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HomeMy WebLinkAbout09-08-2008A. A A FBI E MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, September 8, 2008 Council Chambers, City Hall Meeting No. 24-08 CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:35 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 Acting City Manager, Chuck Ahl added G1. Administrative Presentations, Possible Special Meeting Discussion regarding Possible Settlement Discussion with Dr. Marlene Palkovich vs. the City of Maplewood. Mayor Longrie requested the addition of the following items under Council Presentations: H1. Gang Signs H2. Update on Traffic Roselawn Avenue/Rice H3. Admissions Fees H4. Policing concerns H5. Non -Emergency Phone Number H6. Polling Locations Councilmember Nephew moved to approve the agenda as amended. Seconded by Councilmember Hjelle. Ayes — All The motion passed. APPROVAL OF MINUTES August 11, 2008, City Council Meeting Minutes Councilmember Nephew moved to approve the August 11, 2008, City Council Meeting Minutes (Second Reading) as submitted. Seconded by Mayor Longrie. The motion passed. Ayes — Al I August 25, 2008, City Council Workshop Meeting Minutes September 8, 2008 City Council Meeting Minutes Councilmember Nephew moved to approve the August 25, 2008, City Council Workshop Meeting Minutes as submitted. Seconded by Councilmember Rossbach. Ayes — All The motion passed. August 25, 2008, City Council Meeting Minutes Councilmember Nephew had a correction on pg 2, packet number 60, correcting Councilmember Hjelle's request to spell dysfunction correctly. Also on page 12, packet page 70, the motion to table is missing the Ayes — All motion. Councilmember Juenemann had a correction on pg 3, packet number 61, under 6. Bill Schreiner, fourth sentence from bottom of page, words are repeated in the sentence and should be corrected to read properly. Mayor Longrie had a correction on page 9, her comments should read she had some reservations which have not been secret and in the course of time she had a number of people call her. Perhaps even applying pressure on her for approval of the project to clarify. (Then adding) Prior to the meeting she had not made up her mind. On page 10, so the sentence reads more clearly, add punctuation to make it read more clear. Because the TIF Provision that they are usingLin order to get TI F1 . Councilmember Nephew moved to approve the August 25, 2008, City Council Meeting Minutes as amended_ Seconded by Mayor Longrie. The motion passed. Ayes — Al I August 28, 2008, A Continuation of August 25, 2008, City Council Meeting Minutes Councilmember Nephew had a correction on page 1, packet number 79 of 123, remove the words (SENT TO CHUCK FOR REVIEW SHOULD BE REMOVED). Mayor Longrie had a correction on page 2, packet number of 80 of 123, Mayor Longries wording under the project description TIF may be a tool for use in (inserting the words) qualifying projects and goes in as deferral to a developer for qualifying projects of special assessments. Councilmember Nephew moved to approve the August 28, 2008, A Continuation of August 25, 2008. Citv Council Meetina Minutes as amended. Seconded by Councilmember Rossbach. Ayes — All The motion passed. September 8, 2008 2 City Council Meeting Minutes Councilmember Juenemann moved to approve the August 29, 2008, Special Meeting Minutes as submitted. Seconded by Councilmember Nephew. Ayes — Mayor Longrie, Councilmembers Juenemann, Nephew, Rossbach Abstention.— Councilmember Hjelle The motion passed. F. VISITOR PRESENTATIONS — PART I Elizabeth Sletten, 2747 Clarence Street North, Maplewood. Ms. Sletten said the record retention for public meetings and other city business is increasingly further behind. She asked who is in charge of compiling, distributing and posting, the agendas, packets and meeting minutes? The Environmental Commission Meeting Minutes haven't been posted since July 15, 2008. Also the Planning Commission Meeting Minutes have not been posted either and asked where these records are? She also discussed the Official Complaint Investigation letter her father, mother and herself sent the council on August 23, 2008. 2. David Schelling, 1955 Greenbrier Street, Maplewood. Mr. Schelling said many city's are having shortfalls in revenue like the City of Lakeville laying 3 full-time people off, city's such as St. Francis and possibly the City of Bayport going to a four-day work week. If there are decreases in revenue, city's can lay people off, go to a four-day work week and can outsource things. Mr. Schelling said the city can raise taxes to cover the shortfalls. 