The URL can be used to link to this page

Home My WebLink About01-12-2009A. CQ C. E MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, January 12, 2009 Council Chambers, City Hall Meeting No. 01-09 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:00 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 G1. Acting City Manager, Public Works Director, Chuck AN said item G1. Report on Sletten Request for Retaining Wall at North End of Clarence Street is being tabled until January 26, 2009 city council meeting. H1. Ramsey County League of Local Governments — Councilmember Rossbach H2. Cable Commission Report — Councilmember Nephew H3. Ramsey County Study Dispatch Center — Councilmember Juenemann H4. Smoke Task Force Meeting — Thursday, January 15, 2009, 7 p.m. — Mayor Longrie & Councilmember Rossbach 11. Tabled Parks Commission — Acting City Manager, Public Works Director Chuck AN 13. Mayor Longrie — Tabling 13. Recognition of Paramedic Response by Area Hospital due to schedule conflicts. Councilmember Nephew moved to approve the agenda as amended. Seconded by Mayor Longrie. The motion passed. Ayes — All Mayor Longrie recommended moving Visitor Presentations 20 minutes. Seconded by Councilmember Hjelle. The motion passed. APPROVAL OF MINUTES Ayes — All Councilmember Nephew moved to approve the December 1, 2008, City Council Manager Workshop Minutes as submitted. Seconded by Councilmember Hjelle. Ayes — All January 12, 2009 City Council Meeting Minutes The motion passed. Councilmember Nephew had corrections to page 2, 3, 8, and 9. On page 2, correct the spelling of J4. from Andreole to Andreoli. On page 3, J7. change the spelling from Gohrs to Gores. On page 8 in the motion made by Councilmember Nephew at the bottom of the page take the word er out between density and residential. And on page 9, in the motion remove the word er between density and residential. Councilmember Nephew moved to a as amended. Seconded by Mayor Longrie. The motion passed. rove the December 8. 2008. Citv Council Meetina Minutes Ayes — All Councilmember Hjelle moved to approve the December 15, 2008, A Continuation of December 8, 2008, City Council Meeting Minutes as submitted. Seconded by Councilmember Rossbach. Ayes — All The motion passed. Councilmember Nephew moved to approve the December 18, Special City Council Closed Session Meetina Minutes as submitted. Seconded by Councilmember Rossbach. The motion passed. Ayes — Councilmember Hjelle Juenemann, Nephew & Rossbach Abstain - Mayor Longrie Councilmember Nephew moved to approve the December 29, 2008, Special City Council Meetina Minutes as submitted. Seconded by Mayor Longrie. The motion passed. Ayes — Councilmember Juenemann, Nephew & Rossbach Abstain — Councilmember Hjelle F. VISITOR PRESENTATIONS — PART I (Moved 20 minutes) January 12, 2009 2 City Council Meeting Minutes Bob Zick, 2515 White Bear Avenue, Maplewood, addressed the council. Mr. Zick discussed the hiring of the future City Manager and spoke of the request he made for copies of the resumes of the applicants for the City Manager position for the City of Maplewood. 2. Dave Schilling, 1955 Greenbrier Street, Maplewood, addressed the council. Mr. Schilling discussed the extension of Gethsemane Park. He also spoke of repeat items that he has brought up at past council meetings. 3. Elizabeth Sletten, 2747 Clarence Street North, Maplewood, addressed the council. Ms. Sletten handed a packet of information out regarding a formal investigation. Ms. Sletten discussed a letter dated January 7, 2009, from Acting City Manager, Chuck AN for an invoice for a data practice request. Ms. Sletten said she included a copy of her check indicating she paid her bill for $14.50 for copies and was disturbed in the error made that she had not paid her invoice. 4. Frederica Musgrave, 1949 Greenbrier Street, Maplewood. Ms. Musgrave spoke as the publisher of the newspaper The Citizens Reporter. This is an independent non-partisan newsletter published monthly she said. The website is www.thecitizensreporter.com. You can contact The Citizens Reporter C/O Maplewood Voters LLC, Community Resource Center, 1321 Frost Avenue East, Suite B, Maplewood, MN 55109. She is concerned about some infractions of the first amendment freedom of the press. One of her reporters had received some personal emails attacking the reporter from a staff member at the City of Maplewood at the home address. 5. DelRay Rokke, 454 O'Day Street, Maplewood. Mr. Rokke spoke regarding the task force meeting coming up and having the ability to go home and burn a fire if you so chose. G. ADMINISTRATIVE PRESENTATIONS Report on Sletten Request for Retaining Wall at North End of Clarence Street (This Item has been tabled until January 26, 2009) H. COUNCIL PRESENTATIONS (MOVED TO THE END OF THE MEETING) H1. Ramsey County Local governments — Councilmember Rossbach H2. Cable Commission Report — Councilmember Nephew H3. Ramsey County Study Dispatch Center — Councilmember Juenemann H4. Smoke Task Force — Thursday, January 15, 2009, 7 p.m. — Mayor Longrie & Councilmember Rossbach APPOINTMENTS AND PRESENTATIONS Appointment to Parks Commission a. Acting City Manager, Public Works Director, Chuck Ahl gave the report. (This item has been tabled until January 26, 2009) 2. Recognition of Capstone Project Report by University of Minnesota Students (Mayor Longrie) a. Mayor Longrie gave the report in Environmental Planner, Shann Finwall's absence. January 12, 2009 3 City Council Meeting Minutes Mayor Longrie moved to accept the report by the University of Minnesota Students Recognizing the Capstone Project. Seconded by Councilmember Nephew. Ayes — All The motion passed. 3. Recognition of Paramedic Response by Area Hospital (Mayor Longrie) (Rescheduled until further notice) J. PUBLIC HEARINGS None. K. UNFINISHED BUSINESS City Manager Search Process — Discussion of Schedule a. Presentation of Interview Finding by Citizen Business Panel b. Presentation of Interview Findings by Employee Panel C. Discussion of Council Review Schedule i. Acting City Manager, Public Works Director, Chuck AN gave the report. ii. Ginny Yingling gave the report as Chairperson for the Citizens Business Panel. iii. Maplewood Police Chief, Dave Thomalla gave the report as Chairperson for the Employee Panel. iv. John Gores, gave the report as member for the Citizen Panel. Bob Zick, 2515 White Bear Avenue, Maplewood commented about the City Manager Process. Councilmember Nephew moved to adopt the schedule for the city council interviews changing the ending time of the social reception to end at 5:30 p.m. Seconded by Councilmember Hjelle. The council discussed the remaining schedule for the city manager hiring process and the upcoming January 26, 2009, city council meeting. Councilmember Nephew withdrew his motion. Councilmember Nephew moved to call a special meeting on Wednesday, January 21, 2009, from 4:30 p.m. — 6:30 p.m. for the purpose of discussing the city manager candidates in the City Council Chambers at the City of Maplewood. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I Councilmember Hjelle moved to extend the social reception until 5:30 p.m. on January 14, 2009. Seconded by Councilmember Nephew. Ayes — All January 12, 2009 4 City Council Meeting Minutes The City Council took a 10 -minute break at 9:00. Mayor Longrie recommended moving L5 and L6 ahead in the agenda for New Business. Seconded by Councilmember Hjelle. The motion passed. Ayes - All 5. Request for a Conditional Use Permit to Build a Two -Car Residential Garage on Property Zoned M1 (Light Manufacturing) at 2080 Prosperity Road. Action Requested a. Conditional Use Permit to Expand a Non -Conformity Use i. Senior Planner, Tom Ekstrand gave the report. 1. Planning Commissioner, Lorraine Fischer gave the Planning Commission report. 2. Ken Berwald, 2080 Prosperity Road, Maplewood addressed the council. Councilmember Hjelle moved to approve the Resolution approving a Conditional Use Permit to Construct a 24 by 28 foot, two -car garage at 2080 Prosperity Road. CONDITIONAL USE PERMIT RESOLUTION 09-01-004 WHEREAS, Kenneth Berwald applied for a conditional use permit to build a two -car garage on property the City of Maplewood has zoned M1 (light manufacturing). WHEREAS, Section 44-12(e) of the city ordinances states that: "No existing building or premises devoted to a use not permitted in the district in which such building or premises is located shall be enlarged, reconstructed or structurally altered, unless: • required by law or government order; or • There would not be a significant effect, as determined by the city through a conditional use permit, on the development of the parcel of land. WHEREAS, Section 44-637(b) states that, in an M1 district, a CUP is required for any building within 350 feet of a residential district. WHEREAS, this permit applies to the property located at 2080 Prosperity Road. The legal description is: SABIN GARDEN LOTS PART OF LOTS 4,5 & 6 BLK 6 DESCRIBED AS COMMENCING AT SW CORNER OF SAID LOT 6 NORTHEASTERLY ON WESTERLY LINE OF SAID LOT 6 FOR 28 FEET TO BEGINNING; THENCE SOUTHEASTERLY PARALLEL TO SOUTHERLY LINE OF SAID LOT 6 FOR 391.56 FEET THENCE NORTHEASTERLY DEFLECT LEFT 90 DEGREES FOR 263.26 FEET THENCE NORTHWESTERLY DEFLECT LEFT 90 DEGREES FOR 270.39 FEET TO THE POINT ON WESTERLY LINE. WHEREAS, the history of this conditional use permit is as follows: 1. On December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. January 12, 2009 5 City Council Meeting Minutes 2. On January 12, 2009, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and Code of Ordinances. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive 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. 10. There would not be a significant effect on the redevelopment of the parcel as it is currently zoned (light manufacturing). 11. There would be no negative impact on the surrounding properties that are zoned for residential use. Approval is subject to the following conditions: All construction shall follow the site plan approved by the city. Community Development staff may approve minor changes. 2. The proposed construction must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall verify that the existing slab has the minimum thickness of six to twelve inches of footing depth around the perimeter of where the new garage would be placed. The Maplewood City Council passed this resolution on January 12, 2009. Seconded by Councilmember Rossbach. Ayes — All The motion passed. January 12, 2009 6 City Council Meeting Minutes 6. Maplewood Toyota Utility Easement Vacations at 2905 Maplewood Drive, Action Requested. a. Vacation of Public Utility Easements i. Senior Planner, Tom Ekstrand gave the report. 1. Planning Commissioner, Lorraine Fischer, gave the Planning Commission report. Councilmember Juenemann moved to approve the Resolutions Vacating the Four Utility Easements North of Beam Avenue at 2905 Maplewood Drive. EASEMENT VACATION RESOLUTION 09-01-005 WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 2905 Maplewood Drive. This easement is described as follows: Document No. 2428118. A permanent easement for public utilities over, across and through that part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast Quarter of the Northeast Quarter of Section 4,Township 29, Range 22. Said easement being described as the North 30 feet of the South 63 feet of the aforesaid property subject to Beam Avenue and easements of record. WHEREAS, on December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on January 12, 2009, the city council passed this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city passed this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council passed this resolution on January 12, 2009. January 12, 2009 7 City Council Meeting Minutes EASEMENT VACATION RESOLUTION 09-01-008 WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 2905 Maplewood Drive. This easement is described as follows: Document No. 2182862. A permanent easement for underground utilities over, across and through the following described property, to wit: That part of the South 253.0 feet of the East 608.4 feet of the Northeast'/4 of Section 4, Township 29, Range 22. Lying West of S.T.H. 61 that lies 10 feet on either side of the following described center line, to wit: Beginning at a point in the South line of the NE'/4 said Section 4, 468.4 feet West of the East line thereof; thence North 33 feet to a point in the North right-of-way line of Beam Avenue; thence Northwesterly to a point in the West line of the East 608.4 feet of the NE 1/4, said Section 4, that lies 73 feet North of the South line of the NE 1/4, said Section 4, and there terminating. WHEREAS, on December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on January 12, 2009, the city council passed this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city passed this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council passed this resolution on January 12, 2009. January 12, 2009 8 City Council Meeting Minutes EASEMENT VACATION RESOLUTION 09-01-009 WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 2905 Maplewood Drive. This easement is described as follows: Document No. 2173015. A permanent easement for the construction and maintenance of underground utilities, and their appurtenances, over, under, across and through the following described property, to wit: That part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast'/4 of the Northeast 1/4 that lies 10 feet on either side of a line running parallel to and 73 feet North of the South line of said Southeast'/4 of the Northeast'/4, Section 4, Township 29N, Range 22W, Ramsey County, Minnesota, according to the U.S. Government Survey thereof. WHEREAS, on December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on January 12, 2009, the city council passed this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city passed this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council passed this resolution on January 12, 2009. EASEMENT VACATION RESOLUTION 09-01-010 WHEREAS, Steve McDaniels, of Maplewood Toyota, applied for the vacation of a utility easement on his Maplewood Toyota property, located at 2905 Maplewood Drive. This easement is described as follows: Document No. 772664. January 12, 2009 9 City Council Meeting Minutes Parcel No. 2: 2905 Maplewood Drive, Maplewood, Minnesota 