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Home My WebLink About12-13-2004A. B. C. MINUTES MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday, December 13, 2004 Council Chambers, City Hall Meeting No. 04-28 CALL TO ORDER PLEDGE OF ALLEGIANCE Mayor Cardinal asked all residents to remember all those who are serving the country over the Holiday Season. 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 the Council/Manager Workshop -November 22, 2004 Councilmember Rossbach moved to approve the minutes from the November 22, 2004 Ci Council/Manager workshop as presented. Seconded by CouncilmemberKoppen Ayes -All 2. Minutes from the City Council Meeting -November 22, 2004 Councilmember Monahan-Junek moved to approve the minutes from the November 22, 2004 City Council Meeting as presented. Seconded by CouncilmemberKoppen Ayes -All 3. Minutes from the Council/Manager Workshop -December 2, 2004 Councilmember Rossbach moved to approve the minutes from the December 2, 2004 City Council/Manager workshop as presented. City Council Meeting 12-13-04 E. F. Seconded by CouncilmemberKoppen Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Abstain-Councilmember Monahan-Junek 4. Minutes from the Special City Council Meeting -December 6, 2004 Councilmember Rossbach moved to approve the minutes from the December 6, 2004 CitX Council Meeting as presented. Seconded by CouncilmemberKoppen APPROVAL OF AGENDA M1. Former Maplewood Resident M2. Holiday Hours M3. Food Shelf Challenge Ayes -Mayor Cardinal, Councilmembers Juenemann, Koppen and Rossbach Abstain-Councilmember Monahan-Junek Councilmember Monahan-Junek moved to approve the agenda as amended. Seconded by CouncilmemberKoppen Ayes -All APPOINTMENTS/PRESENTATIONS 1. Environmental Committee Appointments a. City Manager Fursman presented the staff report. Mayor Cardinal congratulated Carol Mason Sherrill on her appointment to the Environmental Committee. 2. Cable Commission Report a. City Manager Fursman presented the staff report. b. Cable Commissioner Kim Facile presented the Cable Commission Report. G. CONSENT AGENDA Councilmember Koppen moved to approve agenda items 1, 2, 3, 5, 7-8, 10-12, 14, 16-19 as presented. Seconded by CouncilmemberMonahan-Junek Ayes -All Councilmember Koppen moved to approve agenda items 4, 6, 9, 13, and 15 as presented. Seconded by Councilmember Juenemann Ayes -All City Council Meeting 12-13-04 2 1. Approval of Claims ACCOUNTS PAYABLE: $ 661.65 Checks # 65480 thru # 65481 dated 11/15/04 $ 1,045,950.35 Checks # 65482 thru # 65543 dated 11/23/04 $ 1,148,717.35 Disbursements via debits to checking account dated 11/12/04 thru 11/18/04 $ 233,331.50 Checks # 65544 thru # 65592 dated 11/30/04 $ 2,694,756.03 Disbursements via debits to checking account dated 11/19/04 thru 11/23/04 $ 486,794.92 Checks # 65593 thru # 65645 dated 12/03/04 thru 12/07/04 $ 2,494,310.79 Disbursements via debits to checking account dated 11/24/04 thru 12/03/04 $ 8,104,522.59 Total Accounts Payable PAYROLL Payroll Checks and Direct Deposits dated $ 450,120.70 11/19/04 $ 4,140.47 Payroll Deduction check # 99618 thru # 99621 dated 11/19/04 Payroll Checks and Direct Deposits dated $ 426,460.75 12/03/04 City Council Meeting 12-13-04 3 $ 5,724.30 Payroll Deduction check # 99745 thru # 99750 dated 12/03/04 $ 432,185.05 Total Payroll $ 8,536,707.64 GRAND TOTAL 2. Assessments for Delinquent False Alarm Bills Adopted the following resolution certifying false alarm charges for collection with property taxes payable in 2005: RESOLUTION 04-12-211 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following delinquent false alarm charge for collection with the taxes of said property owner for the year 2004, collectible in 2005, and which includes interest at the rate of eight percent (8%) on the total amount for one year: PROPERTY ACCOUNT STREET ADDRESS IDENTIFICATION AMOUNT Sherwood Glen 1512 County Road B 15-29-22-21-0084 $216.00 SuperAmerica 2529 White Bear Avenue 11-29-22-22-0040 $27.00 TOTAL $243.00 3. Increase in Planning Fees (Second Reading) Approved the second reading of the following ordinance 858 to increase planning fees: City Council Meeting 12-13-04 4 ORDINANCE 858 Section 1. Section 36 - 26 of the Zoning Code of the City of Maplewood is hereby amended as follows Section 36 - 26. Fees. The following nonrefundable application fees shall be required: Zone Change 952 Conditional Use Permit: RI & R2 487 Other 989 Conditional Use Permit Revision: RI & R2 338 Other 479 Variances: RI & R2 391 Other 947 Front Yard Setback 225 Vacations: R1 & R2 150 Other 583 Lot Divisions (Fee per lot created): RI & R2 83 Other 311 Home Occupation Permit (initial permit) Initial permit 401 Annual permit 56 Comprehensive Plan Amendment 1,247 Code Amendment 873 Planned Unit Development 1,531 Preliminary Plat 1,518 Preliminary Plat Revision or Time Extension Final Plat Time Extensions/Renewals Section 2. Section 36 - 258 of the sign code is amended as follows: Section 36 - 258. Fees. (1) The sign erection permit fee shall be $24 per inspection 4. Write Off Uncollectible Ambulance Bills for 2002 227 391 143 Approved the recommendation from staff that $457,156.53 of 2002 ambulance bills be written off as uncollectible. City Council Meeting 12-13-04 5 Assessments for Unpaid Ambulance Bills for 2003-2004 Adopted the following resolution to certify $10,071.40 of unpaid ambulance bills as special assessments: RESOLUTION 04-12-212 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the attached ambulance service charges totaling $10,071.40 for collection with the taxes of said property owner for the year 2004, collectible in 2005 with interest at the rate of eight percent (8%) on the total amount for one year. 6. Employee Group Insurance Contracts Approved the Insurance Labor -Management Committee recommendations to be effective January 1, 2005. 7. New Vehicle -Fire Department Approved the purchase of a 2004 Dodge Durango from Lake Elmo Chrysler in the amount of $22,900. Two (2) Defibrillator Monitors Authorized the purchase of two (2) Philips MRX defibrillators in the amount of $39,394.56. 9. Paid -per -call pay rate change for 2004 Approved the increase in the paid -per -call rate change for 2004 to $14.01 retroactive to January 1, 2004. 10. Hazelwood/County Road C Area Street Improvements, City Project 03-18: Resolution for Modification of the Existing Construction Contract, Change Order 3 Adopted the following resolution directing the modification of the existing construction contract for the Hazelwood/County Road C Area Street Improvements, City Project 03- 18, and to revise the project financing plan to reflect payments received for private driveway work: RESOLUTION 04-12-213 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-18, CHANGE ORDER 3, AND REVISION OF THE PROJECT FINANCING PLAN WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-18, Hazelwood/County Road C Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and City Council Meeting 12-13-04 WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-18, Change Order No. 3, and WHEREAS, payments were received from residents for private driveway work under the city's private driveway replacement program, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that: The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 in the amount of $95,321.32. The revised contract amount is $1,681,913.32. 2. The finance director is hereby directed to revise the financing plan for the Hazelwood/County Road C Street Improvements project as follows: Street assessments: $ 740,664 (32%) Storm assessments: $44,475 (2%) Sanitary Sewer Utility Fund: $174,000 (8%) Environmental Utility Fund: $225,000 (10%) SPRWS Obligation: $30,924 (1%) Private Driveway Payments $53,132 (2%) City debt service: $ 1,018,954 45% Total $2,287,148 (100%) 11. Kennard Street Improvements, Project 03-04: Resolution for Modification of the Existing Construction Contract, Change Order 5 Adopted the following resolution for Change Order No. 5 in the amount of $19,859.05 for the road construction contract of Kennard Street, Project 03-04: RESOLUTION 04-12-214 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 03-04, Kennard Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 03-04, Change Order No. 5. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 4 in the amount of $19,859.05. The revised contract amount is $1,293,548.09. No revisions to the project budget are proposed at this time as these changes fall within the original project budget. 12. Resolution for Adoption of 2005 Public Works Permit Fees City Council Meeting 12-13-04 Adopted the following resolution for the adoption of the 2005 Public Works Permit fees: RESOLUTION 04-12-215 ADOPTION OF THE 2005 PUBLIC WORKS PERMIT FEES WHEREAS, the City of Maplewood has established permit fees for sewer service construction, storm sewer and sanitary sewer main construction, driveway construction, water connection and grading, and WHEREAS, city staff has reviewed the permit fees and prepared a schedule of fees titled 2005 Public Works Permit Fees, dated December 6, 2004. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated public works fees are approved for all related permit applications received after January 1, 2005. 2. The rates shown will be reviewed by staff on an annual basis with recommendations for revision brought to the city council for consideration. 13. County Road D Improvements (TH 61 to Southlawn), Project 02-07: Approve Right of Way Exchange Agreement with Lexus Approved the acquisition agreement with Lexus of Maplewood for the County Road D Realignment Project (TH 61 to Southlawn Drive) and a total payment of $27,000 to Bloomer Properties. 14. Change Order for Legacy Village Park Approved change order #1 as outlined in the amount of $6,200 and directed the Finance Director to make the necessary budget modifications. 15. Resolution Supporting Acquisition of Northern Lights Sculpture Adopted the following resolution supporting staff's application process for possible acquisition of the public sculpture and ice fountain entitled "Northern Lights" by Carl Nesj ar: RESOLUTION 04-12-216 RESOLUTION ENDORSING AND SUPPORTING THE ACQUISITION OF THE NORTHERN LIGHTS SCULPTURE by Carl Nesjar for relocation to Legacy Village sculpture park, Maplewood, Minnesota. WHEREAS, the city of Maplewood has acquired and developed an 11 -acre, outdoor sculpture garden entitled Legacy Village sculpture park; and WHEREAS, the sculpture park is located as part of a major, 80 -acre subdivision that City Council Meeting 12-13-04 includes senior housing, owner occupied and rental townhouses, commercial business and restaurant properties, and WHEREAS, Legacy Village development is located adjacent to the regional Maplewood Mall shopping center; and WHEREAS, the Legacy Village development serves not only a local, but a regional population base; and WHEREAS, the Legacy Village sculpture park is scheduled to open to the public May 1, 2005; and WHEREAS, the Legacy Village sculpture park will provide 24 to 30 sculpture pieces of which approximately'/3 will be permanent sculptures; and WHEREAS, the city of Maplewood envisions that the Legacy Village sculpture garden will host not only a local, but also a regional and potentially national and international base of sculptures and public interest; and WHEREAS, the city of Maplewood desires to acquire one major piece that would serve as the focal point for the Legacy Village sculpture park. NOW, THEREFORE, be it resolved that the city of Maplewood hereby endorses the acquisition of the Northern Lights sculpture piece by Carl Nesj ar; and FURTHERMORE, that the Northern Lights sculpture piece will serve as the central focal point with viewing areas from the already completed pergola; and WHEREAS, the city of Maplewood has adequate funds to relocate the sculpture piece. NOW, THEREFORE, be it resolved that the city council hereby endorses the grant submittal for the Northern Lights sculpture piece, adopted this 13th day of December, 2004. 16. Nature Center Donation Accepted the donation from Noodles, Inc. in the amount of $1,500 and directed the Finance Director to make the necessary budget adjustment. 17. Kennard/Frost Neighborhood Street Improvements, City Project 02-10: Resolutions for: Directing Modification of Approved Budget and Acceptance of Project Adopted the following two resolutions for the Kennard/Frost Neighborhood Street Improvements, City Project 02-10: Directing Modification of Approved Budget an Acceptance of Project: RESOLUTION 04-12-217 DIRECTING MODIFICATION OF PROJECT BUDGET City Council Meeting 12-13-04 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 02-10, Kennard/Frost Neighborhood Street Improvements, and The finance director is hereby authorized to make the financial transfers necessary to implement the revised financing plan for the project. The revised financing plan is as shown below: Funding Source Street Assessments: Storm Assessments: Sewer Utility Fund SPRW S: General Tax Levy: Private Driveways Total: Approved Budget Revised Budget $1,110,800 $1,110,800 $8,923 $8,923 $161,300 $161,300 $153,360 $153,360 $1,499,000 $1,506,412 $130,950 $130,950 $3,102,000 $3,109,412 RESOLUTION 04-12-218 ACCEPTANCE OF PROJECT WHEREAS, the city engineer for the City of Maplewood has determined that the Kennard/Frost Neighborhood Street Improvements, City Project 02-10, are complete and recommends acceptance of the project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that City Project 02-10 is complete and maintenance of these improvements is accepted by the city. Release of any retainage or escrow is hereby authorized. 18. Approve Final Budget Revisions and Close Projects, 00-04, 00-11, 02-02 Adopted the following resolution for modification of the project budgets for Projects 00- 04, 00-11 and 02-02 and authorized the Finance Director to make the necessary financial transfers as noted in the resolution: RESOLUTION 04-12-219 MODIFICATION OF PROJECT BUDGETS WHEREAS, the city engineer for the City of Maplewood has determined that projects, 00-04, 00-11 and 02-02 are complete and recommends that the project funds be closed, and WHEREAS, the project budgets for these projects must be modified as noted due to short falls in project funding. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the finance director is authorized to make the necessary financial transfers as City Council Meeting 12-13-04 10 noted below: 1. Tilsen South Neighborhood Streets, Project 00-04: The project budget shall be increased by $1,215. This overrun shall be funded from the debt service fund. 2. Lift Station 2 Replacement, Project 00-11: The project budget shall be increased by $5,041. This overrun shall be funded from the Sanitary Sewer Fund. 3. Markham Pond Outlet Improvements, Project 02-02: The project budget shall be increased by $590. This overrun shall be funded from the debt service fund. 19. Increase in Building Inspection Fees (Second Reading) Adopted the following ordinance approving the second reading of the Increase in Building Inspection Fees: ORDINANCE 855 BUILDING CONSTRUCTION Permit Fees Article II Building Code Sections 12-37, 12-38 & 12-39 ofthe Building Code ofthe City of Maplewood is hereby amended as follows: Building Permit Fee: Permit fee to be based on job cost valuation. The determination of value or valuation shall be made by the building official. The value to be used in computing the building permit and building plan review fees shall be the total of all construction work for which the permit is issued, as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire -extinguishing systems and any other permanent equipment. TOTAL VALUATION $1.00 to $500.00 $501.00 to $2,000.00 $2,001.00 to $25,000.00 $25,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $500,001.00 