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Home My WebLink About04-09-2012 City Council Meeting MinutesMINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, April 9, 2012 Council Chambers, City Hall Meeting No. 07 -12 A. B C Lo E. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:04 p.m. by Mayor Rossbach. PLEDGE OF ALLEGIANCE ROLL CALL Will Rossbach, Mayor Robert Cardinal, Councilmember Kathleen Juenemann, Councilmember Marvin Koppen, Councilmember James Llanas. Councilmember Present Present Present Present Present APPROVAL OF AGENDA The following items were added to the agenda: M1 City & Park Clean -Up M2 Organ Donations M3 Commission Interviews M4 Listening Forum Councilmember Juenemann moved to approve the agenda as amended. Seconded by Councilmember Koppen Ayes — All The motion passed. APPROVAL OF MINUTES 1. Approval of March 26, 2012 City Council Workshop Minutes Councilmember Juenemann moved to approve the March 26, 2012 City Council Workshop Minutes as submitted. Seconded by Councilmember Llanas Ayes — All The motion passed. 2. Approval of March 26, 2012 City Council Meeting Minutes Councilmember Llanas moved to approve the March 26, 2012 City Council Meeting Minutes as submitted. Seconded by Councilmember Juenemann Ayes — All The motion passed. April 9, 2012 City Council Meeting Minutes 1 F. APPOINTMENTS AND PRESENTATIONS Consider Adoption of Proclamation for Building Safety Month - May 2012 Assistant City Manager AN presented the staff report to the council. Mayor Rossbach read the proclamation into the records. Councilmember Juenemann moved to approve the Adoption of Proclamation for Building Safety Month, May 2012. PROCLAMATION BUILDING SAFETY MONTH - MAY 2012 Whereas, the City of Maplewood's continuing efforts to address the critical issues of safety, energy efficiency, water conservation and sustainability in the built environment that affect our citizens, both in everyday life and in times of natural disaster, give us confidence that our structures are safe and sound, and; Whereas, our confidence is achieved through the devotion of vigilant guardians — building safety and fire prevention officials, architects, engineers, builders, laborers, and others in the construction industry — who work year -round to ensure the safe construction of buildings and; Whereas, these guardians — dedicated members of the International Code Council - develop and implement the highest - quality codes to protect Maplewood residents in the buildings where we live, learn, work, worship, play, and; Whereas, Building Safety Month is sponsored by the International Code Council and International Code Council Foundation to remind the public about the critical role of Maplewood's guardians of public safety -our code official - who assure us of safe, efficient and livable building and Whereas, Building Safety Month is sponsored by the International Code Council and International Code Council Foundation, to remind the public about the critical role of our communities' largely unknown guardians of public safety — our local code officials —who assure us of safe, efficient and livable buildings, and; Whereas, "Building Safety Month: An International Celebration of Safe and Sensible Structures" the theme for Building Safety Month 2012, encourages awareness of the importance of building safety, including residential fire sprinklers that enhance not only fire safety, but also green and sustainable buildings, utilizing the latest in construction technology. Building Safety Month 2012, encourages appropriate steps everyone can take to ensure that the buildings we occupy every day are safe and sustainable, and recognizes that countless lives have been saved due to the implementation of safety codes by local and state agencies, and; Whereas, each year, in observance of Building Safety Month, Maplewood residents are asked to consider projects to improve building safety and sustainability at home and in the community, and to acknowledge the services provided to all of us by building and fire officials in protecting lives and property. Now, therefore, it is hereby proclaimed that the month of May 2012 is Building Safety Month in the City of Maplewood. Accordingly, our citizens are encouraged to join their community in participating in Building Safety Month activities and assisting efforts to improve building safety. Adopted this 9th Day of April 2012 April 9, 2012 City Council Meeting Minutes Will Rossbach, Mayor Karen Guilfoile, City Clerk Seconded by Councilmember Koppen Ayes — All The motion passed. G. CONSENT AGENDA Councilmember Juenemann asked that agenda items G4, G5 and G11 be highlighted for further information. Councilmember Cardinal requested that agenda items G2 and G3 be pulled from the agenda for separate votes. Councilmember Llanas moved to approved agenda items G1, G4 -G11. Seconded by Councilmember Koppen Ayes — All The motion passed. 