.
ADJOURNMENT
Mayor Longrie adjourned the meeting at 11:30 p.m.
May 28, 2009 22
City Council Meeting Minutes
For The Permanent Record
Meeting Date: e? o
SMOKE TASK FORCE MEE Agenda Item �t
Tuesday, September 23, 2008
Maplewood City Hall - Maplewood Room
1830 E. County Road B
Present: Will Rossbach, Thomas Layer, Jeff Janacek, Jason, Schuler, Jerry Slama, Pat Mogren, Jim Nygaard, DelRay
Rokke, John Wykoff, JoAnn Funk, Fran Thurston, Lowell Pickett, Michelle Jwanouskos
Guests Presenters: John Seitz — Minnesota Pollution Control Agency -Air Policy Area, Mike O'Rourke — Wilkening
Manufacturing North Central Hearth Products Patio and Barbecue Association, Chuck Stroebel — MN Department of
Health in the Health Risk Assessment Area
Note, these minutes are extremely detailed as I felt it was important for the task force to have a record of all questions
asked by the group and answered by the experts during this meeting. — Michelle Jwanouskos
Questions asked of the experts:
Q: Please give possible side effects of smoke that can be caused to a normal healthy individual
A: Chuck Stroebel
Short- term, acute — eye irritation, respiratory irritation, coughing, sinusitis, headaches, difficulty breathing. For the
most part, these affects are transitory or reversible
Chronic or Long-term... many years — components of wood smoke could cause lung cancer similar to second-hand
smoke. Many components in wood smoke are carcinogens.
At risk individuals (e.g., people who have underlining respiratory or cardiovascular diseases) would be more
susceptible to things like wood smoke or other fine particles that come from automobiles and other combustion
processes.
Q: What amount of smoke would be necessary to cause problems.
A: Chuck Stroebel
This is a tough one to answer that can't be answered with any certainty. A lot would depend on the composition of the
smoke and the individuals health status. You've all heard of individuals who smoke their whole life and never develop
lung cancer. At the same time most people are around a recreational fire and experience eye irritation and other
respiratory affects. So it's hard to pinpoint a quantity.
We can do a rough approximation ... the National ambient air quality standard for fine particles, averaged over a 24
hour period is 35 micrograms per cubic meter in air — this is a health -based number a federal standard that MN
currently meets that.
Q: What is a small particulate?
A: Chuck Stroebel
2.5 microns or smaller. About the thickness of a human hair. Typically come from combustion sources, fossil fuel
(e.g., cars, buses, etc.)
John Seitz - There are also a consistent background level of particles in the air not directly emitted from cars, etc. but
come from sulfates and nitrates emitted from power plants.
Particulates vary from region to region. The Federal standard only covers size but not composition and there is not
enough data to determine whether the chemistry of one is better or worse than another.
Chuck Stroebel — there are studies being done on particulates near roadways. Where there concentrations are higher
because of the traffic flow, diesel trucks, cars, etc.
Q: How much would, let's say a refinery add to particulates in the air?
A: You'd have to look at the data for that plant. It's difficult to answer because the stack emits and other fine particles are
formed secondarily. But this would affect the air nearby. Anything that combusts especially anything that has sulfur in
it would add to the particulate matter.
Page 1 of 6
Q: So if we were to stay that anyone installing a unit must meet EPA standards, how would we address the zero
clearance fireplaces?
A: Mike — You could say any unit that is at least X amount efficient... how much heat is coming into the room (e.g., 70%).
A zero clearance wood box is not efficient. Or, that it has to be combustion at least 95%. In other words, 95% of the
wood is being burned. Or, you could say they'd have to be EPA certified.
Q: But is the information of those products available so people would know that it would meet our standards (if
we chose to regulate it.
A: John — I think the only thing you could say is that if you were going to install a stove, it would have to be an EPA
certified stove. I think you could look at EPA voluntary standards.
Mike — Any unit that is EPA certified will have a card attached to it. One item to note, the sticker from the EPA doesn't
necessarily tell you the efficiency. It tells you it's 'at least' that or better. So, while the sticker may say 65% efficient,
the manufacturer say's it's 75%.
John — The EPA has a list of certified appliances. I believe it includes the actual efficiency and emissions
percentages.
Mike — One note on the stoves sold at large stores like Menards that may cost $500 and be EPA certified versus
those sold by a Fireplace store where you might pay up to $2000. The difference is not how efficient they are, but
how long they'll last. But some are cleaner burning than others.
Q: When Libby MT installed all the new units, did it improve or meet the EPA the air quality standards.
A: Mike — Correct me if I'm wrong, but I heard that the EPA told the National association that this was probably the most
successful joint venture between government and private industry that they've ever had. Every person in that town
fought to have their stove replaced. And it was a huge a success.
But I'm not saying that wood smoke is good for you, but if you can minimize emissions, it's no different from any other
particulate. A non -EPA stove will kick out close to 60 grams an hour. An EPA stove, even a bad one, it's kicking out
7.5 grams per hour. That's huge.
Q: So, if we were to require all new or replacements units meet EPA certification, would this be a good way to
go?
A: Mike — it would make a huge difference. Actually, I don't know how many wood burners you have, so it may or may
not. If Maplewood decided to mandate this, my association would be more than happy to assist with discounts.
However, part of the change out would the owner give up their old unit. Not take it up to their cabin.
Q: So, if you have a good stove, and you're not following the `rules' (e.g., dampering it down or using bad wood),
would this impact the amount of particulate matter?
