HomeMy WebLinkAbout10-11-2010
MINUTES
MAPLEWOOD CITY COUNCIL
7:00p.m.,Monday,October 11, 2010
Council Chambers, City Hall
Meeting No.21-10
A.CALL TO ORDER
A meeting of the City Council was held in the City Hall Council Chambers and was called to order
at 7:07p.m.by Mayor Rossbach.
B.PLEDGE OF ALLEGIANCE
C.ROLL CALL
Will Rossbach, MayorPresent
Kathleen Juenemann, CouncilmemberPresent
Marvin Koppen, CouncilmemberPresent
James Llanas, CouncilmemberPresent
John Nephew, CouncilmemberPresent
D.APPROVAL OF AGENDA
The following items were added to the agenda by councilmembers:
N1.Land Use Training–Councilmember Nephew
N2.Extreme Green Makeover–Councilmember Juenemann
N3.Energy Conservation Workshop–Councilmember Juenemann
Councilmember Nephewmoved to approve the agenda as amended.
Seconded by Councilmember Llanas.Ayes –All
The motion passed.
E.APPROVAL OF MINUTES
1.Approval of September 27, 2010, City Council Workshop Minutes.
Councilmember Juenemannmoved to approve the September 27, 2010, City Council Workshop
Minutes as submitted.
Seconded by Councilmember Llanas.Ayes –All
The motion passed.
2.Approval of September 27, 2010, City Council Minutes.
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Mayor Rossbachmoved to approve the September 27, 2010, City Council Workshop Minutes as
submitted.
Seconded by Councilmember Nephew.Ayes –All
The motion passed.
F.APPOINTMENTS AND PRESENTATIONS
None.
G.CONSENT AGENDA
1.Councilmember Nephewmoved to approve items1-3.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
1.Approval of Claims
CouncilmemberNephewmoved Approval of Claims.
ACCOUNTS PAYABLE:
$937,259.05Checks #82341thru #82397
Dated 09/28/10
$ 355,121.87Disbursements via debits to checking account
Dated 09/20/10 thru 09/24/10
$489,390.91Checks #82398thru #82430
Dated 09/28 thru 10/05/10
$ 721,410.80Disbursements via debits to checking account
Dated 09/27/10 thru10/01/10
__________________
$ 2,503,182.63Total Accounts Payable
PAYROLL
$496,946.88 Payroll Checks and Direct Deposits dated 10/01/10
$ 2,267.75Payroll Deduction check #1009473thru #1009475
Dated 10/01/10
___________________
$499,214.63Total Payroll
GRAND TOTAL
$ 3,002,397.26
Seconded by Councilmember Koppen.Ayes –All
The motion passed.
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2.Approval of Resolution Authorizing Execution of Agreement –Safe & Sober Communities
Grant
Councilmember Nephewmoved toapprovethe resolution authorizing the execution of agreement
–Safe & Sober Communities Grant.
RESOLUTION 10-10-471
AUTHORIZING EXECUTION OF AGREEMENT
Be it resolved that the Maplewood Police Department enter into a grant agreement with the
Minnesota Department of Public Safety, Office of Traffic Safety, for the project entitled SAFE & SOBER
COMMUNITIES during the period from October 1, 2010, through September 30, 2011.
The Chief of Police of the Maplewood Police Department is hereby authorized to execute such
agreements and amendments as are necessary to implement the project on behalf of the Maplewood
Police Department.
Be it further resolved that the Sheriff of Ramsey County is hereby authorized to be the fiscal
agent and administer this grant on behalf of the Maplewood Police Department.
I certify that the above resolution was adopted by the City Council of the City of
Maplewood, Minnesota, on October 11, 2010.
SIGNED:WITNESSETH:
__________________________________________________________________
(Signature)(Signature)
Mayor_____________________________City Clerk________________________
(Title)(Title)
__________________________________________________________________
(Date)(Date)
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
3.Approval of Resolution for Modification of the Existing Construction Contract, Change
Order #2, Stillwater Road Improvements, Project 09-04
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CouncilmemberNephewmoved toapprove the resolution directing modification of existing
construction contract, change order No. 2, for city Project 09-04.