55109 A permanent easement for the construction and maintenance of underground utilities, and their appurtenances, over, under, across and through the following described property, to wit: That part of the South 350 feet of the West 115 feet of the East 723.4 feet of the Southeast'/4 of the Northeast 1/4 that lies 10 feet on either side of a line running parallel to and 73 feet North of the South line of said Southeast'/4 of the Northeast 1/4, Section 4, Township 29N, Range 22W, Ramsey County, Minnesota, according to the U.S. Government Survey thereof. Together with: A temporary construction easement to expire December 31, 1981 for the purpose of constructing underground utilities and their appurtenances, over, under, across and through the following described property, to wit: That part of the first above described tract lying 10 feet on either side of the previously described permanent easement. WHEREAS, on December 2, 2008, the planning commission held a public hearing. The city staff published a notice in the Maplewood Review and sent a notice to the abutting property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation from the city staff. The planning commission recommended that the city council approve this request. WHEREAS, on January 12, 2009, the city council passed this request after considering the recommendations of staff and the planning commission. WHEREAS, after the city passed this vacation, the public interest in the property will go to the adjoining property. NOW, THEREFORE, BE IT RESOLVED that the city council passed the above-described vacation because it is not needed and, therefore, would serve no public purpose. The vacation of this easement is conditioned upon the property owner first rededicating a new easement which would fully cover all public utilities on this property. The Maplewood City Council passed this resolution on January 12, 2009. Seconded by Councilmember Hjelle. Ayes — All The motion passed. L. NEW BUSINESS January 12, 2009 10 City Council Meeting Minutes Approval of 2009, 2010 Contracts Between City of Maplewood and Its Collective Bargaining Associations a. American Federation of State, County and Municipal Employees, Council No. 5, Local 2725 b. International Association of Firefighters, Local 4470 C. International Association of Firefighters, Local 4470-0 d. Law Enforcement Labor Services, Inc. (Local 153) e. Law Enforcement Labor Services, Inc. (Local 173) f. Maplewood Confidential and Supervisory Association g. Metro Supervisory Association i. Human Relations Attorney, Chuck Bethel addressed and answered questions of the council as well as gave the report. ii. Acting City Manager, Public Works Director, Chuck AN answered questions of the council. Councilmember Hjelle moved to Approve the 2009, 2010 Contracts Between City of Maplewood and Its Collective Bargaining Associations. It is further recommended that the Acting City Manager be authorized to accept any minor revisions to such contracts if needed, which do not change any material term or condition or financial obligation of the city in order to expedite execution of the contracts by the city and the unions. Seconded by Councilmember Juenemann. Ayes — Councilmember Hjelle, Juenemann, Nephew, & Rossbach Nay - Mayor Longrie The motion passed. Mayor Longrie requested that her comments be included for the record. Mayor Longrie said the people that she has a duty to represent the highest and the most are the citizens of Maplewood and in order for her to do that she needs to be fully informed and to understand what she is voting on. She has not had the appropriate time to be able to fully review the documents to compare things to last year's contracts. To understand all the numbers that has been talked about here this evening. She thinks it's important that we focus on the fact that when the city council approved the budget a few weeks ago the council set the budget based upon having a 2% raise. She understands that changing some of the medical health care cost may balance out somehow. But the city still ends up over the end goal budget that the council budgeted for. When you look at $25,000, keep in mind that you have many different funds where money comes from and it can be shuffled from here to there. Then changing from the Administrative Sergeant to Deputy Police Chief. There are administrative costs in everything you do. She said maybe the contracts are fine, maybe the numbers are fine but in good conscience she can't vote yes without knowing that and having the time to read it and understand it. Mayor Longrie said she spent a lot of time at City Hall this past week. There was plenty of opportunity for staff to be able to let her know there are a lot of contracts coming down the line and we know Mayor Longrie enjoys looking at the contracts. She said she also knows when she votes no, potentially her no vote could be used against her. Because these are union contracts for employees at city hall. Mayor Longrie said she is voting no because she doesn't have sufficient information to be able to vote yes. Mayor Longrie said she runs the risk that by voting her conscience and voting no, when next fall comes around to run for Mayor again, this is going to information that will be used against her because she voted no. Mayor Longrie wants it on the record that she will not abstain from voting like some councilmember's do when they don't want it to shown they voted yes or no. Mayor Longrie said she doesn't agree with that either. That's why January 12, 2009 11 City Council Meeting Minutes she wants to be clear her reasoning for voting no. Mayor Longrie said she thought it should be written in the agreements that there may be a provision within them that if the city has to lay somebody off they have to go back to the negotiation table to ask union members what they want to do. Mayor Longrie said there are other things that aren't in the contracts that she would have suggested but didn't have the time to talk about these things at the meeting. 2. County Road D (McKnight to Bellaire) — Consider Resolution Authorizing Preparation of Preliminary Report to Advance Project for 2009 Construction a. Acting Public Works Director, Michael Thompson gave the report and answered questions of the council. b. Acting City Manager, Public Works Director Chuck Ahl answered questions of the council. Councilmember Nephew moved to approve the Resolution Ordering the Preparation of the feasibilitv studv for the Countv Road D Improvements from McKnight Road to Lvdia Road to Lydia Avenue, Project 08-20. RESOLUTION 09-01-011 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the County Road D, McKnight Road to Lydia Avenue, City Project 08-20, and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $30,000 are appropriated to prepare this feasibility report. Approved this 12th day of January 2009 Seconded by Councilmember Rossbach. Ayes — All The motion passed. 3. Carsgrove Meadows Area Street Improvements, City Project 08-10, Resolution Accepting Preliminary Report and Calling Public Hearing a. Acting Public Works Director, Michael Thompson gave the report and answered questions of the council. b. Acting City Manager, Public Works Director, answered questions of the report. C. Civil Engineer II, Steve Love answered questions of the council. Councilmember Rossbach moved to approve the Resolution Accepting the Report and Calling for a Public Hearing for 7:00 p.m. Monday, January 26, 2009, for the Carsgrove Meadows Area Street Improvements, City Project 08-10. RESOLUTION 09-01-012 January 12, 2009 12 City Council Meeting Minutes ACCEPTING REPORT AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted August 25th, 2008, a report has been prepared by the city engineering division with reference to the improvement of Carsgrove Meadows Area Street Improvements, City Project 08-10, and this report was received by the council on January 12th, 2009, and WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: 1. The council will consider the Carsgrove Meadows Area Street Improvements in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $2,857,000. 2. A public hearing shall be held on such proposed improvement on the 26th day of January, 2009 in the council chambers of city hall at 7:00 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Approved this 12th day of January 2009 Seconded by Councilmember Juenemann. Ayes — All The motion passed. 4. Castle Avenue Improvements, City Project 08-12 a. Resolution Accepting Preliminary Report and Calling Public Hearing b. Resolution Authorizing Preparation of Plans and Specifications i. Acting City Manager, Public Works Director Chuck AN introduced the item. ii. Acting Public Works Director, Michael Thompson gave the report. Councilmember Nephew moved to approve the Resolution Accepting Preliminary Report and Calling for a Public Hearing and Authorizing Preparation of Plans and Specifications. RESOLUTION 09-01-013 ACCEPTING REPORT, AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS, AND CALLING FOR PUBLIC HEARING WHEREAS, pursuant to resolution of the council adopted August 25th, 2008, a report has been prepared by city staff, with reference to the improvement of the Castle Avenue Improvements, City Project 08-12, by and this report was received by the council on January 12tH 2009. WHEREAS, the report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, January 12, 2009 13 City Council Meeting Minutes NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA: 1. The Council will consider the improvement of such streets in accordance with the report and the assessment of abutting property for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Chapter 429 at an estimated total cost of the improvement of $1,361,200. 2. The city engineer is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 3. The finance director is hereby authorized to make the financial transfers necessary for the preparation of plans and specifications. A project budget of $1,361,200 shall be established. The proposed financing plan is as follows: Source Proposed Amount GO Improvement Bonds $ 422,900.00 MSA $ 401,600.00 Mn/DOT (Turnback) $ 75,000.00 Assessments $ 251,000.00 Sanitary Sewer Fund $ 25,700.00 WAC Fund $ 25,000.00 Environmental Utility Fund $ 150,000.00 Driveways $ 10,000.00 Total $ 1,361,200.00 4. A public hearing shall be held on such proposed improvement on the 26th day of January, 2009 in the council chambers of Maplewood City Hall at 7:15 p.m., and the clerk shall give mailed and published notice of such hearing and improvement as required by law. Seconded by Councilmember Juenemann. The motion passed. Ayes — Al I Councilmember Nephew moved to extend the council meeting past the curfew time to complete the remainder of the aaenda. Seconded by Councilmember Hjelle. The motion passed. January 12, 2009 City Council Meeting Minutes Ayes — Councilmember Hjelle, Nephew and Rossbach Nays — Mayor Longrie, Councilmember Juenemann 14 7. Consideration of 2009 City Council Appointments a. City Clerk, Director of Citizen Services, Karen Guilfoile gave the report and answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Councilmember Hjelle moved to Approve the 2009 City Council Appointments. Appointing Councilmember Will Rossbach as the Acting Mayor for 2009. Seconded by Councilmember Juenemann. Ayes — All The motion passed. 8. Annual Review of the Rules of Procedure for City Council and Council Meetings Manual a. Acting City Manager, Public Works Director Chuck Ahl answered questions of the council. b. City Attorney, Alan Kantrud answered questions of the council. Changing the Manual to read the City Manager shall notify the city council by email or telephone. Councilmember Hjelle moved approval to direct staff to make the appropriate changes to the City Council Rules of Procedure for Council Meetings and Council Administrative Policies as decided by the council. Individuals may have one photo per councilmember along with contact information below the photo, name, telephone number and email address on the city website. Seconded by Councilmember Nephew. Ayes — All The motion passed. 9. Annual Review of Policy and Procedures for a Public Hearing City Clerk, Director of Citizen Services Karen Guilfoile gave the report. a. Acting City Manager, Public Works Director Chuck Ahl answered questions of the council. Councilmember Nephew moved to Approve the 2009 Rules of Procedure for Public Hearings. Seconded by Councilmember Hjelle. The motion passed. 10. Approval of Claims Councilmember Rossbach moved Approval of Claims. ACCOUNTS PAYABLE: $ 304,991.74 Checks # 77278 thru # 77323 Dated 12/23/08 thru 12/23/08 Ayes — Al I $ 289,917.62 Disbursements via debits to checking account Dated 12/11/08 thru 12/18/08 $ 474, 544.60 Checks # 77324 thru # 77381 January 12, 2009 15 City Council Meeting Minutes Dated 12/23/08 thru 12/30/08 112,208.02 Disbursements via debits to checking account dated 12/24/08 thru 01/06/09 321,314.42 Checks #77382 thru #77428 Dated 12/24/08 thru 12/31/08 1,805,466.07 Total Accounts Payable $ 498,318.92 Payroll Checks and Direct Deposits dated 12/26/08 $ 3,400.60 Payroll Deduction check #1006589 thru #1006590 dated 12/26/09 $ 501,719.52 Total Payroll 2.307.185.59 GRAND TOTAL Seconded by Councilmember Hjelle. Ayes — All The motion passed. M. CONSENT AGENDA 1. Councilmember Juenemann moved to approve item 1. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 2. Councilmember Nephew moved to approve items 2-19, 21, 24, 26-28, 30, 33. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 3. Councilmember Nephew moved to approve item 20 with amended language. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 4. Mayor Longrie moved to approve item 22. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 5. Mayor Longrie moved to approve item 23. Seconded by Councilmember Rossbach. Ayes — All January 12, 2009 16 City Council Meeting Minutes The motion passed. 6. Mayor Longrie moved to approve item 25. Seconded by Councilmember Nephew. Ayes — All The motion passed. 7. Councilmember Juenemann moved to approve item 29. Seconded by Councilmember Nephew. Ayes — All 8. Councilmember Juenemann moved to approve item 31. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 9. Councilmember Hjelle moved to approve item 32. Seconded by Councilmember Nephew. Ayes — All The motion passed. 