HomeMy WebLinkAbout05-10-2004A.
B.
C.
E.
MINUTES
MAPLEWOOD CITY COUNCIL
7:12 P.M. Monday, May 10, 2004
Council Chambers, Municipal Building
Meeting No. 04-10
CALL TO ORDER
A meeting of the City Council was held in the Council Chambers, at the Municipal Building, and
was called to order at 7:12 P.M. by Mayor Cardinal.
PLEDGE OF ALLEGIANCE
ROLL CALL
Robert Cardinal, Mayor Present
Kathleen Juenemann, Councilmember Present
Marvin Koppen, Councilmember Present
Jackie Monahan-Junek, Councilmember Present
Will Rossbach, Councilmember Present
APPROVAL OF MINUTES
1. Minutes from April 26, 2004 Council/Manager Workshop
Councilmember Rossbach moved to approve the minutes from the April 26, 2004 City
Council/Manager workshop as presented.
Seconded by Councilmember Koppen Ayes -All
2. Minutes from the April 26, 2004 City Council Meeting
Councilmember Juenemann moved to approve the minutes from the April 26, 2004 City Council
Meeting as amended.
Seconded by CouncilmemberRossbach
APPROVAL OF AGENDA
N1.
Smoke Free Maplewood
N2.
Personnel Issues/Communication
N3.
50 -Year Anniversary Committee
M3.
Ice Arena Update
M4.
Code of Conduct
M5.
NEST
M6.
Azure Properties Request
M7.
Beam Avenue
Ayes -All
M8.
Cops n' Lobsters
M9.
National Law Enforcement Week
M10.
Emergency Food Shelf Report
F 1.
Rescheduled to next council
meeting (05-24-04)
F2.
Appointment of two Parks and
Recreation Commissioners
City Council Meeting 05-10-04
Councilmember Monahan-Junek moved to approve the agenda as amended.
Seconded by Councilmember Juenemann Ayes -All
F. APPOINTMENTS/PRESENTATIONS
1. HRC Diversity Speech Contest Winner – Faraaz Mohammed - North St. Paul
High School—Reschedule to the May 24, 2004 meeting.
2. Council appointed Daniel Enga and Tom Geskermann to the Maplewood Parks
and Recreation Commission.
G. CONSENT AGENDA
1. Approval of Claims
ACCOUNTS PAYABLE:
$ 59,874.09 Checks # 63673 thru # 63706
dated 4/27/04
$ 136,871.15 Disbursements via debits to checking account
dated 4/16/04 thru 4/22/04
$ 572,470.69 Checks # 63707 thru # 63785
dated 5/04/04
$ 296,198.91 Disbursements via debits to checking account
dated 4/23/04 thru 4/29/04
$ 1,065,414.84 Total Accounts Payable
PAYROLL
$ 515,972.76 Payroll Checks and Direct Deposits dated 4/23/04
$ 4,492.64 Payroll Deduction check # 97315 thru # 97317
dated 4/23/04
$ 520,465.40 Total Payroll
$ 1,585,880.24 GRAND TOTAL
City Council Meeting 05-10-04 2
2. Conditional Use Permit Review — Frontline Church (2055 White Bear Avenue)
Approved to review the conditional use permit for the Frontline Church at 2055
White Bear Avenue again in one year or sooner if the church or the owner
proposes a major change to the site.
Food Fee Waiver - Boy Scout Troop #187 - Arlington Hills United Methodist
Church
Approved the miscellaneous permit to sell food at Arlington Hills United
Methodist Church and to waive the $47.00 permit fee.
4. Carnival, Fireworks, and Noise Control - Fee Waivers - Ramsey County Fair
Approved the Miscellaneous Permits for Joe Fox, Ramsey County Fair
Manager, for the Ramsey County Fair that will be held from July 14 through the
18th
MCC Replacement Compressor
Awarded the low bid to Cramer Building Services for $19,317 to replace a
failed compressor for the Maplewood Community Center.
6. Donation to Landfall Cops `n Kids Fishing Clinic
Accepted a donation of $200.00 to the Maplewood Police Department from
Saturn of St. Paul for use at the annual Landfall Cops `n Kids Fishing Clinic.
7. Purchase of 2004-2005 Winter Road Salt
Authorized the purchase of road salt under the state contract not to exceed a
cost of $36,000.
Signal System Light Replacement Program
Authorized the expenditure of $51,500 form the Street Maintenance budget for
the cooperative project with Ramsey County for the installation of LED lights at
24 intersections.
9. County Road D Realignment (East), T.H. 61 to Southlawn, Project 02-07 —
Revise Dates for Bid Opening and Assessment Hearing
Approved the revised bid opening and assessment hearing dates for County road
D Realignment, Project 02-07. The bid opening will be rescheduled for 10:00
a.m. Friday June 4, 2004, and the assessment hearing will be rescheduled for
7:15 p.m. Monday, June 14, 2004.
Councilmember Koppen moved to approve the consent agenda item 1-4 and 7 and 9 as
City Council Meeting 05-10-04
presented.
Seconded by Councilmember Juenemann Ayes -All
Councilmember Juenemann moved to approve the consent agenda item 6 as presented.
Seconded by Councilmember Monahan-Junek Ayes -All
Councilmember Koppen moved to approve the consent agenda item 5 as presented.
Seconded by Councilmember Rossbach
Ayes -All
Councilmember Juenemann moved to approve the consent agenda item 8 as presented.
Seconded by Councilmember Koppen Ayes -All
H. PUBLIC HEARINGS
7:20 P.M. Kennard Street Right -of -Way Vacation (next to 1655 Sextant Avenue)
City Manager Fursman presented the report.
b. Associate Planner Roberts presented specifics from the report.
Commissioner Mueller presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
None
Mayor Cardinal closed the public hearing.
Councilmember Juenemann moved to adopt the following resolution for the vacation
north of the unused Kennard Street right-of-way north of Sextant Avenue:
VACATION RESOLUTION 04-05-088
WHEREAS, Mr. Tom LaBarre, the adjacent property owner, applied for the vacation of
the following:
The Kennard Street right-of-way that is north of Sextant Avenue and next to the
property at 1655 Sextant Avenue and described as follows:
The Kennard Street right-of-way lying north of the north right-of-way line of Sextant
Avenue and next to the property at 1655 Sextant Avenue in Maplewood, Ramsey County, in
Section 10, Township 29, Range 22.
WHEREAS, the history of this vacation is as follows:
On April 19, 2004, the planning commission recommended that the city council
City Council Meeting 05-10-04
approve the public vacation.
2. On May 10, 2004, the city council held a public hearing. The city staff
published a notice in the Maplewood Review and sent a notice to the abutting
property owners. The council gave everyone at the hearing a chance to speak
and present written statements. The council also considered reports and
recommendations from the city staff and planning commission.