RESOLUTION 10-10-472
DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT
PROJECT 09-04, CHANGE ORDER NO. 2
WHEREAS, the City Council of Maplewood, Minnesotahas heretofore ordered made
Improvement Project 09-04,Stillwater Road/TH 5 Improvements,and haslet a construction contract
pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, it is now necessary and expedient that said contract be modified and designated as
Improvement Project 09-04, Change Order No. 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD,
MINNESOTA that:
1.The mayor and city engineer are hereby authorized and directed to modify the existing
contract by executing said Change Order No. 2 in the amount of $42,736.10. The
revised contract amount is $1,367,621.59.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
H.PUBLIC HEARING
1.7:00 p.m. or Later –Rolling Hills of Maplewood Mobile Home Park –Conditional Use
Permit Reconsideration
a.Senior Planner, Tom Ekstrand gave the report and answered questions of the council.
b.City Manager, James Antonen addressed and answered questions of the council.
Mayor Rossbach opened the public hearingat 7:17 p.m.
1.Tom DeVink, Attorney, Representing Rolling Hills Manufactured Home Park addressed the
council.
2.Paul Ruby, President Rolling Hills Resident Association addressed the council.
Mayor Rossbach closed the public hearing.
Councilmember Nephew moved to approve the CUP for Rolling Hills of Maplewood Mobile Home
Park incorporating revisions from the original CUP’s.
10.Change the clause to specify that toilets and stall walls shall be maintained in both the
north and south shelter restrooms. Including 14.
23.A clause added for the standard one year and the usual language in CUP’s about that so
that in the future it can be deferred for longer times.
24.Strike the first sentence after April 23, 1984. Change it to (a) The following improvements
must be installed within 60 days after a mobile home is placed on a lot. (then include (1)
and (2) and (b).
5. the second addition covers some of the same language so whatever fits briefer would be
fine.
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Seconded by Councilmember Koppen.
Mayor Rossbach made a friendly amendment to ensure that all of the items from the initial CUP
and the second addition CUP (except for items from the first CUP 1, 2, 6, 7, 18, and 22 are not
necessary), all other items should be represented in the third addition for the CUP.(Staff made
the revisions and changes which are included in the resolution below)
Councilmember Nephew agreed with thefriendly amendment.
The motion for the Rolling Hills CUP revision shall, therefore, include the conditions of
approval required in the followingresolution.
CONDITIONAL USE PERMIT REVISION RESOLUTION 10-10-475
WHEREAS, the Maplewood City Council reconsidered the conditional use permit for the Rolling Hills of
Maplewood Mobile Home Park to review which former and current conditions of approval were still pertinent
to the operation of the Park.
WHEREAS, this permit applies to the property located on the west side of Century Avenue between Ivy
Avenue and the Chicago and Northwest Railroad tracks, addressed as 1316 Pearson Drive. The legal
description is:
The SE’ly ¼ of the NE’ly ¼ of Section 24, Township 29, Range 22, lying southeasterly of the
Chicago and Northwest Railroad right-of-way, in Ramsey County, Minnesota.
and
The NE’ly ¼ of the SE’ly ¼ of Section 24, Township 29, Range 22 in Ramsey County, MN.
WHEREAS, the history of this conditional use permit revision is as follows:
1.On October 11, 2010, the city council held a public hearing. The city staff published a notice in the
paper and sent notices to the surrounding property owners. The city council gave everyone at the
hearing a chance to speak and present written statements. The city council also considered the
reports and recommendation of city staff.
NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional
use permit revision, because:
1.The use would be located, designed, maintained, constructed and operated to be in conformity with
the City's Comprehensive Plan and Code of Ordinances.
2.The use would not change the existing or planned character of the surrounding area.
3.The use would not depreciate property values.
4.The use would not involve any activity, process, materials, equipment or methods of operation that
would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or
property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution,
drainage, water run-off, vibration, general unsightliness, electrical interference or other nuisances.
5.The use would not exceed the design standards of any affected street.