1. Approval of 2009 Liquor License Renewals a. City Clerk, Director of Citizen Services, Karen Guilfoile answered questions of the council. Councilmember Juenemann moved to approve the 2009 Liquor License Renewals. Seconded by Councilmember Rossbach. Ayes — All The motion passed. 2. Lawful Gambling License for Merrick, Inc. at The Chalet. Councilmember Nephew moved to approve the Resolution for the Lawful Gambling License for Merrick, Inc. at The Chalet. RESOLUTION 09-01-006 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Merrick Inc. to operate at The Chalet, located at 1820 Rice Street, Maplewood, Minnesota. 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 license 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. January 12, 2009 17 City Council Meeting Minutes Seconded by Councilmember Hjelle. Ayes — All The motion passed. 3. Lawful Gambling License for Merrick, Inc. at Bleechers Bar and Grill. Councilmember Nephew moved to approve the Resolution for the Lawful Gambling License for Merrick, Inc. at Bleechers Bar and Grill. RESOLUTION 09-01-007 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premise license for lawful gambling is approved for Merrick Inc. to operate at Bleechers Bar & Grill, located at 2220 White Bear Avenue, Maplewood, Minnesota. 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 license 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. 4. Resolution Supporting Maintenance of Local Title and Registration Services for Deputy Registrar. Councilmember Nephew moved to approve the Resolution Supporting Maintenance of Local Title and Registration Services for Deputy Registrar. RESOLUTION 09-01-003 SUPPORTING MAINTENANCE OF LOCAL TITLE AND REGISTRATION SERVICES WHEREAS, the State of Minnesota established a public/private deputy registrar system to provide citizens convenient locations to conduct title registration services for motor vehicles and DNR recreational vehicles; and, WHEREAS, the State of Minnesota in 1949 established a user service fee on motor vehicle transactions to be retained by the deputy registrar to defray the cost of providing the local service; and, WHEREAS, the State of Minnesota has shifted increased costs and responsibilities onto the deputy registrar such as regular replacement schedules of computers and associated electronic equipment, printing of previously supplied state forms, and expanded auditing tasks with additional risks and potential liability that was previously the responsibility of the State; and, WHEREAS, the State of Minnesota now competes with deputy registrar offices for the retention of some user fees that were traditionally retained primarily by deputy registrars; and, January 12, 2009 18 City Council Meeting Minutes WHEREAS, collectively the deputy registrar system handles over one billion dollars of state funds for the State of Minnesota annually on a cash basis only with considerable risk whereby dishonored checks are the responsibility of the deputy registrar in the full amount tendered after remitting the bulk of those funds to the State; and, WHEREAS, the user service fee that should fully support the cost for providing motor vehicle transactions no longer covers the operational costs to maintain most deputy registrar offices. Public deputy registrars must use property tax levy proceeds to subsidize this service. Rural areas with lower volumes are in jeopardy of losing service. NOW, THEREFORE, BE IT RESOLVED that the City of Maplewood supports the State Legislature authorizing the acceptance of more secure alternative payments at deputy registrar offices; and to achieve a greater retention of existing fees or a user service fee increase in the year 2009 to maintain local title and registration service to the citizens of Minnesota. Passed and adopted this 12th day of January, 2009. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 5. Transfers to Close Funds for Public Improvement Projects 02-11, 03-34, 05-11 Councilmember Nephew moved to approve the Transfers to Close Funds for Public Improvement Projects 02-11, 03-34, 05-11 for a transfer of $2,205.56 for the Environmental Utility Fund to the fund for the Dearborn Heights Drainage Improvement Project 02-11, and a $212.84 from the General Fund to the fund for the Lakewood Drive Trail Improvement Project 03-34, and a $438.59 transfer from the fund for Project 07-19 to the fund for Project 05-11 and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 6. Transfer to Close Funds for Public improvement Project 03-04. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 03-04. For a $394,507.37 from the fund for Project 03-04 to the fund for Project 02-08 and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 7. Transfer to Close Funds for Public Improvement Project 03-09. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 03-19. For a $215,868.11 transfer from the fund for the County Road D Water Improvements Project 03-09 to the fund for the Highway 61 improvements between Beam and 694 Project 03-07 and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All January 12, 2009 19 City Council Meeting Minutes The motion passed. 8. Transfer to Close Funds for Public Improvement Project 03-18. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 03-18. For a $93,974.25 transfer from the fund for Project 03-18 to the fund for Project 02- 08 and the appropriate budget changes. Seconded by Councilmember Hjelle. The motion passed. Ayes — All 9. Transfer to Close Funds for Public Works Building Addition Project 03-19. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Works Building Addition Project 03-19. For a $1,534.37 transfer from the fund for Project 03-19 to the General Fund and the appropriate budget changes. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I 10. Transfer to Close Funds for Public Improvement Project 03-27. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 03-27. For a $17,300.83 transfer from the Environmental Utility Fund to the fund for the Edgerton/Roselawn Drainage Improvement Project 03-27 and the appropriate budget changes. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I 11. Transfer to Close Funds for Public Improvement Project 03-31. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 03-31. For a $5,779.06 transfer from the General Fund to the fund for the Trail Improvements at Highway 36 and Hazelwood Project 03-31 and the appropriate budget changes. Seconded by Councilmember Hjelle. The motion passed. Ayes — Al I 12. Transfer to Close Funds for Public Improvement Project 03-39. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 03-39. For a $57,680.28 transfer from the fund for Project 03-39 to the fund for Project 02- 07 and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. January 12, 2009 20 City Council Meeting Minutes 13. Transfer to Close Funds for Public Improvement Project 04-15. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 04-15. For a $148,289.99 transfer from the fund for Project 04-15 to the fund for Project 02-07 and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 14. Transfer to Close Funds for Public Improvement Project 05-16. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 05-16. For a $180,000.00 transfer from the fund for Project 01-15 to the fund for Project 05-16, and a $90,697.06 transfer from the fund for Project 04-15 to the fund for Project 05-16, and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 15. Transfer to Close Funds for Public Improvement Project 05-36. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 05-36. For a $22,183.03 transfer from the fund for Project 05-36 to the Environmental Utility Fund and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 16. Transfer to Close Funds for Public Improvement Project 06-04. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 06-04. For a $3,044.88 transfer from the fund for Project 07-15 to the fund for Project 06- 04, a $36,252.88 transfer from the fund for Project 06-04 to the Environmental Utility Fund and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 17. Transfer to Close Funds for Public Improvement Project 06-15. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 06-15. For a $50,825.06 transfer from the fund for Project 06-15 to the Environmental Utility Fund and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. January 12, 2009 21 City Council Meeting Minutes 18. Transfer to Close Funds for Public Improvement Project 06-21. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 06-21. For a $407.47 transfer from the fund for Project 06-21 to the General Fund for indirect overhead costs and the appropriate budget changes. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 19. Transfer to Close Funds for Public Improvement Project 07-03. Councilmember Nephew moved to approve the Transfer to Close Funds for Public Improvement Project 07-03. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 20. Write -Off Uncollectible Ambulance Bills for 2006. a. Finance Director, Bob Mittet answered questions of the council. Councilmember Nephew moved to approve that $1,225,514.67 of ambulance bills are written off as uncollectible and that the Finance Director be awthdirected to report and to write off uncollectible accounts annually. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 21. Priory Public Improvements (St. Paul's Monastery), City Project 07-24, Resolution for Modification of the Existing Construction Contract, change Order No. 2. Councilmember Nephew moved to approve Priory Public Improvements (St. Paul's Monastery), City Project 07-24, Resolution for Modification of the Existing Construction Contract, Change Order No. 2. RESOLUTION 09-01-014 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 07-24, CHANGE ORDER NO.2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-24, Priory Public Improvements (St. Paul's Monastery), and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-24, Change Order No.2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, M I N N ESOTA that: The mayor and city engineer are hereby authorized and directed to modify the existing January 12, 2009 22 City Council Meeting Minutes contract by executing said Change Order No.2 in the amount of $1,475.00. The revised contract amount is $708,955.79. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 22. Mayor Longrie moved to approve Authorization to Make Payment for Eden Systems Yearly Support Contract in the amount of $51,404.17. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 23. Mayor Longrie moved to adopt the ordinance change which contains housekeeping and clarifying language for various elements of the city's code provisions for building construction. BUILDING CODE ORDINANCE CHANGE 837 Corrections to Chapter 12 Buildings and Building Regulations Sec 12-36. Application, administration and enforcement. The application, administration, and enforcement of the code shall be in accordance with Minnesota State Building Code. The code shall be enforced within the extraterritorial limits permitted by Minnesota Statutes, 32613.121 Subdivision 2(d) 16B.62suhsion T, when so established by this ordinance. The code enforcement agency of this municipality is called the building official. This code shall be enforced by the Minnesota Certified Building Official designated by this Municipality to administer the code (Minnesota statute 326B.133, Subdivision 1. 46B.65) ci ihdivicinn 'I Sec 12-37. Permits and fees. The issuance of permits and the collection of fees shall be as authorized in Minnesota Rules Chapter 1300. Statues, 169.62,subdivis,ep I Permit fees shall be assessed for work governed by this code in accordance with the fee schedule adopted by the municipality by resolution. In addition, a surcharge fee shall be collected on all permits issued for work governed by this code in accordance with Minnesota Statute 326B.148. 46R 70 Sec 12-38. Violations and penalties. A violation of the code is a misdemeanor (Minnesota Statutes 326B.082, Subdivision 16.469 Sec. 12-39. Adoption. An ordinance adopting the Minnesota State Building Code. This ordinance: provides for the application, administration, and enforcement of the Minnesota State Building Code by regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, January 12, 2009 23 City Council Meeting Minutes conversion, occupancy, equipment, use, height, area, and maintenance of all buildings and/or structures in this municipality; provides for the issuance of permits and collection of fees thereof; provides penalties for violation thereof; repeals all ordinances and parts of ordinances that conflict therewith. This ordinance shall perpetually include the most current edition of the optional appendix chapters. Optional appendix chapters shall not apply unless specifically adopted. This municipality does ordain as follows: (a) Codes adopted by reference. The Minnesota State Building Code, as adopted by the Commissioner of Labor and Industry Admiristrati„r pursuant to Minnesota Statutes chapter 326B, including all of the amendments, rules and regulations established, adopted and published from time to time by the Minnesota Commissioner of Labor and Industry 4rlminic+ratinn through the Building Codes and Standards Unit, Division is hereby adopted by reference with the exception of the optional chapters, unless specifically adopted in this ordinance. The Minnesota State Building Code is hereby incorporated in this ordinance as if fully set out herein. (b) Building Code Optional Chapters. The Minnesota State Building Code, Chapter 1300 cc+ -a -him shed pursuant to NAinnocn+- 16-8.5-9- +n 1.6R 75 allows the municipality to adopt by reference and enforce certain optional chapters of the most current edition of the Minnesota State Building Code. (c) The following optional provisions identified in the most current edition of the State Building Code are hereby adopted and incorporated as part of the building code for this municipality. 1. Option Grading 2006 IBC Appendix J. 2. Option 1306.0020 Subpart 3, Option #2, Special Fire Protection system. Existing & New Buildings Special Fire Protection System. 3. Option 1335, Flood Proofing Regulation. Update was on May 27, 2003. Update was on August 27, 2007. Ayes -All Ayes -All Seconded by Councilmember Rossbach. Ayes — All The motion passed. 