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HomeMy WebLinkAbout11-14-2011MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, November 14, 2011 Council Chambers, City Hall Meeting No. 22 -11 Q 13 A 1 §a E. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:01 p.m. by Mayor Rossbach. PLEDGE OF ALLEGIANCE ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present APPROVAL OF AGENDA Councilmember Llanas moved to approve the agenda as submitted. Seconded by Councilmember Nephew Ayes — All The motion passed. APPROVAL OF MINUTES 1. Approval of October 24, 2011 City Council Workshop Minutes Councilmember Juenemann moved to approve the October 24, 2011 City Council Workshop Minutes as submitted. Seconded by Councilmember Llanas Ayes — All The motion passed. 2. Approval of October 24, 2011 City Council Meeting Minutes Councilmember Nephew noted that the minutes need to be changed to reflect that he was absent from the meeting and agenda item D Approval of Agenda needs to be changed to reflect that Councilmember Koppen added items N2 and N3. Councilmember Juenemann noted that agenda item 11 Trash Collection System Analysis — Update on Negotiations with Allied Waste Services needs to be changed to remove the name Mr. Yearling and replace with Mr. Hirstein. Councilmember Juenemann moved to approve the October 24, 2011 City Council Meeting Minutes as amended. Seconded by Councilmember Llanas Ayes — Councilmember Koppen, Llanas, Juenemann and Mayor Rossbach Abstain — Councilmember Nephew The motion passed. November 14, 2011 City Council Meeting Minutes F. APPOINTMENTS AND PRESENTATIONS None. G. CONSENT AGENDA Councilmember Juenemann requested to highlight agenda items G8 and G15. Councilmember Nephew requested to highlight agenda items G2 and G14. Councilmember Juenemann moved to approve agenda items G1 thru G15. Seconded by Councilmember Koppen Ayes — All The motion passed. 1. Approval of Claims Councilmember Juenemann moved to approve the Approval of Claims. ACCOUNTS PAYABLE 3,358,851.42 $ 1,039,480.77 Checks # 85450 thru # 85498 $ 498,588.33 dated 10/19/11 thru 10/25/11 $ 318,999.00 Disbursements via debits to checking account $ 2,375.01 dated 9/30/11 thru 10/20/11 $ 984,420.19 Checks # 85499 thru # 85559 $ 500,963.34 dated 10/25/11 thru 11/1/11 $ 195,213.49 Disbursements via debits to checking account dated 10/21/11 thru 10/27/11 $ 439,058.92 Checks # 85560 thru # 85639 dated 11/2/11 thru 11/8/11 $ 381,679.05 Disbursements via debits to checking account dated 10/31/11 thru 11/4/11 $ 3,358,851.42 Total Accounts Payable PAYROLL $ 498,588.33 Payroll Checks and Direct Deposits dated 10/28/11 $ 2,375.01 Payroll Deduction check # 9985488 thru # 9985490 dated 10/28/11 $ 500,963.34 Total Payroll $ 3,859,814.76 GRAND TOTAL Seconded by Councilmember Koppen Ayes — All The motion passed. 2. Approval of 2011 Budget Adjustments and Transfers. Finance Manager Bauman addressed and answered questions of the council. November 14, 2011 2 City Council Meeting Minutes Councilmember Juenemann moved to approve the 2011 Budget Adjustments and Transfers. Basic life support Seconded by Councilmember Koppen Ayes — All The motion passed. Advanced life support 2 3. Approval of 2012 Contract with Alan Kantrud for Attorney Services. Councilmember Juenemann moved to approve the 2012 Contract with Alan Kantrud for Attorney Services. Seconded by Councilmember Koppen Ayes — All The motion passed. 4. Approval of 2012 Animal Control Contract. Councilmember Juenemann moved to approve the 2012 Animal Control Contract. Seconded by Councilmember Koppen Ayes — All The motion passed. 5. Approval of Resolution Adopting Ambulance Rates for 2012. Councilmember Juenemann moved to approve the Resolution Adopting Ambulance Rates for 2012. RESOLUTION 11 -11 -639 ADOPTION OF THE 2012 AMBULANCE RATES WHEREAS, the City of Maplewood has established ambulance rates, and WHEREAS, city staff has reviewed the ambulance rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The updated ambulance rates with a 3% increase shall become effective beginning January 1, 2012, with rates set as follows: Non - transport $600.00 Basic life support $1,586.00 Advanced life support 1 $2,085.00 Advanced life support 2 $2,300.00 Charge per mile $20.58 2. The updated ambulance rates are approved for all related ambulance runs received on or after January 1, 2012. 3. The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration. Seconded by Councilmember Koppen Ayes — All The motion passed. November 14, 2011 City Council Meeting Minutes 9 6. Approval of Resolution Accepting State Aid Advancement Funds. Councilmember Juenemann moved to approve the Resolution Accepting State Aid Advancement Funds_ RESOLUTION 11 -11 -640 MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION WHEREAS, the Municipality of Maplewood desires to receive payments on public improvements to our State Aid Street system which will require State Aid funds in excess of those available in its State Aid Construction Account, and WHEREAS, the advance is based on the following determination of expenditures: Account Balance as of November 1, 2011: $ 0 Less estimated disbursements for: Project 138- 121 -003 Project 138- 121 -004 Project 138- 112 -005 Total Advancement Amount: $ 1,000,000 WHEREAS, repayment of the funds so advanced will be made in accordance with the provisions of Minnesota Statutes 162.14, Subd. 6 and Minnesota Rules, Chapter 8820.1500, Subp. 10b, and WHEREAS, the Municipality acknowledges advance funds are released on a first -come- first -serve basis and this resolution does not guarantee the availability of funds. NOW, THEREFORE, Be It Resolved: That the Commissioner of Transportation be and is hereby requested to approve this advance for financing approved Municipal State Aid Street Projects of the Municipality of Maplewood in an amount up to $1,000,000. 