WHEREAS, after the city approves this vacation, the public interest in the property will
go to the property at 1655 Sextant Avenue (Lot 7, Block 2, North Dells Addition — PIN 10-29-
22-13-0030).
0-29-
22-13-0030).
NOW, THEREFORE, BE IT RESOLVED that the city council approve the above-
described vacation for the following reasons:
1. It is in the public interest.
2. The existing right-of-way is not used or needed for street purposes.
3. The adjacent properties have adequate street access.
This vacation is subject to the city keeping a drainage and utility easement over the entire
vacated right-of-way.
Seconded by Councilmember Rossbach Ayes -
2. 7:30 P.M. Toenjes Hills Estates (1966 McMenemy Street)
a. Vacations
b. Preliminary Plat
a. City Manager Fursman presented the report.
b. Associate Planner Roberts presented specifics from the report.
Commissioner Mueller presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following persons were heard:
Todd Erickson, Folz, Freeman, Erickson, Inc. Engineer for the project
Joe Delaney, 7446 Stillwater Boulevard, Oakdale
William Giles, 1967 McMenemy, Maplewood
Mark Johnson, 1961 McMenemy, Maplewood
Joe Delaney, second appearance
Todd Erickson, second appearance
Joe Delaney, third appearance
Mayor Cardinal closed the public hearing.
City Council Meeting 05-10-04
Councilmember Rossbach moved to table this item and requested that the three parties
(Toenj es, Delaney and Shrier) work together and contact the city with a decision within
seven days if they can agree on a proposal together. This item will return to council at
the May 24, 2004 meeting.
Seconded by Councilmember Koppen Ayes -All
7:40 P.M. Conditional Use Permits - Peltier (1236 Kohlman Avenue)
a. Expansion of Non -Conforming Use
b. Over -sized Accessory Structure
City Manager Fursman presented the report.
b. Associate Planner Roberts presented specifics from the report.
Commissioner Mueller presented the Planning Commission Report.
d. Mayor Cardinal opened the public hearing, calling for proponents or opponents.
The following person was heard:
Steven Peltier, the applicant
Mayor Cardinal closed the public hearing.
Councilmember Rossbach moved to adopt the following resolution approving a
conditional use permit for the expansion of a non -conforming residential use to add a
detached accessory structure to a property in a light manufacturing (M-1) zoning
district at 1236 Kohlman Avenue:
CONDITIONAL USE PERMIT RESOLUTION 04-05-089
WHEREAS, Steven Peltier applied for a conditional use permit to expand a
nonconforming residential use (addition of a 1,344 square foot detached accessory structure)
within a light manufacturing (M-1) zoning district;
WHEREAS, this permit applies to property located at 1236 Kohlman Avenue,
Maplewood, Minnesota. The legal description is: Tract B, Registered Land Survey 477.
WHEREAS, the Ramsey County Property Identification Number for this property is
04-29-22-44-0043.
WHEREAS, the history of this conditional use permit is as follows:
On April 26, 2004, the planning commission recommended that the city council
approve the conditional use permit.
2. On May 10, 2004, the city council held a public hearing. City staff published a notice in
the Maplewood Review and sent notices to the surrounding property owners. The
council conducted the public hearing whereby all public present were given a chance to
speak and present written statements. The city council also considered reports and
City Council Meeting 05-10-04
recommendations from the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-
described conditional use permit based on the building and site plans. The city approved this
permit because:
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.
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 runoff, 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.
Approval of the conditional use permit is subject to the following conditions:
Expansion of the nonconforming residential use applies to the construction of a 1,344
square foot detached accessory structure. Any future addition or accessory structure
will require a separate conditional use permit approved by the city council.
2. Expansion of the nonconforming residential use must follow the site plan approved by
the city. The director of community development may approve minor changes.
The proposed expansion must be started within one year after city council approval or
the permit shall end. The city council may extend this deadline for one year.
4. The conditional use permit shall be reviewed by the city council in one year.
Seconded by Councilmember Koppen Ayes -All
Councilmember Rossbach moved to adopt the following resolution approving a
conditional use permit for an oversized accessory structure:
City Council Meeting 05-10-04
CONDITIONAL USE PERMIT RESOLUTION 04-05-090
WHEREAS, Steven Peltier applied for a conditional use permit to construct an
oversized detached accessory structure (1,344 -square -feet in area);
WHEREAS, this permit applies to property located at 1236 Kohlman Avenue,
Maplewood, Minnesota. The legal description is: Tract B, Registered Land Survey 477.
WHEREAS, the Ramsey County Property Identification Number for this property is
04-29-22-44-0043.
WHEREAS, the history of this conditional use permit is as follows:
On April 26, 2004, the planning commission recommended that the city council
approve the conditional use permit.
2. On May 10, 2004, the city council held a public hearing. City staff published a notice in
the Maplewood Review and sent notices to the surrounding property owners. The
council conducted the public hearing whereby all public present were given a chance to
speak and present written statements. The city council also considered reports and
recommendations from the city staff and planning commission.
NOW, THEREFORE, BE IT RESOLVED that the city council approves the above-
described conditional use permit based on the building and site plans. The city approved this
permit because:
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.
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 runoff, 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.
City Council Meeting 05-10-04
9. The use would cause minimal adverse environmental effects.
Approval of the conditional use permit is subject to the following conditions:
The detached accessory structure is limited in size to 1,344 square feet in area and 19
feet in height, as measured from ground grade to the peak of the roof.
2. Impervious surface for the driveway is limited to a concrete parking pad in front of the
garage that is no larger than 28 feet wide by 20 feet deep, with the remainder of the
driveway as gravel. Any additional impervious surface will bring the property over the
allowable 35 percent impervious surface coverage as approved by the city council, and
will require additional city council approval of an impervious surface variance.
Prior to issuance of a grading or building permit, the following must be submitted and
approved by city staff:
Samples of exterior materials and colors used on the detached accessory
structure. The materials and colors must be compatible to the house.
b. A grading escrow of $1,000 will be required with grading permit to ensure
proper construction of the rainwater and infiltration gardens.
4. The following conditions apply to the excavation and continued maintenance of
drainage on the site:
Grade driveway to drain to the most northerly rainwater and infiltration garden.
b. Use a clean river rock for gravel part of driveway to allow for infiltration.
Care will need to be taken during the construction of the rainwater gardens to
ensure they will infiltrate.
d. Maintain rainwater gardens as designed to ensure continued infiltration.
5. The detached accessory structure is approved only for residential use of the owner or
occupant and shall not be used for commercial or business purposes.