to $1,000,000.00 $1,000,001.00 and up Other Inspections and Fees: Fee $25.00 $25.00 for the first $500.00 plus $3.25 for each additional $100.00, or fraction thereof, to and including $2,000.00 $73.75 for the first $2,00.00 plus $14.75 for each additional $1,000.00, or fraction thereof, to and including $25,000.00 $413.00 for the first $25,000.00 plus $10.75 for each additional $1,000.00, or fraction thereof, to and including $50,000.00 $681.75 for the first $50,000.00 plus $7.50 for each additional $1,000.00, or fraction thereof, to and including $100,000.00 $1,056.00 for the first $100,000.00 plus $6.00 for each additional $1,000.00, or fraction thereof, to and including $500000.00 $3,456.75 for the first $500,000.00 plus $5.00 for each additional $100.00, or fraction thereof, to and including $1,000,000.00 $5,956.75 for the first $1,000,000.00 plus $4.00 for each additional $1,000.00, or fraction thereof 1. Inspection outside of normal business hours (minimum charge - two hours) 2. Reinspection fees assessed under provisions of the MN State Building Codes 3. Inspecition for which no fee is specifically indicated 4. For use of outside consultants for plan checking, inspections and similar costs 'Actual costs include administrative and overhead costs. Investigation Fee: Work without a Permit Per Hour $75.00 $50.00 $50.00 Actual costs' Whenever any work for which a permit is required from the city has been commenced without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. Plan Review Fee: • When a building permit is required and a plan is required to be submitted, a plan review fee shall be paid. Plan review fees for all buildings shall be sixty five percent (65%) ofthe building permit fee, except as modified in M.S.B.C. Section 1300. City Council Meeting 12-13-04 11 • The plan review fees specified are separate fees from the permit fees specified and are in addition to the permit fees. • When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items an additional plan review fee shall be charged at the above rate. • Expiration of plan review. Applications for which no permit is issued within 180 days following the date of application shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant for a period not exceeding 180 days on request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No application shall be extended more than once. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. Refund Fee: • The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected. • The building official may authorize refunding of not more than 80 percent of the permit fee paid when no work has been done under a permit issued in accordance with this code. • The building official may authorize refunding of not more than 80 percent of the plan review fee paid when an application for a permit for which a plan review fee has paid is withdrawn or canceled before any plan review is done. • The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than 180 days after the date of fee payment. H. PUBLIC HEARINGS 7:00 p.m. 2005 Intoxicating Liquor and 3.2 Beer License Fee Increase City Manager Fursman presented the report. b. City Clerk Guilfoile presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to approve the 2.5% increase in Intoxicating Liquor and 3.2 Beer License fees. Seconded by Councilmember Juenemann Ayes -All 2. 7:00 p.m. Public Hearing on Proposed 2005 Budget and Tax Levy City Manager Fursman presented the report and specifics from the report. b. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following persons were heard: City Council Meeting 12-13-04 12 Bob Erickson, 47 Kingston, Maplewood Kim Schmidt, 1800 Phalen Place, Maplewood George Rossbach, 1406 E. County Road C, Maplewood Diana Longrie-Kline, 1771 Burr Street, Maplewood Jennifer Bouthilet, 1320 County Road D, Maplewood Steven Dang, 2120 Mississippi, Maplewood C. Mayor Cardinal closed the public hearing. Councilmember Rossbach moved to adopt the following resolution approving to levyproperty taxes payable in 2005: RESOLUTION 04-12-220 CERTIFYING TAXES PAYABLE IN 2005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that: 1. The following amounts of taxes be levied for 2004, payable in 2005, upon the net tax capacity in said City of Maplewood, for the following purposes: Operations $10,440,930 Capital Improvements 175,710 Debt Services 2,818,000 TOTAL LEVY $13,434,640 2. In addition, there is a $708,900 market value based referendum levy for 2003 payable in 2004 to finance the debt service on the 2002 Open Space Refunding Bonds and the 2000 Fire Safety Bonds. 3. The next tax capacity based levy of $2,109,100 for Debt Service and the market value based referendum levy of $708,900 total $2,818,000. This is a net decrease of $1,945,160.16 in the scheduled levy of $4,763,160.16. The breakdown by Debt Service Fund is attached as Exhibit A City Council Meeting 12-13-04 13 Exhibit A RESOLUTION CERTIFYING TAXES FOR CITY OF MAPLEWOOD TOTALS MEXCEUBUDMISC\DEBT SERVICE TAX LEVY Seconded by Councilmember Juenemann $4,763,160.16 2,818,000.00 (1,945,160.16) 17 -Dec -04 Ayes-Councilmembers Juenemann, Monahan-Junek and Rossbach Nays -Mayor Cardinal and Councilmember Koppen Councilmember Rossbach moved to adopt the following resolution approving the proposed 2005 Binet: RESOLUTION 04-12-223 ADOPTING A BUDGET FOR 2005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2005 is hereby adopted as outlined in the following summary: CAPITAL SCHEDULED ADOPTED INCREASE OPERATING IMPROVEMENTS SERVICE LEVY LEVY (DECREASE) 331 G.O. BONDS - 1995A 5,924.00 - (5,924.00) 332 G.O. TAX INCREMENT REFUNDING BONDS - 1995B 190,476.00 191,980.00 1,504.00 334 G.O. REFUNDING BONDS - 1998B 117,273.00 133,920.00 16,647.00 335 G.O. IMPROVEMENT BONDS - 1999A 55,465.00 65,500.00 10,035.00 337 G.O. FIRE SAFETY BONDS - 2000A 313,746.00 320,800.00 7,054.00 338 G.O. EQUIPMENT CERTIFICATES - 2001A 196,336.88 186,200.00 (10,136.88) 339 G.O. IMPROVEMENT BONDS - 2001 B 178,219.58 173,000.00 (5,219.58) 340 G.O. IMPROVEMENT REFUNDING BONDS - 2001 C 133,835.63 12,400.00 (121,435.63) 341 G.O. IMPROVEMENT BONDS - 2002A 245,435.74 138,420.00 (107,015.74) 342 G.O. IMPROVEMENT REFUNDING BONDS - 2002B 511,835.63 517,900.00 6,064.37 343 G.O. TAX INCREMENT REFUNDING BONDS - 2002C 609,013.13 351,300.00 (257,713.13) 344 G.O. OPEN SPACE REFUNDING BONDS - 2002D 408,673.13 388,100.00 (20,573.13) 345 G.O. IMPROVEMENT BONDS - 2003A 165,939.56 219,300.00 53,360.44 347 G.O. REFUNDING BONDS - 2004A 16,645.74 61,040.00 44,394.26 348 G.O. IMPROVEMENT BONDS - 2004B 1,350,801.00 - (1,350,801.00) 350 G.O. CAPITAL IMPROVEMENT PLAN BONDS - 20041 111,354.00 58,140.00 (53,214.00) 352 G.O. TAX INCREMENT REFUNDING BONDS - 2004F 152,186.14 - (152,186.14) TOTALS MEXCEUBUDMISC\DEBT SERVICE TAX LEVY Seconded by Councilmember Juenemann $4,763,160.16 2,818,000.00 (1,945,160.16) 17 -Dec -04 Ayes-Councilmembers Juenemann, Monahan-Junek and Rossbach Nays -Mayor Cardinal and Councilmember Koppen Councilmember Rossbach moved to adopt the following resolution approving the proposed 2005 Binet: RESOLUTION 04-12-223 ADOPTING A BUDGET FOR 2005 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2005 is hereby adopted as outlined in the following summary: CAPITAL DEBT OPERATING IMPROVEMENTS SERVICE BUDGET BUDGET BUDGET TOTAL Estimated Balances 01-01-05 $30,750,750 $1,361,392 $6,645,207 $38,757,349 Revenues 26,769,450 1,722,570 3,620,120 $32,112,140 Net other increases (decreases) (1,079,190) 2,754,680 297,590 $1,973,080 Expenditures (27,350,970) (3,446,740) (4,862,000) ($35,659,710) Estimated Balances 12-31-05 $29,090,040 $2,391,902 $5,700,917 $37,182,859 City Council Meering 12-13-04 14 BE IT FURTHER RESOLVED that the department appropriations totaling $27,350,970 as listed in the budget booklet are hereby approved for the 2005 Operating Budget: BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation provided that the net operating income before other revenues and expenses excluding depreciation for 2005 is not less than $64,160. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2005 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS $920,880 FIRE TRUCK REPLACEMENT 440 OPEN SPACE 580 PARK DEVELOPMENT 1,077,260 PUBLIC IMPROVEMENT PROJECTS 130 PUBLIC WORKS BULDING ADDITION 1,050,010 REDEVELOPMENT 208,010 STREET CONSTRUCTION STATE AID 30 TAX INCREMENT ECONOMIC DEV. DISTRICT #1-5 7,840 TAX INCREMENT HOUSING DISTRICT #1-1 170 TAX INCREMENT HOUSING DISTRICT #1-2 180 TAX INCREMENT HOUSING DISTRICT #1-3 170 TAX INCREMENT HOUSING DISTRICT #1-4 47,610 TAX INCREMENT HOUSING DISTRICT #1-5 39,460 TAX INCREMENT HOUSING DISTRICT #1-6 93,460 TAX INCREMENT HOUSING DISTRICT #1-7 180 TAX INCREMENT HOUSING DISTRICT #1-8 190 WATER AVAILABILITY CHARGE - NO. ST. PAUL 100 WATER AVAILABILITY CHARGE - ST. PAUL 40 TOTAL CAPITAL IMPROVEMENTS $3,446,740 BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each public improvement project when the Council orders the project and that the budget amounts shall be recorded at amounts specified in the feasibility study for the project. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2005 Debt Service Budget: $3,535,000 Principal 1,264,780 Interest 5,330 Paying Agent Fees 45,870 Interest - Interfund loans 11,020 Investment Management $4,862,000 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for financial reporting and management control. BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted City Council Meeting 12-13-04 15 for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts, within a fund, shall only require the approval of the City Manager or his designee. However, City Council approval is required for transfers from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or canceled by the City Council. BE IT FURTHER RESOLVED that $162,000 of the fund balance in the General Fund is designated for contingencies. Seconded by Councilmember Juenemann Ayes-Councilmembers Juenemann, Monahan-Junek and Rossbach Nays -Mayor Cardinal and Councilmember Koppen 7:15 p.m. County Road D Court (New County Road D, west of TH 61 to TH 61), City Project 04-06: Resolution Ordering Improvements and Preparation of Plans and Specifications City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: Jennifer Bouthilet, 1320 County Road D, Maplewood d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution ordering the project, authorizing the preparation of plans and specifications and approving the project financing plan for the County Road D Court Improvements (New County Road D to TH 61): RESOLUTION 04-12-221 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 22nd day of November, 2004, fixed a date for a council hearing on the proposed street improvements for the County Road D Court Improvements (New County Road D to TH 61), City Project 04-06, and TH 61 Acceleration Lane Improvements, City Project 03-07. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on December 13, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, City Council Meeting 12-13-04 16 MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to County Road D Court according to said feasibility study for City Project 04-06. 2. Such improvement is hereby ordered as proposed in this council resolution adopted this 13th day of December 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. The City Engineer has reported that said project shall be constructed in coordination with other improvements along and adjacent to TH 61. The City Engineer is hereby authorized to combine said projects as part of the final plans and specifications and report to the City Council for final approval on said combined projects at the time of plan approval. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $653,740 shall be established. The proposed financing plan is as follows: Ramsey County Funds $ 64,099 MnDOT Cooperative Agreement Funds for culdesac $ 25,000 MnDOT Cooperative Agreement Funds for Accel Lane $312,062 City of Vadnais Heights $ 62,042 Street and Storm Assessments: $ 75,270 St Paul Regional Water Service $ 29,921 Maplewood Debt Service Fund $ 85,346 Total: $653,740 Seconded by Mayor Cardinal Ayes -All 4. 7:30 p.m. TH 61 East Frontage Road (New County Road D to I-694), City Project 04- 25: Resolution Ordering Improvements and Preparation of Plans and Specifications City Manager Fursman presented the report. b. City Engineer AN presented specifics from the report. Mayor Cardinal opened the public hearing, calling for proponents or opponents. The following person was heard: None d. Mayor Cardinal closed the public hearing. Councilmember Koppen moved to adopt the following resolution approving the project and orderingthe he improvements and preparation of plans and specifications for TH 61 East Frontage Road: City Council Meeting 12-13-04 17 RESOLUTION 04-12-224 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the city council adopted the 22nd day of November, 2004, fixed a date for a council hearing on the proposed street improvements for the improvement of TH 61 Improvements (New County Road D to 694), City Project 04-25 and City Project 03-07 AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on December 13, 2004, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the TH 61 East Frontage Road according to said feasibility study for City Project 04-25 and 03-07. 2. Such improvement is hereby ordered as proposed in this council resolution adopted this 13th day of December 2004. 3. The city engineer is designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. The City Engineer has reported that said project shall be constructed in coordination with other improvements along and adjacent to TH 61. The City Engineer is hereby authorized to combine said projects as part of the final plans and specifications and report to the City Council for final approval on said combined projects at the time of plan approval. 4. The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $356,085 shall be established. The proposed financing plan is as follows: MnDOT Cooperative Agreement Funds Kline Nissan Assessment Kline Volvo Assessment Lexus Assessment Total: Seconded by Councilmember Monahan-Junek L AWARD OF BIDS None J. UNFINISHED BUSINESS $ 81,085 $145,000 $ 75,000 $ 55,000 $356,085 Ayes -All Trash Container Storage Code Amendment (Second Reading) City Manager Fursman presented the staff report. City Council Meeting 12-13-04 18 b. Fire Marshall Gervais presented specifics from the report. Councilmember Rossbach moved to approve the following second reading of the Trash Container Ordinance: ORDINANCE 857 Containers shall be placed along side the garage, side of the house or at the rear of the premises and these locations shall not interfere with any adjoining property; effort should be made to reduce the visibility or view of the trash container from the street. All trash shall be in the container and the lid closed to prevent trash from falling out. Exceptions: The City Official may allow an exception to this ordinance or the homeowner/property owner can appeal to the city council. Seconded by CouncilmemberKoppen K. NEW BUSINESS Ayes -Mayor Cardinal, Councilmembers Koppen and Rossbach Nays-Councilmember Juenemann and Monahan-Junek On -Sale Liquor License — Amanda Kranz, Stargate Bar City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Ms. Amanda Kranz was present to answer questions from council. Councilmember Koppen moved to approve the on -sale liquor license for Amanda Kranz for Stargate Bar. Seconded by CouncilmemberRossbach Ayes -All 2. On -Sale Liquor License — Chad Sprinkel, Broadway Bar & Pizza City Manager Fursman presented the staff report. b. City Clerk Guilfoile presented specifics from the report. Councilmember Monahan-Junek moved to approve the on -sale liquor license for Mr. Chad Sprinkel for Broadway