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
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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
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