6. All construction shall follow the site plan approved by the city. The director of
community development may approve minor changes.
7. The proposed construction must be started within one year after city council approval
or the permit shall end. The city council may extend this deadline for one year.
8. The conditional use permit shall be reviewed by the city council in one year.
Seconded by Councilmember Koppen Ayes -All
L AWARD OF BIDS
None
City Council Meeting 05-10-04
J. UNFINISHED BUSINESS
Appointment for 800 MHz
City Manager Fursman presented the staff report.
b. City Clerk Guilfoile presented specifics from the report.
Mayor Cardinal moved to appoint Councilmember Juenemann as the 800 MHz
representative with Councilmember Rossbach as the alternate.
Seconded by CouncilmemberMonahan-Junek Ayes -All
A five-minute break was taken.
K. NEW BUSINESS
Cable Commission Presentation
City Manager Fursman presented the staff report.
b. Assistant City Manager Coleman presented specifics from the report.
Cable Commissioner Facile and Tim Finnerty, Executive Director of the Cable
Commission, provided further specifics.
Mayor Cardinal moved to direct Kim Facile to bring option #4 in draft form) to the
Cable Commission for consideration at the May 13th, 2004 meeting.
Seconded by CouncilmemberRossbach Ayes -All
Mayor Cardinal moved to limit Maplewood's participation of the Cable Commission
legal expenses to 25%.
Motion died for lack of a second.
Councilmember Monahan-Junek moved to direct Kim Facile to bringto o the
commission a policy that will be created by City Manager Fursman and Commissioner
Facile that will include consequences for committing lesser infractions such as slander,
telling lies about individuals, etc.
Seconded by Councilmember Koppen Ayes -All
2. Stop Sign Requests
a. City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
The following persons were heard:
City Council Meeting 05-10-04 10
Patty Krause, 2517 Forrest Street, Maplewood
Kurt Davis, 950 Demont Avenue, Maplewood
Melanie Grover -1758 Edward Street, Maplewood
John Jacobson, 1144 Ripley, Maplewood
Councilmember Rossbach moved to install a four way stop on the corner of Forest
Street and Connor Street.
Seconded by Councilmember Koppen
Motion withdrawn
Councilmember Koppen moved to install a two way stop on Connor Street to be
reviewed by staff and council in one year.
Seconded by Mayor Cardinal Ayes -All
Councilmember Monahan-Junek moved to replace the yield signs at Rosewood Avenue
South, Mary knoll Avenue and Rosewood Avenue North at Kennard Street with stop
signs and to review the recommendation once again in one year.
Seconded by Councilmember Koppen Ayes -All
Councilmember Juenemann moved to extend the meetin- until the a,-enda is
completed
Seconded by Councilmember Monahan-Junek Ayes -All
Mayor Cardinal moved to monitor Edward Street and Sophia Avenue for a six-month
period of time for staff and residents to arrive at a different solution other than the
installation of stop signs.
Seconded by Councilmember Koppen Ayes -All
Hazelwood/County Road C Area Streets, Project 03-18 - Assessment Objection
Recommendations
City Manager Fursman presented the staff report.
b. City Engineer AN presented specifics from the report.
Councilmember Juenemann moved to adopt the following resolution for the adoption of
the revised assessment roll for the Hazelwood/County Road C Area Street
Improvements:
RESOLUTION 04-05-091
ADJUSTMENTS TO ASSESSMENT ROLL
WHEREAS, pursuant to a resolution adopted by the City Council on April 26, 2004,
the assessment roll for the Hazelwood/County Road C Area Street Improvements, City Project
City Council Meeting 05-10-04 11
03-18 was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429,
and
WHEREAS, four property owners filed objections to their assessments according to the
requirements of Minnesota Statutes, Chapter 429, summarized as follows:
Rodney and Helen McClellan, 2552 Germain Street North, (PIN 102922120015): Requests
a senior citizen deferral of their assessment.
2. Mary J. Strand, 2452 Germain Street North, (PIN 102922130023): Requests a reduction of
her assessment to one residential unit for storm sewer and street reconstruction.
3. Roger Kessler, future 1663 and 1669 Demont Avenue East (PIN 102922110078): Requests
an undeveloped property deferral of the assessment.
4. Curtis R. Bjorklund, 1651 and future 1659 Demont Avenue East (PIN 102922120053 and
102922120022): Requests a disability deferment of the assessment for PIN 102922120053
and an undeveloped property deferral of the assessment for PIN102922120022.
5. David N. Pritchard, 1554 Sextant Avenue East (PIN 102922130053): Review for accuracy.
6. Donna M. Oakes, 1578 Sextant Avenue East (PIN 102922130056): Review for accuracy.
7. Stephen A. Gravely, 1570 Sextant Avenue East (PIN 102922130055): Review for
accuracy.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
MAPLEWOOD, MINNESOTA:
A. That the City Engineer and City Clerk are hereby instructed to make the following
adjustments to the assessment roll for the Maplewood Drive/Keller Parkway Resurfacing, City
Project 03-02:
Rodney and Helen McClellan, 2552 Germain Street North, (PIN 102922120015): Grant
request for a senior citizen deferral of their assessment contingent on the petitioner
providing the appropriate documentation. The assessment will accrue interest at a rate of
5.0%.
2. Mary J. Strand, 2452 Germain Street North, (PIN 102922130023): Grant request for a
reduction of her assessment to one residential unit for storm sewer and street
reconstruction.
Roger Kessler, future 1663 and 1669 Demont Avenue East (PIN 102922110078): Grant
request for undeveloped property deferral of the assessment. The assessment is deferred for
15 years, or until such time as the property is sold or developed. The assessment will
accrue interest at a rate of 5.0%.
4. Curtis R. Bjorklund, 1651 and future 1659 Demont Avenue East (PIN 102922120053 and
102922120022): Grant request for a disability deferment of the assessment for PIN
102922120053 contingent on the petitioner providing the appropriate documentation. The
assessment will accrue interest at a rate of 5.0%. Grant undeveloped property deferral of
City Council Meeting 05-10-04 12
the assessment for PIN102922120022. The assessment is deferred for 15 years, or until
such time as the property is sold or developed. The assessment will accrue interest at a rate
of 5.0%.
5. David N. Pritchard, 1554 Sextant Avenue East (PIN 102922130053): Accept assessment as
originally proposed.
6. Donna M. Oakes, 1578 Sextant Avenue East (PIN 102922130056): Accept assessment as
originally proposed.
7. Stephen A. Gravely, 1570 Sextant Avenue East (PIN 102922130055): Accept assessment
as originally proposed.