1. Approval of Claims Councilmember Llanas moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 266,162.46 Checks # 86703 thru # 86744 dated 3/16/12 thru 3/27/12 $ 402,640.30 Disbursements via debits to checking account dated 3/19/12 thru 3/23/12 $ 333,687.49 Checks # 86745 thru # 86803 dated 3/23/12 thru 4/3/12 $ 216,448.31 Disbursements via debits to checking account dated 3/23/12 thru 3/30/12 $ 1,218,938.56 Total Accounts Payable PAYROLL: $ 504,670.14 Payroll Checks and Direct Deposits dated 3/30/12 $ 1,748.16 Payroll Deduction check # 9986751 thru # 9986753 dated 3/30/12 $ 506,418.30 Total Payroll $ 1,725,356.86 GRANDTOTAL April 9, 2012 3 City Council Meeting Minutes Seconded by Councilmember Koppen Ayes — All The motion passed. Consider Approval of Revision to Contract for Consulting Legal Services with Charles Bethel Assistant City Manager AN presented that staff report and answered questions of the council. Mayor Rossbach moved to approve the contract revision with Charles Bethel for the remainder of 2012 to March 31, 2013 as Human Resources Attorney and authorize the Mayor and City Manager to execute said contract; and authorizes the Finance Manager to make the appropriate budget revisions. Seconded by Councilmember Koppen Ayes — All The motion passed. Consider Contract Amendment for Salary Adjustment with City Manager James Antonen Assistant City Manager AN presented the staff report and answered questions of the council. Mayor Rossbach moved to approve the addendum to Mr. Antonen's contract to provide a one percent cost of living adjustment to Mr. Antonen's contract retroactive to January 1, 2012. Seconded by Councilmember Koppen Ayes — Mayor Rossbach, Council Members Koppen, Llanas and Juenemann Nays — Councilmember Cardinal The motion passed. 4. Approval to Accept Donation to Police Department Chief of Police Thomalla presented the staff report. Councilmember Llanas moved to approve to accept this $100 donation and the necessary budget adjustments be made so the funds can be expended by the Police Department as needed. Seconded by Councilmember Koppen Ayes — All The motion passed. 5. Acceptance of Environmental and Natural Resources Commission Annual Report Councilmember Juenemann presented the report. Councilmember Llanas moved to approve the Environmental Natural Resources Commission 2011 Annual Report. Seconded by Councilmember Koppen Ayes — All The motion passed. April 9, 2012 City Council Meeting Minutes Submission of Heritage Preservation Commission 2012 Goals Councilmember Llanas moved to approve the Heritage Preservation Commission 2012 Goals. Seconded by Councilmember Koppen Ayes — All The motion passed. Approval of Cat 140G Trade -In and Purchase of 304DCR Excavator on State Contract Councilmember Llanas moved to approve the proposed trade -in of the 1989 Caterpillar 140G and purchasing the 304DCR Excavator, and further authorize the finance manager to make the appropriate budget arrangements for said transaction. Seconded by Councilmember Koppen Ayes — All The motion passed. Approval of Purchase of Zero Turn Mower Councilmember Llanas moved to approve the purchase of the Zero Turn Mower (Toro 6000 Series) with collection system from L.T.G. Power Equipment, Inc. The total cost including tax, delivery and training is $12,313.05. Seconded by Councilmember Koppen Ayes — All The motion passed. Approval of Resolution Accepting Assessment Roll and Ordering Assessment Hearing for May 9, 2012, Bartelmy -Meyer Area Street Improvements, Project 11 -14 Councilmember Llanas moved to approve the resolution for the Bartelmy -Meyer Area Street Improvements, Project 11 -14: Accepting Assessment Roll and Ordering Assessment Hearing. RESOLUTION 12 -4 -710 ACCEPTING ASSESSMENT ROLL AND ORDERING ASSESSMENT ROLL HEARING WHEREAS, the clerk and the city engineer have, at the direction of the council, prepared an assessment roll for the Bartelmy -Meyer Area Street Improvements, City Project 11 -14, and the said assessment roll is on file in the office of the city engineer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: 1. A hearing shall be held on the 14th day of May 2012, at the city hall at 7:00 p.m. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The city clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published in the official newspaper, at least two weeks prior to the hearing, and to mail notices to the owners of all property affected by said assessment. April 9, 2012 City Council Meeting Minutes The notice of hearing shall state the date, time and place of hearing, the general nature of the improvement, the area to be assessed, that the proposed assessment roll is on file with the clerk and city engineer and that written or oral objections will be considered. Seconded by Councilmember Koppen Ayes — All The motion passed. 