1 hereby authorize repayments from subsequent accruals to the Municipal State Aid Street Construction Account of said Municipality in accordance with the schedule herein indicated: Repayment from entire future year allocations until fully repaid I HEREBY CERTIFY that the above is a true and correct copy of a resolution presented to and adopted by the Municipality of Maplewood, County of Ramsey, State of Minnesota, at a duly authorized Municipal Council Meeting held in the Municipality of Maplewood, Minnesota on the 14 day of November, 2011, as disclosed by the records of said Municipality on file and of record in the office. Municipality of Maplewood Municipal Clerk Seconded by Councilmember Koppen Ayes — All The motion passed. 7. Approval of Resolution Authorizing MN /DOT Agency Agreement. Councilmember Juenemann moved to approve the Resolution Authorizing MN /DOT Agency Agreement. RESOLUTION 11 -11 -641 APPROVING MN /DOT AGENCY AGREEMENT November 14, 2011 4 City Council Meeting Minutes BE IT RESOLVED, that pursuant to Minnesota Stat. Sec. 161.36, the Commissioner of Transportation be appointed as Agent of the City of Maplewood to accept as its agent, federal aid funds which may be made available for eligible transportation related projects. BE IT FURTHER RESOLVED, the Mayor and the City Manager are hereby authorized and directed for and on behalf of the City to execute and enter into an agreement with the Commissioner of Transportation prescribing the terms and conditions of said federal aid participation as set forth and contained in "Minnesota Department of Transportation Agency Agreement No. 99900, a copy of which said agreement was before the City Council and which is made a part hereof by reference. STATE OF MINNESOTA COUNTY OF RAMSEY CITY OF MAPLEWOOD I hereby certify that the foregoing Resolution is a true and correct copy of the Resolution presented to and adopted by the City of Maplewood at a duly authorized meeting thereof held on the 14 day of November, 2011, as shown by the minutes of said meeting in my possession. Notary Public City Clerk My Commission expires Seconded by Councilmember Koppen Ayes — All The motion passed. 8. Approval of Resolution of Donation to the Fire Department from Chris Larson. Fire Chief Lukin presented the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Resolution of Donation to the Fire Department from Chris Larson. RESOLUTION 11 -11 -642 RESOLUTION AUTHORIZING GIFT TO CITY WHEREAS, Maplewood is AUTHORIZED to receive and accept grants, gifts and devices of real and personal property and maintain the same for the benefit of the citizens and pursuant to the donor's terms if so- prescribed, and; WHEREAS, Chris Larson wished to grant the city of Maplewood the following: $200.00, WHEREAS, Chris Larson has instructed that the City will be required to use the aforementioned for: use by the fire department, and; WHEREAS, the city of Maplewood has agreed to use the subject of this resolution for the purposes and under the terms prescribed, and; WHEREAS, the City agrees that it will accept the gift by a four - fifths majority of its governing body's membership pursuant to Minnesota Statute §465.03; November 14, 2011 5 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gift aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by four - fifths or more majority vote of its membership on November 14, 2011. Signed: Signed: Witnessed: (Signature) (Signature) (Signature) Mayor Chief of Fire City Clerk (Title) (Title) (Title) (Date) (Date) (Date) Seconded by Councilmember Koppen Ayes — All The motion passed. 9. Approval of Resolution Certifying Special Assessments for Unpaid Ambulance Bills. Councilmember Juenemann moved to approve the Resolution Certifying Special Assessments for Unpaid Ambulance Bills. RESOLUTION 11 -11 -643 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following ambulance bills totaling $6,021.07 for collection with the taxes of said property owner for the year 2011, collectible in 2012, which includes interest at the rate of ten percent (10 %) on the total amount for one year. Seconded by Councilmember Koppen Ayes — All The motion passed. 10. Approval of Resolution Certifying Special Assessments for Unpaid Miscellaneous Charges. Councilmember Juenemann moved to approve the Resolution Certifying Special Assessments for Unpaid Miscellaneous Charges. RESOLUTION 11 -11 -644 RESOLVED, that the City Clerk is hereby authorized and directed to certify to the Auditor of Ramsey County the following miscellaneous charges totaling $23,541.75 for collection with the taxes of said property owner for the year 2011, collectible in 2012, which includes interest at the rate of ten percent (10 %) on the total amount for one year. Seconded by Councilmember Koppen Ayes — All The motion passed. November 14, 2011 6 City Council Meeting Minutes 11. Approval of Resolution for Temporary Gambling Permits for Ramsey Nursing Home Foundation. Councilmember Juenemann moved to approve the Resolution for Temporary Gambling Permits for Ramsey Nursing Home Foundation. RESOLUTION 11 -11 -645 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Ramsey Nursing Home Foundation 2000 White Bear Avenue for January 23, February 27, March 19 and October 15, 2012. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by Councilmember Koppen Ayes — All The motion passed. 12. Approval of Purchase of Two Submersible Sewage Pumps for Lift Station #6. Councilmember Juenemann moved to approve the Purchase of Two Submersible Sewage Pumps for Lift Station #6. Seconded by Councilmember Koppen Ayes — All The motion passed. 13. Approval of Purchase of Toolcat 5610 F- Series Work Machine. Councilmember Juenemann moved to approve the Purchase of a Toolcat 5610 F- Series Work Machine. Seconded by Councilmember Koppen Ayes — All The motion passed. 