B. Such assessments shall be payable in equal annual installments extending over a
period of 15 years, the first installments to be payable on or before the first Monday in January
2004 and shall bear interest at the rate of 5.0 percent per annum for the date of the adoption of
this assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2004. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
C. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, but no later than October 1, 2004, pay the whole of the
assessment on such property, with interest accrued to the date of the payment, to the city clerk,
except that no interest shall be charged if the entire assessment is paid within 30 days from the
adoption of this resolution; and they may, at any time after August 1, 2004, pay to the county
auditor the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the next succeeding year.
D. The city engineer and city clerk shall forthwith after October 1, 2004, but no later
than November 15, 2004, transmit a certified duplicate of this assessment to the county auditor
to be extended on the property tax lists of the county. Such assessments shall be collected and
paid over the same manner as other municipal taxes.
Seconded by Councilmember Koppen Ayes -All
4. Ordinance Amending the City Code Relating to Nuisances — First Reading
City Manager Fursman presented the staff report.
b. Deputy Police Chief Bannick presented specifics from the report.
Councilmember Koppen moved to adopt the first reading of the following Amended
City Code Relating to Nuisances:
ORDINANCE NO. 849
AMENDING CHAPTER OF THE CITY CODE RELATING
TO NUISANCES
Sec. 1. Purpose and intent.
The purpose of this article is to protect the public health, safety and welfare and to
reduce public exposure to health risks where law enforcement officers have determined
City Council Meeting 05-10-04 13
that hazardous chemicals from a suspected clandestine drug lab or chemical dump site
may exist. These conditions present health and safety risks to occupants and visitors of
such structures and land through fire, explosion and skin and respiratory exposure to
chemicals. The City Council finds that such sites may contain hazardous chemicals,
substances or residues that place people, particularly children or adults of child-bearing
age, at risk of exposure through inhabiting the property, visiting the property or using or
being exposed to contaminated personal property.
Sec. 2. Definitions.
Child means any person less than 18 years of age.
Chemical dump site means any place or area where chemicals or other waste
materials have been located.
Clandestine drug lab means the unlawful manufacture or attempt to manufacture
controlled substances.
Clandestine drug lab site means any place or area where law enforcement has
determined that conditions associated with the operation of an unlawful clandestine
drug lab exist. A clandestine drug lab site includes any dwellings, accessory structures,
buildings, a chemical dump site, a vehicle, boat, trailer or other similar appliance or any
other area, land or location.
Cleanup means proper removal and/or containment of substances hazardous to
humans and/or the environment at a clandestine drug lab site or chemical dump site.
Controlled substance means any drug, substance or immediate precursor in
Schedules I through V of Minnesota Statutes Section 152.02. The term does not
include distilled spirits, wine, malt beverages, intoxicating liquors or tobacco.
Owner means any person, firm, corporation or other entity who owns, in whole or in
part, the land, building, structure, vehicle, boat, trailer or other location associated with a
clandestine drug lab site or chemical dump site.
Public health nuisance means a nuisance as defined under Section 18-31 of the
Maplewood City Code or under Minnesota Statute Section 145A.02, subd. 17.
Remediation means methods such as assessment, evaluation, testing, venting,
detergent scrubbing, enclosure, encapsulation, demolition and/or removal of
contaminated materials from a clandestine drug lab site or chemical dump site.
Sec. 3. Declaration of property as a public health nuisance.
(1) Any property containing a clandestine drug lab or chemical dump site will be
declared a public health nuisance.
(2) No person may occupy, enter or allow occupancy or entrance to property
declared a public health nuisance under this section until such declaration is
vacated or modified to allow occupancy.
Sec. 4. Law enforcement notice to other authorities.
Upon identification of a clandestine drug lab site or chemical dump site deemed to
place neighbors, visiting public or present and future occupants of the affected property
at risk for exposure to harmful contaminants and other associated conditions, law
enforcement officials shall notify the City Environmental Health Official and other
appropriate municipal, child protection and public health authorities of the property
location, the property owner, if known, and conditions found.
Sec. 5. Seizure of property.
City Council Meeting 05-10-04 14
(1) If a clandestine drug lab or chemical dump site is located inside a vehicle,
boat, trailer or other form of moveable personal property, law enforcement
authorities may immediately seize such property and transport it to a more
secure location.
(2) Personal property may not be removed from a clandestine drug lab site or a
chemical dump site without prior consent from the City Environmental Health
Official.
Sec. 6. Action by City Environmental Health Official.
(1) Upon notification by law enforcement authorities, the City Environmental
Health Official or other appropriate municipal or public health authority will
issue a Declaration of Public Health Nuisance for the affected property and
post a copy of the Declaration at all probable entrances to the dwelling or
property.
(2) Removal of the posted Declaration of Public Health Nuisance by anyone
other than the Environmental Health Official, law enforcement authorities or
their designees is prohibited.
(3) The City Environmental Health Official shall also attempt to notify the
following parties of the Declaration of Public Health Nuisance:
(a) Owner of the property;
(b) Occupants of the property;
(c) Neighbors within close proximity that can be reasonably affected
by the conditions found;
(d) The City of Maplewood Police Department and
(e) Other state and local authorities, such as the Minnesota Pollution
Control Agency and the Minnesota Department of Public Health,
which are known to have public and environmental protection
responsibilities applicable to the situation.
(4) Any rental license issued by the city for the property is immediately
suspended upon issuance of the Declaration of Public Health Nuisance.
Such license will be reinstated only after full compliance with an abatement
order.
(5) After issuance of the Declaration of Public Health Nuisance, the City
Environmental Health Official will issue an order to the property owner to
abate the public health nuisance. The abatement order will include the
following:
(a) A copy of the Declaration of Public Health Nuisance;
(b) An order to immediately vacate those portions of the property,
including building or structure interiors, which may place the
occupants or visitors at risk;
(c) Notification of suspension of the rental license, if applicable;
(d) A summary of the owner's and occupant's responsibilities;
(e) Information on locating professional services necessary to remove
and abate the public health nuisance status as provided in this
ordinance and Minnesota State Statute Section 145A.04 and
(f) Information about the potentially hazardous condition of the clandestine
drug lab site or chemical dump site.
Sec. 7. Responsibilities of owner.
City Council Meeting 05-10-04 15
(1) Upon receipt of an abatement order by the City's Environmental Health
Official, the property owner must, at the owner's expense:
(a) Immediately vacate those portions of the property, including building
or structure interiors, that may place the occupants or visitors at risk.