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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 no more than minimal adverse environmental effects.
The conditional use permit for the Rolling Hills Mobile Home Park shall be subject to the following
st
conditions. These include conditions from the Rolling Hills 1Addition approval, conditionsfrom the
nd
Rolling Hills 2Addition approval and from the conditions approved by the council on July 26, 2010
which pertain to the entire development:
st
RollingHills 1Addition CUP Conditions
1.The conditional use permit for Rolling Hills Mobile Home Park shall be reviewed by the city
council in one year, October 2011. Subsequent annual reviews can be waived based on city
council direction.
2.There shall be no exterior of equipment, such as bikes, hoses, lawnmowers, rakes, etc.
3.Each lot shall be allowedan exterior storage shed of no more than 120 square feet. Such shed
must be kept in workmanlike repair and painted.
4.No access shall be allowed to Century Avenue.
5.No construction or grading shall be allowed to disturb the tamarack grove.
6.All utility installations shall be underground.
7.The private streets must be at least 28 feet in width, with parking on one side only. No parking
shall be permitted in the vicinity of intersections. The Director of Public Safety shall specify the
no parking distances for each intersection. Signs shall be posted by the park owner when
available.
8.Water lines must be flushed at least once each year or as required by the environmental health
official.
9.All storm water discharge must be directed to the wetland to the west. No connection to the city
storm sewer shall be allowed.
10.All mobile homes must be new, skirted and tied down. Skirting shall extend from the frame of the
chassis to the ground. Skirting must be painted to complement the mobile home.
11.All tie downs and foundations must meet the state building code.
12.(a) Construction on the below-grade storm shelter shall begin May 11, 1984,and shall be
completed by June 22, 1984, unless the Director of Public Safety extends the deadline due to
circumstances beyond the control of the developer. (b) The design of the below grade structure
must be approved by the Director of Emergency Services, including emergency lighting,
ventilation and sanitary facilities. (c) The above grade portion of the building must receive
approval from the design review board before construction. (d) The storm shelter must remain
free of storage and be kept available for use. (e) No further permits for additional mobile homes
shall be issued until the shelter is completed.
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13.The sign regulations for the R3 district shall apply.
14.The following minimum setbacks shall apply:
(1)Twenty feet to a private street.
(2)Thirty feet to a public right-of-way, except for storage sheds.
(3)Five foot side yard setback on the side opposite the entry.
(4)Twenty footside yard setback on the entry side.
15.No structures shall be allowed in a required setback, except for an accessory building, in the
twenty foot side yard setback and the thirty foot setback from a public right-of-way. An accessory
building must have a side yard setback of at least five feet.
16.The developer shall provide traffic control signs as required by the Director of Public Safety.
17.Compliance with all pertinent state statutes and regulations.
18.No variation shall be permitted from the site plan dated 3-21-83 without community design review
board approval.
19.This conditional use permit shall be reviewed in one year to determine compliance with conditions
and whether a change in conditions is necessary to resolve problems that may have developed.
20.A) The following improvements must be installed within sixty days after a mobile home is placed
on a lot: (1) A paved driveway and off street parking pad at least sixteen feet wide and twenty
feet deep. (2) A thirty inch wide sidewalk from the mobile home entrance to the parking pad
subject to placement of entrance decks. B) Improvements required in item 20shall not apply to
model homes.
21.If any of the above conditions are not met, no additional mobile homes shall be moved into the
park.
nd
RollingHills 2Addition CUP Conditions
1.Compliance with state requirements.
2.There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers, rakes, etc.
3.Each lot shall be allowed an exterior storage shed of no more than 120 square feet. Such shed
must be kept in workmanlike repair and painted.
4.Each lot shall be allowed to have children’s play equipment unless the developer provides a tot
lot adjacent to the community building.
5.Each lot shall be allowed a deck and carport, provided that either structure shall not be closer
than ten feet to any adjacent dwelling. Carports shall not be closer than six feet to a private street
and shall not have walls. On lots along Century Avenue, sheds shall not be closer than forty
seven feet to the right-of-way.