14. Approval of Installation of No- Parking Signs at Mayhill Road & 7th Street. Councilmember Nephew gave a short report. Councilmember Juenemann moved to approve the Installation of No- Parking Signs at Mavhill Road & 7 th Street. Seconded by Councilmember Koppen Ayes — All The motion passed. November 14, 2011 7 City Council Meeting Minutes 15. Approval of Installation of Stop Signs at Sandhurst Avenue & Kennard Street. Deputy Public Works Director Thompson presented the staff report and answered questions of the council. Councilmember Juenemann moved to approve the Installation of Stop Signs at Sandhurst Avenue & Kennard Street. Seconded by Councilmember Koppen Ayes — All The motion passed. H. PUBLIC HEARING 1. 2012 Mill and Overlay Improvements, Project 11 -15 a. Public Hearing b. Resolution Ordering Improvement after Public Hearing (4 votes) Deputy Public Works Director Thompson presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. The following people spoke: 1. John Wykoff, Maplewood 2. William Robbins, Maplewood 3. Mark Stapleton, Maplewood 4. Naimul Karim, Maplewood 5. Kathleen Delaney, White Bear Lake 6. Ted Leonard, Maplewood 7. Dan Lieder, Maplewood 8. Jane Harrigan, Maplewood 9. Jan Aurelius, Maplewood 10. Paul Kaufenberg, Maplewood 11. Kathy and Clint Forberg, Maplewood 12. Xia Lor Vang, Maplewood — Did not speak. 13. Xang Vang, Maplewood — Did not speak. 14. Deborah Samac, Maplewood 15. Diana Longrie, Maplewood Councilmember Llanas moved to approve the Resolution Ordering 2012 Mill and Overlay Improvements, Proiect 11 -15 after Public Hearing. RESOLUTION 11 -11 -646 ORDERING IMPROVEMENT WHEREAS, a resolution of the city council adopted the 24th day of October 2011, fixed a date for a council hearing on the proposed street improvements for the 2012 Mill and Overlays, City Project 11 -15. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on November 14, 2011, 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: November 14, 2011 8 City Council Meeting Minutes 1. That it is necessary, cost- effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the 2012 Mill and Overlays, City Project 11 -15. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 14th day of November, 2011. 3. The city engineer or his designee is the engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement. 4. The finance director was authorized to make the financial transfers necessary to implement the financing plan for the project by the city council at the October 24, 2011 council meeting. A project budget of $3,194,800 was established. The approved financing plan is as follows: ESTIMATED PROJECT COST RECOVERY FUNDING SOURCE TOTAL AMOUNT % OF TOTAL PROJECT M.S.A. BONDS $1,266,400 40% SANITARY SEWER FUND $59,900 2% ENVIRONMENTAL UTILITY FUND $46,200 1% SPECIAL BENEFIT ASSESSMENT $1,146,000 36% W.A.C. FUND $26,300 1% 3M TAX INCREMENT FINANCING $650,000 20% TOTAL FUNDING $3,194,800 100% Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. Holloway and Stanich Highlands Area Improvements, Project 09 -13 a. Re- Assessment Hearing b. Resolution Adopting Assessment Roll Deputy Public Works Director Thompson presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. The following person spoke: 1. Diana Longrie Councilmember Nephew moved to approve the Re- Assessment Hearing and Resolution Adopting Assessment Roll for Holloway and Stanich Highlands Area Improvements, Proiect 09 -13. RESOLUTION 11 -11 -647 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on October 10, 2011, calling for a Public Hearing for purposes of Reassessment, the assessment roll for the Holloway Avenue and Stanich Highlands Area Improvements, City Project 09 -13, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the following property owners have filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: a) None to date. November 14, 2011 9 City Council Meeting Minutes NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. That the City Engineer and City Clerk are hereby instructed to review the objections received and report to the City Council at the regular meeting on November 28, 2011 as to their recommendations for adjustments. 2. The assessment roll for the Holloway Avenue and Stanich Highlands Area Improvements as amended, without those property owners' assessments that have filed objections, a copy of which is attached hereto and made a part hereof, is hereby adopted. 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. 3. Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2012 and shall bear interest at the rate of 5.4 percent per annum. To the first installment shall be added interest on the entire assessment from November 14, 2011 until December 31, 2011. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 4. The owner of any property so assessed may, at any time prior to certification of the reassessment to the county auditor, pay the whole of the reassessment on such property, with interest accrued to the date of payment, to the City of Maplewood, except that no interest shall be charged if the entire reassessment is paid within 30 days from the adoption of the reassessment. Owner may at any time thereafter, pay to the City of Maplewood the entire amount of the reassessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before December 15 or interest will be charged through December 31 of the succeeding year. 5. The city engineer and city clerk shall forthwith after December 14, 2011 but no later than December 15, 2011 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. Adopted by the council on this 14 day of November 2011. Seconded by Councilmember Koppen Ayes — All The motion passed. 