This includes dwellings, buildings, motor vehicles, trailers, boats,
appliances or any other affected area or location. No persons shall
occupy, enter or allow occupancy or entrance to a building or
structure declared a Public Health Nuisance until such declaration is
vacated or modified to allow occupancy;
(b) Properly secure and post warning signs on the perimeter of any
contaminated areas on the property in an effort to avoid exposure to
unsuspecting parties;
(c) Promptly contract with one or more acceptable environmental hazard
testing and cleaning firms (acceptable firms are those that have
provided assurance of appropriate equipment, procedures and
personnel, as determined by the Minnesota Department of Health)
to accomplish the following:
1) A detailed on-site assessment of the extent of contamination at
the site and the contamination of the personal property therein;
2) Soil testing of the site and testing of all property and soil in
proximity to the site that the environmental hazard testing and
cleaning firm determines may have been affected by the
conditions found at the site;
3) A complete cleanup of all property and soil at the site and in
proximity to the site that is found to be affected by conditions
found at the site (including, but not limited to, the cleanup or
removal of contaminated plumbing, ventilation systems, fixtures
and contaminated soil) or a demolition of the site and a complete
cleanup of the demolished site and
4) Remediation testing and follow-up testing to determine all health
risks are sufficiently reduced, according to the Minnesota
Department of Health guidelines, to allow safe human occupancy
and use of the site and use of the personal property therein.
(d) Regularly notify the city of actions taken and reach agreement with the
city on the cleanup schedule. The city shall consider practical
limitations and the availability of contractors in approving the schedule
for cleanup and
(e) Provide written documentation to the city of the cleanup process,
including a signed, written statement that the property is safe for human
occupancy and that the cleanup was conducted in accordance with
Minnesota Department of Health guidelines.
(2) The property may not be re -occupied or used in any manner until the city has
obtained the written statement in Section 7 (1) (e) and has confirmed that the
property has been cleaned in accordance with the guidelines established by
the Minnesota Department of Health.
Sec. 8. Owner's responsibility for costs.
The owner is responsible for all costs associated with nuisance abatement and
cleanup of the clandestine drug lab site or chemical dump site, including, but not limited
to, costs for:
(1) Emergency response;
City Council Meeting 05-10-04 16
(2) Posting and physical security of the site;
(3) Notification of affected parties;
(4) Expenses related to the recovery of costs, including the assessment process;
(5) Laboratory fees;
(6) Cleanup services;
(7) Administrative fees and
(8) Other associated costs.
Sec. 9. City authority to initiate cleanup and recovery of costs.
(1) If, within ten (10) days after service of notice of the Declaration of Public
Health Nuisance, the city is unable to locate the property owner or if the City
Environmental Health Official determines that the owner refuses to or cannot
pay the costs or arrange timely assessment and cleanup that is acceptable to
the city, the City Environmental Health Official is authorized to proceed in a
prompt manner to initiate the on-site assessment and cleanup.
(2) The city may abate the nuisance by removing any hazardous structure,
building or otherwise in accordance with Minnesota Statutes Chapter 463,
Chapter 18 of the Maplewood City Code or by any other means provided
under law.
(3) If the city abates the public health nuisance, in addition to any legal remedy,
it is entitled to recover all costs associated with such abatement plus an
additional 25% of the city's costs for administration. In addition to any other
legal remedy, the city may recover costs by civil action against the person or
persons who own the property or by assessing such costs as a special tax
against the property in the manner that taxes and special assessments are
certified and collected pursuant to Minnesota Statutes Section 429.101 and
Section 18-37 of the Maplewood City Code.
Sec. 10. Authority to modify or remove declaration of public health nuisance.
(1) The Environmental Health Official is authorized to modify the Declaration
conditions or remove the Declaration of Public Health Nuisance.
(2) Such modifications or removal of the Declaration shall only occur after
documentation from a qualified environmental or cleaning firm stating that
the health and safety risks, including those to neighbors and potential
dwelling occupants, are sufficiently abated or corrected to allow safe
occupancy of the dwelling.
Sec. 11. Penalties.
Any person violating any provision of this ordinance is guilty of a misdemeanor and
upon conviction shall be subject to the penalties set forth in Minnesota Statute Section
609.02, subd. 3.
Sec. 12. Severability.
Should any section, subdivision, clause or other provision of this ordinance be held
to be invalid by any court of competent jurisdiction, such decision shall not affect the
validity of the ordinance as a whole, or of any part thereof, other than the part held to be
invalid.
Sec. 13. Effective date.
City Council Meeting 05-10-04 17
L.
This ordinance shall take effect upon its passage and publication.
Seconded by Councilmember Juenemann Ayes -All
VISITOR PRESENTATIONS
Robert Arndt, 2144 Sloan Street, Maplewood, informed the public that May 15-
22nd is National Tinnitus (a ringing in the ears) Awareness Week.
M. COUNCIL PRESENTATIONS
South Leg Group — Councilmember Rossbach requested a budget for
expenditures for the South Leg Group.
Mayor Cardinal moved to approve a budget for expenditures for the South Leg
Group.
Seconded by Councilmember Koppen
Ayes -Mayor Cardinal,
Councilmembers Koppen and
Rossbach
Nays-Councilmembers Juenemann
and Monahan-Junek
2. Visitor Presentation — Councilmember Rossbach suggested that Visitor
Presentations be moved to the beginning of the agenda.
Mayor Cardinal moved to put Visitor Presentations on the agenda with
Appointments/Presentations for a period of 15 minutes.
Seconded by Councilmember Rossbach
Motion failed.
0
31
Ayes -Mayor Cardinal and Councilmember
Rossbach
Nays-Councilmembers Juenemann,
Monahan-Junek and Koppen
Ice Arena Update-Councilmember Monahan-Junek gave an update on the last
committee meeting. Then next meeting will be held at the arena on May 20tH
Code of Conduct-Councilmember Monahan-Junek requested that the Code of
Conduct be discussed at a future meeting.
Councilmember Monahan-Junek moved to include this item on a future
Council/Manager Workshop_
Seconded by Mayor Cardinal
Ayes -All
NEST-Councilmember Koppen gave an update on NEST and asked that the
City News publish NEST ads on a more frequent basis.
Azure Property Request-Councilmember Rossbach discussed the Azure
City Council Meeting 05-10-04
18
N.
Properties request from the May 10th Council Meeting and possible
reconsideration.
Councilmember Koppen moved to direct staff to consider language changes to
the zoning code allowing, expanding uses providing there are conditions
attached.
Seconded by Councilmember Rossbach
Ayes -Mayor Cardinal,
Councilmembers Koppen,
Monahan-Junek and Rossbach
Nays-Councilmember Juenemann
7. Beam Avenue (White Bear to McKnight)-Councilmember Rossbach asked that
in the new Capital Improvement plan is it possible to apply traffic medication
devices to the project plan? City Engineer AN confirmed that it could be added
to the plan.