3. Bob Zick, 2515 White Bear Avenue, Maplewood. Mr. Zick said he wished staff would pay more attention to the meeting minutes for the various boards, commissions and council. Because taxpayers and citizens come to city meetings to petition their government and make public comment and the statements made are not accurately reflected. Mr. Zick spoke about the Pioneer Press newspaper article of Friday, September 5, 2008, regarding Maplewood's Finance department being in disarray as well as other concerns he has with staff at the City of Maplewood. (Due to the 7:00 p.m. time constraints Administrative Presentations and Council Presentations will be heard at the end of the council meeting.) G. ADMINISTRATIVE PRESENTATIONS H. COUNCIL PRESENTATIONS APPOINTMENTS AND PRESENTATIONS 1. Swearing in Ceremony for New Firefighters a. Maplewood Fire Chief, Steve Lukin gave the report and introduced the three new Maplewood Firefighters. b. Mayor Longrie read the oath of office to the new Maplewood Firefighters. C. The new Maplewood Firefighters were then presented with badges and were welcomed by everyone. J. PUBLIC HEARINGS September 8, 2008 3 City Council Meeting Minutes None. K. UNFINISHED BUSINESS Consider Resolution Modifying Public Hearing Date for the Purpose of Modifying the TIF District Budgets and Extending the Duration of Districts. a. Acting City Manager, Public Works Director, Chuck AN gave the report. Councilmember Juenemann moved to approve the Resolution Calling for a Public Hearing on September 22, 2008, at 7:00 p.m. for the Purpose of Modifying the TIF District Budgets and Extendina the Duration of Districts. EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA HELD: September 8, 2008 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Maplewood, Ramsey County, Minnesota, was duly held at the City Hall on Monday, the 8th day of September, 2008 at 7:00 o'clock p.m. for the purpose, in part, of calling a public hearing on the City's tax increment financing districts within its municipal development district. The following Councilmembers were present: All and the following were absent: None Councilmember Juenemann introduced the following resolution and moved its adoption: RESOLUTION 08-09-130 CALLING PUBLIC HEARING ON THE PROPOSED ADOPTION OF AMENDMENTS TO THE TAX INCREMENT FINANCING PLANS FOR TAX INCREMENT FINANCING DISTRICT NOS. 1-1, 1-2,1-3, 1-4, AND 1-5 WITHIN MUNICIPAL DEVELOPMENT DISTRICT NO. 1 BE IT RESOLVED by the City Council (the "Council") of the City of Maplewood, Minnesota (the "City"), as follows: 1. Public Hearing. This Council shall meet on Monday, September 22, 2008, at approximately 7:00 p.m., to hold a public hearing on the proposed adoption of (a) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4, and 1-5 within Municipal Development District No. 1, for an increase in the budget of said Tax Increment Financing Districts, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act"); and (b) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2 and 1-3 within Municipal Development District No. 1, for an extension of the duration of said Tax Increment Financing Districts, all pursuant to and in accordance with the Act and particularly Minnesota Statutes, Section 469.1794, as amended. 2. Notice of Hearing; Filing of Plan Amendments. The City Clerk is hereby authorized to cause a notice of the hearing, substantially in the form attached hereto as Exhibit A, to be published as required by the Act and to place a copy of the proposed Amendments to the Tax Increment Financing Plans on September 8, 2008 4 City Council Meeting Minutes file in the City Clerk's Office at City Hall and to make such copies available for inspection by the public. 3. Rescheduling. The hearing on this matter originally scheduled for Monday, September 8, 2008 is hereby postponed until Monday, September 22, 2008. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember Nephew and upon vote being taken thereon, the following voted in favor: All and the following voted against the same: None Whereupon said resolution was declared duly passed and adopted. STATE OF MINNESOTA) )SS. COUNTY OF RAMSEY) I, the undersigned, being the duly qualified and acting Clerk of the City of Maplewood, Minnesota, DO HEREBY CERTIFY that the attached resolution is a true and correct copy of an extract of minutes of a meeting of the City Council of the City of Maplewood, Minnesota duly called and held, as such minutes relate to the calling of a public hearing on the City's tax increment financing districts within its municipal development district. City Clerk *A:11-.1111 September 8, 2008 5 City Council Meeting Minutes