3. Ordinance Amendment of Section 2 -41 - City Council Authority to Consider Variances from the Zoning Code (First Reading). City Planner Ekstrand presented the staff report. Planning Commissioner Jeremy Yarwood addressed the council and reported on the Planning Commission's findings. Mayor Rossbach opened the public hearing. No one spoke. Councilmember Koppen moved to approve the Ordinance Amendment of Section 2 -41 — City Council Authority to Consider Variances from the Zoning Code (First Reading). AN ORDINANCE AMENDMENT CONCERNING THE CITY COUNCIL'S AUTHORITY TO REVIEW VARIANCE REQUESTS FROM THE LITERAL PROVISIONS OF THE ZONING CODE November 14, 2011 10 City Council Meeting Minutes The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 2 -41 of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 2 -41. Authority to hear and decide zoning appeals and requests for variances. (a) Appeals and variances. The city council shall hear and decide all appeals from alleged erroneous decisions of any administrative or enforcement officer of the city in matters relating to the administration and enforcement of the zoning ordinances of the city. The council shall also hear requests for variances from the literal provisions of the zoning ordinance in chapter 44 subiect to the requirements outlined in state statute. I^411ap +hair stri^+ anfpr^amant WAI'Id be iR keeping With the spirit and intent pf chapter nn Variances c.,^" grants shall not allow peev f9 F a use which is not permitted under the zoning classification in which the property is located. The council may impose conditions in granting variances to ensure compliance and to protect adjacent properties. In matters relating to planning, the city council shall have the powers as set forth by state statute. ; ; Minn. ats. ss 46-2.2-5-9subd. 4. (b) Procedures. Appeals may be brought before the city council by any affected person. Appearance before the council may be in person or by agent or attorney. The council shall make their decision ° hearing within 60 days after receiving a complete application aR appeal is s, -hmitted in writing subiect to the review guidelines prescribed by state statute All notices of appeal must be filed with the director of community development within the time prescribed by applicable law, ordinance or regulation. The da^isien Of the ^it., GG- Of thP- GOURty PFE)VidiRg SUGh appeal is made viithip PC-) days afteF the d-R-US P-f thL-Q dear-,isln-m Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on Mayor Attest: City Clerk Seconded by Councilmember Nephew Ayes — All The motion passed. 4. Ordinance Amendment of Section 44 -13 - City Council Authority to Consider Variances from the Zoning Code (First Reading). City Planner Ekstrand presented the staff report. November 14, 2011 11 City Council Meeting Minutes Mayor Rossbach opened the public hearing. The following person spoke. 1. John Wykoff Councilmember Koppen moved to approve the Ordinance Amendment of Section 44 -13 — City Council Authority to Consider Variances from the Zoning Code (First Reading). AN ORDINANCE AMENDMENT CONCERNING THE REVIEW OF VARIANCES FROM THE ZONING CODE The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 44 -13 of the Maplewood Code of Ordinances is hereby amended as follows: Sec. 44-13. Variances. The city may grant variances to the requirements of this chapter. All variances must follow the requirements provided in Minnesota State Statutes PARR. Qtats�h. 46_= The city may approve administrative variances according to article VI of this chapter. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on Mayor Attest: City Clerk Seconded by Councilmember Nephew Ayes — All The motion passed. 5. Ordinance Amendment of Section 44 -14 - Allowing Reduction in Lot Sizes and Building Setbacks When Streets are Widened (First Reading) City Planner Ekstrand presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. The following person spoke: 1. Chris Simons Councilmember Koppen moved to approve the Ordinance Amendment of Section 44 -14 — Allowing Reduction in Lot Sizes and Building Setbacks When Street are Widened (First Reading). AN ORDINANCE AMENDMENT CONCERNING THE REDUCTION IN LOT SIZE DUE TO STREET WIDENING The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined and deletions are crossed out.) Section 1. Section 44 -14 of the Maplewood Code of Ordinances is hereby amended as follows: November 14, 2011 12 City Council Meeting Minutes Sec. 44 -14. Reductions in lot sizes and site development requirements due to thF oug h street widening by GORdeMRO g tl;GFities arliwc4moAFc Fro k9t ciao roiv iramen46 ref nharitor Whenever the width of a street right -of -way is increased, which causes an abutting lot to be made smaller than the regulations would allow, such lot shall not be considered to be in violation of those governing regulations. Nor shall such a lot be considered to be in violation of other site - related, dimensional or developmental requirements such as building setbacks, parking lot setbacks, number of required parking spaces, freestanding sign setback or similar requirements as determined by the director of community development. Appeals of the director's decision shall be reviewed by the city council. These allowances shall apply as long as the subject property complied with lot size and development- related design requirements prior to the street widening. The minimum setbacks for unimproved lots abutting a street which is widened, shall be calculated to be the setback distance required by ordinance minus the reduction in lot depth caused by the street widening. The Maplewood City Council approved this ordinance revision on Mayor Attest: City Clerk Seconded by Councilmember Nephew Ayes — All The motion passed. 