Cops `n Lobsters-Councilmember Juenemann provided a report on the success
of the Cops `n Lobsters Program. The officers will be serving again this
Thursday, May 13th, 5:30-8:30 p.m.
9. National Law Officers Week (May 9th-15th)-Councilmember Juenemann gave a
history of the week. In recognition, Maplewood Squad Cars will be wearing
blue ribbons in honor of those who have given their lives in service.
10. Emergency Food Shelf Report -Mayor Cardinal presented council with the 2003
report for the Oakdale/North St. Paul/Maplewood Food Shelf.
11. Rain Gardens-Councilmember Juenemann noted in this month's edition of
Minnesota Conservation Volunteer there is a spread on rain gardens with a
garden from Maplewood featured.
ADMINISTRATIVE PRESENTATIONS
Smoke Free Maplewood -This item will be placed on the agenda at the May 24,
2004 meeting.
2. Personnel Issues Communication -City Manager Fursman gave an overview of
city policy regarding how personnel issues are handled according to the
council/manager form of government.
50th Anniversary Committee -Mayor Cardinal announced that the City Council
will be 50 years old in February of 2007.
O. ADJOURNMENT
Councilmember Juenemann moved to adiourn the meeting at 12:10 a.m.
Seconded by Councilmember Koppen Ayes -All
City Council Meeting 05-10-04
19
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. Have you recently visited a local neighborhood park or neighborhood preserve? If ye,
discuss your experience and past usage of the city parks system.
3. Have you or a family member participated in a Parks and Recreation Department
program offering? If yes, what program did you participate in?
4. What changes and/or improvements would you like to see the City Council and Parks
and Recreation Commission consider for the city's parks and open space system?
The Commission currently does not have any representatives located south of Larpenteur
Avenue. This is a high priority for the Commission given the active park development proposed
in southern Maplewood and the need for equal and fair representation throughout the
community.
RECOMMENDATION
Staff recommends the City Council interview the five applicants and make recommendation to
fill the two openings prior to the next Parks and Recreation Commission meeting scheduled for
Monday, May 17.
kh\commission interviews.mem.comm
TO; Parks and Recrey do
FROM: Bruce K. An
DATE: March 9, 2004 for
MEMORANDUM
ion
Recreation
nd Recreation Commission Meeting
SUBJECT: Parks and Recreation Commission/Council Policies
Introduction
The Maplewood City Council is currently reviewing policies related to the volunteer commissions
within the city. The city council will be considering a formal policy at their regularly scheduled
meeting on March 22, 2004.
Background
The Maplewood City Council is currently discussing a variety of new policies regarding city
commissions. Enclosed is a copy of the draft memo that was reviewed by the city council at the
council/manager workshop on February 23.
Policies that the city council has verbally agreed to are as follows:
1. Term limits will not be modified from the current policy. The council indicated that they
would appoint commissioners based on service, quality and commitment to the
respective commission.
2. The council will be requesting the commission forward two names (required) to the city
council as possible chairpersons. The council will then select one of the two individuals
for chairperson.
3. The council will be interviewing commission applicants. The council has requested that
the commission prepare questions for council consideration as part of the interview
process. The council further indicated that it is their desire to have the chairpersonof the
commission attend the interview process, although the chairperson would not have a
vote in the process.
4. The chair or designee of each commission would be requested to provide a presentation
to the city council regarding commission action. The planning and design review
commissions currently do this and they felt this concept should be extended to the
remaining commissions as well.
5. There currently is discussion that each commission will have a council liaison. The
council has not made these assignments, but I have heard from Jackie Monahan-Junek
that she will request to serve as the liaison to the Parks and Recreation Commission.
Staff requests that the Parks and Recreation Commission consider questions for council
consideration. To that end I have prepared the following questions for your consideration:
1. What do you see as the role of a parks and recreation commissioner? Furthermore, what
is the relationship between the parks and recreation commission and the city council?
Role between the parks and recreation commission and city staff?
2. The parks and recreation commission currently oversees all matters relating to parks
and recreation improvements, acquisition and development within the city. Outline the
key elements you would include in the park planning process.
3. Do you believe the residents should have input in the park planning process and how
would you weigh the comments from a property owner who abuts a park as contrasted
to someone who lives six blocks to three miles away from the site?
4. How would you balance the requests from residents for active park needs as contrasted
with passive park needs?
5. The public policy issue of paving trails and making trails handicapped accessible within
open space areas has pros and cons. How would you balance the needs of the public to
have access to the park, as contrasted with the negative environmental impact of paving
trails and providing greater access to environmentally sensitive areas?
I would welcome and encourage the commission to provide any additional questions that you
would like the council to consider as well.
Recommendation
Staff recommends that the Parks and Recreation Commission provide comments regarding the
proposed policies regarding commissions and submit a formal list of questions for
council/commission interview consideration.
Wcommission council policies.mem.comm.
Enclosure
2
PARKS & RECREATION COMMISSION APPLICANTS
INTERVIEW SCHEDULE ON MAY 10, 2004
Kendra Ryan 6:00 p.m.
Tom Geskermann 6:10 p.m.
Daniel Lee 6:20 p.m.
Richard Currie 6:30 p.m.
John Piechowski 6:40 p.m.
Daniel Enga 6:50 p.m.
CITY OF MAPLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
ADDRESS_ ----------
PHONE NO. Work:_ –�Q 21� - kaY�----------
E MA I L_—cam; �,�� Z = �, �c_v�-- FAX-----------------------
1) How long have you lived in the City of Maplewood?______ --_----_—__�—_
2) Will other commitments make regular attendance at meetings difficult? Yes ----- No _
Comments:
On which Board or Commission are you interested in serving? (please check)
A description of the duties of each committee is on back.
Community Design Review Board ___Park & Recreation Commission
__ Housing & Redevelopment Authority __Planning Commission
_Human Relations Commission _Police Civil Service Commission
—Environmental Committee Historic Preservation Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities?
,'J17�
5) List other organizations or clubs in the Community in which you have been or are an active participant:
Cr3ann�a� 1Qn�.N Z o0
6) Why would you like to serve on the Board or Commission?
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ADDITIONAL COMMENTS: -. G,VV1 (I+LreSt-M on ';�ervLn
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���v'�
THE INFORMATION CONTAINED IN THIS APPLICATION AND ANY ATTACHMENT PROVIDED ARE CONSIDERED
PUBLIC INFORMATION EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS.