6.All mobile homes be new, skirted and tied down. Skirting shall extend from the frame of the
chassis to the ground. Skirting must be painted to complement the mobile home.
7.All tie downs and foundations must meet the state building code.
8.The sign regulations for the R3 district shall apply.
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9.The following minimum setbacks shall apply for dwellings:
a.Twenty feet to a private street.
b.Forty seven feet to the Century Avenue right-of-way.
c.Five foot side yard setback on the side opposite the entry side.
d.Twenty foot side yard setback on the entry side.
e.Seventy feet to a railroad track.
10.Sales of mobile homes shall be limited to those owned by park residents and those sold by the
park owner for placement in the park.
11.The storm shelter shall be kept free of storage. The shelter shall be kept open at all times or keys
shall be made available to all residents in a manner to be approved by the Director of Emergency
Services.
12.The city shall not be responsible for maintaining any of the internal improvements.
13.Water lines shall be flushed at least once a year.
14.Parking shall only be permitted on one side of each street. No parking shall be permitted closer
than thirty feet to any intersection.
15.Adherence to the approved site plan and related conditions. Any significant change must be
approved by the community design review board. Minor changes may be approved by staff.
The city council’s July 26, 2010 Motion Rolling Hills which pertain to the entire development
1.Compliance with all building code requirements.
2.There shall be no exterior storage of equipment such as bikes, hoses, lawnmowers, rakes, etc.
3.Each lot shall be allowed an exteriorstorage shed of no more than 120 square feet. Sheds must
be kept in good repair.
4.Each lot shall be allowed to have children’s play equipment unless the developer provides a tot
lot adjacent to the community building.
5.All mobile homes shall be skirted and tied down. Skirting shall extend from the frame of the
chassis to the ground. Skirting must match the mobile home.
6.Manufacturedhomes to be placed in the park are no longer required to be new. All homes to be
moved into the park must meet allcurrentbuilding code and fire code requirements.
7.The sign regulations for the R3 district shall apply.
8.The following minimum setbacks shall apply for dwellings:
Twenty feet to a private street.
st
Thirty feet to any public right-of-way for homes in the 1
Addition.
nd
Forty-seven feet to the Century Avenue right-of-way for homes in the 2Addition.
Five foot side yard setback on the side opposite the entry side.
Twenty foot side yard setback on the entry side.
Seventy feet to a railroad track.
Ten feet to any adjacent dwelling for a deck or car port.
Six feet to a private street for a carport (carports shall not have walls).
October 11, 2010 8
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nd
Forty-seven feet to the Century Avenue right-of-way for a shed in the 2Addition.
9.The storm shelters shall be kept free of storage. The shelters shall be kept open at all times or
keys shall be made available to all residents in a manner to be approved by the Director of Public
Safety.
10.All shelters shall have private restroom facilities within the shelters which shall be kept sanitary
and well maintained.
11.The park owner shall be responsible for maintaining all internal infrastructure improvements.
12.Water lines shall be flushed at least once a year.
13.Parking shall only be permitted on one side of each street. No parking shall be permitted closer
than thirty feet to any intersection. These requirements are subject to the review and approval of
the police chief.
14.There shall be no driveway access to Century Avenue or Ivy Avenue from the individual
manufactured home sites.
15.Internal traffic signs shall be installed subject to the approval of the police chief.
16.Adherence to the approved site plan and related conditions. Any significant change must be
approved by the community design review board. Minor changes may be approved by staff. The
number of home sites shall not be increased without the revision of this conditional use permit.
The Maplewood City Council approved this resolution on October 11, 2010.
Seconded by Councilmember Koppen.Ayes –All
The motion passed.
I.UNFINISHED BUSINESS
1.White Bear Avenue/County Road D Improvements, Project 08-13, Resolution Adopting
Revised Assessment Roll
a.CityEngineer, Deputy Public Works Director, Michael Thompson gave the report and
answered questions of the council.
b.Assistant City Manager, Public Works Director, Chuck Ahl addressed and answered
questions of the council.