CITY OF MAPLEWOOD COUNTY OF RAMSEY STATE OF MINNESOTA NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council (the "Council') of the City of Maplewood, County of Ramsey, State of Minnesota, will hold a public hearing on Monday, September 22, 2008 at 7:00 p.m., at the Maplewood City Hall, 1830 E. County Road B, in the City of Maplewood, Minnesota, relating to the adoption of the following: (a) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2, 1-3, 1-4, and 1-5 within Municipal Development District No. 1, for an increase in the budget of said Tax Increment Financing Districts, all pursuant to and in accordance with Minnesota Statutes, Sections 469.124 through 469.134, both inclusive, as amended and Minnesota Statutes, Sections 469.174 through 469.1799, both inclusive, as amended (collectively, the "Act"); and (b) Amendments to the Tax Increment Financing Plans for Housing Tax Increment Financing District Nos. 1-1, 1-2 and 1-3 within Municipal Development District No. 1, for an extension of the duration of said Tax Increment Financing Districts, all pursuant to and in accordance with the Act and particularly Minnesota Statues, Sections 469.1794, as amended. Copies of the Amendments to the Tax Increment Financing Plans as proposed to be adopted will be on file and available for public inspection at the office of the City Clerk at City Hall. A map of Municipal Development District No. 1, and Tax Increment Financing District Nos. 1, 2, 3, 4 and 5 is set forth below: [INSERT MAP of Municipal Development District No. 1, and Tax Increment Financing District Nos. 1, 2, 3, 4 and 5] All interested persons may appear at the hearing and present their view orally or in writing. Dated: 12008. BY ORDER OF THE CITY COUNCIL /s/ Karen Guilfoile City Clerk Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Consider Approval of Proposed Maximum Tax Levy Payable in 2009 a. Acting City Manager, Public Works Director, Chuck Ahl gave the report and answered questions of the council. September 8, 2008 6 City Council Meeting Minutes b. Finance Director, Bob Mittet, addressed and answered questions of the council. Mayor Longrie asked if anybody wanted to speak regarding this item. David Schelling, 1955 Greenbrier Street, Maplewood, addressed the council and spoke regarding the Tax Levy Payable in 2009. Mayor Longrie moved to approve the Maximum Levy for 2008 Payable in 2009 in the amount of $15,700,0000 which is hereby approved and shall be certified to the Ramsey County Auditor. Seconded by Councilmember Hjelle. The motion failed. Ayes — Mayor Longrie, Councilmember Hjelle Nays — Councilmembers Juenemann, Nephew & Rossbach Councilmember Rossbach moved to approve the Resolution that Establishes the Maximum Levy for 2008 Payable in 2009 at 4.8% Increase for the Operating Levy and An Additional 1.2% Increase For the Debt Service Levy. RESOLUTION 08-09-131 PROVIDING PRELIMINARY APPROVAL OF A PROPOSED TAX LEVY PAYABLE IN 2009 WHEREAS, State law requires that the City Council give preliminary approval of a proposed tax levy for 2008 payable in 2009 by September 15, 2008, and WHEREAS, the City Council has reviewed preliminary information on the Proposed Tax Levy by fund and has determined the amount of the proposed tax levy payable in 2009 which is the maximum amount that will be levied. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD THAT the proposed tax levy for 2008 payable in 2009 in the amount of $16,481,820 is hereby approved and shall be certified to the Ramsey County Auditor. Seconded by Councilmember Juenemann. Councilmember Nephew made a friendly amendment to cut the $250, 000 contingency fund. Councilmember Rossbach did not accept the friendly amendment. Seconded by Councilmember Juenemann. The motion passed. Ayes — Councilmembers Juenemann, Nephew & Rossbach Nays — Mayor Longrie, Councilmember Hjelle 3. Set Public Hearing Dates on Proposed 2009 Budget and Property Tax Levy a. Acting City Manager, Public Works Director, Chuck AN gave the report. September 8, 2008 7 City Council Meeting Minutes Councilmember Hjelle moved to approve the City's Truth in Taxation Hearing on Monday, December 8, 2008, at 7:00 p.m. as part of the regular City Council Meeting. Seconded by Councilmember Juenemann. Ayes — All The motion passed. The council took a five-minute recess at 8:42 p.m. The council meeting reconvened at 8:51 p.m. L. NEW BUSINESS Direction on Destruction of City Records. a. City Clerk, Director Citizen Services, Karen Guilfoile gave the report, addressed and answered questions of the council. b. City Attorney, Alan Kantrud addressed and answered questions of the council. C. Acting City Manager, Chuck AN addressed and answered questions of the council. (KAREN TO REWORD) Councilmember Rossbach moved that staff shall investigate all the things that were discussed at the council meetina to make sure the Maplewood Historical Societv is not interested in storing these records and that all the legal ramifications mentioned by City Attorney, Alan Kantrud have been checked and if all is fine to do so, then the records of the Maplewood Historical Society could be stored by Mayor Diana Longrie. Seconded by Councilmember Nephew. Ayes — All The motion passed. 