Return or mail this application to:
City of Maplewood
1830 County Road B East, Maplewood MN 55109
P\COM-D VPT\W ORD\COMMISSION-BOARD 11/03
CITE' OF fi/ APLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
NAME ; �I �i ✓`�
4DDRESS
PHONE NO. Work: , cc, I 1-� i c Home: (��� I l ? _1.71 "L DATE
I ) How long have you lived in the City of Maplewood? -? �; `(
2) Will other commitments make regular attendance at meetings difficult? Yes No
Comments: ---- 1'P-�'i '� o�� -�:`1` 5 ^i i '= S _ c i= 1 r t� �,✓ C�
3) On which Board or Conuxussion are interested in serving? (please check)
Community Design Review Board _ Park & Recreation Commission
Housing & Redevelopment Authority Planning Commission
Human Relations Commission Police Civil Service Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities?
5) List other organizations or clubs in t Community in which you have been or are an active participant:
!tit ` �CR' A H`"
s 14 r-
6) Why would you like to serve on this Board or Commission?
ALL-
ADDITIONAL
�
ALL-
ADDITIONAL CONMIENTS:
THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC
EXCEPT FOR HOME AND .WORK TELEPHONE NUMBERS.
Return or mail this application to: City of Maplewood, 1830 County Road E East, Maplewood, MN 55109
S:\CTY MGR\BOARDS AND COMMISSIONS APPLICATIONAm 11/05/03
NAME
ADDRESS
PHONE NO
EMAIL —
CIT Y OF M�PLEWOOD
BOARDS AND COMMISSIONS
APPLICANT INFORMATION FORM
_L — r o
Work: / -7Y – L`Home: %%L-
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1) How long have you lived in the City of Maplewood? — Sy '�"'` l y— I r��e,��' �,x,Q yrs,
f G z.�
2) Will other commitments make regular attendance at meetings difficult? Yes No %_
Comments:
On which Board or Commission are you interested in serving? (please check)
A description of the duties of each committee is on back.
_Community Design Review Board _7 Park & Recreation Commission
Housing & Redevelopment Authority Planning Commission
Human Relations Commission Police Civil Service Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities?
AV%
Cerin v"\ ✓-6 -1 V%--O-V.�
5) List other organizations or clubs in the Community in which you have been or are an active participant:
6) Whv would you like to serve on the Board or Commission? 1 X4Com;
l / I G• 1V�/Ike Cid iV ��'[.�l,
1%\
ADDITIONAL COMMENTS: —L r-�� '^Y EX�°�;e�,��2
S VLu O -t - C"C (c �rwY S �j�e r -i � L ,
THE INFORMATION CONTAINED IN THIS APPLICATION AND ANY ATTACHMENT PROVIDED ARE CONSIDERED
PUBLIC INFORMATION EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS.
Return or mail this application to:
City of Maplewood
1830 County Road B East, Maplewood MN 55109
P\COM-DV PT\W ORD\COMMISSION-BOARD 71 /03
0r f h,,-1, P LE: VVDC :)D
B0 A, RDS .4,ND C0MMISSIC)Iq!S
A PPUCAIXT INIFOPMAATION FORM
✓iE I C, r to i i oiC
,DDRESS 737
�,t,.u�hment 2
ZIP Ss71�-zZ �f
PHONE NO. V\/ori: _ — Home: - 7 l – z937 GATE
1) How Iona have you lived in the City of Maplewood?�upnn�-
2) Will other commitments make regular attendance at meetings difficult? Yes No
Comments:
3) On which Board or Commission are you interested in serving? (please check)
Community Design Review Board Park & Recreation Commission
Housing & Redevelopment Authority Planning Commission
Human Relations Commission Police Civil Service Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities?
r 3 y69qr- S ;X-lsld .m i,�-r. i z ; A) . . ,
5) List other organizations or clubs in the Community in which you have been or are an active participant:
3t�`,,L(((���
J u J
6) Why would you like to serve on this Board or Commission?
ADDITIONAL COMMENTS:
THE INFORMATION CONTAINED IN THIS APPLICATION SHALL Bc CL ASSIFIED AS PLBLIC.
FORMS\BRDBCOMM.AK
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CET`t`' OF MAPLEWOOD
SO -ARDS AND COMMISSIONS �
APPLICANT INFORMATION FORM
NAME e.G ,
ADDRESS- 'i a b��� s l3 14,,c_2 1
PHONE NC. Work: �d -6 -oL( Hoine: 6 �/ — 7 7 9 ?'z! S`�' DATE
2S1
1) Hove long have you lived in ncr City of Maplewood? S_ rwe-:5
?) Will other commitments make regular attendance at meetings difficult'? Yes No
Comments: iVA � �r ltle R ��,•�crCt n6�r�t , fir' ` " be 4L �'a A 7t%c�r Nrt Zr
3) On which Board or Commission are interested in serving? (please check)
Community Design Review Board Park & Recreation. Commission
Housing & Redevelopment Authority Planning Commission
Human Relations Commission Police Civil Service Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities'?
IV,� rPa lJy, j 4-, h L,,Llr�. .E e#44
5) List other organizations`^or clubs in the Community/in which you have been ox are an active participant;
Nd. S1. RA-/A4h lCT(C 9 -rbc, W414' l %4LNr�� / ��V SiO�� �%Yli�� �� ��✓PQSi,JGt�
0,41col.rlC !4 + A (l�
6) Why would you like to serve on this Board or Commission?
I'o help ,4.ss_sf` _jA dk.o_ dc..tlo�d:+�,.T o1� �i����l^ r+` i<.wr�� -4lr�c�� -Kc 5
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TN.e INFORMATION GONTAIINEt7 IN THIS APPLICATION SHALL RE CLASSIFIED AS F'UBUC
EXC6PT FOR HOME AND WORK TELEPHONE NUMBERS.
Return or mail this application to; City of Maplewood, 1830 County Road B Eastp Mopiowood, Mk 55909
S;%CrY,%101PBOARM5 AND COMMISSIONS APPLICAYION.d- I IIOSN]
CITY OF I1 APLEWOOD
BOARDS AND COMMISSIONS
APPLIC-ANT INFORMATION FORIVi
ADDRESS
PHONE N0. Work: (,�31 Home:
1) How lone have you lived in the City of Maplewood?
2) «%ill other cone fitments snake regular attendance at meetuigs difficult?
DATE S 16y
Yes
No x
Comments: T L' �C� 0Je; �h *lo-\ ���C� �I T I b z ��i� �r u
I i �S- I aJ
3) On which Board or Commission are interested in seining? (please check)
Community Design Review Board X Park & Recreation Commission
X Housuig & Redevelopment Authority Planning Commission
_�v, Human Relations Commission Police Civil Service Commission
Environmental Committee x Historic Preservation Commission
4) Do you have any specific areas of interest within this Board's or Commission's scope of responsibilities?