6. Ordinance Amendment of Article VI - Allowing Staff to Consider Minor Variances for Single and Double Dwellings (First Reading) City Planner Ekstrand presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. No one spoke. November 14, 2011 13 City Council Meeting Minutes Councilmember Koppen moved to approve Ordinance Amendment of Article VI Allowing Staff to Consider Minor Variances for Single and Double Dwellings (First Reading). AN ORDINANCE AMENDMENT CONCERNING THE STATUTORY FINDINGS TO APPROVE ADMINISTRATIVE VARIANCES The Maplewood City Council approves the following revision to the Maplewood Code of Ordinances. (Additions are underlined.) Section 1. Article VI, Administrative Variances in R -1 and R -2 Residence Districts is hereby amended by adding Section 44 -1135 as follows: Sec. 44 -1135. Criteria to Approve Variances Administratively. The approval of variances shall be based on the findings required by Minnesota State Statutes. Section 2. This ordinance shall take effect after the approval by the city council and publishing in the official newspaper. The Maplewood City Council approved this ordinance revision on Mayor Attest: City Clerk Seconded by Councilmember Nephew Ayes — All The motion passed. Councilmember Nephew moved to bring back agenda items H3, H4, H5, and H6 on the consent agenda for second reading at the next city council meeting. Seconded by Councilmember Koppen Ayes — All The motion passed. The council took a 10 minute recess. 1. UNFINISHED BUSINESS 1. Approval of Contract for Auditing Services Finance Manager Bauman presented the staff report. Councilmember Nephew moved to approve a five -year contract with Kern, Dewenter, Viere, Ltd. for auditing services be approved at a total all- inclusive maximum price of $166,800 the Contract for Auditing Services. Seconded by Councilmember Koppen Ayes — All The motion passed. November 14, 2011 14 City Council Meeting Minutes 2. Trash Collection System Analysis a. Review of Draft Contract Between the City of Maplewood and Allied Waste Services for Residential Trash Collection Service Environmental Planner Finwall presented the staff report and answered questions of the council. Mayor Rossbach moved to request staff to prepare and send out a mailer to the 10,126 potential clients that would be affected by the contract that would give them base pricing information, some other easily transferable information, and where they can easily find the other information. Seconded by Councilmember Juenemann Ayes — Councilmember Llanas and Nephew Nays - Councilmember Koppen The motion passed. b. Notice of 90 -Day Negotiation Period End Date on November 21, 2011 Environmental Planner Finwall reviewed the timeline requirements. The city council confirmed that the 90 -day negotiation period will end on November 21, 2011. c. Review of Tennis Sanitation, LLC, Proposal for Improvements to City's Existing Open Trash Collection System Environmental Planner Finwall presented the staff report and answered questions of the council. Councilmember Koppen moved to not vote on the trash collection system until all the information requested from Tennis has been received to come up with a compromised plan. Motion failed for lack of a second. J. NEW BUSINESS 1. Approval of Wetland Buffer Waiver for Joy Park Ditch Maintenance. Environmental Planner Finwall presented the staff report and answered questions of the council. Councilmember Llanas moved to approve the Wetland Buffer Waiver for Joy Park Ditch Maintenance Seconded by Councilmember Nephew Ayes — All The motion passed. 2. Approval of Resolution Canvassing the Results of the November 8, 2011 Municipal General Election City Clerk Guilfoile presented the staff report. Mayor Rossbach moved to approve the Resolution Canvassing the Results of the November 8, 2011 Municipal General Election. November 14, 2011 City Council Meeting Minutes 15 RESOLUTION 11 -11 -648 CANVASS OF ELECTION RESOLVED, that the City Council of Maplewood, Ramsey County, Minnesota, acting as a canvassing board on November 14, 2011, hereby declares the following results in the November 8, 2011, Municipal General Election. COUNCIL MEMBER: Robert Cardinal 3,352 Marvin Koppen 2,935 Rebecca Cave 2,707 John Nephew 2,170 Robert Cardinal and Marvin Koppen, receiving the top two highest number of votes for the General Election and after being sworn in by an individual that is eligible to administer the oath of office, will commence their term of office on January 2, 2012. Seconded by Councilmember Llanas Ayes — All The motion passed. 3. Approval to Expend Funds to Refurbish a Fire Vehicle Fire Chief Lukin presented the staff report and answered questions of the council. Councilmember Nephew moved to approve to Expend Funds to Refurbish a Fire Vehicle. Seconded by Councilmember Koppen Ayes — All The motion passed. K. VISITOR PRESENTATIONS L. AWARD OF BIDS ►IHeMW M. ADMINISTRATIVE PRESENTATIONS N. COUNCIL PRESENTATIONS O. ADJOURNMENT Councilmember Nephew moved to adjourn the meeting. Mayor Rossbach adjourned the meeting at 10:56 p.m. November 14, 2011 16 City Council Meeting Minutes BY City of Maplewood Official Public Hearing Sign-Up Sheet Itting your name and address on this sheet, you are requesting to address the Maplewood City Council on the fallowing topic far up toji've minutes. i a v. First & Name - please print WT 3. q0T W. 6. 7. yr 8. 9. 10, 12. -YM 13. 14. 15, `2- S f - ,,, (,;'� , 7 5z -2 n v E. Lon– Av-e. rl Ce <273 4 1- f3os%ey k&:!J-�I &-,& L-7 City of Maplewood Official Public Hearing Sign-Up Sheet By p tting your name and address on this sheet, you are requesting to address the Maplewood City Council on the following topic for up to five minutes. First & 2. 3. 4. 5. 6. N 8. 9. 10.- 11. - 12. 13. 14. 