10. Approval of Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, Gladstone Area Improvements, City Project 04 -21 Councilmember Llanas moved to approve the Resolution Directing Modification of Existing Construction Contract, Change Order No. 2, for the Gladstone Area Phase I Improvements, City Project 04 -21. RESOLUTION 12 -4 -711 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 04 -21, CHANGE ORDER NO. 2 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvements Project 04 -21, Gladstone Area Phase I Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 04 -21, Change Order No. 2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1. The mayor and city engineer are hereby authorized and directed to modify the existing contract by executing said Change Order No. 2 which is an increase of $22,517.49 The revised contract amount is $3,552,467.74. Adopted by the Maplewood City Council on this 9th day of April 2012. Seconded by Councilmember Koppen Ayes — All The motion passed. 11. Consider Approval of Arbor Day Proclamation City Manager Antonen presented the staff report. Councilmember Llanas moved to approve the Proclamation that May 12, 2012 is Arbor Day in Maplewood. Seconded by Councilmember Koppen Ayes — All The motion passed. H. PUBLIC HEARING 1. TH 36 / English Street Interchange Improvements, City Project 09 -08 a. Public Hearing 7:00 pm April 9, 2012 City Council Meeting Minutes b. Resolution Ordering Improvement after Public Hearing (4 votes) City Engineer /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. Jim Collova, Representing Camada Limited Partnership, Maplewood 2. Deb Forbes, Maplewood Resident 3. Blake Nelson, Maplewood Resident 4. Larry Cramer, Maplewood Resident 5. Steve Kuzj, Representing Professional Heating, Maplewood 6. Mark Bradley, Maplewood Resident 7. Bob Zick, North St. Paul Resident 8. Jay Stutsman, Maplewood Resident Mayor Rossbach closed the public hearing. Mayor Rossbach moved to approve the resolution ordering the improvement for the TH 36 / English Street Interchange Improvements, City Project 09 -08. (Four affirmative votes are required to approve this resolution). RESOLUTION 12 -4 -712 ORDERING IMPROVEMENT WHEREAS, a resolution of the city council adopted the 26rd day of March 2012, fixed a date for a council hearing on the proposed improvements for the TH 36 / English Street Interchange Improvements, City Project 09 -08. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on April 9, 2012, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1. That it is necessary, cost - effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the TH 36 / English Street Interchange Improvements, City Project 09 -08. 2. Such improvement is hereby ordered as proposed in the council resolution adopted the 9th day of April, 2012. 3. The City's consultant engineering team of Kimley -Horn and Associates, Inc. and SEH, Inc., is the designated engineer for this improvement and is hereby directed to prepare final plans and specifications for the making of said improvement as previously directed by the city council al the March 26, 2012 council meeting. 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 March 26, 2012 council meeting. A project budget of $22,997,000 was established. The approved financing plan is as follows: April 9, 2012 City Council Meeting Minutes Funding Source Amount Federal STP Funds • Interchange $ 7,280,000 • Water Quality $ 248,000 Subtotal $ 7,528,000 MnDOT Funds • SRC $ 5,475,000 • Cooperative Agreement $ 500,040 Subtotal $ 5,975,040 Ramsey County Funds $ 975,000 RWMWD Funds $ 850,000 City Funds • St. Paul WAC $ 150,000 • Sanitary Sewer Utility $ 150,000 • City Abatement Funds $ 1,500,000 • MSA Bond $ 1,663,170 Subtotal $ 3,463,170 SPRWS Funds $ 500,000 Assessments $ 1,005,790 Other Sources /MnDOT (to be determined) $ 2 Total Funding $ 22,997,000 Approved this 9` day of April 2012 Seconded by Councilmember Koppen Ayes — All The motion passed. Mayor Rossbach called for a 10 minute recess. 2012 Mill and Overlays, City Project 11 -15 a. Assessment Hearing, 7:00 p.m. b. Resolution Adopting Assessment Roll c. Resolution Receiving Bids and Awarding Construction Contract Assistant City Engineer Steve Love presented the staff report and answered questions of the council. Mayor Rossbach opened the public hearing. The following people spoke: John Gregerson, Maplewood Resident William Robbins, Maplewood Resident John Hoeschler — Attorney representing 1870 Brian Doby — Representing Kathleen Delaney Tasha Cardinal, Maplewood Resident John Wykoff, Maplewood Resident Mark Bradley, Maplewood Resident Bob Zick, North St. Paul Resident Richard Conrad, Maplewood Resident Rice, 1908 Rice and 1958 Rice Maplewood Resident April 9, 2012 City Council Meeting Minutes Mayor Rossbach closed the public hearing. Mayor Rossbach moved to approve the Resolution for Adopting Assessment Roll for the 2012 Mill and Overlays, City Project 11 -15. RESOLUTION 12 -4 -713 ADOPTING ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on February 27, 2012, calling for a Public Hearing (Assessment Hearing), the assessment roll for the 2012 Mill and Overlays, City Project 11 -15, was presented in a Public Hearing format on April 9, 2012, 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. Parcel 17- 29 -22 -32 -0001 — Rosoto LLP: 1901 DeSoto Street It is currently proposed that the property be