�y�,• � f�lafQ 1 -� c�1���1i�,� ��.��, cah,h,�nic��c'h a�c� �,•�-z�� '�v�,("�Ui'1 0-� tee, Coh-,t��'\���J
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cl�� �OCz� t�V ChIJ ov\ Ei1�C 4\�
5) List otheryo�rganizations or clubs in the Community in which you have been or are an active participant:
2-0o o^�rfJ'V5� `PvU;�C�/4�Irhe�I���iS-S� t�2Vl y�oil;
V\��
Ti-, 1 •�'l E �h��i��e i�:��Crs G4L'�1�
6) Why would you like to serve on this Board or Commission? � � �1l �h Vwwi Co me
4cmp- T 601evt ir� � v le .
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ADDITIONAL COMMENTS:Cu
v,_1 root/ 4i
THE INFORMATION CONTAINED IN THIS APPLICATION SHALL BE CLASSIFIED AS PUBLIC
EXCEPT FOR HOME AND WORK TELEPHONE NUMBERS.
Return or mail this application to: City of Maplewood, 1830 County Road E East, Maplewood, MN 55109
S:\CTY_MGR\Boards & Commissions Application.doc 03!18/(14
Together We Can
April 7, 2004
Ms. Kendra Ryan
321 Larpenteur Ave. E., #223
Maplewood, MN 55117
Dear Ms. Ryan:
On behalf of the Maplewood City Council and Maplewood Parks and Recreation Commission, I
want to thank you for submitting your application for the Parks and Recreation Commission. The
Parks and Recreation Commission is a nine -member volunteer advisory board that provides
recommendations to the city council on all matters pertaining to parks and recreation, including
policy development, park acquisition, park development and trail corridors.
The commission meets on the third Monday of each month at 7 p.m. in the Maplewood Room at
Maplewood city hall. I have included a copy of the March commission agenda to give you an
idea of the breadth and scope of issues the commission reviews on a regular basis. In addition,
I've included a copy of a handbook that outlines the parks and recreation commission's duties.
The Maplewood City Council will be conducting formal interviews on Monday, May 10,_,pbor to
the city council meeting. The interviews will be held in the Maplewood Room and are scheduled
for approximately ten minutes each. Your interview time has been scheduled for 6:00 .p.m.
Should you have any questions regarding the Parks and Recreation Commission, feel free to
contact me directly at (651) 249-2102.
Sincerely,
Bruce K. Anderson
Director of Parks and Recreation
brute.k.anderson@ci.maplewood.mn.us
PARKS & RcCREAT]ON DEPARTMENT SSI- 70- n
(Proposed Amendment incorporating "Option 3" into Public Access Operating Rules)
5 - PROGRAMMING COMPLAINTS
5.1 Defamation Complaints.
a) For purposes of handling Defamation Complaints under this Article 5, the
following definitions shall apply:
i. Complainant. Complainant shall mean any person who believes that
he/she has been defamed in a program aired on a Public Access Channel.
ii. Commission. Commission shall mean the Ramsey/Washington
Counties
Suburban Cable Communications Commission I1.
iii. Defamation. Defamation shall mean any material in a program and/or
presentation determined to be defamatory, slanderous or libelous by a
court of law.
iv. Executive Director. Executive Director shall mean the Executive
Director of the Commission.
v. Offending Party. Offending Party shall mean any public access
producer or any other user that published or produced programming
containing Defamation.
b) A Complainant may file a complaint in a court of competent jurisdiction
seeking a determination that defamation occurred.
c) Upon a temporary or final order or judgment in favor of the Complainant and
against the Offending Party, the Complainant may submit a copy of the court
order to the Executive Director. (The Commission will not consider any
complaint of defamation without the presentation of an official court order that
holds that defamation occurred on the particular occasion(s) complained of by the
Complainant.)
d) Upon submission and confirmation of such Court Order by the Executive
Director, the Offending Party shall be deemed to have violated SCC Operating
Rules, and the Executive Director shall be authorized to immediately suspended
the Offending Party from public access use. The Offending Party shall
additionally be subject to permanent suspension by the Commission if the
Commission so deems.
e) Any relief sought by a Complainant or an Offending Party against the
Commission shall be limited to injunctive relief and declaratory relief. See 47
U.S.C. § 555a(a); Coplin v. Fairfield Public Access Television Committee, 111
F.3d 1395 (8th Cir. 1997).
(Proposed Amendment for an EXHIBIT B to the Public Access Operating Rules)
STEPS TO CONSIDER REGARDING DEFAMATION
Any person who believes that she or he has been defamed (slandered or libeled) in connection with a public
access telecast is advised to promptly seek legal counsel. Injunctive and declaratory relief from a Court of
competent jurisdiction may be available. (See 47 U.S.C. § 555a.)
Injunctive relief, for example, may initially be in the form of a court order temporarily restraining the airing
of the content in question, or temporarily barring the use of public access channels by the person(s)
originating the programming telecast.
General Steps Involved In Requesting A Temporary Restraining Order
1. A person who believes that she or he has been defamed may serve and file a Summons &
Complaint of defamation with a Court.
2. Upon filing, or shortly thereafter, a Motion for a Temporary Restraining Order may be filed to
temporarily halt the airing of the content in question, or temporarily barring the use of public
access channels by the person(s) originating the programming telecast.
3. Generally, a Court will review and act upon a Motion for a Temporary Restraining Order
within a short timeframe, often the same day as the filing of the Motion. If granted, the
Temporary Restraining Order will remain in place until the Court can hear and rule upon a final
temporary or permanent injunction.
WHAT IS DEFAMATION?
Defamation, also known as libel (when in written form) or slander (when spoken), is generally defined in
law as a false statement, uttered by a speaker who knew or should have know of such falsity,
communicated to third parties resulting in damage to the reputation of an individual.
HOW IS DEFAMATION DETERMINED?
Determining whether a statement is defamatory requires use of legal standards that have evolved from
many court cases over the course of many years.
Once a complaint is filed in court, a process ensues involving the discovery of facts and evidence and the
application of the legal standard pertaining to defamation. The process may need to answer the following
types of questions pertaining to that legal standard:
Was the statement false?
Was the statement made as a "statement of opinion," as opposed to a statement of fact?
Did the person who made the statement know of its falsity? If not, was the person who made the statement
"negligent" because she or he should have known of its falsity?
What is the evidence of any damage to one's reputation occurred, and is that evidence valid?
Is the plaintiff a public official or public figure?
If so, was the statement made with actual malice?
The answers to these questions may be key to a court's finding. Anyone who believes they have been
defamed should seek legal counsel regarding these and any other applicable information.
################
The information contained in this Exhibit is not legal advice. The Ramsey/Washington Counties
Cable Commission makes no representations herein as to the legal process or substantive validity of
any specific complaint about defamation. In that regard, please seek legal counsel.