15. For The Perman I ent Record Meeting Date Filed in Second Judl District Court : 511612 :42.23 Ranmey 011 County Civil , MN Agenda Item STATE OF MINNESOTA 444C4 JWA�60 DISTRICT COURT 99P, Qpd *T ev- /:R COUNTY OFRAMSEY Paul W. Berglund, Individually and as Personal Representative and successor in interest to Betty A Berglund, Estate of Betty M. Berglund, Margaret Ellen Haggerty, and Kathleen Susan Haley, Plaintiffs, V. City of Maplewood, Defendant. This matter came before the Honorable Dale B. Lindman on May If, 201 L Diana Longrie, Esq., appeared on behalf of the Plaintiffs Margaret Haggerty and Kathleen Haley. Alan Kantrud, Esq., appeared on behalf of the Defendant. Based on the arguments of counsel and all of the files, records and proceedings herein, and for the reasons set forth in the record, the Court makes the following, ORDER: 1) The Court hereby sets aside the assessment levied by the City of Maplewood against the real property of Plaintiffs Haggerty and Haley, which property is the subject of this proceeding. 2) The City of Maplewood is ordered to conduct a reassessment of the property in SECOND JUDICIAL DISTRICT File No, 62-CV-09-12325 question utilizing a method consistent with that set forth in this Court's previous Filed In Second Judicial District Court 5116120119:42:23 AM Ramsey County Civil, MN Order dated September 27, 2010 regarding the property of Paul Berglund. A copy of that Order is attached hereto as Exhibit A and made a part hereof by reference. THERE MING NO JUST REASON FOR DELAY, LET JUDGMENT BE RENDERED ACCORDINGLY DATED: BY '-'COURT Date B, Lin ma Judge of District Court Filed in Second Judicial District Court 5196/2011 9:4223 AM Ramsey County Civil, MN I STATE OF MINNESOTA COUNTY OF RAMSEY SECOND JUDIfkQ nkTR1 CT V'0MX9W Paul W. Berglund, in his individual capacity and As personal representative and successor in interest to Betty M. Berglund, Estate of Betty M. Berglund; Margaret Ellen Haggerty and Kathleen Susan Haley, SEP 2 7 2010 1V6 Petitioners, VS City of Maplewood, a Minnesota Municipal Corporation, DISTRICT COURT Court File 62-CV-09-12325 Respondent, FINDINGS OF FACT, CONCLUSIONS OF LAW AND ORDER FOR JUDGMENT The above-entitled matter was reached for a court trial commencing on July 30, 2010. Plaintiff Berglund was represented by Diana Longrie, Esquire. The Defendant was represented by H. Alan Kantrud, Esq. PRELIMINARY STATEMENT OF CASE Paul W. Berglund is the owner and occupant of property located at 1929 Kingston Avenue in the City of Maplewood, State of Minnesota. In June of 2010 the City of Maplewood undertook a reconstruction project for the road in front of the Mr. Berglund's home. The project in question was completed at a cost of $3,870,000.00. Homeowners abutting the project were assessed a total of $718,633.30, which approximates 20% of the total cost of the project. 20% is the minimum amount required to be paid by property owners to qualify for city and county funding WA Filed in Second Judicial District Court 6116120119:42:23 AM Ramsoy. County Civil, MN The balance of the project was paid for from general funds of the City of , Maplewood and the County of Ramsey,' Mr. Berglund's property was assessed $6,990 for this project. A preliminary assessment role is set forth in trial Exhibit 7 and the resolution of the City of Maplewood adopting the assessment role is dated September 28, 2009 and set forth as trial Exhibit 6. By this action, Mr. Berglund challenges the assessment levied against his property and claims the same to be unconstitutional. ' APPLICABLE LAW When the City entered its assessment role into evidence it established a prima facie case with respect to the validity of the assessment. It then became the burden' 6J the property owner to overcome the presumption of validity by a showing that the assessment exceeds the special benefit realized by the property, This is accomplished when the property owner is able to present competent and credible evidence that the amount of the assessment exceeds the increase in market value of the property as a result of the improvement. Bisbee v. City of Fairmont, 593. N.W.2d 714 (Minn. Ct, App. 1999). The property owner does not have to prove that the assessment exceeds the increase in market value by a substantial amount. All that is required is a showing that ' The 20% assessed to property owners was not determined by a market value analysis of the benefit to the property owner, but instead resulted from the City's determinatiot of the minimum amount required to be Maid by property owners to allow the City and County to receive funding for the balance of the project. Also appearing as plaintiffs in the caption of this case were Mr. Berglund's neighbors. Margaret Ellen Hagerty and Kathleen Susan Haley, However, the claims ofHagerty and Haley were dismissed with .' prejudice at trial when it became clear that they had no evidence to offer regarding the before and after market value of their properties, and were simply relying on the evidence presented by Mr. Berglund. The Court, as will appear in the findings set forth below, believes it is incumbent that a property owner challenging an assessment present evidence of the value of the assessed property before and after the construction project has been completed. to determine the benefit accorded to the property as a result of the improvement. Reliance on the valuation of a neighbor's property is insufficient to sustain the property owner's burden to present before and after valuation evidence of the market value of their separate properties. 