2. Approval of Claims Councilmember Rossbach moved Approval of Claims. ACCOUNTS PAYABLE: $ 1,135,204.88 Checks # 76265 thru #76358 Dated 08/20/08 thru 08/26/08 $ 149,257.21 Disbursements via debits to checking account Dated 08/21/08 thru 08/21/08 $ 598,446.56 Checks # 76359 thru #76410 Dated 08/25/08 thru 09/02/08 $ 255,328.90 Disbursements via debits to checking account dated 08/20/08 thru 08/29/08 $ 2,138,237.55 Total Accounts Payable PAYROLL $ 519,115.64 Payroll Checks and Direct Deposits dated 08/22/08 September 8, 2008 8 City Council Meeting Minutes M $ 3,695.07 Payroll Deduction check #1005727 thru #1005728 dated 08/22/08 $ 522,810.71 Total Payroll $ 2,661,048.26 GRAND TOTAL Seconded by Councilmember Nephew. The motion passed. CONSENT AGENDA Ayes —Mayor Longrie, Councilmembers Juenemann, Rossbach, Nephew Nay — Councilmember Hjelle 1. Councilmember Rossbach moved to approve item 1. Seconded by Councilmember Nephew. Ayes — All The motion passed. Councilmember Rossbach moved to approve the Temporary Gambling Permit for North Star Chapter Brewery Collectible Club of America (BCCA). Resolution 08-09-132 Temporary Gambling Permit Resolution for North Star Chapter BCCA BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the North Star Chapter BCCA (Brewery Collectible Club of America, 1060 McKnight Road, to be used on October 11, 2008, at Aldrich Arena, 1850 White Bear Avenue. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Nephew. The motion passed. N. AWARD OF BIDS None. September 8, 2008 City Council Meeting Minutes Ayes — Al I e✓ O. VISITOR PRESENTATIONS — PART II None. (Moved to the end of the meeting due to time constraints) G. ADMINISTRATION PRESENTATIONS 1. Special Meeting Monday, September 15, 2008, at 6:30 p.m. a. Acting City Manager, Chuck Ahl discussed the Special Meeting of September 15, 2008, at 6:30 p.m. for purposes of declaring a special meeting under a Closed Session Meeting regarding Dr. Marlene Palkovich vs. City of Maplewood. H. COUNCIL PRESENTATIONS Gang Signs — Mayor Longrie Mayor Longrie discussed graffiti and gang signs raised at a Citizens Forum meeting. Mayor Longrie passed photos of the graffiti onto Maplewood Police Chief, Dave Thomalla. Maplewood Police Chief, Dave Thomalla spoke regarding what he saw in the photos and stated the photos were not gang signs but graffiti and that if people see things like this to contact the city if they happen to see any graffiti or gang signs in Maplewood. 2. Update on Traffic on Roselawn Avenue/Rice Street — Mayor Longrie Mayor Longrie asked Mr. Ahl for an update on the traffic concerns on Roselawn Avenue and Rice Street. Mr. Ahl said the city is making arrangements to do a traffic count and the truck traffic in the area very soon. More information will be made available to the council. 3. Admission Fees — Mayor Longrie Mayor Longrie said she read a statement on a website that she hadn't paid an entrance fee to attend the Bruce Vento spaghetti dinner. Mayor Longrie wanted to inform everyone that she had paid her $50 entrance fee. 4. Policing Concerns in Gladstone Area— Mayor Longrie Maplewood Police Chief, Dave Thomalla spoke about citizen concerns regarding which Maplewood Police officers are responsible for policing the Gladstone area. Lieutenant Shortreed is the person to contact regarding this area. Further information such as this is available on the city website listed under the police department. 5. Non -Emergency Phone Number — Mayor Longrie Maplewood Police Chief, Dave Thomalla said other than the administrative numbers for the Maplewood Police department, which is answered by the records division at 651-249- 2600, the dispatch lines are answered by Ramsey County which include 911, 651-777- 8191, and 651-249-2500. 