assessed for 293.23 feet of frontage. The owner is objecting to the assessment on the basis that the property will not receive benefit from the project. b. Parcel 17- 29 -22 -23 -0057 — DeSoto Associates LP; 375 Roselawn Avenue It is currently proposed that the property be assessed for 1 unit. The owner is objecting to the assessment on the basis that the property will not receive benefit from the project. c. Parcel 18- 29 -22 -32 -0025 — 337 Group Company, LLC; 1870 Rice Street It is currently proposed that the property be assessed for 507.39 feet of frontage. The owner is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. d. Parcel 18- 29 -22 -32 -0028 — P &B Investments, LLC; 1908 Rice Street It is currently proposed that the property be assessed for 138.47 feet of frontage. The owner is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. e. Parcel 18- 29 -22 -32 -0018 — Alice M. Zittel; 1958 Rice Street It is currently proposed that the property be assessed for 700.28 feet of frontage. The owner is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. f. Parcel 17- 29 -22 -32 -0004 — Church of St. Jerome; 380 Roselawn Avenue East It is currently proposed that the property be assessed for 812.45 feet of frontage. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship. g. Parcel 02- 29 -22 -22 -0010 — Percy Pooniwala; 3030 Southlawn Drive North It is currently proposed that the property be assessed for 127.38 feet of frontage. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship and is requesting an abatement of assessment. NOW, THEREFORE, BE IT RESOLVED BYTHE CITYCOUNCIL OF MAPLEWOOD, MINNESOTA: Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and 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. April 9, 2012 City Council Meeting Minutes 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 April 23, 2012, as to their recommendations for adjustments. The assessment roll for the 2012 Mill and Overlays 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. Such assessments shall be payable in equal annual installments extending over a period of 8 years, the first installments to be payable on or before the first Monday in January 2013 and shall bear interest at the rate of 3.65 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2012. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 15, 2012, pay the whole of the assessment on such property, with interest accrued to the date of the payment, to the city clerk, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and they may, at any time after November 15, 2012, pay to the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. The city engineer and city clerk shall forthwith after November 15, 2012, but no later than November 16, 2012, 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 9` day of April 2012. Seconded by Councilmember Juenemann Ayes — Mayor Rossbach, Council Members Koppen, Llanas, Juenemann Nays — Councilmember Cardinal The motion passed. Councilmember Juenemann moved to approve the Resolution Receiving Bids and Awarding Construction Contract for the 2012 Mill and Overlays, City Project 11 -15, to Hardrives, Inc RESOLUTION 12 -4 -714 RECEIVING BIDS AND AWARDING CONSTRUCTION CONTRACT NOW, THEREFORE, BE IT RESOLVED BYTHE CITYCOUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of Hardrives, Inc. in the amount of $2,234,772.18, for the Base Bid and Bid Alternates 1 and 2, is the lowest responsible bid for the construction of the 2012 Mill and Overlays — City Project 11 -15, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. April 9, 2012 10 City Council Meeting Minutes The finance director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project as previously approved by council and detailed below. 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% Adopted by the council on this 9` day of April, 2012. Seconded by Councilmember Koppen Ayes — Mayor Rossbach, Council Members Koppen, Llanas, Juenemann Nays — Councilmember Cardinal The motion passed. UNFINISHED BUSINESS Consider Suspension of Rookies Sports Bar Intoxicating Liquor License, 1820 North Rice Street City Clerk Guilfoile presented the staff report and answered questions of the council. Kari Hooten and Pat Conroy, owners of Rookies Sports Bar & Grill were present and addressed the council. Mayor Rossbach moved to table the item and directed City Attorney Kantrud to contact the attorney for Rookies Sports Bar and Grill to set -up a judicial review and come back to the council upon completion of the review or if there is a violation of their action plan or any further violations. Seconded by Councilmember Juenemann Ayes — All The motion passed. J. NEW BUSINESS Approval of On -Sale Liquor License for Blue Bell Enterprises /Keller Golf Club City Clerk Guilfoile presented the staff report and answered questions of the council. Lee Renneke, Lancer Hospitality District Manager and Stephen Craver, Owner of Lancer Hospitality which owns Blue Bell Enterprises were present and addressed the council. Councilmember Llanas