Bar and Pizza. Seconded by CouncilmemberRossbach Ayes -All Gladstone Redevelopment Improvements—Project 04-21 a. Approve Contract with Hoisington Koegler Group, Inc for Master Planning Services b. Approve Agreements with Kimley-Horn and Associates, Inc and SEH, Inc. for Engineering Services c. Authorize Project Funding d. Authorize Preparation of Environmental Assessment Worksheet (EAW) e. Authorize Preparation of Master Framework Plan City Council Meeting 12-13-04 19 City Manager Fursman presented the staff report. b. City Engineer AN and Assistant City Manager Coleman presented specifics from the report. Mayor Cardinal: • moved to approve a financing plan of $207,000 from the Redevelopment Fund and $64,000 from the Street Light Utility Fund and direct the finance director to make the appropriate transfers and arrangements for the project funding. • moved to approve the preparation of an Alternative Urban Areawide Review (AUAR) under the direction of the City Engineer consistent with Minnesota Statute regulations. Direct the City Engineer and Assistant City Manager to prepare the proper resolutions and authorizations to continue the development moratorium consistent with preparation of the AUAR until September 15, 2005 or earlier if the AUAR is adopted at such earlier date. • moved to approve the preparation of the Master Framework Plan under the direction of the Assistant City Manager. • moved to approve the establishment of a 15-20 member Gladstone Area Redevelopment Task Force and authorize the Assistant City Manager to receive names of individuals interested in serving on said Task Force. The Assistant City Manager is directed to report to the City Council at the January 10, 2005 meeting on her recommendation of the members of the Task Force. Seconded by CouncilmemberKoppen Ayes -All Council designated Councilmembers Rossbach and Koppen to serve as representatives on the Gladstone Area Redevelopment Task Force. 4. Conditional Use Permit — Maple Tree Group Home (2831 Southlawn Drive) City Manager Fursman presented the staff report. b. Planner Roberts presented specifics from the report. Commissioner Ahlness provided the Planning Commission report. d. John Brandt, the applicant provided further specifics. The following person was heard: Mick Manders, 2804 Southlawn Drive, Maplewood Councilmember Juenemann moved to extend the meeting until all agenda items were addressed. Seconded by Councilmember Rossbach Ayes -All City Council Meeting 12-13-04 20 Councilmember Rossbach moved to adopt the following resolution approving a CUP for the Mapletree Group Home to have up to 12 residents living in their residential facility at 2831 Southlawn Drive: CONDITIONAL USE PERMIT RESOLUTION 04-12-222 MAPLETREE GROUP HOME WHEREAS, Mr. Jon Brandt, representing the Mapletree Group Home, is requesting that Maplewood approve a conditional use permit to have up to 12 residents live in the residential facility (group home) on the property at 2831 Southlawn Drive. is: WHEREAS, this permit applies to the property at 2831 Southlawn Drive. The legal description The south 96 feet of the north 636 feet of the east 158 feet of the SEI/4 of Section 3, Township 29, Range 22, Ramsey County. (PIN 03-29-22-41-0015) WHEREAS, this history of this conditional use permit is as follows: On November 15, 2004, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council deny this permit. 2. On December 13, 2004, the city council discussed this request. The council gave everyone at the meeting a chance to speak and present written statements. The council also considered reports and recommendations of 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 approves 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 run-off vibration, general unsightliness, electrical interference or other nuisances. 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. City Council Meeting 12-13-04 21 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. 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 is subject to the following conditions: 1. The owner or operator of the facility doing the following: a. Parking of vans or vehicles for this facility shall be on the driveway or in the garage. All employees shall not park on the street. There shall be no more than three visitor vehicles on the property. b. There shall be no more than 12 residents living in the facility at any time. C. Have the night awake staff in-place before adding any more residents or sooner, if required by other licensing agencies. d. Adding additional onsite electronic monitoring to the facility (including window alarms) before adding more residents. e. Having an annual open house for the neighbors of the facility. f Make all the corrections/additions as required by the fire marshal. 2. The owners or operator shall not do any maintenance or repair of their vans or vehicles on the public street. The operator shall get the necessary licenses or approvals from Ramsey County or from the State of Minnesota. 4. The owner or operator shall ensure that the house has the proper emergency exits and smoke detectors that meet current standards before adding any additional residents above the six allowed by law. The city council shall review this permit in one year or immediately if there are two criminal offenses related to the facility or to its residents. Seconded by CouncilmemberMonahan-Junek Ambulance Rates for 2005 Ayes-Councilmembers Juenemann, Monahan-Junek and Rossbach Nays -Mayor Cardinal and Councilmember Koppen City Council Meeting 12-13-04 22 City Manager Fursman presented the staff report. b. Finance Director Faust presented specifics from the report. Councilmember Koppen moved to adopt the following resolution to set the ambulance rates for 2005: RESOLUTION 04-12-225 ADOPTING 2005 AMBULANCE RATES WHEREAS, the City of Maplewood is authorized to impose reasonable charges for emergency and paramedic ambulance services by Minnesota Statutes 471.476 and by special laws (Chapter 426, Laws of 1975, and Chapter 743, Laws of 1978); and WHEREAS, the paramedic ambulance services are partly financed by property taxes; and WHEREAS, it is fair and reasonable to charge non-residents a higher rate than residents for services rendered; and WHEREAS, it is fair and reasonable to charge for services rendered based upon the distance a person is transported and by type of services provided; i.e., basic or advanced life support services as defined by Medicare. NOW, THEREFORE, BE IT RESOLVED, that the following charges shall be effective January 1, 2005: BE IT FURTHER RESOLVED, that there shall be no charge when the patient has not been administered treatment and is not transported, when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges will be pro -rated between the people transported. Seconded by Councilmember Juenemann Ayes -All 6. Beaver Lake School/Geranium Park Drainage Improvements, Project 04-35: Receive Petition and Resolution Ordering Preparation of Feasibility Study City Manager Fursman presented the staff report. City Council Meeting 12-13-04 23 Residents Non -Residents Base rates: Non -transport (treatment administered) $ 290.00 $ 310.00 Basic life support ambulance services $ 780.00 $ 815.00 Advanced life support ambulance services 1 $1,030.00 $1,080.00 Advanced life support ambulance services 2 $1,150.00 $1,205.00 Rate per mile transported $ 13.00 $ 13.00 BE IT FURTHER RESOLVED, that there shall be no charge when the patient has not been administered treatment and is not transported, when the patient is transported to the detoxification center, or when the patient is transported in a squad car. BE IT FURTHER RESOLVED, that if more than one person is transported, the ambulance charges will be pro -rated between the people transported. Seconded by Councilmember Juenemann Ayes -All 6. Beaver Lake School/Geranium Park Drainage Improvements, Project 04-35: Receive Petition