Councilmember Koppen moved to authorize the city attorney and city manager execute a
settlement agreement with Azure Propertiesfor an amount of $160,000 for items 1-5.
Seconded by Councilmember Juenemann.Ayes –All
The motion passed.
Councilmember Juenemannmoved toapprove the resolution for adopting the revised
assessment roll for the White Bear Avenue/County Road D Improvements, City Project 08-13.
RESOLUTION10-10-473
ADOPTING REVISEDASSESSMENT ROLL
October 11, 2010 9
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WHEREAS, pursuant to a resolution adopted by the City Council on August 23,2010,
calling for an Assessment Hearing,the assessment roll for the White Bear Avenue / County Road
DImprovements, City Project 08-13, was presented in a Public Hearing formaton September 27,
2010, pursuant to Minnesota Statutes, Chapter 429, and
WHEREAS, twelve (12) propertyowners filed objections to their assessments according
to the requirements of Minnesota Statutes, Chapter 429, summarized as follows:
1.Parcel 02-29-22-21-0008–Denny’s Inc.; 3050 White Bear Avenue
Azure Properties is objecting tothe assessment on behalf of Mogren Landscaping, the property
owner, for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the value will
not increase.
b)They feel that revenues will decrease during the construction process.
c)When the property owner settled the condemnation with Ramsey County they were told that
there would be little or no assessment.
2.Parcel 02-29-22-21-0014 Jiffy Lube/Acapulco Restaurant.; 3069/3073 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Woodring Company, the property
owner, for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the value will
not increase.
b)They feel that revenues will decrease during the construction process.
c)The businesses have access from the ring road of Maplewood Mall and they do not feel that
they should be assessed for improvements to White Bear Avenue and County Road D.
3.Parcel 02-29-22-21-0016–Maplewood Square Shopping Center; 3035 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Maplewood Square Associates, the
property owner, for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the value will
not increase.
b)They feel that revenues will decrease during the construction process.
c)When the property owner settled the condemnation with Ramsey County they were told that
there would be little or no assessment.
4.Parcel 02-29-22-21-0027–Plaza 3000 Shopping Center.; 3000 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Plaza 3000 Partnership, LLP, the
property owner, for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the value will
not increase.
b)They feel that revenues will decrease during the construction process.
c)When the property owner settled the condemnation with Ramsey County they were told that
there would be little or no assessment.
5.Parcel 02-29-22-24-0003–Maplewood East Shopping Center.; 2950 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Maplewood East Associates, the
property owner, for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the value will
not increase.
b)They feel that revenues will decrease during the construction process.
c)When the property owner settled the condemnation with Ramsey County they were told that
there would be little or no assessment.
6.Parcel 02-29-22-21-0015-MHN Restaurant Partnership, LLC, 3065 White Bear Avenue
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MHN Restaurant Partnership, LLC, the owner of the Wedding Day Jewelers property, is objecting
to the assessment for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the value will
not increase.
b)They feel that revenues will decrease during the construction process.
7.Parcel 02-29-22-21-0019-Chung Hing Wong, 3070 White Bear Avenue
Chung Hing Wong is objecting to the assessment for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the proposed
special assessment exceeds the special benefits to the property derived from the local public
improvement.
b)They also feel that the City has failed to strictly comply procedurally with the terms and
conditions of Minnesota Statutes Chapter 429.
8.Parcel 02-29-22-21-0005-HLW LLC, 3094 White Bear Avenue
HLW LLC is objecting to the assessment for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the proposed
special assessment exceeds the special benefits to the property derived from the local public
improvement.
b)They also feel that the City has failed to strictly comply procedurally with the terms and
conditions ofMinnesota Statutes Chapter 429.
9.Parcel 02-29-22-23-0003-Sears Roebuck and Company, 3001 White Bear Avenue
Sears Roebuck and Company is objecting to the assessment and requesting that the assessment
be reduced to $0 for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the proposed
special assessment exceeds the special benefits to the property derived from the local public
improvement.
b)They also feel that the City has failed to strictly comply procedurally with the terms and
conditions of Minnesota Statutes Chapter 429.
c)They feel that the proposed assessment violates City Code and other Minnesota law and
statutes.
d)They feel that the assessment form is not legal and that other properties that should have
been assessed were not assessed.