24. Consider Approval to Extend Lease Agreement with Gethsemane Church Thru April 2009. Councilmember Nephew moved Approval to Extend Lease Agreement with Gethsemane Church in the amount of $2,200 a month for the period from January 1, 2009 thru April 30, 2009, with the following provision: The $2,200 per month lease payment ($8,800 total) will be credited back to the City as an offset against the purchase price of the proposed park land. ADDENDUM: GETHSEMANE CHURCH LEASE AGREEMENT EXTENSION BEGINNING JANUARY 1, 2009 AND ENDING ON APRIL 30, 2009 The provisions within the existing executed lease agreement, authorized by City Council at the July 14, 2008 City Council, will be in force with the following two exceptions: Item 1. Term of Lease. The Lease shall start on January 1, 2009 and continue to April 30, 2009. January 12, 2009 24 City Council Meeting Minutes Item 2 Rent. Tenant shall pay rent to Landlord in the amount of $2,200 a month for the lease period that runs from January 1, 2009 thru April 30, 2009. In addition, the $2,200 per month lease payment shall be credited back to the City as an offset against the purchase price of the proposed park land. If an agreement is not reached between the two parties regarding the purchase of the park land, this offset provision would be nullified. 15. Notices. Whenever it shall be required or permitted by this Agreement that notice or demand be given or served by either party to or on the other party, such notice or demand shall be delivered personally or mailed by United States mail to the addresses hereinafter set forth by certified mail. Such notice or demand shall be deemed timely given when delivered personally or when deposited in the mail in accordance with the above. The addresses of the parties hereto for such mail purposes are as follows, until written notice of such address has been given: As to the City: City of Maplewood 1830 County Road B East Maplewood, MN 55109 As to the Landowner: Gethsemane Lutheran Church Mr. Douglas A. Angerer Congregation President 2410 Stillwater Road Maplewood, MN 55119 IN WITNESS WHEREOF, Landlord and Tenant have signed this Addendum to the Lease Agreement between Gethsemane Church and the City of Maplewood. GETHSEMANE LUTHERAN CHURCH go Congregational President THE CITY OF MAPLEWOOD go And 0 Diana Longrie, Mayor City of Maplewood 1830 County Road B East Maplewood, MN 55109 Chuck Ahl, Acting City Manager, City of Maplewood 1830 County Road B East Maplewood, MN 55109 January 12, 2009 25 City Council Meeting Minutes And 0 is Seconded by Councilmember Hjelle. The motion passed. Alan Kantrud, City Attorney, City of Maplewood 1830 County Road B East Maplewood, MN 55109 Karen Guilfoile, City Clerk City of Maplewood 1830 County Road B East Maplewood, MN 55109 Ayes — All 25. Consider Approval of 2009 SCORE Funding Grant Application. Mayor Longrie moved Approval of 2009 SCORE Funding Grant Application in the amount of $72,570. SAINT PAUL - RAMSEY COUNTY DEPARTMENT OF PUBLIC HEALTH ENVIRONMENTAL HEALTH SECTION 2009 SCORE FUNDING GRANT APPLICATION CITY/TOWNSHIP: CONTACT PERSON: ADDRESS PHONE: FAX: EMAI L: SCORE GRANT REQUEST City of Maplewood Bill Priefer 1902 County Road B East, Maplewood, MN 55109 651-249-2406 651-249-2409 bill. priefer@ci. maplewood. mn. us 1. What measurable goals does your municipality have for waste reduction and recycling activities in 2009? Please describe how progress toward these goals will be measured and evaluated. At least ONE measurable goal must be listed. Continue to increase participation at multi -family locations. Progress will be measured by examining pulls from these locations and determining if increases in material recycling tonnage were observed. January 12, 2009 26 City Council Meeting Minutes Away from home recycling and recycling at large events and in other public spaces will be studied. Pilot programs will be initiated to determine the best approach to increase recycling away from home. 2. Describe the activities a SCORE grant would be used for in your municipality and how these funds will enhance your existing waste reduction and recycling programs. Identify expenses for activities within each applicable budget category. Recycling collection containers (clear streams, "pop bottle" container etc) will be purchased to initiate the public space recycling initiative in our parks and at community events (i.e.: The Taste of Maplewood, 4th of July etc). PROPOSED SCORE BUDGET—SCORE EXPENSES ONLY ADMINISTRATION Total: $ Please detail activities and expenses: PROMOTION ACTIVITIES Total: Please detail activities and expenses: EQUIPMENT Total: $ 2,000 Please detail activities and expenses: COLLECTION OF RECYCLABLES Total: $70,570 Please detail activities and expenses: TOTAL SCORE GRANT Requested $72,570 RECYCLING BUDGET 3. Attach a copy of your 2009 municipal budget for all recycling activities, including all funding sources. If your governing body has not adopted the budget, attach the most current draft budget. PUBLIC ENTITIES LAW COMPLIANCE 4. Attach a copy of the disclosure from your hauler(s), or a copy of the relevant portion of any contracts with haulers, that specifies the facility at which waste collected from municipal facilities is deposited. Minn. Stat. § 115A.9302 requires haulers to disclose this information to customers annually. RESOLUTION 5. Attach a resolution from your governing body requesting the SCORE funding allocation, or a certified copy of the official proceedings at which the request was approved. SCORE grants agreements cannot be issued without such an attachment. NAME OF PERSON AUTHORIZED TO SUBMIT GRANT January 12, 2009 City Council Meeting Minutes 27 SIGNATURE (electronic signature is acceptable) TITLE DATE Applications will be considered complete when items 1 — 5 above are submitted and a signature is on file. SCORE Program Saint Paul — Ramsey County Department of Public Health Environmental Health Section 2785 White Bear Avenue N., Suite 350 Maplewood, MN 55109-1320 Seconded by Councilmember Nephew. Ayes — All The motion passed. 26. Council Consider Approval of Acceptance of Donation From Friends of Maplewood Nature Center. Councilmember Nephew moved to approve the Resolution Accepting the $480 Donation From Friends of Maplewood Nature Center. RESOLUTION 09-01-015 ACCEPTANCE OF DONATION WHEREAS the Maplewood Nature Center has received a $480 donation from the Friends of Maplewood Nature for the development of energy conservation curriculum, NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council authorizes the Community Development and Parks Department to accept this $480 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on SIGNED: (Signature) Mayor (Date) (Signature) City Clerk. Seconded by Councilmember Hjelle. Ayes — All WITNESSED: (Date) January 12, 2009 28 City Council Meeting Minutes The motion passed. 27. Consider Approval of Extension of Metro Gang Strike Force Agreement. Councilmember Nephew moved to approve the Extension of Metro Gang Strike Force Agreement through December 31, 2009. January 12, 2009 29 City Council Meeting Minutes January 12, 2009 30 City Council Meeting Minutes January 12, 2009 31 City Council Meeting Minutes Seconded by Councilmember Hjelle. Ayes — All The motion passed. 28. Consider Approval of Acceptance of Donation to the Police Department From Schmelz Countryside. Councilmember Nephew moved to approve Consider Approval of Acceptance of Donation to the Police Department From Schmelz Countryside. Resolution 09-01-016 January 12, 2009 32 City Council Meeting Minutes Seconded by Councilmember Hjelle. Ayes — All The motion passed. 29. Consider Approval of 2009 Animal Control Services Contract. Councilmember Juenemann moved to approve the 2009 Animal Control Services Contract. January 12, 2009 33 City Council Meeting Minutes January 12, 2009 34 City Council Meeting Minutes Richard L. Ruzicka Animal Control Services City of Maplewood go Its: January 12, 2009 35 City Council Meeting Minutes Seconded by Councilmember Nephew. Ayes — All The motion passed. 30. Temporary/Seasonal Employees — Consider Resolution Establishing 2009 Pay Rates January 12, 2009 36 City Council Meeting Minutes Councilmember Nephew moved to approve the Temporary/Seasonal Employees - Consider Resolution Establishing 2009 Pay Rates. RESOLUTION 09-01-017 WHEREAS, according to the Minnesota Public Employees Labor Relations act, part-time employees who do not work more than 14 hour per week and temporary/seasonal employees who work in positions that do not exceed 67 days in a calendar year, or 100 days for full-time students, are not public employees and are therefore not eligible for membership in a public employee union. NOW, THEREFORE, BE IT RESOLVED, that the following pay ranges and job classifications are hereby established for temporary/seasonal, casual part-time (14 hours or fewer/wk) and paid -per -call employees effective January 1, 2009 upon Council approval. Accountant $10.00-30.00 per hour Accounting Technician $9.00-22.00 per hour Administrative Assistant $9.00-23.00 per hour Background Investigator $25.00-35.00 per hour Building Inspector $14.00-35.00 per hour Building Attendant $6.55-15.00 per hour Clerk $7.50-15.00 per hour Customer Service Assistant $6.55-15.00 per hour CSO $8.00-16.00 per hour Data Entry Operator $8.00-12.00 per hour Election Judge $6.55-12.00 per hour Election Judge - Assistant Chair $9.00-15.00 per hour Election Precinct Chair $9.00-16.00 per hour Engineering Aide $7.00-16.00 per hour Engineering Technician $10.00-16.00 per hour Fire Department Custodian $600-690 per quarter Firefighter -Paid -Per -Call $9.00, $11.26, $15.77 per run $18.00 per drill Firefighter -Paid -Per -Call - Paramedic Call Pay 31.54 per run Intern $6.55-20.00 per hour IT Technician $15.00-20.00 per hour Laborer $6.55-14.00 per hour Lifeguard $6.55-14.00 per hour Manager on Duty Differential $1.00 per hour Office Specialist $8.50-18.00 per hour Paramedic $17.00-22.00 per hour Receptionist $8.00-16.00 per hour Recreation Instructor/Leader $6.55-32.00 per hour Recreation Official $6.55-30.00 per hour Recreation Worker $6.55-18.00 per hour Theater Technician $20.00-30.00 per hour Vehicle Technician $9.00-15.00 per hour Video Coordinator* $11.00-19.00 per hour Video Technician* $10.00-18.00 per hour Water Safety Instructor (WSI) $7.50-16.00 per hour WSI & Head Lifeguard Differential $1.00 per hour (Lifeguards or WSIs working as Head Lifeguards; Lifeguards working as WSIs) *Video positions shall be paid a guaranteed minimum flat fee of $50 for 4 hours or less. January 12, 2009 37 City Council Meeting Minutes BE IT FURTHER RESOLVED, that the City Manager shall have the authority to set the pay rate within the above ranges. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 31. Resolution Approving Certification of Special Assessments for Unpaid Miscellaneous Charges. Councilmember Juenemann moved to approve the Resolution adopting to certify $9,203.23 of unpaid miscellaneous charges for collection with 2009 property taxes with interest at the rate of eight percent on the total amount for one year. RESOLUTION 09-01-001 Approving Certification of Special Assessments for Unpaid Miscellaneous Charges RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following miscellaneous charges totaling $9,203.23 for collection with the taxes of said property owner for the year 2008, collectible in 2009, with interest at the rate of eight percent (8%) on the total amount for one year. Seconded by Councilmember Hjelle. Ayes — All The motion passed. 32. Resolution Approving Certification of Special Assessments For Unpaid Ambulance Bills Councilmember Hjelle moved to approve the Resolution Approving Certification of Special Assessments for Unpaid Ambulance Bills in the amount of $43,339.55 as special assessments for collection with 2009 property taxes with interest at the rate of eight percent on the total amount for one year. RESOLUTION 09-01-002 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling $43,339.55 for collection with the taxes of said property owner for the year 2008, collectible in 2009 with interest at the rate of eight percent (8%) on the total amount for one year. Seconded by Councilmember Nephew. Ayes — All The motion passed. 33. Resolution Designating Depositories For Investments January 12, 2009 38 City Council Meeting Minutes Councilmember Nephew moved to approve the Resolution Designating Depositories For Investments. RESOLUTION 09-01-018 Seconded by Councilmember Hjelle. Ayes — All The motion passed. N. AWARD OF BIDS None. O. VISITOR PRESENTATIONS — PART II None. (*COUNCIL PRESENTATIONS MOVED TO THE END OF THE COUNCIL MEETING) H. COUNCIL PRESENTATIONS January 12, 2009 39 City Council Meeting Minutes 1-11. Ramsey County League of Local Governments — Councilmember Rossbach Councilmember Rossbach said the RCLCG is having an upcoming meeting on January 22, 2009, to meet with legislators. The RCLCG is cutting back on the number of printed booklets to handout. An electronic version of the booklet will be available. (Mr. AN requested 10 paper copies of the booklet.) H2. Cable Commission Report — Councilmember Nephew Councilmember Nephew said the City of North St. Paul is doing an $18 million bond referendum to build a fiber optic network to every business and resident in North St. Paul if it passes along with operating cable telephone and data as a City Utility. There was also a discussion regarding future web casting of city meetings. More information will be available in the near future regarding this. H3. Ramsey County Study Dispatch Center — Councilmember Juenemann Councilmember Juenemann gave an update regarding the Ramsey County Dispatch Center. (Maplewood Police Chief Thomalla gave a brief update as he serves on the board) H4. Smoke Task Force Meeting — Thursday, January 15, 2009, 7 p.m. — Mayor Longrie & Councilmember Rossbach. Councilmember Rossbach gave an update that there is a Smoke Task Force meeting at Thursday, January 15, 2009, at 7 p.m. at Maplewood City Hall. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 12:14 a.m. January 12, 2009 40 City Council Meeting Minutes For The Permanent Record Meeting Date: %. )�2• iq� F Agenda Item #: Report to City Council Regarding City Manager Candidates Citizen & Business Panel January 12, 2009 Panel Members: Kay Baker, Jon Brandt, Chuck Christensen, Tushar Desai, Paul Ellefson, George Gonzalez, John Gores, Jon Melander, Gary Pearson, Joe Waters, Ginny Yingling The members of the Citizen and Business Panel are pleased to present this report to the city council regarding our evaluation of the three candidates for the position of City Manger. We appreciate having had the opportunity to serve our community in this important process. The panel completed a two -fold assessment process involving formal interviews as a panel and informal one-on-one discussions with each candidate during an evening reception. The interviews and reception occurred on Tuesday, January 6. The panel met on January 6 (following the interviews) and January 7 (following the reception) to discuss each candidate and consider their relative strengths and weaknesses. This report provides a summary of individual panel members' rankings as well as a compilation of the panel discussions. It should be noted that this report is based on how the candidates answered formal interview questions that were posed, described their character, approach, or experience with city government, and the impressions gained by more informal discussions with panel members. No attempts were made by the panel to verify their answers, descriptions, or assertions. The report attempts to reflect a variety of opinions expressed by individual panel members, as well as dissenting opinions. However, any given statement or observation in this report may not reflect a consensus of the panel. Our interview questions focused on the following areas: • Vision & Direction for the City • Fiscal & Budgetary Management • Communication with Customers of the City/Citizen Involvement • Communication within City Government • Intergovernmental Cooperation and Relations • Human Resources Management, Leadership, and Management Style • Community Development and Redevelopment • Management of Conflict and Discord • Employee Relations, Including Seasonal and Part-time Staff The candidate reviews are presented in alphabetical order. Each candidate is evaluated through a narrative of the panel's assessment of the candidates in each of the interview areas, as well as a description of the panel members' overall impressions of each Page 2 — Citizen/Business Panel Report candidate, based on our post -interview and post -reception discussions. Panel members also scored the candidates in each of the interview areas on a scale of 1 — 5 (1 = poor, 2 = below satisfactory, 3 = satisfactory/average, 4 = very good, 5 = excellent). The average of the panel members' scores is included at the end of each section and compiled in Table 1 at the end of this report. Finally, each panel member ranked their preference for the candidates, and these are presented as "Panel Rankings" at the end of each candidate section and compiled in Table 2 at the end of this report. James Antonen Vision & Direction for the City: Mr. Antonen stated he had no set agenda, and that setting the vision for the city is the responsibility of the city council and citizens. He described some of the processes he would use to help facilitate that process: setting up sharettes for public input, holding strategic planning retreats for the city council, etc. However, he noted that one of his first tasks would be to evaluate the city's infrastructure reinvestment needs, given the possibility of seeking federal economic stimulus funds. As part of a separate question, he also discussed ways to create a sustainable city, including green building, energy efficiency, and working to bring in and retain new businesses. Average score: 3.5 Fiscal & Bud etary Management: Mr. Antonen described himself as a fiscal conservative and emphasized the need to manage within the city's means and maintain level budgets by keeping adequate reserves. However, in discussing the budget reserves in the city of Davis, Mr. Antonen's comments created some confusion for panel members regarding the level of reserve maintained relative to the amount approved by city council and this raised concerns about the transparency of the budget management process. The panel did not get a chance to follow up on that point. Mr. Antonen was very enthusiastic about using tax increment financing to attract business, but was also clear on the need to use it wisely and having a timeline for the TIF to sunset. Having worked in cities of different sizes with significantly different budget systems appears to have provided Mr. Antonen with broad base of experience for developing creative budget management solutions. Average score: 3.8 Communications with Customers of the City/ Citizen Involvement: Mr. Antonen described some of the creative means used by the City of Davis to connect with the public, including having a booth at the farmer's market where information about citizen commissions were posted on a revolving basis, two members of the council were present to discuss issues with residents, and there was a "complaint box". The city of Davis also uses cable TV, webcasting, and a quarterly newsletter to make city meetings and information accessible. Mr. Antonen said that he helped establish biennial meetings between the city council and citizen advisory commissions to promote collaboration and Page 3 — Citizen/Business Panel Report communication. He emphasized that the important elements of working and communicating with the public are to the main thing is to listen, pay attention to the little things (like city services), create a culture of customer service, and treat everyone with respect. He maintains an open door policy for citizens to communicate concerns and discussed the need to create venues for public input. Mr. Antonen also noted that citizens need to have access to information, but a city needs to establish clear policies regarding what size of request triggers a fee, to manage what could be perceived as frivolous demands on city resources. Average score: 4.1 Communication within City Government: Mr. Antonen observed that the mayor is the "first among equals" and the city manager needs to develop a special relationship with that person, but communications must be equal with the mayor and all the members of the council. He emphasized the need to work from a basis of "respect, honesty, and ethics", and particularly that you tell everyone the same thing, even if they disagree with you. He stated that he felt an important responsibility of the city manager is to act as a "buffer" between the council and staff, to protect them from politics and to blunt the forays of the council into city operations. Average Score: 3.9 (Note: one panel mbr. did not score Mr. Antonen in this area, average based on 10 scores) Intergovernmental Cooperation and Relations: Mr. Antonen has extensive experience in intergovernmental relations in a variety of settings. He described his involvement while city manager of Moorhead in establishing the Western Area City Cooperative, which began as a bulk buying program, but ultimately provided cities in western Minnesota with opportunities for joint training, joint equipment rental, etc. He was also involved in helping establish a multi -county and city emergency dispatch service and negotiating a joint powers agreement between the police and fire departments at UC -Davis and the city of Davis. He has worked at the federal level and seemed very familiar seeking federal funds. Mr. Antonen also provided several specific examples of how he has initiated creative intergovernmental collaborative efforts. One example involved the use of county jail inmates, after the Red River flood, to empty sandbags and store them for future use, demonstrating efficient, cost saving measures. Mr. Antonen was the Chariman of the League of Minnesota Cities Insurance Board. Average score: 4.3 Page 4 — Citizen/Business Panel Report Human Resources/Management Std: Mr. Antonen described his management style as team coaching and that his goal is to support staff and encourage and empower them to take on challenges. He noted that he prefers to have his staff make reports to the city council, both to increase communications between staff and council and to give staff more ownership of their work. He seems to be particularly enthusiastic about staff development and described a number of approaches he takes to help his staff grow, including department head cross -training, encouraging training and mentoring to develop leadership within, and supporting staff when they seek to gain additional education. He also promotes the use of interns to provide his staff with opportunities to mentor. He stated that the city manager is the chief executive who implements the city council's policies, while protecting the staff from city politics. He mentioned that mistakes happen and that is how staff learn and develop, so you don't fire someone without cause. Average score: 4.5 Community Development/Redevelopment: As city manager in Davis, CA, a "no -growth" city, Mr. Antonen has extensive experience with redevelopment. He noted that a healthy business community is vital to sustaining a healthy community, and that he had annual visits with business leaders in Davis to solicit input and ideas. He also talked about the need to have staff specifically focused on recruitment and retention of businesses. Mr. Antonen is also very familiar with the challenges of redevelopment in a fully developed city, discussed the need to seek input early from business owners and the community before starting a redevelopment project, and described the value of mixed use, new urban design, and green building standards in creating more sustainable communities. He also described how he used TIF as an incentive to get developers to pay for services and amenities. He also talked about the importance of the city taking a leadership role in piloting green and sustainable development, to encourage their adoption by the community at large. Average score: 4.5 Management of Conflict and Discord: Mr. Antonen described a proactive approach for dealing with conflict at different levels (public, staff, city council). He described the high degree of discord on the Davis city council and how he sought to address this by the use of facilitators, council retreats, and Meyers -Briggs assessments to help them understand each others' perspective. As an example of managing public discord, he described how he handled public opposition and concern regarding a bio -lab proposed at UC -Davis. He has also had many experiences with union grievances, as the city of Davis had over 500 employees and multiple unions. The main things he emphasized were the need to confront conflict before it festers, remain open minded, listen with compassion and be honest. He also noted that it's important to keep a finger on the pulse of the community to identify problems, try to resolve issues before they get to the council, and pay attention to the small things because they may be a big issue to others. Average score: 4.2 Page 5 — Citizen/Business Panel Report Employee Relations, Including Part-time and Seasonal Staff. As city manager of the city of Davis, Mr. Antonen met regularly with all staff to recognize their efforts with pizza parties, etc. Again, his focus on staff development came through as he discussed his enthusiasm for having interns, noting that many interns at the city of Davis went on to successful careers in public administration. Mr. Antonen stated that he has an open door policy for all staff, but he does expect his staff to follow the chain of command. During His terms in both Moorhead and Davis the cities established citizen police academy and Volunteers In Police Services programs. While he was at Vermillion, the city had a 70 person volunteer fire department, though Mr. Antonen says he has a preference for a mixed full time & volunteer fire department. Average score: 3.7 (Note: one panel mbr. did not score Mr. Antonen in this area, average based on 10 scores) Overall Impression: Mr. Antonen has a very broad range of city management experience, having worked in cities both smaller and larger than Maplewood. Many members of the panel perceived him to be a strategic, hands-on, proactive manager who would provide a steady presence. He appears to have particular strengths in staff development, intergovernmental relationships, and engagement with the business community. Although he appears to have strong fiscal management skills, it was unclear how transparent his budget management practices are and we would recommend the city council explore this further with him. Mr. Antonen also has a disarming sense of humor, although several panel members were taken aback by the use of the abbreviation "SOB" while jokingly referring to himself in a self -deprecating comment. However, several other members felt in the context of the comment it was not offensive. Panel Rankings: Five panel members ranked Mr. Antonen as their first choice, five ranked him as their second choice, and one ranked him as their third choice. Dan Donahue Vision & Direction for the City: Mr. Donahue stated that setting the vision for the city is the responsibility of the city council. He indicated that it is the responsibility of the city manager to foster an environment and facilitate a process that allows all stakeholders to have input to developing the vision and direction for the city. Average score: 2.6 Page 6 — Citizen/Business Panel Report Fiscal & Budgetary Management: Mr. Donahue appears to have solid and extensive experience in fiscally conservative budget management. He presented a forthright approach to handling difficult budget issues, including not "sugar-coating" the situation, seek broad input from council, staff, and citizens regarding solutions, and make the hard decisions about budget cuts where needed. Mr. Donahue was involved in the creation of LOGIS, a city government accounting system used by many Minnesota city governments, and has extensive experience with it. Average score: 3.4 Communication with Customers of the City/Citizen Involvement: Some panel members felt Mr. Donahue was rather vague in his responses in this area and gave rather generic answers often lacking in specifics. He did indicate he prefers a team approach, the use of strategic planning processes, and surveys as means of soliciting public input. However, some panel members felt that direct engagement with citizens and citizen groups does not appear to be an area of strength for