and Resolution Ordering Preparation of Feasibility Study City Manager Fursman presented the staff report. City Council Meeting 12-13-04 23 L. M. N. b. City Engineer presented specifics from the report. Councilmember Juenemann moved to authorize preparation of a study report for the Beaver Lake/Geranium Park Drainage Improvement, Project 04-35, and authorized the Finance Director to transfer $4,000 to the project fund. Seconded by CouncilmemberKoppen Ayes -All 7. County Road D West Improvements, City Project 02-08 — Approve Four Agreements for Right of Way and Easements with LMCD Properties City Manager Fursman presented the staff report. b. City Engineer AN presented specifics from the report. Councilmember Monahan-Juenemann moved to approve the acquisition agreement wit La Mettry Properties LLC, LMCD Properties of Minnesota, LLD, MMH Investments, LLC, and M & M Partnership of Minnesota, LLP and Approve the payment of $168,000 to LMCD Properties of Minnesota, LLC for the County Road D West Realignment Project TH 61 to Highridge Court), City Project 02-08. Seconded by CouncilmemberKoppen 8. Set 2005 Tax Levy -No Report Item Pulled VISITOR PRESENTATIONS Ayes-Councilmembers Juenemann, Koppen, Monahan-Junek and Rossbach Abstain -Mayor Cardinal 1. Edward Kivel, 1880 MaryKnoll Avenue, shared a problem he was having with a sewer backup on his property. 2. Richard McCain, Radatz Avenue, shared his disappointment with the council on the Mapletree Group Home. COUNCIL PRESENTATIONS 1. Resident Acknowledgement-Ceil Starezny, a former Maplewood resident, is residing at the Shalom Home is the president of the resident council. 2. Holiday Hours -City Hall will be closed Friday, December 24th and Friday, December 31st Food Shelf -Maplewood is falling behind in the competition with North St. Paul and Oakdale, but there is still time (until December 31st ) to drop off a donation. ADMINISTRATIVE PRESENTATIONS December 27, 2004 City Council Meeting City Council Meeting 12-13-04 24 Councilmember Koppen moved to cancel the December 27, 2004 City Council Meeti Seconded by Councilmember Juenemann Ayes -All O. ADJOURNMENT Councilmember Juenemann moved to adiourn at 12:09 a.m. Seconded by Councilmember Koppen Ayes -All City Council Meeting 12-13-04 25 MEMORANDUM Date: December 13, 2004 To: Melinda Coleman From: Patrick J. Kelly RE: Conditional Use Permits Dear Ms: Coleman: Courts have consistently reviewed a city's denial of a conditional use permit. The Court review is limited to the legal sufficiency and the factual basis of the City Council's stated reasons for denying a permit. Trisko v. City of Waite Park, 566 N.W.2d 349, 352 (Minn. Ct. App. 1997) A City's denial is not considered arbitrary by the courtswhen at least one of the reasons given for the denial satisfies the rational basis test. No findings create a presumption of arbitrariness. In Zylka v. City of Cr sy tal, the Court stated, "where the governing body denies a special use permit without making findings or otherwise recording a reason or reasons for its action, the trial court must recognize that a prima facie case of arbitrariness has been established." In other words, "a lack of contemporaneous findings is per se arbitrary and capricious." a. "The requirement that contemporaneous findings be recorded prevents a city from offering `after -the -fact' justifications unrelated to the actual reasons from the initial decision." R.A. Putnam & Assocs. Inc. v. City of Mendota Heights, 510 N.W. 2d 264, 267 (Minn. Ct. App. 1993). "While the city need not necessarily prepare formal findings of fact, they must, at a minimum, have the reasons for their decision recorded or reduced to writing and in more than just a conclusory fashion." Earthburners Inc. v. County of Carlton, 504 N.W. 2d 66, 71 (Minn. Ct. App. 1993). An example of a "conclusory fashion" is that it violates public health safety and welfare with no explanation as to specifics. Vague or conclusory findings switch burden of proof In other words, if the court determines that the findings are vague such as there may be increased traffic or may have criminals in the area, or in the alternative, there will be a violation of public safety. These findings without documenting or substantiated testimony will place the burden on the City to justify its decision. Health, safety or welfare reasons for denial. When a zoning ordinance expressly authorized the proposed use by conditional use permit, the city's denial must be for reasons relating to public health safety and general welfare. The rationale for a denial of a conditional use permit must be something more concrete than neighborhood opposition and expression of concern for public safety. Compliance with ordinance requirements. a. "Where a zoning ordinance specifies standards which must be applied in determining whether or not to grant a conditional use permit and the applicant fully complies with the specified standards, a denial of the permit is arbitrary as a matter of law." In this case, the City has specific standards set forth by its ordinance and in order to establish a denial the standards must be documented, and substantiated by concrete testimony that said application does not meet the ordinance requirements: The use would be located, designed, maintained, constructed and operated to be in conformity with the City's comprehensive plan and code of ordinances. The record must establish that the use is not in conformity with the comprehensive plan and that the use is not permitted or in violation of City ordinances. The use would not change the existing or planned character of the surrounding areas. Examples are somewhat easy, in other words, a commercial dog kennel in the middle of residential area or the architectural design of the proposed use transfers a character of the surrounding area into more of a commercial use. The use would not depreciate property value. Cities have litigated on this issue. It is not sufficient to have a property owner say "my property has depreciated." There must be expert testimony to establish a depreciation to a property owner or there must be testimony by individuals that present a rational basis such as similar uses and resulting sales of depreciated property values. Its noted that "a city may not reject expert testimony without adequate supporting reasons." SuperAmerica, 529 N.W. 2d at 268. And also, "expert testimony can not be discounted based on neighbors unsubstantiated concerns or unscientific speculation" Trisko,566 N.W. 2d a t 355. The use would not involve any activity .... or methods of operation that would be dangerous.... disturbing or cause a nuisance to any person or property because of excessive noise.... In this particular finding an order for the City to deny it must have testimony that the use would be dangerous or detrimental. This is where City staff such as public safety and engineering would offer any additional comments to support a denial. The use would generate only minimal vehicular traffic on local streets. It would not create traffic congestion or unsafe access on existing or proposed streets. Again, the court has on these type of issues in order to substantiate a concern said concern must be supported by documentation or in the alternative traffic engineers or public safety reports. If the City does not have opposition from its engineers and public safety officials, then in other evidence would have to be substantial to support a denial based on this issue. The use will be served by adequate public facilities and services..... police and fire protection. For this finding, public safety and fire would have to indicate that there is not adequate service. The use would not create excessive additional costs for public facilities or services. This was created for purposes of resizing water and sewer or establishing fire protection system for the use. The use would maximize the preservation