10.Parcel 02-29-22-22-0013-Lai Ching Woo, 1900 County Road D East
Lai Ching Woo is requesting that the assessment be cancelled and revised.
11.Parcel 35-35-22-33-0008-Walter F. Whitney, 1905 County Road D East
Walter F.Whitney is objecting to the assessment for the following reasons:
a)They do not feel that the property receives benefit from the improvement and the proposed
special assessment exceeds the special benefits to the property derived from the local public
improvement.
12.Parcel 02-29-22-22-0001-CC Acquisition, LP, 1940 County Road D East
Faegre & Benson, LLP, and New York Life Real Estate Holdings, LLC, are objecting to the
assessment because they feel that it is invalid pursuant to Minn. Stat. 429.051 because itis
based upon an ordinary road maintenance project which does not confer any benefit upon the
assessed property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA:
A.That the City Engineer and City Clerk are hereby instructed tomake the following adjustments to the
assessment roll for the White Bear Avenue / County Road D Improvements, Project 08-13:
1.Parcel 02-29-22-21-0008–Denny’s Inc.; 3050 White Bear Avenue
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Azure Properties is objecting to the assessment on behalf of Mogren Landscaping, the property
deny
owner. Our recommendation to the council is to the cancellation or revision of the
assessment.
2.Parcel 02-29-22-21-0014 Jiffy Lube/Acapulco Restaurant.; 3069/3073 White Bear Avenue
Azure Properties is objecting to theassessment on behalf of Woodring Company, the property
deny
owner. Our recommendation to the council is to the cancellation or revision of the
assessment.
3.Parcel 02-29-22-21-0016–(This PIN has been changed by Ramsey County to 02.29.22.21.0029),
Maplewood Square Shopping Center; 3035 White Bear Avenue Azure Properties is objecting to
the assessment on behalf of Maplewood Square Associates, the property owner. Our
recommendation to the council is to deny the cancellation or revision of the assessment.
4.Parcel 02-29-22-21-0027–Plaza 3000 Shopping Center.; 3000 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Plaza 3000 Partnership, LLP, the
deny
property owner. Our recommendation to the council is to the cancellationor revision of the
assessment.
5.Parcel 02-29-22-24-0003–Maplewood East Shopping Center.; 2950 White Bear Avenue
Azure Properties is objecting to the assessment on behalf of Maplewood East Associates, the
deny
property owner. Our recommendation to the council is to the cancellation or revision of the
assessment.
6.Parcel 02-29-22-21-0015-MHN Restaurant Partnership, LLC, 3065 White Bear Avenue
MHN Restaurant Partnership, LLC, the owner of the Wedding Day Jewelers property, is objecting
deny
to the assessment. Our recommendation to the council is to the cancellation or revision of
the assessment.
7.Parcel 02-29-22-21-0019-Chung Hing Wong, 3070 White Bear Avenue
deny
Chung Hing Wong is objecting to the assessment. Our recommendation to the council is to
the cancellation or revision of the assessment.
8.Parcel 02-29-22-21-0005-HLW LLC, 3094 White Bear Avenue
deny
HLW LLC is objecting to the assessment. Our recommendation to the council is to the
cancellation or revision of the assessment.
9.Parcel 02-29-22-23-0003-Sears Roebuck and Company, 3001 White Bear Avenue
Sears Roebuck and Company is objecting to the assessment and requesting that the assessment
deny
be reduced to $0. Our recommendation to the council is to the cancellation or revisionof
the assessment.
10.Parcel 02-29-22-22-0013-Lai Ching Woo, 1900 County Road D East
Lai Ching Woo is requesting that the assessment be cancelled and revised. Our
deny
recommendation to the council is to the cancellation or revision of the assessment.
11.Parcel 35-35-22-33-0008-Walter F. Whitney, 1905 County Road D East
deny
Walter F. Whitney is objecting to the assessment. Our recommendation to the council is to
the cancellation or revision of the assessment.