6. Polling Locations - City Clerk, Karen Guilfoile Ms. Guilfoile spoke about the changes in polling locations for the different precincts. For more information people can call the City Clerk's office, or go to the city website. P. ADJOURNMENT Mayor Longrie adjourned the meeting at 10:00 p.m. September 8, 2008 10 City Council Meeting Minutes 'k q1,1 h M k V7 IMMEDIATE ACTION REQUESTED +r-uo . September 08, 2008 Maplewood City Council Mayor Diana Longrie John Nephew, Council Member Erik Hjelle, Council Member Kathleen Juenemann, Council Member Will Rossbach, Council Member City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 qv�,, 6 � VIA HAND DELIVERY AND PRESENTATZION Re: Maplewood City Council Meeting — Presentation; and Request Document to be Placed in the Official City Council Meeting Minutes. Dear Mayor Longrie and City Council: The City of Maplewood is continuously making a spiral downward in several directions. The record retention for public meetings and other city business is increasingly further behind. Who is in charge of compiling, distributing and posting the City of Maplewood's public meeting agendas, packets and minutes? For an example, the last meeting agenda and minutes posted on the City of Maplewood's website for the Environmental and Natural Resources Commission were on July 15, 2008. As concerned citizen's that are watching from home or here in person are more then aware, there has been other meetings since that time. In addition, the Planning Commission's meeting minutes have not been posted on the City of Maplewood's website since July 15, 2008. Therefore the meeting minutes for the July 29 and August 19, 2008 have not been posted. Where are the records? I also want to discuss the Official Complaint — Investigation letter my father, mother and I sent to all of you on August 23, 2008. Within that letter it is stated "On August 19, 2008, during the Planning Commission, public hearing meeting, Ralph Sletten stated that he has "grave concern" regarding the KSTP tower stability problems." Also, during this meeting Interim City Manager Chuck Ahl stated that the KSTP property/tower "don't indicate any problems". Furthermore Commissioner Trippler stated "I hope the damn thing blows over." Within that letter, we made demands for the following: 1. Immediate public verbal and written apology from Commissioner Trippler. 2. An official written apology from the City of Maplewood. 3. Immediate removal of Commissioner Trippler from any paid and/or volunteed position(s) with the City of Maplewood. 4. Possible legal charges against Commissioner Trippler for his unethical behavior on record. Since this letter was formally submitted and we have asked for specific demands, I personally have made data practices requests regarding the Interim City Manager Chuck Ahl's communication with representatives from KSTP due to the fact that Interim Manager Ahl stated during the August 19, 2008 Planning Commission meeting that he has been in communication with Representatives from KSTP (see attached email from Interim City Manager Chuck AN dated September 4, 2008). I received an email response from Interim Manager Ahl on September 4, 2008 with a letter from Bruce Hagerty dated August 29, 2008 and a "Maintenance Inspection Report" dated September 19, 2006. Now for anyone that has not had an opportunity to view the Friends of Maplewood website, I want to keep everyone update on how the city responded. 1. The City of Maplewood has not required Commission Trippler to make an Immediate public verbal and written apology. 2. The City of Maplewood has not taken an actions to remove Commissioner Trippler from any paid and/or volunteed position(s) with the city. 3. Interim Manager Ahl did not have any communications with a KSTP representative until AFTER the August 19, 2008 Planning Commission meeting. Um, so what does that tell us? That Interim Manager Ahl is deliberately misleading the citizen's, council, city staff, and commission members with inaccurate information. I state this because I didn't want to say "lie". That the City of Maplewood is selective when it holds their public servants accountable for their actions. We watch the commission meetings and hear the commissioner members state that the minutes taken do not always reflect and/or are not accurate and sometimes are misleading. We have some serious issues here in this city. Therefore tonight, I am asking the City Council to take swift action against and/or removal of Interim Manager Chuck Ahl, Dale Trippler and H. Alan Kantrud. Very truly, Elizabeth A. Sletten 2747 North Clarence Street Maplewood, MN 55109 763-783-2473 or 651-484-7074 e.lizabetth0071uI)comcaist.liet Attachment Elizabeth Sletten From: Chuck Ahl [Chuck.Ahl@ci.maplewood.mn.us] Sent: Thursday, September 04, 2008 10:17 AM To: Elizabeth Sletten; Diana Longrie; Erik Hjelle (External); hakantrud@klaw.us; John Nephew; Kathleen Juenemann; Will Rossbach; David Thomalla