A: Mike — It would, but it would be minimal. It 'might' double it. The worst case would be bad or wet wood that's not
heating/burning. But even if you completely dampered down your stove, most new technology units have about a 4"
intake valve with a 3" intake. So even if you have the damper is closed, there is still air for initial and secondary
combustion. Will you get more particulate? Yes, but the primary factor is wet or bad wood.
Q: Have you ever done any annual checks of previously installed units to see what the emissions are? Or is
there any kind of tests we can do?
A: There is nothing that is in place to do this. So a stove that's built to last for 25 years, might not be used properly (e.g.,
they might burn garbage, diapers, etc.) But if you purchase your unit from a certified hearth products retailer, they will
educate you on what to burn, how to burn it, how to work the stove. Now whether they follow that or not, is something
we have no control over.
Q: Pictures were shown to the experts of a chimney and an EPA certified stove (I assume it showed something
coming out of the stack) and the question was asked whether it looked right.
A: Mike — He asked what the temperature was when the picture was taken. They didn't know but commented that it was
8am. He said that when you have heat coming out, you get condensation and will see water vapor and it's not smoke.
He said if it is smoke from an EPA unit, it would either be form start up or cool down, or improper operation.
Q: Would Maplewood be too small for a swap out program?
A: Mike — Not necessarily. Past change outs have been pushed through the EPA because of a specific issue in an area
(e.g., Libby, MT where most citizens heat their homes with fireplaces.) It's working w/EPA, the city, retailers, etc.
Q: What if a person couldn't afford to hangout their equipment.
Mike — That's a difficult situation, as the manufacturers don't want to lose money. So unless you can get grants or
other government money, it's difficult.
Page 3 of 6
Chuck — And at a minimum, it's a nuisance to your neighbors.
Mike — I want to note, wood burning has been an option forever. This is a legitimate option. Some people will take
advantage of it. But in the cities, you're never going to have tons of people, because we have people up north who've
purchase wood stoves, then the next year they are swapping them out ... they thought they were wood burners, but
they're not. But, if you were going to burn wood, we would be the first ones to talk people into burning efficiently,
effectively, and the best you can. We have books for inspectors. We have certification for installers that some
municipalities are taking on statewide, that if you're going to install wood or gas products, you need to have this
certification. So our association has gone overboard to mandate ourselves be more efficient and work with other
organizations.
Q: So are their grants?
Chuck — There are possible opportunities through Green Fleet.
Q: We haven't really discussed recreational fires, and that's something I enjoy. I probably have less than 10 per
year, and I don't want to lose the privileges of doing that. Has there been any studies done on what
contribution recreational fires have?
A: John - I have seen anything on that. It's such a new phenomenon.
Q: Isn't it essentially the same thing as a fireplace? Or Chiminaya?
No more efficient than an old fireplace. Chuck — What I have heard is if people are burning things outside that are not
allowed. Mike — With some people, it's a physical discomfort. I would say that there are other people who smell
smoke and have found memories and good feelings. The reality is that it's not good for either, but some people have
a low tolerance than others.
Q: Are chimney pipes exposed to the outdoors bad?
If the pipe is outside and the pipe is cold, the less draft and the more potential for creosote.
Q: Can you tell me the air quality index that's published in the paper?
John —100 corresponds roughly to the ambient standard in a 24-hour period. So it's ozone and PM. Sometimes in
the summer you have a PM incident. 50 is half as much, less than 50 is good. 50-100 is moderate, and anything
over the standard is unhealthy. Over 100 would correlate to the 35 micrograms per cubic meter in a 24-hour period.
Q: How many days out of the year on average year would we go over the 50?
Chuck— I know the number of days over 100 is a handful. In TC 2007 half of the days were good, half were
moderate and only 9 days were unhealthy. In 2008, good summer, no low temperatures. The 9 days are spread
through the year. In the summertime it's typically PM and ozone issues and the winter it's all PM issues.
Q: Are there inversions in the winter and summer? And can you explain inversions?
John - These are more common in the Fall and early winter. Normally the air gets colder when it goes up, but in an
inversion it actually gets warmer for a while, then colder. So that change in temperature actually puts a cap on the
lower level range.
Q: Is there anything worse about outdoor wood boilers?
Chuck — There is are a lot more particulate matter coming out of them. John — They're have been low technology and
its the worst situation where you have a giant log in a large fire box in a dampered down situation. Mike — and you're
lucky if it's a giant log in an inefficient unit as often times you'll have a giant rubber tire. EPA now has standards that
our industry is trying to promote the manufacturers to voluntarily meet. And if there's not enough voluntary
compliance, there will probably be mandated compliance from the EPA. There are a couple of manufacturers in this
state have come out with units that meet the voluntary compliance. The problem is that there are probably about 400-
500 outdoor wood boilers manufacturers and of those only about 9 or 10 that have come out with units that meet the
voluntary compliance. As in industry, our local association was the one to get them in and tell them they need to
clean up their act. John — A phase 2 of the voluntary standard is just coming out. Will mentioned there may only be 1
in Maplewood.
John spoke about a survey that the MPCA does regarding wood smoke. He said it was done through the DNR and it was
sent out to random households. Their interests are more about wood utilization purposes. The results were supposed to
be out last June.
Q: Can you talk about charcoal fires versus wood campfire?
John — Not in any kind of numbers. I don't have emissions information. In general, the more smokier the fire, the
more particles.
Page 5 of 6