12.Parcel 02-29-22-22-0001-CC Acquisition, LP, 1940 County Road D East
Faegre & Benson, LLP, and New York Life Real Estate Holdings, LLC, are objecting to the
deny
assessment. Our recommendation to the council is to the cancellation or revision of the
assessment.
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B.The assessment roll for theWhite Bear Avenue / County Road D Improvements as amended, is
hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll
shall constitute the special assessment against the lands named therein, and each tract of land
therein included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
C.Such assessments shall be payable in equal annual installments extending over a period of 8 years
for, the first installments to be payable on or before the first Monday in January 2011 and shall bear
interest at the rate of 5.0 percent per annum from 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, 2010. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
D.The owner of any property so assessed may, at any time prior to certification of the assessment to
the county auditor, but no later than November 10, 2010, 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 November 11, 2010, 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.
E.The city engineer and city clerk shall forthwith after November 10, 2010, but no later than November
15, 2010, 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.
th
Adopted by the Maplewood City Councilonthis 11day of October, 2010.
Seconded by CouncilmemberNephew.Ayes –All
The motion passed.
2.Frost Avenue Bridge Replacement, City Project 10-07, Approval of Bridge Design
Aesthetics
a.City Engineer, Deputy Public Works Director, Michael Thompson gave the report and
answered questions of the council.
1.Jerry Pertzsch,Kimley Horn& Associates, addressed and answered questions of the
council.
2.ToddHalonen, Kimley Horn& Associates, addressed and answered questions of the
council.
Mayor Rossbach asked if anyone wanted to address the council regarding this item.
1.Richard Currie, Vice Chair of the Heritage Preservation Commission, addressed and
answered questions of the council.
2.Pete Boulay, Heritage Preservation Commissioner, addressed and answered questions of the
council.
Councilmember Llanas moved to approveConceptAwith the rest stop area as presented by the
Heritage Preservation Commission.
Seconded by Councilmember Nephew.Ayes –All
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The motion passed.
Councilmember Koppen moved to approveConcept 2with the concrete parapet.
died
The motion for lack of a second.
Councilmember Llanas moved to approveConcept 1the concrete bridge with the iron railing
parapet.
Seconded by Councilmember Nephew.Ayes –All
The motion passed.
Councilmember Koppen moved toapprove façade Option B.
died
The motion for a lack of a second.
Mayor Rossbach moved to approvefaçade Option A.
Seconded by Councilmember Llanas.Ayes –All
The motion passed.
J.NEW BUSINESS
1.Approval of On-Sale Intoxicating Liquor License for the Dog House Bar & Grill
a.City Clerk, Director of Citizen Services, Karen Guilfoile gave the report.
1.Brandon Clemings, Michael Wegwerth, Chad Hauerrepresentingthe Dog House Bar
& Grill, 2029 Woodlynn Avenue, Maplewood, addressed and answered questions of
the council.
Councilmember Nephewmoved toapprove the on-sale intoxicating liquor license for the Dog
House Bar & Grill at 2029 Woodlynn Avenue.
Seconded by CouncilmemberKoppen.Ayes –All
The motion passed.
2.Revisions to I-94 Corridor Joint Powers Agreement
a.Resolution of Approval of Changes to Joint Powers Agreement
b.Appointments to Policy Advisory Commission Technical Advisory Commission
1.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and
answered questions of the council.
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Councilmember Nephewmoved toapprove the resolution accepting the changes to the Joint
Powers Agreement for the I-94 Corridor.