Cc: Shann Finwall; bearclaw0333@msn.com; Karen Guilfoile; Jeremy Yarwood; Harland Hess; Robert Martin; Shann Finwall; City Council; cliff@rwmwd.org Subject: RE: Dated Material - Official Written Response Required Attachments: Tower Inspection Report. pdf Elizabeth Please find attached a report that I recently received from Mr. Bruce Haggerty from KSTP. Mr. Haggerty in a voice mail assured me that KSTP was unaware of any faulty installations or supports for their towers along TH 61, and, that they have their towers inspected regularly. I requested that he provide me with their recent inspection reports. He has done so, and copies are attached for your information. Mr. Haggerty summarizes that there is no indication of problems with supports or tower foundations. Mr. Haggerty also indicates that there are inspections planned for this fall as part of their program. I do not see that there are concerns regarding the stability of these towers and do not plan to spend additional time investigating this matter. If you have additional information that I have not been made aware of, please let me know. Chuck R. Charles AN Acting City Manager City of Maplewood 1830 E. County Road B Maplewood, MN 55109 (651) 249-2050 From: Elizabeth Sletten[mailto:elizabeth007@comcast.net) Sent: Monday, August 25, 2008 9:01 PM To: Diana Longrie; Erik Hjelle (External); hakantrud@klaw.us; John Nephew; Kathleen Juenemann; Will Rossbach; David Thomalla; Chuck Ahl Cc: Shann Finwall; bearclaw0333@msn.com; Karen Guilfoile; Jeremy Yarwood; Harland Hess; Robert Martin; Shann Finwall Subject: Dated Material - Official Written Response Required After speaking during visitors presentations at the City Council meeting this evening, I was notified that the City Council and Chief Thomalla did not receive this "Official Complaint — Investigation Required". Due to finding that the ENR Commissioners do not have their emails publicly posted, they have not been copied. .Elizabeth c4nn Sletten 2747 North Clarence Street Maplewood, Minnesota 55109 763-783-2473 or 651-484-7074 clizabeth007@comeast.net v� ;1 Hubbard Broadcasting, Inc. 3415 UNIVERSITY AVENUE SAINT PAUL, MINNESOTA 55114 -?099 BRUCE HAGERTY Director of Purchasing and Building Services 65 I -642-4400 August 29, 2008 Chuck Ahl City of Maplewood 1830 County Road B East Maplewood, MN 55109 Dear Chuck, As indicated in my voice mail message, I am forwarding a copy of the most recent tower inspection report for the "Franklin" tower on the easterly site of KSTP-AM Radio in Maplewood as prepared by La Crescent Erection Company, Inc. You will mote that the date of this report is 9119/06. It is our policy to undertake inspections on a biennial schedule. Next inspection would be due this fall. This inspection report includes guy lines and anchor reports. All guy tensions were within specification and tower alignment is good. There is no indication from the findings of this report that there is any guy degradation of the tower anchor points nor should there be any suggestion that this tower is unsafe. I trust you will find the attached adequate at this time. If you require additional information, or if I can be of any additional help, please contact me. We appreciate the relationship that we have with Maplewood and our neighbors there and wish to do all we can to continue to be a good corporate neighbor. BH:ss cc: Stanley S. Hubbard Virginia H. Morris Todd Fisher .Jon Blomstrand Tom Newberry DATED MATERIAL — OFFICIAL 'WR I'EN RESPONSE REQUIItED August 23, 2008 SENT VIA U.S. MAIL H. Alan Kantrud, Attorney at Law Knaak & Kantrud, P.A. 3500 Willow Lake Blvd., Suite 800 Vadnais Heights, Minnesota 55110 Fax: 651-490-1580 Chuck Ahl, Interum City Manager David Thomalla, Police Chief City of Maplewood 1830 County Road B East Maplewood, Minnesota 55109 Fax: 651-249-2009 Re: Official Complaint — Investigation Required Dear Mr. Kantrud, Mr. Ahl, and Chief Thomalla: On August 19, 2008, during the Planning Commission, public hearing meeting, Ralph Sletten stated that he has "grave concern" regarding the KSTP tower stability problems. That the anchor bases on the north and east sides have been compromised due to the creation of the wetland by the Ramsey -Washington Metro Watershed District. When obtaining this information directly from a Representative of KSTP, he stated that the Ramsey -Washington Metro Watershed District had to pay to repair the anchor on the north because it was compromised by the man-made waterways. The anchor on the east is compromised however to date it has not been repaired, thus posing a threat to the citizen's of Maplewood. Having the original "first" KSTP