Mr. Donahue. Average score: 2.7 Communication within City Government: Mr. Donahue emphasized the need for openness and transparency in government, and that it was particularly important that the mayor and members of the city council be dealt with equitably in terms of communications. He explained that he met regularly with the mayor, but provided weekly memos to the council to keep them apprised of events and that all communications with one member was copied to all. Regarding staff he discussed the need to seek feedback from staff. Average score: 3.3 Intergovernmental Cooperation and Relations: Mr. Donahue appears to have developed substantial skills in this regard, having dealt with over 50 intercity agreements, approximately 20 of which were formal agreements for shared services. However, he also noted that not all services can be shared — that even when such sharing might make fiscal sense, they may not be politically feasible. He spoke of treating other units of government as partners and having early input to plans of other cities and agencies when they may impact the city. His experience in a suburban city has also given him valuable knowledge in working with the Metropolitan Council. Average score: 3.8 Human Resources Management, Leadership, and Management Std: Mr. Donahue was the recipient of a Bush Fellowship, indicating that he has demonstrated significant skills in public management and administration. However, some panel members felt Mr. Donahue seemed to have difficulty articulating his management style. He did note a preference for facilitating rather than directing staff and ultimately described himself as a "servant leader" who gets things done through people by giving them authority and ownership of their work. He discussed in general terms the need to create an Page 7 — Citizen/Business Panel Report environment in which solutions will emerge. Answers to requests for specific examples of how he has demonstrated leadership in the past were at times quite vague. Some panel members felt that Mr. Donahue would not be the ."ship's captain", but rather engage in considerable delegation of responsibility to staff. Average score: 2.8 Community Development and Redevelopment: Mr. Donahue provided several keen insights regarding the differences between development and redevelopment, and the particular challenges involved in putting all the pieces together for redevelopment projects such as Maplewood might face in the years ahead. However, some panel members felt his responses lacked specifics regarding his past experiences with redevelopment projects and how such projects can be used to revitalize a community. Average score: 3.4 Management of Conflict and Discord: Mr. Donahue discussed the need to "step back" to evaluate the conflict, listen empathetically, establish a clear and fair process to handle the conflict, work to take the emotion out of the situation, and seek common ground between those in conflict. However, he did not provide any specific examples of how he had managed conflict and some panel members felt his responses in this regard were rather vague. When specifically asked about disrespectful behavior between members of the city council, he responded that respect is essential, but gave no indication of the steps he would take to try to resolve such behavior. Average score: 3.1 Employee Relations, Including Seasonal_ and Part-time Staff: Mr. Donahue's response to questions about how he interacts with staff, particularly part-time and seasonal staff and volunteers, were vague. He did discuss some of the systems he has used in the workplace. Average score: 2.7 (Note: one panel mbr. did not score Mr. Donahue in this* area, average based on 10 scores) Overall Impression: Mr. Donahue appears to be a very skilled and experienced city administrator, with particular strengths at fiscal management, strategic planning, and intergovernmental relations. He has extensive experience and familiarity with the various levels of government in the Twin Cities, and has spent his career working in one first ring suburb, which likely could provide him with insights into the challenges Maplewood faces. He presented a calm, "unflappable" presence and would likely be able to rise above the fray, no matter what the situation. However, some members of the panel felt Mr. Donahue was vague in his responses to questions, failing to provide specific examples of his experiences or approaches. Page 8 — Citizen/Business Panel Report Panel Rankings: Two panel members ranked Mr. Donahue as their second choice and nine ranked him as their third choice. Tim Madigan Vision & Direction for the City: While Mr. Madigan stated that setting the vision for the city was the responsibility of the city council, mayor, and citizens, he said that his vision for the city was that when people heard "City of Maplewood" they would think "quality", and that the city needs to focus on our many positive assets and build on those. He also discussed the need to encourage and support existing businesses and bring new businesses into the community. Average score: 3.5 Fiscal & BudgetarManagement: Mr. Madigan indicated that budget management is the city manager's number one job. He noted that the city where he is currently employed is in good financial shape, even though they face the loss of substantial state aid under the current state budget crisis. Mr. Madigan articulated a forward-looking philosophy regarding fiscal management, aimed at achieving stability and predictability in budgets and strategically reinvesting in the community. He described the importance of maintaining budget reserves, projecting debt levies out 10-15 years, completing annual debt management studies, and layering debt to maintain, as much as possible, level budgets with no "peaks and valleys". He also spoke of bringing in expert advice when needed and described his experience in seeking federal funds. Average score: 4.1 Communication with Customers of the City/ Citizen Involvement: Mr. Madigan indicated the city where he is currently employed has over 100 citizen volunteers involved in various commissions and other city efforts. He discussed how vital cultural and social services can be brought to the community when the city provides some minimal support to non -profits and service groups, such as helping them advertise their services and events, provide logistics support, etc. He also described his commitment to meeting with service and civic groups, which provides both formal and informal opportunities for two- way communication with the public. He demonstrated a good understanding and respect of the spectrum of citizen involvement, described how he works to instill a culture of customer service with his staff, talked about the need to make information available to the public, and the need for proactive engagement with the public. As an example, Mr. Madigan noted that he requires developers to meet with neighbors and community Page 9 — Citizen/Business Panel Report members to identify and address their concerns before bringing development plans before the city council. In another example, he described working directly with business -owners to hammer out schedules, logistics, and other details of a major utility project to minimize impact to their businesses, and when the schedule was not being met, bringing the business -owners and contractor together to air concerns and resolve the problem. Average score: 4.1 (Note: one panel mbr. did not score Mr. Madigan in this area, average based on 10 scores) Communication within City Government: Mr. Madigan identified openness, transparency, and respect as being key aspects of interpersonal relationships. He noted that while the mayor is the first among equals, and the relationship between mayor and city manager is critical to the smooth functioning of the council, he also described the need to treat all members of the council equally in communications, noting specifically that if one member requested information, all members would be copied on his response. He expressed sensitivity to city council dynamics, particularly the potential for friction between newer and longer-term members and described how he tried to take a coaching approach with council members on city council relationships, offering a "third person" perspective. Mr. Madigan also discussed the need to keep communications open during and after changes in city operations, as the impacts of such changes may be long-term and gave the example of consolidating the emergency dispatch services of several communities. Average score: 4.1 Intergovernmental Cooperation and Relations: Despite having most of his experience in a smaller community city government, Mr. Madigan provided solid examples of his experience in working with neighboring cities and county governments to develop over 20 shared services and joint partnership agreements. Also, Mr. Madigan has been the president of the Minnesota City Managers' Association, has been a board member of the League of Minnesota Cities, and has experience working with the Minnesota Legislature, through which he has developed a network of connections. Average score: 4.2 Human Resources Managernent Leadershipand Management Style: Mr. Madigan indicated he prefers a team management style, but that the situation determines his exact approach. He considers one of the key roles of the city manager to be meshing the goals of the city council with the goals of the staff, to ensure that the city council's policy objectives are implemented. He also noted that it was important for everyone in city government — council, staff, and citizens to understand and respect the roles each plays. Mr. Madigan also described creating a variety of formal and informal communication opportunities for staff. Average score: 4.2 Page 10 — Citizen/Business Panel Report Community Development and Redevelopment:. Mr. Madigan emphasized the need for early involvement of the community in any redevelopment project, because of the many challenges and conflicting interests such projects engender. He gave examples of proactively seeking community input and building consensus, most notably as part of his city's redevelopment of the city center. He demonstrated a good understanding of alternative development practices and sustainable design. Average score: 4.3 Management of Conflict and Discord: Regarding external or public conflict, Mr. Madigan focused on the need to establish fair and open processes for public input so that everyone in the community has a sense that they've been heard, even if they don't agree with the final decision. He noted that a good process will lead to a good outcome, but that it is critical to seek public input early. He also discussed the need to be proactive in dealing with issues that may be controversial, and described how he makes presentations to civic groups to seek input and gauge community concerns. Regarding internal conflict, he discussed the need to focus on what we agree on, remaining respectful, and seeking creative solutions. When asked specifically about disrespectful interactions among the city council, he noted that often there is conflict between new and long-term members and he saw his role to be one of providing advice to council members on how to be effective and successful and to provide a third party perspective on the source of the friction. Average score: 3.8 Employee Relations, Including Seasonal and Part-time Staff. Mr. Madigan makes a practice of meeting at least annually with part-time staff to solicit input and concerns from them and also has institutionalized recognition of city volunteers. Average score: 4.4 (Note: one panel mbr. did not score Mr. Madigan in this area, average based on 10 scores) Overall Impressio : Mr. Madigan appears to be a hands-on manager with particular strengths in internal and external communication, interpersonal relationships, employee relations, and fiscal management. Many members of the panel felt he would be a great promoter of Maplewood and would build strong relationships with the business community. Although he did not discuss strategic planning specifically, some panel members were impressed by his long-range approach to planning of infrastructure reinvestment and debt management. He is also appears to be proactive in his approach to potentially controversial issues. Panel Rankings: Six panel members ranked Mr. Madigan as their first choice, four members ranked him as their second choice, and one member ranked him as their third choice. Page 11 — Citizen/Business Panel Report Table 1— Average of Panel's Ratings of Candidates Bv Areas of Inquiry Table 2 — Candidate Rankings By Number of Panel Members Candidate James Antonen Dan Donahue Tim Madigan James Antonen 5 5 1 Vision & Direction For the 3.5 2.6 3.5 City 6 4 1 Fiscal & Budgetary 3.8 3.4 4.1 Management Communications with Customers of the 4.1 2.7 4.1 City/Citizen Involvement Communication Within City 3.9 3.3 4.1 Government Intergovernmental 4.3 3.8 4.2 Cooperation & Relations Human 4.5 2.8 4.2 Resources/Management Style Community 4.5 3.4 4.3 Development/Redevelopment Management of Conflict & 4.2 3.1 3.8 Discord Employee Relations, Including Part -Time & 3.7 2.7 4.4 Seasonal Staff Table 2 — Candidate Rankings By Number of Panel Members Candidate First Second Third James Antonen 5 5 1 Dan Donahue 2 9 Tim Madigan 6 4 1 DATED MATERIAL — OFFICIAL WRITTEN RESPONSE REQUIRED January 12, 2009 To: Maplewood City Council Mayor Diana Longrie John Nephew, Council Member Erik Hjelle, Council Member Kathleen Juenemann, Council Member Will Rossbach, Council Member SENT VIA HAND DELIVERY AND U.S. MAIL H. Alan Kantrud, Attorney at Law, Knaak & Kantrud, P.A. Robert Mittet, Finance Director David Thomalla, Chief of Police Karen Guilfoile, City Clerk, Citizen Services Manager City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 Fax: 651-249-2009 From: Elizabeth A. Sletten 2747 N. Clarence Street Maplewood, Minnesota 55109 Tel: 763-783-2473 or 651-484-7074 elizabeth0079comcast net Re: OFFICIAL REQUEST FOR A FORMAL INVESTIGATION For The Permanent Record Meeting Date: Agenda Item #: Ui,Sily 7�6S, Dear Council Member(s), Mr. Kantrud, Mr. Mittet Chief Thomalla and Ms. Guilfoile: This request is due to a letter written on January 7, 2009 by the Acting City Manager Chuck Ahl regarding "RE: Property Information" and a "LATE NOTICE" dated 12/29/08 by the Finance Department. History 1. On October 14, 2008 I made a Formal Data Practices request from the City Clerk, Citizens Services Manager, Ms. Karen Guilfoile (see attachment #1, pgs. 1-3.) 