2 Filed in Second Judicial District Court 611612011 9:4223 AM Ramsey County Civil, IVIN the assessment exceeds the increase in market value by some amount. Carlson-Lang I Realty Co. v. Windom, 240 N.W.2d 517 (Minn. 1976). Because the basis for a special assessment is the increased market value realized as a result of the improvement, any method of assessment that approximates a market value analysis is valid. Conversely, an assessment is void on its face if it fails to approximate a market value analysis, and adoption by the City council does not make it valid. Continental Sales and Equipment Co. v. Stuntz, 257 N.W.2d 546 (Minn. 1977), In order for a special assessment to be constitutional, the assessment may not exceed the special benefit, which is measured,,by the increase in the market value of the land owing to the improvement. Tri-State Land Co. v, City ofShoreview, 290 N.W.2d 775 (Minn. 1980). A "special benefit" as referenced in M.S. §429-051 is measured by the increase in market value of the affected property as a result of the improvement. Carlson-Lange Realty Co, v. City of Windom, 240 N.W.2d 517, 521 (1976). Thus, it is important that a person challenging a special assessment produce evidence of the market value of the property before and after construction of the improvement. The increase in market value due to a public improvement, for purposes of the statute allowing for apportionment of cost of public improvements based upon the benefits received, is the difference between what a willing buyer would pay a willing seller for the property before the public improvement and after the improvement. Eagle Creek Townhomes, LLP v. City of Shakopee, 614 N.W.2d 246 (Minn. App, Ct, 2000). The permissible scope of review of a special assessment as provided by M.S. §429,081 is clarified in Buettner v. A Cloud, 277 N.W.2d 199 (Minn. 1979). The purpose of the court's factual determination is not to take the place of the elected 3 Filed in Second Judicial Dlotriot Court 5/10/20119:4223 AM Ramsey County Civil. MN officials by ordering what the assessment should be. Radler pursuant to that statute, the trial court either affirms the assessment, or sots it aside and orders a reassessment as provided in M.S. §429,07 1. Id. FINDINGS OF FACT In this case, the assessment charged to the abutting property property owners was a result of the resolution adopted by the City council on September 28, 2009, That resolution set forth the following formula for determining the amount of the assessment-. (a) Properties deemed as single family dwelling use will be assessed at $6,000 per unit for Full Street Reconstruction (new concrete curb and gutter). (b) Properties deemed as single family dwelling use will be assessed at $4,500 per unit for Partial Street Reconstruction (existing concrete curb and gutter). (c) Properties deemed as single-family dwelling use will be assessed at $2,230 per unit for Street Mill and Overlay. (d) Properties deemed, as double-or-multiple-dwelling use will be assessed at $90.00 per front foot for Partial Street Reconstruction (existing concrete curb and gutter). Assessment rates for each of the townhome units within the Holloway Ponds Association will be based on the front-footage of the Association's common property divided by the number of townhome units within the development that have driveway access to Holloway Avenue. (e) Properties deemed as double-or-multiple-dwelling use will be assessed at $44.60 per front foot for Street Mill and Overlay. Assessment rates for each of the town home units with the Holloway Ponds Association will be based on the front-footage of the Association's common property divided by the number of town home units within the development that have driveway access to Holloway Avenue. (f) Properties deemed as singlo-family dwelling use that have not been previously assessed for storm sewer will be assessed at $990.00 for Storm Sewer. (g) Properties deemed as double-or-multiple-dwelling use that have not been previously assessed for storm sewer will be assessed at $19.80 per front foot for Storm Sewer. Assessment rates for each of the townhome units with the Holloway Ponds Association will be based on the front-footage of the Filed in Second Judicial District Court 511161201119:42:23 AM Ramsey County Civil, MN Association's common property divide ' d by the number of townhorne units within the development that have driveway access to Holloway Avenue. As is apparent by an examination of this formula, the market value of the properties abutting the improvement played little or no role in the determination of the assessment to each property. Instead, the assessment is based upon a formula that considered only costs, financing requirements, front footage, double or multiple dwelling use of the property, and other considerations not related to the market value. Defendant argues that the salient market value consideration has only to do with the alleged increased value of the land without consideration of the structural improvements on the land. The court does not agree. The case law is replete with support for plaintiffs position that the method for calculating special assessments must approximate a market value analysis. Instead, the city attempts to apply the market value requirement W,. the land only. Further, the failure of the City to assess on the basis of market value is evident by the fact that the basic role of the assessment as imposed by the City was to meet the 20% threshold required to obtain financing for the balance of the cost of the project. Contrary to the City's approach, Berglund has presented "before' and "after" evidence of the effect of the improvement on the market value of his property. A "before" appraisal of Berglund's property was conducted by Berglund's appraiser, Brian P. Krech, on April 5, 2010. Mr. Krech also performed an "after" appraisal on June 30, 2010 as the construction project was being completed. Mr. Krech utilized comparables, a well accepted toot, in reaching his opinions for each appraisal. The result of these appraisals was an opinion that the market value of the property was $120,000 both before and after the improvements. At trial Krech reaffirmed his market valuations and te.94fied that in his opinion the assessed improvements provided no appreciable market value 5 Filed in Second Judicial District Courl 6116126119:42:23 AM Ramsey Counly Civil. MN benefit to Berglund's property. The court finds Mr. Krech's testimony to be credible and hereby