and incorporate the site's natural scenic features. This factor is self-explanatory. The use would cause minimal adverse environmental effects. This factor is self-explanatory. Finally, I have reviewed the draft of the Planning Commission minutes and make the following comments, specifically: One Commissioner would prefer to see the residents that are for and those that are against the proposal indicated on the map. Again, the neighborhood opposition is not sufficient for denial nor is neighborhood support sufficient if it does not meet the criteria. Commissioner Bartall asked if staff knew if there was shortage of group homes in Maplewood. As you know, economics does not dictate whether a use should be granted or denied. The parameters are whether or not the use meets the conditions of the ordinance. Commissioner Desai stated that Nicole Zuk spoke with Ramsey County Assessor and was told that because of the number of residents in a group home, homeowners that wanted to sell their house would be required to disclose that there was a group home with sex offenders living there. This statement must be supported by additional statements that said disclosure depreciates the value of homes. Again, Mr. Roberts should check whether or not there is a duty to notify potential buyers. The Court also indicated that the City has the right to impose additional conditions. Specifically in the Trisko case, the City acted arbitrary and capriciously in rejecting a conditional use permit to allow operation of a quarry, without suggesting or imposing additional conditions which would allow the issuance of a permit. In this particular case, the City could have had additional conditions in vibration control. In this particular situation with the group home, if parking is an issue, and if there is a concern with overcrowding on a continuous basis, with an additional thirty visitors a day, then the City would indicate that it will only allow a certain number of visitors on the property at a time. This would avoid concerns as to traffic congestion or parking. Please feel free to contact me with any questions or concerns in this regard. Respectfully yours, KELLY & FAWCETT, P.A. Patrick J. Kelly AGENDA REPORT TO: City Manager FROM: Finance Director AGENDA NO. H -V RE: PUBLIC HEARING ON PROPOSED 2005 BUDGET AND TAX LEVY DATE: December 9, 2004 State law requires that the final property tax levy and budget be adopted at the public hearing. The tax levy needs to be adopted before the budget is adopted. The first resolution attached will levy property taxes payable in 2005. The amounts listed in the resolution will increase the tax levy by 4.7% and cause an increase of approximately 10.7% in city taxes on homes. These percentages are different because the county assessor valuations on commercial properties have decreased by an average of 1 % and valuations on residential properties have increased by an average of 15%. The second resolution attached will adopt the 2005 Budget. It includes the revisions to the proposed budget that are listed in Exhibit B. P\agn\05BudgetAdoptionHearing 1 Exhibit A RESOLUTION CERTIFYING TAXES FOR CITY OF MAPLEWOOD TOTALS $4,763,160.16 2,818,000.00 (1,945,160.16) P\EXCEL\BLIDMISC\DEBT SERVICE TAX LEVY 03 -Dec -04 PARNANCEMORMAGMAdoptBud 05 SCHEDULED ADOPTED INCREASE LEVY LEVY (DECREASE) 331 G.O. BONDS - 1995A 5,924.00 - (5,924.00) 332 G.O. TAX INCREMENT REFUNDING BONDS - 1995B 190,476.00 191,980.00 1,504.00 334 G.O. REFUNDING BONDS - 1998B 117,273.00 133,920.00 16,647.00 335 G.O. IMPROVEMENT BONDS - 1999A 55,465.00 65,500.00 10,035.00 337 G.O. FIRE SAFETY BONDS - 2000A 313,746.00 320,800.00 7,054.00 338 G.O. EQUIPMENT CERTIFICATES - 2001A 196,336.88 186,200.00 (10,136.88) 339 G.O. IMPROVEMENT BONDS - 2001 B 178,219.58 173,000.00 (5,219.58) 340 G.O. IMPROVEMENT REFUNDING BONDS - 2001C 133,835.63 12,400.00 (121,435.63) 341 G.O. IMPROVEMENT BONDS - 2002A 245,435.74 138,420.00 (107,015.74) 342 G.O. IMPROVEMENT REFUNDING BONDS - 2002B 511,835.63 517,900.00 6,064.37 343 G.O. TAX INCREMENT REFUNDING BONDS - 2002C 609,013.13 351,300.00 (257,713.13) 344 G.O. OPEN SPACE REFUNDING BONDS - 2002D 408,673.13 388,100.00 (20,573.13) 345 G.O. IMPROVEMENT BONDS - 2003A 165,939.56 219,300.00 53,360.44 347 G.O. REFUNDING BONDS - 2004A 16,645.74 61,040.00 44,394.26 348 G.O. IMPROVEMENT BONDS - 2004B 1,350,801.00 - (1,350,801.00) 350 G.O. CAPITAL IMPROVEMENT PLAN BONDS - 2004E 111,354.00 58,140.00 (53,214.00) 352 G.O. TAX INCREMENT REFUNDING BONDS - 2004F-' -152,186.14 - (152,186.14) TOTALS $4,763,160.16 2,818,000.00 (1,945,160.16) P\EXCEL\BLIDMISC\DEBT SERVICE TAX LEVY 03 -Dec -04 PARNANCEMORMAGMAdoptBud 05 tcESOLUTION ADOPTING A BUDGET FOR 2005 f BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA that a budget for 2005 is hereby adopted as outlined in the following summary: Estimated Balances 01-01-05 Revenues Net other increases (decreases) Expenditures Estimated Balances 12-31-05 BE IT FURTHER RESOLVED that the department appropriations totaling $27,350,970 as listed in the budget booklet are hereby approved for the 2005 Operating Budget: BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation provided that the net operating income before other revenues and expenses excluding depreciation for 2005 is not less than $64,160. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2005 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS FIRE TRUCK REPLACEMENT OPEN SPACE PARK DEVELOPMENT PUBLIC IMPROVEMENT PROJECTS PUBLIC WORKS BULDING ADDITION REDEVELOPMENT STREET CONSTRUCTION STATE AID TAX INCREMENT ECONOMIC DEV. DISTRICT #1-5 TAX INCREMENT HOUSING DISTRICT #1-1 TAX INCREMENT HOUSING DISTRICT #1-2 TAX INCREMENT HOUSING DISTRICT #1-3 TAX INCREMENT HOUSING DISTRICT #1-4 TAX INCREMENT HOUSING DISTRICT #1-5 TAX INCREMENT HOUSING DISTRICT #1-6 TAX INCREMENT HOUSING DISTRICT #1-7 TAX INCREMENT HOUSING DISTRICT #1-8 WATER AVAILABILITY CHARGE - NO. ST. PAUL WATER AVAILABILITY CHARGE - ST. PAUL TOTAL CAPITAL IMPROVEMENTS BUDGET APPROPRIATIONS PARNANCEMORMAGMAdoptBud 05 $920,880 440 580 1,077,260 130 1,050,010 208,010 30 7,840 170 180 170 47,610 39,460 93,460 180 190 100 40 $3,446,740 CAPITAL DEBT OPERATING IMPROVEMENTS SERVICE BUDGET BUDGET BUDGET TOTAL $30,750,750 $1,361,392 $6,645,207 $38,757,349 26,769,450 1,722,570 3,620,120 $32,112,140 (1,029,190) 2,754,680 297,590 $2,023,080 (27,350,970) (3,446,740) (4,862,000) ($35,659,710) $29,140,040 $2,391,902 $5,700,917 $37,232,859 BE IT FURTHER RESOLVED that the department appropriations totaling $27,350,970 as listed in the budget booklet are hereby approved for the 2005 Operating Budget: BE IT FURTHER RESOLVED that the expenses for the Community Center Operations Fund may exceed the appropriation provided that the net operating income before other revenues and expenses excluding depreciation for 2005 is not less than $64,160. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2005 Capital Improvements Budget: CAPITAL IMPROVEMENT PROJECTS FIRE TRUCK REPLACEMENT OPEN SPACE PARK DEVELOPMENT PUBLIC IMPROVEMENT PROJECTS PUBLIC WORKS BULDING ADDITION REDEVELOPMENT STREET CONSTRUCTION STATE AID TAX INCREMENT ECONOMIC DEV. DISTRICT #1-5 TAX INCREMENT HOUSING DISTRICT #1-1 TAX INCREMENT HOUSING DISTRICT #1-2 TAX INCREMENT HOUSING DISTRICT #1-3 TAX INCREMENT HOUSING DISTRICT #1-4 TAX INCREMENT HOUSING DISTRICT #1-5 TAX INCREMENT HOUSING DISTRICT #1-6 TAX INCREMENT HOUSING DISTRICT #1-7 TAX INCREMENT HOUSING DISTRICT #1-8 WATER AVAILABILITY CHARGE - NO. ST. PAUL WATER AVAILABILITY CHARGE - ST. PAUL TOTAL CAPITAL IMPROVEMENTS BUDGET APPROPRIATIONS PARNANCEMORMAGMAdoptBud 05 $920,880 440 580 1,077,260 130 1,050,010 208,010 30 7,840 170 180 170 47,610 39,460 93,460 180 190 100 40 $3,446,740 BE IT FURTHER RESOLVED that the Finance Director shall establish a budget for each public improvement project when the Council orders the project and that the budget amounts shall be recorded at amounts specified in the feasibility study for the project. BE IT FURTHER RESOLVED that the following appropriations are hereby approved for the 2005 Debt Service Budget: $3,535,000 Principal 1,264,780 Interest 5,330 Paying Agent Fees 45,870 Interest - Interfund loans 11,020 Investment Management $4,862,000 TOTAL DEBT SERVICE BUDGET APPROPRIATIONS BE IT FURTHER RESOLVED that the above budgets for Governmental Funds are hereby adopted for financial reporting and management control. BE IT FURTHER RESOLVED that the above budgets for all other funds are hereby adopted for management purposes only. BE IT FURTHER RESOLVED that the transfer of appropriations among the various accounts, within a fund, shall only require the approval of the City Manager or his designee. However, City Council approval is required for transfers from contingency accounts. BE IT FURTHER RESOLVED that all appropriations which are not encumbered or expended at the end of the fiscal year shall lapse and shall become part of the unencumbered fund balance which may be appropriated for the next fiscal year except appropriations for capital improvement projects which shall not lapse until the project is completed or canceled by the City Council. BE IT FURTHER RESOLVED that $162,000 of the fund balance in the General Fund is designated for contingencies. PAFINANCEMORMAGMAdoptBud 05 2005 OPERATIONS BUDGET REVISIONS GENERAL FUND (101) ADJUSTMENTS: REV. EXP. Increase building -related permit fees 101,000 (6,210) Increase planning fees 19,600 Increase firefighter pension or deferred compensation Reduce estimated health insurance costs Reduce IT charges due to lower IT expenses (83,250) Reduce IT charges due to lower health insurance costs 34,660 (1,550) Increase firefighter pension or deferred compensation Reduce estimated health insurance costs 34,410 Increase administration program costs in Executive (1,740) Reduce estimated health insurance costs Department for education reimbursements 7,000 Increase in-house engineering charges 50,000 Start new fire insp.& bus. lic. fees 40,000 I.T. Fund Reduce sealcoating costs 18,000 (25,000) Reduce IT charges due to lower IT expenses (34,630) (28,510) No attorney at Mgmt. Team meetings (8,000) Reduce P.W. consultant fees TOTAL OPERATIONS BUDGET REVISIONS (15,000) Reduce Tartan Arena costs to 2004 level (227,480) (50,000) (25,000) Cut two police officers (117,330) Cut one new squad car (26,000) Reduce tax levy (900,000) Totals (689,400) (288,230) AMBULANCE SERVICE FUND (606) ADJUSTMENTS: REV. EXP. Increase PPC wages for ems calls 35,000 Reduce estimated health insurance costs (6,210) Reduce IT charges due to lower health insurance costs (10) Increase firefighter pension or deferred compensation 35,820 Reduce IT charges due to lower IT expenses (200) Increase tax levy 34,660 Totals 34,660 64,400 COMMUNITY CENTER OPERATIONS FUND (602) ADJUSTMENTS: REV. EXP. Reduce estimated health insurance costs (3,910) Reduce IT charges due to lower health insurance costs (1,010) Reduce IT charges due to lower IT expenses (2,150) Decrease tax levy (169,890) Totals (169,890) (7,070) RECREATION PROGRAMS FUND (206) ADJUSTMENTS: REV. EXP. Reduce estimated health insurance costs (2,530) Reduce IT charges due to lower health insurance costs (60) Reduce IT charges due to lower IT expenses (1,140) Decrease tax levy (83,490) Totals (83,490) (3,730) OTHER FUNDS Exhibit B Page 1 OTHER ADJUSTMENTS: REV. EXP. Reduce estimated health insurance costs Sewer Fund (3,210) Reduce estimated health insurance costs E.U. Fund (3,080) Reduce estimated health insurance costs Recycling Fund (190) Reduce estimated health insurance costs Fleet Mgmt. Fund (1,740) Reduce estimated health insurance costs I.T. Fund (2,630) Cut storage area network I.T. Fund (50,000) Add contract costs I.T. Fund 18,000 Decrease internal I.T. charges I.T. Fund (34,630) Totals (34,630) 7,150 (50,000) TOTAL OPERATIONS BUDGET REVISIONS (942,750) (227,480) (50,000) Exhibit B 2005 CAPITAL IMPROVEMENT BUDGET REVISIONS Page 2 CAPITAL IMPROVEMENT PROJECTS FUND (405) ADJUSTMENTS: REV. EXP. Cut rotary mower for parks (70,000) Eliminate sidewalk improvements (50,000) Decrease tax levy (120,000) Totals (120,000) (120,000) REDEVELOPMENT FUND (430) ADJUSTMENTS: REV. EXP. Reduce Gladstone Redevelopment costs (243,000) Add sale of property 400,000 Decrease tax levy (128,700) Totals 271,300 (243,000) TOTAL CAPITAL IMPROVEMENT BUDGET REVISIONS 151,300 (363,000) LOCATION: P:\EXCEL\BUDMISC\2005 BUDGET OPTIONS R7 10 -Dec -04 BHSI Clinic - Eagan 1185 Town Centre Drive Suite 225 Eagan, MN 55121 651.681.1600 651.769.6249 Fax L323 (1/04) Behavioral Health Services, Inc. November 22, 2004 Ken Roberts 1830 E. Co. Rd. B Maplewood, MN 55109 Dear Mr. Roberts: I write to you regarding Maple Tree Group Home. In a recent conversation with John Brandt, the group home director, I was informed that there is some move afoot in the community to limit the work of the Maple Tree Group Home. Apparently, there is some concern that the residents in the home would cause problems in the community. As you know, Maple Tree has been operating for 14 years and no problems have emerged in the community as a result. The Maple Tree Group Home and John himself do excellent work with boys at risk. As a child psychiatrist in the community, I have worked with many of these boys and found John's assistance to them invaluable. Our community is far better off with these services available than it would be without. I hope that you will continue to support the Maple Tree Group Home and its work in coming years. Thank you for your attention. Sincerely, Bart Main, M.D. Behavioral Health Services, Inc. EM159/861529 DEC 1 0 2004 ^��A"vE✓`5�� Minnesota Correctional Facility — Red Wing�F-Rw m 1079 Highway 292 1 Red Wing, MN 55066 (651) 267-3600 Al yr PSYCHOLOGICAL SERVICES Gary Hertog, Psy.D., LP Psychological Services Director Office: (651) 267-3753 Fax: (651) 385-6437 email: ghertog@rw.doc.state.mn.us Date: 12/1/04 To: Ken Roberts City Of Maplewood 1830 East County Road B Maplewood 55109 From: Gary Hertog, Psy.D., LP Psychological Services Director MCF -Red Wing I am writing this letter to express my strong support for the purposed expansion by Jon Brandt of the Mapletree Group home, which I understand has become pragmatically necessary in order to meet licensing requirements. I have known Jon for approximately 10 years, during which time I have worked at programs that have placed youth with sexual and other offenses at the Mapletree Group Home. I have interacted with many placements over the years and have never been more impressed with the degree of professionalism with which Jon structures and operates his group home. In doing so, he not only provides for the care and treatment of residents, but for the safety of the community. Unfortunately, there are few placements that are willing to provide services for youth who have been adjudicated with a sexual offense. Jon has an excellent track record in your community and is well respected by professionals that provide services to the youth with whom he works. It is also important to note that Jon is very selective concerning the youth he is willing to accept. Youth who are eventually placed at the Mapletree Group Home typically would need to be viewed as appropriate for such a placement as the result of a mental health evaluation and probation assessment, as well as by Jon's extensive knowledge of what is appropriate for the group home and the community. In summary, Jon has provided an outstanding, necessary, and rare resource at the Mapletree Group Home for many years. Although it is understandable that some people would prefer such facilities be located in other communities, Jon's track record strongly evidences that risk can be minimized in the provision of this necessary service. Signed, Gary Hert , Ps P RECEIVED Psycholo ' al Services Director MCF -Red Wing DEC 0 3 2004