RESOLUTION 10-10-474
FOR APPROVAL OF THE REVISED AND AMENDED INTERSTATE 94 CORRIDOR
JOINT POWERS AGREEMENT
DATED SEPTEMBER 9, 2010
WHEREAS,
the I-94 Corridor currently carries 90,000 to 150,000 vehicles per day from the St Croix
River Bridge to downtown St Paul; and
WHEREAS
, the 2030 Transportation Policy Plan has been approved by the Metropolitan Council and
shows that traffic and congestion are forecast to increase substantially by 2030 resulting in the entire
length of I-94 from downtown St Paul to the St Croix River as being congested; and
WHEREAS
, the 2030 Transportation Policy Plan identifies the I-94 Corridor as a Transitway Corridor in
need of additional analysis;
WHEREAS
, the transitway analysis is needed to identify how mobility can be maintained and improved
in the corridor; and
WHEREAS
,the I-94 Corridor Commission was created on March 3, 2010 with the Regional Railroad
Authorities of Ramsey and Washington County approving the Joint Powers Agreement (JPA); and
WHEREAS
, in addition to the County Regional Railroad Authorities, the communities of St Paul,
Maplewood, Oakdale, Woodbury, Lake Elmo, West Lakeland Township, Afton and Lakeland also
approved the JPA; and
WHEREAS
, the I-94 Corridor Commission approved changing its name to the Gateway Corridor
Commission on July 12, 2010; and
WHEREAS,
the existing JPA may be amended by unanimous agreement of the Parties as evidenced by
resolutions adopted by the respective governing bodies.
NOW THEREFORE BE IT RESOLVED,
that the Maplewood City Councilapproves the revised and
amended Joint Powers Agreement of the Gateway Corridor Commission dated September9, 2010.
Approved this 11th day of October, 2010
________________________
Will Rossbach
Mayor
_______________________
Attest: Karen Guilfoile
City Clerk
Seconded by CouncilmemberJuenemann.Ayes –All
The motion passed.
CouncilmemberJuenemann
moved the appointments to the Policy Advisory Commission
Technical Advisory Commission be Mayor, Will Rossbach and Assistant City Manager, Chuck
Ahl.
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Seconded by Councilmember Koppen.Ayes –All
The motion passed.
3.2011 Charitable Gambling Funds Requests
a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report and answered
questions of the council.
The charitable gambling requestors that were present introduced themselves to the city council.
K.VISITOR PRESENTATIONS
1.Dave Schilling, Maplewood. Mr. Schilling spoke aboutthe Special City Council meeting held
onOctober 4, 2010, regarding the review of the city’s trash hauling system and the residents
should let their voices be heard throughoutthe process.
2.Diana Longrie,Maplewood. Ms. Longrie spoke regarding item I1. White Bear Avenue/County
Road D Improvements, Project 08-13 Resolution Adopting the Revised Assessment Roll. She
also stated she had a discussion with City Manager Antonen regarding the plaque
commemorating the Maplewood Veteransin the front lobby at city hall. Mr. Antonenhad
stated he was surprised to hear there had already been a ceremony commemorating the
plaquewhich was printed in the Maplewood monthly November 2007.
3.Richard Currie, Maplewood. Mr. Currie stated the Heritage Preservation Commission is
anxiously awaiting the city council liaison to attend their meetings.
4.Bob Zick, North St. Paul. Mr. Zick spoke regardingthe issue of singlesorttrash hauling and
recycling. Mr. Zick commented on the restraining order ofa Maplewood resident. He also had
concerns regarding the Approval of Claims in the city council packet.
L.AWARD OF BIDS
None.
M.ADMINISTRATIVE PRESENTATIONS
None.
N.COUNCIL PRESENTATIONS
1.Land Use Training
–Councilmember Nephew
Councilmember Nephew statedhe heard there is a discount regardingdeductibles for land
use litigation issues. Mr. Antonen added that furtherinformation will be in the weekly FYI from
staff.
2.Extreme Green Makeover
–Councilmember Juenemann
CouncilmemberJuenemann stated she attendedthe ribbon cutting of the Extreme Green
Makeover at 2211 Ariel Street in Maplewood. She encouraged everyone to drive by and see
the wonderful finished product.
3.Energy Conservation Workshop
–Councilmember Juenemann
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Councilmember Juenemann said there is a free energy conservation workshop onTuesday,
October 19, 2010, from 6:30 to 7:30 p.m. at the Maplewood Community Center sponsored by
the Environmental and Natural Resources Commission as well asXcel Energy and other
sponsors.
O.ADJOURNMENT
Mayor Rossbachadjourned the meeting at9:37 p.m.
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