tower fall that caused damage to the land and neighbors home. After all concerned residence spoke, and contractors and city staff answered and/or "fined" some of the problems with the 2008 Comprehensive plan there is additional research needed for specifically the property of KSTP that affects the property owners of North Clarence Street. However, when Chuck Ahl stated that the KSTP property/tower "don't indicate any problems" that was inaccurate. Mr. Ahl has no information to dispute Mr. Sletten's comments during this meeting. Furthermore, Commissioner Trippler made some inappropriate statements regarding the safety and welfare of the Maplewood Citizens that live near the KSTP tower. In Commissioner Tripplees authoritive position and that of representative of the City of Maplewood, he wished members of the City of Maplewood due harm. By his statements regarding the KSTP tower on Hubbard Broadcastings property located just north/adjacent to our home he stated" I hope the damn thing blows over" (see the Planning Commission Meeting dated, August 19, 2008) It should also be noted that city employees, contractors and residence(s) laughed after Mr. Trippler made these statements. Although City Commissioner's do not make any final decisions, their recommendations are quoted by council for their final decisions that impact the citizen's of Maplewood It is difficult to find citizens to serve on commissions for Maplewood due to fear of intimidation and disrespect from other members of the community that conduct themselves like that of Commissioner Trippler and staff. Personally we know of such citizen's who quit serving on some commission and trying to be advocates for the City of Maplewood due to the conduct of other Commissioner's and staff. Commissioner Trippler is a liability to the City of Maplewood. He has sworn at business owners who appear before the Planning Commission. He has made false/inaccurate statements that he has brought forth to the other Commissioner's and city council that mislead not only them, but the public. We demand the following actions taken: 1. Immediate public verbal and written apology from Commissioner Trippler. 2. An official written apology from the City of Maplewood. 3. Immediate removal of commissioner Trippler from any paid and/or volunteed position(s) with the City of Maplewood. 4. Possible legal charges against Commissioner Trippler for his unethical behavior on record. Please respond on or before September 2, 2008. Very truly, hWlen—'-� � ,f t �1 E` eth A. Sletten 2 Veronica A. Sletten 2747 N. Clarence Street Maplewood, Minnesota 55109 Tel; 651-484-7074 or 763-783-2473 elizabeth007@comeast.net Cc: Lori Swanson, Attorney General, Minnesota Attorney Generals Office Federal U.S. EPA, Region 5 Tom Chundhoefer, General Counsel, Legal ("LMCIr ) Stanley S. Hubbard, Chairman and CEO, Hubbard Broadcasting, Inc. ("KSTP") Maplewood City Council Members Mayor Diana Longrie; John Nephew, Council Member; Erik Hjelle, Council Member; Kathleen Juenemann, Council Member; and Will Rossbach, Council Member Environmental and Natural Resources Commission Members Chair Ginny Yingling, Carole Lynne, Carol Mason Sherrill, Frederica Musgrave, Dale Trippler, Bill Schreiner, Judith Johannessen, and Shann Finwall, AICP j 1 .: \ 1 A + --- Phone Gary (507)895-8064 Cel! Fax (507)895-9960 Gary (608)792-9262 E-mail LErectCo@aol.com . Maintenance Inspection Report Date of Inspection Inspected By Site Location 09-19--06 Gary, Rids, Mike, Ben Twin Ckys Tower Height 650' Owner KSTP AM -FM Radio, Regestration * 1024181 fiENERALWffRUQj1DM GOOD Item meets requirements POOR Needs improvements or repair REPAIRED Corrected to GOOD status COMMENTS To make remarks about an item - see comment section NA Non applicable and does not apply to this tower GOOD POOR RPAR CMTS Tower Site x f Driveway, x 2 Fence condition. N/A 3 Grounding on fence. Circle one - Mechanical Cadweld None x 4 Building. x x N/A x x U Tower Base '5 FoundAition - Grout is not cracking, chalked, or settling, 6 Foundation Bolts/Pin - Tight and no corrosion. 7 Base is grounded. Transmission Line Bridge 8 Line Bridge and Line - Properly installed, bolts tight and no corrosion. 9 Line Clamps - Properly installed. Bolts tight.and properly spaced. 10 Waveguide Bridge Grounded - Propery grounded. Mechanical Type - Connections are clean and tight. Cadweld Type - Weld is good and no corrosion around weld. GOOD POOR RPAR CMTS X X X X NIA X N/A X X X X X X VIA X X X X X Tower Structure 11 Boit Connections -No missing or loose bolts, no corrosion. 12 Welled Connections. 