adopts the same as its finding. In further support of its finding, the court notes that the alleged improvements were, for the most part, not new to Berglund's property. The city cites as assessed improvements a paved roadway, concrete curbs and gutters, and sewer and water utilities. However, Berglund argues that these improvements added nothing to the market Val' of Uc his property. He already had sewer and water utilities, a paved roadway between 26, and 32 feet in width, and adequate storm water drainage, The only new improyernent was a concrete curb which both Mr. Krech and Mr. Berglund testified added little or nothing to the property value. Finally, the court finds the testimony of the defendant's appraisal expert, Daniel Dwyer, unpersuasive, Dwyer's benefit analysis is cost based and founded on the premise that the benefit to the land alone and not the property as a whole is the proper benefit measure. Such an analysis has little relation to a true market value assessment o f th property. For these and the other reasons set forth above this Court finds that Dwyer's analysis does not provide a valid basis for determination of the assessment to Berglund's property. Based on the Court's findings and the applicable law, this Court m aies the following. CONCLUSIONS OF LAW Czj Filed In -Second Judicial District Court 5/16/2011 9:42:23 AM RarnseyCounty Civil, MN 1. That the City of Maplewood properly entered its assessment role into:., evidence and established a prima facie cue that the special assessment of i $6,990 levied against Berglund's property is valid. 2. That Plaintiff Berglund overcame the City's prima facie case by presenting competent before and after market value evidence, using comparablos, which demonstrated that the special assessment exceeded any increase in the market value and resulted in no special benefit to the Plaintiff's property. 3. That the special assessment should be set aside and the matter should be referred back to the City of Maplewood for reassessment, 4. That the Plaintiff is entitled to recover his costs and disbursements herein. ORDER FOR JUDGMENT I The Court hereby sets aside the assessment against Berglund's premise. 2. That Reassessment is hereby ordered as provided in Minn. Stat. §424.071, subd. 2. 3. Berglund is awarded his costs and disbursements herein, LET JUDGMENT BE ENTERED ACCORDINGLY DATED: September 27,2010 B . r. V U D, A140— Dale B. Lindm Judge of District Court 7 DIANA LONGRIE ATTORNEY AT LAW 1321 Frost Avenue E. 651-793-6248 Maplewood, MN 55109 FAX: 651-793-6864 Vid- Hand Delivery Mr. H. Alan Kantrud, Esq. City of Maplewood 1830 E. County Road B Maplewood, MN 55109 RE: Paul W. Berglund, et al. vs City of Maplewood Appeal of Assessment Ramsey County District Court File No. 62-CV-09-12325 July 7, 2011 Dear Mr. Kantrud: In preparing for the City's reassessment of the three properties affected by the Orders issued in the above referenced matter, I have two thoughts. First, the City's reassessment of the Berglund parcel is to be consistent with the findings of the court - in that the assessed improvements provided no appreciable market value benefit to Berglund's property (p. 5, 6) and resulted in no special benefit to the Plaintiffs property (p. 7) see Court order dated September 27, 2010. As allowed under case law, the Court has set the ceiling for the reassessment amount. My suggestion is that the ceiling, based on the court's finding and conclusions of law is that the reassessment be $0.00. Secondly, with regard to Haley and Haggerty, the court's order dated May 12, 2011, specifically stated reassessment shall be based on a method consistent with that set forth in the order dated September 27, 2010. 1 have enclosed before and after appraisals for the Haley and Haggerty parcels. I would suggest that we use these appraisals since they are completed and are consistent with the Court's determination that appraisals must include the structural improvements on the land. My clients believe the reassessment should be set at some number less than $250. If we are able to reach agreement on these matters, it will save the City the time and expense of going through the assessment process once again — including publication of public hearing, holding public hearing and possible successive appeals. Sincerely, Diana Longrie Cc. Plaintiffs, clients City of Maplewood Official public Hearing Sign -Ups Sheet By I utting your name and address on this sheet; you are requesting to. address the Maplewood City Council on the following topic for up to five minutes. First & Lalst Dame -please print Address 2. 3, 4. 5. 6. 7.. 8. 9. 10, 11. 12. 13. 14. 15. City of Maplewood Official Public Hearing Sign-Up Sheet By Atting your name and address on this sheet, you are requesting to address the Mapleivood City Council on the following topic for up to five minutes. :77 777777777 1 2, 3, 4. 5. 6, 7. 8. 9. 10 First & t Name - please print IL 12, 13, 14. 15. N City of Maplewood Official Public Hearing Sign-Up Sheet By I utting your name and address on this sheet, you are requesting to address tile Maplewood City Council on the following topic far up to five minutes. First & LaIst Name - please print , Address 1, 2. 3. 4. 5. 6. 7. 8. 9, 12. 13. 14. 15. L 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. By p First & La C11 Official Publ tting your name and addr ?!Maplewood City Council t Name - please print :y of Maplewood is Hearing Sign -Up Sheet ?ss on this sheet; you are requesting to address the )n the following topic for up to five minutes. Address City of Maplewood Official Visitor Sign -Up Sheet By putting. your name and address on this sheet, you are requesting to address the City Council Date: November 14. 2011 Name - First & Last Address ())ease print clearly) 3. J `hA "" '" is IA,A 1, F 4. 5. b. 7. 8. 9. 10. 11, 12. 13. 14. 15.