2. On October 29, 2008,1 made a 2nd Official Request to Ms. Guilfoile (see attachment #2, pgs. I & 2.) 3. 1 received an email from Ms. Guilfoile on Thursday, November 6, 2008 stating that she would "be forwarding documents to you to complete your request." (see attachments #3, pgs. I & 2 and attachment #4.) ACJ 4. Ms. Guilfoile sent additional emails on November 10, 2008 regarding in part copying costs (see attachment #S, pgs. I & 2; attachment #6; attachment #7; pgs. 1 & 2; and attachment #8; pgs. I & 2.) 5. Ultimately Ms. Guilfoile stated "The cost for the copies is $14.50 which can be paid by check to the City of Maplewood or by cash." 6. On November 11, 2008, I paid (in person) the City of Maplewood $14.50. 7. On January 5, 20091 received a "LATE NOTICE" from the City of Maplewood's Finance Department for an amount due of $14.50 (see attachment #9, pgs. 1 & 2.) 8. My father, Ralph Sletten contacted Acting City Manager Chuck Ahl to inquire about this "LATE NOTICE." 9. I personally did not receive an email or phone call from the acting city manager and/or city staff regarding my fathers' phone call and/or "LATE NOTICE." 10. On January 7, 2009, I received an email from Chuck Ahl that included attachments "010109 Sletten Letter.doc; G1 Sletten Request.doc" (see attachment #10, pgs. 1-5.) a. Within "Agenda Item G1" to the City Council from Charles Ahl, Acting City Manager, Mr. Ahl included the "January 7, 2009 Letter from Chuck Ahl to the Slettens." Within the "Sletten Letter" it states: "During your phone message from January 6th, you indicated a concern with an invoice in the amount of $14.50. I have been provided the following information on that invoice: • The invoice was for copying of files from the Markham Pond project for Elizabeth Sletten. • On November 7, 2008, Elizabeth requested information on the cost of the copying. • She was informed on November 10, 2008 that we believed the cost would be under $10.00 based upon the likely number of pages. (subsequently, it was determined that there a larger number of pages to be copied] • On November 10, 2008, Elizabeth notified the City to inform her about the cost of the copies and when they would be available. • Later on November 10th, Karen Guilfoile notified Elizabeth that the copies were available at the front desk and the cost is $14.50 and that an invoice was provided with the,copies." Furthermore Mr. Ahl states "At your request, this item has been placed on the Council agenda for January 12, 2009." The City of Maplewood and Acting City Manager Chuck Ahl is placing a false light of me that has been proven inaccurate in addition to placing this issue on the public record (see attachment #11, copy of Elizabeth's check.) I paid my bill and received notice it wasn't paid. How did that happen? What checks and balances does the City of Maplewood currently have and what does the City of Maplewood currently have in place to prevent this from happening? In conclusion, I would like the following: I. A public apology! 2. A formal written apology due to the fact that the City of Maplewood and Acting City Manager, Chuck Ahl is placing a false light of me by making this matter a public one by placing it into the Official City record and on the City Council Agenda. 3. A Data Practices request regarding everyone that has received the January 7, 2009 letter from Acting City Manager Chuck Ahl not to exclude any other city employee(s); contractor(s); Planning Commission member(s), other city commissions and boards; vendors; and businesses. 4. 1 copy of the formal written apology sent to everyone that has received this false light of me and copy myself. 5. What additional steps and/or actions has the City of Maplewood taken since sending out this disparaging "LATE NOTICE"? 6. In chronicle order, lists of steps the City of Maplewood's take after receive monies. Please respond on or before January 16, 2009. 241 ��i7A. Sletten Cc: Tom Grundhoefer, General Counsel, League of Minnesota Cities Insurance Trust Stanley S. Hubbard, Chairman and CEO, Hubbard Broadcasting, Inc. ("KSTP") Clifton J. Aichinger, Administrator, Ramsey -Washington Metro Watershed District Plannine Commission Members Chair Lorraine B. Fischer, Vice Chair Tushar Desai, Gary A. Pearson, Dale Trippler, Joseph Walton, Jeremy Yarwood, Harland Hess, Joe Boeser, and Robert Martin Jr. Staff Liaison Tom Ekstrand Environmental and Natural Resources Commission Members Chair Ginny Yingling, Judith Johannessen, Carole Lynne, Carol Mason Sherrill, Frederica Musgrave, Bill Schreiner and Dale Trippler Attachment # I Elizabeth Sletten (Pgs. 1-3) From: Elizabeth Sletten [elizabeth007@comcast.net] Sent: Tuesday, October 14, 2008 7:36 PM To: 'Karen Guilfoile' Subject: DATED RESPONSE - OFFICIAL REQUEST - DATA PRACTICES Importance: High Follow Up Flag: Follow up Due By: Wednesday, October 22, 2008 4:00 PM Flag Status: Flagged DATED MATERIAL — OFFICIAL WRITTEN RESPONSE REQUIRED October 14, 2008 SENT VIA EMAIL City of Maplewood Karen Guilfoile, City Clerk, Citizen Services Manager 1830 County Road B East Maplewood, Minnesota 55109 Re: FORMAL REQUEST(S) — Data Practices Ms. Guilfoile: I am official requesting the following: I. A complete copy of the White Bear Avenue project that was referenced during the October 13, 2008 City Council meeting: "K3. UNFINISHED BUSINESS", "K3. Markham Pond Retaining Wall Improvements — City Project 05-18 Resolution Authorizing Preparation of Plans and specifications." 2. Complete copy of the September 25, 2000 City Council meeting minutes in there entirety. a. This should include the following: i. Agenda Report; ii. Resolution for the Markham Pond project; iii. Conditional Use Permit ("CUP") 1. This should include the following: a. Structures that are permanent and removable; and b. Water Ways Please respond on or before Monday, October 23, 2008. Very truly, Elizabeth (teeth) c4on Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizabeth007(a comeast net Tracking: Recipient Read 'Karen Guilfoile' Read: 10/14/2008 8:14 PM Attachment #2 Elizabeth Sletten (pgs. 1 & 2) From: Elizabeth Sletten [elizabeth007@comcast.net] Sent: Wednesday, October 29, 2008 3:08 PM To: 'Karen Guilfoile' Cc: 'Chuck. ahl@ci. maplewood. mn. us' Subject: 2nd Official Request: FW: DATED RESPONSE - OFFICIAL REQUEST - DATA PRACTICES Importance: High Please see the request below. Vizabeth Ann Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizabeth007@comcast.net From: Elizabeth Sletten[mailto:elizabeth007@comcast.net] Sent: Tuesday, October 14, 2008 7:36 PM To: 'Karen Guilfoile' Subject: DATED RESPONSE - OFFICIAL REQUEST - DATA PRACTICES Importance: High DATED MATERIAL — OFFICIAL WRITTEN RESPONSE REQUIRED October 14, 2008 City of Maplewood Karen Guilfoile, City Clerk, Citizen Services Manager 1830 County Road B East Maplewood, Minnesota 55109 Re: FORMAL REQUEST(S) — Data Practices Ms. Guilfoile: I am official requesting the following: SENT VIA EMAIL I. A complete copy of the White Bear Avenue project that was referenced during the October 13, 2008 City Council meeting: "K3. UNFINISHED BUSINESS", "K3. Markham Pond Retaining Wall Improvements — City Project 05-18 Resolution Authorizing Preparation of Plans and specifications." 2. Complete copy of the September 25, 2000 City Council meeting minutes in there entirety. a. This should include the following: i. Agenda Report; ii. Resolution for the Markham Pond project; iii. Conditional Use Permit ("CUP") I . This should include the following: a. Structures that are permanent and removable; and b. Water Ways Please respond on or before Monday, October 23, 2008. Very truly, elixabeth (j3eth) c4nn 3(etten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 eIizabethOO7@comcast.net Attachment #3 Elizabeth Sletten (pgs. 1 & 2) From: Karen Guilfoile[karen.guilfoile@ci.maplewood.mn.us] Sent: Thursday, November 06, 2008 11:42 AM To: Elizabeth Sletten Subject: RE: 2nd Official Request: FW: DATED RESPONSE - OFFICIAL REQUEST - DATA PRACTICES Attachments: WBA OrderFeasibilityStudy 082508.pdf Elizabeth — I will be forwarding documents to you to complete your request. Attached the first one. Karen Guilfoile From: Elizabeth Sletten [mailto:elizabeth007@comcast.net] Sent: Wednesday, October 29, 2008 3:08 PM To: Karen Guilfoile Cc: Chuck AN Subject: 2nd Official Request: FW: DATED RESPONSE - OFFICIAL REQUEST - DATA PRACTICES Importance: High Please see the request below. 4Eliznbeth 04no Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizabeth007@comcast.net From: Elizabeth Sletten[mailto:elizabeth007@comcast.net] Sent: Tuesday, October 14, 2008 7:36 PM To: 'Karen Guilfoile' Subject: DATED RESPONSE - OFFICIAL REQUEST - DATA PRACTICES Importance: High DATED MATERIAL — OFFICIAL WRITTEN RESPONSE REQUIRED October 14, 2008 SENT VIA EMAIL City of Maplewood Karen Guilfoile, City Clerk, Citizen Services Manager 1830 County Road B East Maplewood, Minnesota 55109 Re: FORMAL REQUEST(S) — Data Practices Ms. Guilfoile: I I am official requesting the following: 1. A complete copy of the White Bear Avenue project that was referenced during the October 13, 2008 City Council meeting: "K3. UNFINISHED BUSINESS", "K3. Markham Pond Retaining Wall Improvements — City Project 05-18 Resolution Authorizing Preparation of Plans and specifications." 2. Complete copy of the September 25, 2000 City Council meeting minutes in there entirety. a. This should include the following: i. Agenda Report; ii. Resolution for the Markham Pond project; iii. Conditional Use Permit ("CUP") 1. This should include the following: a. Structures that are permanent and removable; and b. Water Ways Please respond on or before Monday, October 23, 2008. Very truly, E(ixabeth (geth) inn Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizabeth007@comcast.net Attachment #4 Elizabeth Sletten From: Karen Guilfoile[karen.guilfoile@ci.maplewood.mn.usj Sent: Thursday, November 06, 2008 12:27 PM To: Elizabeth Sletten Subject: Markam Pond Data Request Attachments: Data Request Markham Pond 1.pdf Ms. Sletten — I will be sending you 6 e-mails regarding your data request regarding Markham Pond — the files are very large and after numerous attempts to try and send them I have broken them into 6 PDF files. Karen Guilfoile Director, Citizen Services 1. A complete copy of the White Bear Avenue project that was referenced during the October 13, 2008 City Council meeting: "K3. UNFINISHED BUSINESS", "K3. Markham Pond Retaining Wall Improvements — City Project 05-18 Resolution Authorizing Preparation of Plans and specifications." 2. Complete copy of the September 25, 2000 City Council meeting minutes in there entirety. a. This should include the following: i. Agenda Report; ii. Resolution for the Markham Pond project; iii. Conditional Use Permit ("CUP") 1. This should include the following: a. Structures that are permanent and removable; and b. Water Ways Attachment #5 Elizabeth Sletten (139s. I & 2) From: Karen Guilfoile [karen.guilfoile@ci.maplewood.mn.us] Sent: Monday, November 10, 2008 3:22 PM To: Elizabeth Sletten Subject: RE: Delivery Status Notification (Failure) Attachments: Data Request Markham Pond 1.pdf Ms. Sletten - Before I start copying I will attempt to send them one more time since the file I sent you this afternoon went through. Karen Guilfoile From: Elizabeth Sletten [mailto:elizabeth007@comcast.net] Sent: Monday, November 10, 2008 3:10 PM To: Karen Guilfoile Subject: RE: Delivery Status Notification (Failure) Ms. Guilfoile, Please let me know the cost of the copies and when they are available Vixabetb Ann Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizabeth007(a).comcast net From: Karen Guilfoile [mailto:karen.guilfoile@ci.maplewood.mn.us] Sent: Monday, November 10, 2008 9:48 AM To: Elizabeth Sletten Subject: RE: Delivery Status Notification (Failure) Ms. Sletten - The cost would be under $10.00, 1 have not counted all of the copies but I think that there are about 70 pages assembled. Please see the e-mail Delivery Status Notification (Failure) that I received from your account after attempting to mail the data to you. I tried a few times and got the same message. Karen Guilfoile From: Elizabeth Sletten [mailto:elizabeth007@comcast.net] Sent: Friday, November 07, 2008 2:44 PM To: Karen Guilfoile Cc: Chuck AN Subject: RE: Delivery Status Notification (Failure) Ms. Guilfoile, I appreciate you following up. I do not have any system limits. How much would the invoice be for the copies? Etiznbeth c4nn 51acten — 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizabeth007@comcast.net From: Karen Guilfoile[mailto:karen.guilfoile@ci.maplewood.mn.us] Sent: Friday, November 07, 2008 10:56 AM To: Elizabeth Sletten Cc: Chuck AN Subject: FW: Delivery Status Notification (Failure) Ms. Sletten — Staff spent about two hours yesterday completing your data request regarding Markham Pond — I have attempted to send the information to you and am able to do so due to your system limit or your mailbox is full. Please let me know if you would like to pay for the copies to be made for you. Karen Guilfoile From: System Administrator Sent: Friday, November 07, 2008 10:53 AM To: elizabeth007+AEA-comcast.net Subject: Undeliverable: Delivery Status Notification (Failure) Your message did not reach some or all of the intended recipients. Subject: FW: Data Request Markham Pond #2 The following redpient(s) could not be reached: elizabeth007(cbcomcast,net on 11/7/2008 10:53 AM This message is larger than the current system limit or the recipient's mailbox is full. Create a shorter message body or remove attachments and try sending it again. <MWWEB.ci.maplewood.mn.us #5.2.3> 2 Attachment #6 Elizabeth Sletten From: Karen Guilfoile[karen.guilfoile@ci.maplewood.mn.us] Sent: Monday, November 10, 2008 3:25 PM To: elizabeth007@comcast.net Subject: FW: Delivery Status Notification (Failure) Ms. Sletten — It appears that the first file went through and the second one didn't. I will make the copies for you. Karen Guilfoile From: System Administrator Sent: Monday, November 10, 2008 3:23 PM To: elizabeth007+AEA-comcast.net Subject: Undeliverable: Delivery Status Notification (Failure) Your message did not reach some or all