13 Structural Members - no signs of bowing or fatigue in tower bracing and legs. 14 Preforms/Cable Clamps at Guy Points - no sign of movement, no corrosion. 15 Climbers Ladder and Climbers Buddy - Property secured. X 16 Platforms and Antenna stand off - Bolts tight, no corrosion. 17 Mounts on water towers - Welds from mounts to tank - no corrosion, bolts are tight and Mount is level. 18 Exterior. Galvanization Paint 19 Base Insulator and spark gap. Tower Lighting X 20 Lights- Strobes, Beacons and Obstruction lights work properly. 21 Alf fixtures are mounted securely. X 22 Lenses - Lenses and red liners are unbroken, The safety chains and spring fasteners are in good operating order and free from corrosion. 23 Vents and Drains - Strobes, Beacons and Obstruction lights are open. 24 Gaskets - Light fixture gaskets are not cracked or damaged. 25 Photo Cell - Working properly. 26 Flasher - Working properly. X 27 Lighting Conduit and Junction Boxes - Tied to tower, unbroken and rust free. 28 Exterior Wiring - Electriccal wire is not cracked, brittle or corroded. GOOD POOR RPAR CMTS Guy Lines and Anchor Points 40 Guy points will be noted from base of tower. 41 Guy point - from base Northwest, Southwest, East X Transmission Lines / Feed Lines X 29 Transmission Line - Grounded at building, weatherproofed. N/A 30 Transmission Line - Grounded at base, weatherproofed. X 31 Transmission Line - No physical damage and not more than a minimum bend radius, X 32 Transmission Line - Tied or clamped to tower. X 33 Transmission Line Hoisting Grip - Tied to tower. X 34 Transmission Line - Grounded at tip of line, weatherproofed. X .35 Jumper - Proper routing and tied to structure. X 36 Jumper - Proper weatherproofing at feedline and antenna. X 37 Antenna and Mount - All bolts are tight and no corrosion. Antenna is level NIA 38 Pipe Mount - Level from front to back. NIA 39 Pipe Mount - Level from side to side. Guy Lines and Anchor Points 40 Guy points will be noted from base of tower. 41 Guy point - from base Northwest, Southwest, East X 42 Guy Anchor - No sign of movement, fatigue, or corrosion. X 43 Guy Anchor - Tumbuckles, thimbles, ice clips are installed properly and no corrosion. X 44 Guy Anchor - Cable clamps or preforms have no sign of movement and no corrosion. X 45 Guy Lines - No broken strands or corrosion. X _ 46 Guy Line Safety Wire - Properly installed through all turnbuckles and no corrosion. NIA 47 Guy Eines - An guy wires are properly grounded. Guy Line Tensions Temperature 58 Southwest Wind Speed 10-20 mph 4800 Wind Direction From West Northwest 6000 Guy Line # 1 Wire Size 9116 Tension Guy Line # 2 Wire Size 5/8 Tension Guy Line # 3 Wire Size 3/4 Tension Guy Line # 4 Wire Size 5/8 Tension Guy Line # 5 Wire Size 5/8 Tension Guy Line # 6 Wire Size 3/4 Tension Guy Line # 7 Wire Size 3/4 Tension Guy Pad Southwest East 5000 4800 3550 3700 6000 6000 4400 3950 4300 4900 5500 5300 5300 5350 Comments 15. The ground strap on the platform looks damaged and should get replaced. 20. Gary installed new light bulbs on the tower. 22. The first set of side lights have rust on the couplings. The third side lights have rust on the couplings and on the safety chains, see picture. On the top beacon the bottom red lens has a chip out of it, see picture. 27. There is rust on the conduit by the first side lights. This is the paint; it is still within the color code. This picture shows rust on the couplings and safety chains at the side lights. This is typical of all three sets of side lights. This picture is showing the broken red lens in the top beacon. Pictures This is the monkey cage and beacon at the top of the tower, they are attached well. The nutraglass rods have lost there gel coat. This is typical of all the rods. This is another picture of the nutraglass rods t i - t, Tower Alignment The temp was 58 and the wind was out of the Northwest at 15-25 mph. We set up the transit Southwest of the tower and shot the Northwest tower leg. Guy 1. 1 %z" to Southeast Guy 2. 1 %" to Southeast Guy 3. 1 %" to Southeast Guy 4.2 %z" to Southeast Guy 5.2 %2" to Southeast Guy 6.2 /2" to Southeast Guy 7.2 %" to Southeast We set up the transit Northwest of the tower and shot the Southwest tower leg. Guy 1. V2" to Southwest Guy 2. 1" to Southwest Guy 3. 1 %z" to Southwest Guy 4.2" to Southwest Guy 5.2 %z" to Southwest Guy 6.2 %Z" to Southwest Guy 7.3" to southwest Final Comments The Tower alignment is good, note the wind direction and intensity. Some of the tensions are high like guy 1 is 9/16 and 4800 and it should be around 3500. This is minor issue, but it should be addressed. The strap on the platform should also be replaced. Everything else on the tower is good.