of the intended recipients. Subject: Data Request Markham Pond #2 The following recipients) could not be reached: elizabeth0076@comcast.net on 11/10/2008 3:23 PM This message is larger than the current system limit or the recipient's mailbox is full. Create a shorter message body or remove attachments and try sending it again. <MWWEB.ci.maplewood.mn.us #5.2.3> Attachment #7 Elizabeth Sletten (pgs. 1 & 2) From: Karen Guilfoile [karen.guilfoile@ci.maplewood.mn.us] Sent: Monday, November 10, 2008 9:48 AM To: Elizabeth Sletten Subject: RE: Delivery Status Notification (Failure) Ms. Sletten - The cost would be under $10.00, 1 have not counted all of the copies but I think that there are about 70 pages assembled. Please see the e-mail Delivery Status Notification (Failure) that I received from your account after attempting to mail the data to you. I tried a few times and got the same message. Karen Guilfoile From: Elizabeth Sletten [mailto:elizabeth007@comcast.net] Sent: Friday, November 07, 2008 2:44 PM To: Karen Guilfoile Cc: Chuck AN Subject: RE: Delivery Status Notification (Failure) Ms. Guilfoile, I appreciate you following up. I do not have any system limits. How much would the invoice be for the copies? Elizabeth c4nn Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizabeth007@comcast.net From: Karen Guilfoile [mailto:karen.guilfoile@ci.maplewood.mn.us] Sent: Friday, November 07, 2008 10:56 AM To: Elizabeth Sletten Cc: Chuck AN Subject: FW: Delivery Status Notification (Failure) Ms. Sletten — Staff spent about two hours yesterday completing your data request regarding Markham Pond — I have attempted to send the information to you and am able to do so due to your system limit or your mailbox is full. Please let me know if you would like to pay for the copies to be made for you. Karen Guilfoile From: System Administrator Sent: Friday, November 07, 2008 10:53 AM To: elizabeth007+AEA-comcast.net Subject: Undeliverable: Delivery Status Notification (Failure) Your message did not reach some or all of the intended recipients. Subject: FW: Data Request Markham Pond #2 The following recipient(s) could not be reached: elizabeth007) om ast n t on 11/7/2008 10:53 AM This message is larger than the current system limit or the recipients mailbox is full. Create a shorter message body or remove attachments and try sending it again. <MWWEB.ci.maplewood.mn.us #5.2.3> Attachment #8 Elizabeth Sletten (Pgs• 1 & 2) From• • Karen Guilfoile [karen.guilfoile@ci.maplewood.mn.us] Sent: Monday, November 10, 2008 4:16 PM To: Elizabeth Sletten Subject: RE: Delivery Status Notification (Failure) Ms. Sletten — Your copies have been made and invoiced and are at the front desk for you to pick up. The cost for the copies is $14.50 which can be paid by check to the City of Maplewood or by cash. Karen Guilfoile From: Elizabeth Sletten [mailto:elizabeth007@comcast.net] Sent: Monday, November 10, 2008 3:10 PM To: Karen Guilfoile Subject: RE: Delivery Status Notification (Failure) Ms. Guilfoile, Please let me know the cost of the copies and when they are available. ,eliznbecb c4nn Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizabeth007a.comcast net From: Karen Guilfoile [mailto:karen.guilfoile@ci.mapiewood.mn.us] Sent: Monday, November 10, 2008 9:48 AM To: Elizabeth Sletten Subject: RE: Delivery Status Notification (Failure) Ms. Sletten - The cost would be under $10.00, 1 have not counted all of the copies but I think that there are about 70 pages assembled. Please see the e-mail Delivery Status Notification (Failure) that I received from your account after attempting to mail the data to you. 1 tried a few times and got the same message. Karen Guilfoile From: Elizabeth Sletten [mailto:elizabeth007@comcast.net] Sent: Friday, November 07, 2008 2:44 PM To: Karen Guilfoile Cc: Chuck AN Subject: RE: Delivery Status Notification (Failure) Ms. Guilfoile, I appreciate you following up. I do not have any system limits. How much would the invoice be for the copies? Zlizabetb inn Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 elizgb_ eth007@comcast net From: Karen Guilfoile(mailto:karen.guilfoile@ci.maplewood.mn.us] Sent: Friday, November 07, 2008 10:56 AM To: Elizabeth Sletten CC: Chuck AN Subject: FW: Delivery Status Notification (Failure Ms. Sletten — Staff spent about two hours yesterday completing your data request regarding Markham Pond — I have attempted to send the information to you and am able to do so due to your system limit or your mailbox is full. Please let me know if you would like to pay for the copies to be made for you. Karen Guilfoile From: System Administrator Sent: Friday, November 07, 2008 10:53 AM To: elizabeth007+AEA-comcast.net Subject: Undeliverable: Delivery Status Notification (Failure) Your message did not reach some or all of the intended recipients. Subject: FW; Data Request Markham Pond #2 The following recipient(s) could not be reached: elizabeth007(olcom -cr n on 11/7/2008 10:53 AM This message is larger than the current system limit or the recipient's mailbox is full. Create a shorter message body or remove attachments and by sending it again. <MWWEB.ci.maplewood.mn.us #5.2.3> 2 Together l4'e Car, DATE 12/29/2008 ELIZABETH SLETTEN 2747 CLARENCE ST MAPLEWOOD, MN 55109 ACCOUNT NO. 1127 CITY OF MAPLEWOOD Attn: Finance Department 1830 COUNTY ROAD B EAST MAPLEWOOD, MN 55109 (651) 249.2911 Attachment #9 (pgs. 1 & 2) MAKE CHECKS PAYABLE TO THE CITY OF MAPLEWOOD PLEASE DETACH AND RETURN WITH YOUR REMITTANCE LATE NOTICE Page 1 of 1 ACCOUNT NO. 1127 AMOUNT DUE 14.50 AMOUNT ENCLO ED PLEASE REMIT TO: CITY OF MAPLEWOOD INQUIRES: (651) 249-2911 CHARGES AND CREDITS MADE AFTER BILLING DATE WILL OVER 120.1)AYS W 120 DAYS - APPEAR ON NEXT STATEMENT Bi -90 DAY .. 21-60 DAYS URRENT 0.00 AMOUNT DUE 0.00 0.00 14.50 0.00 14.50 FIRST CLASS : � Attachment #10 Elizabeth Sletten (pgs. 1-5) From: Chuck AN [Chuck.Ahl@ci.maplewood.mn.us] Sent: Wednesday, January 07, 2009 7:17 PM To: Elizabeth Sletten Subject: Discussions on the County Road C Area Street Improvements, City Project 08-11 Attachments: 010709 Sletten Letter.doc; G1 Sletten Request.doc Elizabeth: Please find attached the letter that will be mailed to you, Ralph and Veronica either late tonight or tomorrow morning. I have also placed this item on the January 12 agenda at your request. I have provided you with a copy of my report to the Council on that. Chuck R. Charles AN Acting City Manager City of Maplewood 1830 E. County Road B Maplewood, Minnesota 651-249-2050 Fax 651-249-2059 January 7, 2009 Ralph E., Veronica A., Elizabeth A. Sletten 2747 N. Clarence Street Maplewood, MN 55109 RE: Property Information Ralph, Veronica and Elizabeth: This is the letter that you requested that I provide you regarding a number of issues. I indicated that it would be near the end of the year before I could address the issues. It has taken slightly longer than I anticipated. In your letter of December 22, 2008 you requested the following: 1. "Confirmation of when the City of Maplewood and the Planning Department are prepared to show us a draft for the elimination of the man- made public water problem that is affecting our private property." In my research, I am unable to find evidence that the pond water from the KSTP property is actually touching onto your property. While the water is very close to your private property, I do not know that a requested retaining wall, berm or other features would change the fact that the water is not currently on your property. That does not mean that you are not impacted by an ordinance provision for wetland buffer. An ordinance impact and a legal taking of land due to ponding are perceived by the City and the Watershed, who operates the wetland / ponding area that is north of your property. First, Maplewood is not involved in the operation of the controls for this ponding / wetland. Any claims that you have actually should be directed to the governmental agency that has jurisdiction. That agency is the Ramsey Washington Metro Watershed District [RWMWD]. RWMWD maintains the wetland area and has the easements and agreements to operate the water features in the area. They also have wetland setback ordinance that will impact your property. Their ordinance is very similar to the Maplewood ordinance. All property within the City has been bound by the City's existing wetland ordinance since 1995. The new RWMWD classification has upgraded this wetland area from a Class 2 (which requires a 100 -foot average buffer and a 50 -foot minimum buffer in our current ordinance) to a Manage A, which requires a full 100 -foot buffer in a future proposed ordinance. I believe that the current wetland is more than 50 feet from your property, so based upon some of the current conditions, it is possible that you would not be impacted under current conditions. Given that, your request for cannot be responded to because there is no water on your property and there is no specific impacts currently of the buffer. Sletten Letter January 7, 2009 Page Two 2. "Confirmation that our property will not be affected by the pending City of Maplewood Wetland Ordinance." As noted above, I anticipate that the new ordinance will impact your property. I cannot provide you a confirmation to the contrary. That ordinance is currently being reviewed for the very specific issues that you raise. I do not have the authority to grant properties variances to a future proposed ordinance. As I indicated when we met, we anticipate that there will be a number of situations where the ordinance has impacts on private property that will have significant impacts. I believe that a reasonable compromise may be available for you to continue to enjoy the full use of your property, but until that ordinance is brought forward for adoption, it is not appropriate to consider restrictions that do not exist at this time. 3. "Confirmation that our property will not be financially affected by the City Project 08-11 — County Road C Area Street Improvements." The City Council will be determined whether to proceed with the County Road C project. The staff does not have the authority to determine if a project will proceed , nor if it should not proceed. The City policy provides for property owners to contribute to the project cost. You provided us with information that includes a payment of the street improvement assessment in 1968. The City's past practice is to indicate to our residents that each property will pay a street assessment once every 35 years. Since your property has not paid a street assessment in the past 41 years, this assessment would not indicate that our procedures would preclude your property from an assessment. The information that you provide does not indicate your property has ever paid the one-time storm sewer assessment. You have paid for sanitary sewer, not storm sewer. Again, I cannot provide you with a confirmation on the financial impact, as that is not something that the City staff has authority to provide. I will note that our staff acknowledges there is very little support for this project at this time. We have stopped our preparation of detailed plans due to this response. We anticipate approaching the Council in February to discuss cancelling the project, which would accomplish your request. 4. "Confirmation that our property is not going to be affected by the instability of the KSTP tower. This is to include a 2008 Report on the stability of the KSTP tower." Sletten Letter January 7, 2009 Page Three Mr. Thompson from our engineering staff received a call from the KSTP personnel early this week. He assured by KSTP that a stability study will be completed early in 2009. Once that study is completed, we will provide you that information. During your phone message from January 6th, you indicated a concern with an invoice in the amount of $14.50. I have been provided the following information on that invoice: • The invoice was for copying of files from the Markham Pond project for Elizabeth Sletten. • On November 7, 2008, Elizabeth requested information on the cost of the copying. • She was informed on November 10, 2008 that we believed the cost would be under $10.00 based upon the likely number of pages. [subsequently, it was determined that there a larger number of pages to be copied] • On November 10, 2008, Elizabeth notified the City to inform her about the cost of the copies and when they would be available. • Later on November 10th, Karen Guilfoile notified Elizabeth that the copies were available at the front desk and the cost is $14.50 and that an invoice was provided with the copies. At your request, this item has been placed on the Council agenda for January 12, 2008. Please let me know if you have any questions with this information. CITY OF MAPLEWOOD Chuck Ahl Acting City Manager Agenda Item G1 AGENDA REPORT TO: City Council FROM: Charles Ahl, Acting City Manager SUBJECT: Report on Sletten Request for Retaining Wall at North End of Clarence St DATE: January 7, 2008 INTRODUCTION/SUMMARY On October 27, 2008, the City Council received a petition from Ralph, Veronica and Elizabeth Sletten from 2747 N. Clarence Street requesting the installation of a retaining wall near their property to control waters from the KSTP property wetland / storm water basin item was referred to staff for investigation. I met with the Slettens ofrom entering their property. The n December 12'h to discuss the various issues. The Slettens have requested that this item be placed on the agenda for a report. Attached is a copy of the letter that has been sent to the Slettens explaining staffs position on the various issues. No action is recommended at this time. RECOMMENDATION No action is required. Attachments: January 7, 2009 Letter from Chuck AN to the Slettens Janaury 5, 2009 Request to be placed on Agenda December 22, 2008 Letter from the Slettens regarding the issues December 11, 2008 Letter from the Slettens requesting data Assessment data supplied by the Slettens on 1960's improvements Map of wetland area and 100 -foot buffer Packet Page Number Page 32 of 216 Hiway Federal Credit Union CheckFederal Imaging... Y.kw M" M-lizabeth A..MeHen PAY W TJ JE ORMR HXq FEDERAL CREW MM�- Attachment 911 W1019S or Full Screen Page I of I Print Close Window 10195 M75832M MIME $ ..00LLAR!S https://homebanking.hiway.org/checkfederal.asp?CkNum=10195&PDate=l 1/14/2008&Amt--14.5&Acct--2 1/8/2009