moved to approve the on -sale intoxicating liquor license for Blue Bell Enterprises to Operate at Keller Golf Club located at 2166 Maplewood Drive. Seconded by Councilmember Koppen Ayes — All The motion passed. April 9, 2012 City Council Meeting Minutes 11 K. AWARD OF BIDS None. L. ADMINISTRATIVE PRESENTATIONS Cancellation of May 28, 2012 City Council Meeting in Observance of Memorial Day City Manager Antonen presented the staff report. Councilmember Juenemann moved to approve the motion to cancel the May 28, 2012 Council — Manager Work Session and Regular Meeting due to the conflict with Memorial Day. Seconded by Councilmember Llanas Ayes — All The motion passed. M. COUNCIL PRESENTATIONS City -Wide Spring Clean -Up Councilmember Juenemann reminded residents that Saturday, April 21, 2012 is the City -Wide Spring Clean -Up event at Aldrich Arena. Also on Saturday, April 21' both North St. Paul and Maplewood will be cleaning up their parks. She also asked residents to please pick -up litter in front of their homes that has been blown in from the winter to assist in cleaning up the city. Organ Donations Councilmember Juenemann informed residents that April is National Organ Donation month. You can indicate on your driver's license and in your living will your desire to be an Organ Donor. Commission Interviews Councilmember Llanas informed residents that prior to the council meeting at the City Council Workshop, community members were interviewed for various commissions. He encouraged residents to visit the City's website to see the various commissions that have openings and encouraged citizens to serve on one of them. 4. Listening Forum Councilmember Llanas highlighted two items from the Listening Forum that is held at 6:30 p.m. before every regular scheduled council meeting and encouraged citizens to participate if they have items that they want the council to be aware of. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 10:42 p.m. April 9, 2012 12 City Council Meeting Minutes City of Maplewood Public Hearing Sign -Up Sheet By putting 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. Public Hearing: H1 - TH 36 / Enalish Street Interchange Improvements City Proiect 09-08 Date: April 9 2012 Time: 07 PM Name - First & Last (please print clearly) I' 1 61 {' L_ t.,..1 \//A t� 5 ' .9 ao 9. 10. 11. 12. 13. 14. 15. Address � f�7n1 •1 i >.�` 1 1 >) f �(.{ c- -2.i N. S. P For The Permanent Record z 4 1.M12- Meeting Date: Agenda Item #: 1771. �� Larry R. and Kathleen M. Cramer 1928 Warbler Lane St. Paul, MN 55119 April 9, 2012 Maplewood City Council Maplewood, MN Re: Concerns for Hwy 36 and English Street project property impact on my property value at 2385 English St. N, parcel #092922410019 Dear Council Members: Hello, I and my wife, Kathleen, own the property at 2385 English St. N. I am a retired engineer and have an investment property realtor's license. This property is /was our investment property for the purpose of providing net positive cash flow for our retirement. We had two long time tenants: a T- Mobile cell tower; and a Wheeler Lumber and Landscaping supply yard for more than 15 years. As an engineer myself, I can readily understand why this design was chosen to flow nearly through the middle of our property, as we appear to be just two people renting out space so it looks like the path of least resistance for the City. While we can agree that it is the path of least resistance and we do agree with, and understand the need for, the upgrade to this intersection, it is not a minor thing fqr the two of us —it is a catastrophic reduction in our income and property value. And while larger companies all around us might be able to absorb this kind of "financial hit" had the design been altered to go through their properties (as it could have), we cannot. As an investment property realtor for over 25 years, I can assure you that I am also quite aware of property valuations and can do most appraisal of value very accurately to confirm what licensed appraisers calculate. I have taken all the same appraisal courses they have to maintain my continuing education requirement for my license. I have spoken about these concerns with the City of Maplewood Project Engineer, Mr. Michael Thompson, on numerous occasions. He is well aware of the problems this has created for us. But, I wanted to present our issues personally to you as well, as you vote on this project tonight. 1. First, someone from the City of Maplewood did not even contact us, the land owners, prior to visiting our onsite renters, Wheeler Lumber and Landscaping, last fall and told them of this project and its impact on the space they were leasing from us for the past 15 years. We were at that time, in the process of renegotiating another 5 year lease extension with them. They had been paying us $4000 /month rent plus their share of the taxes for years. They did not want to move, as they, and we, invested substantial sums to prevent water table infiltration from their storage yard by installing a semi - permeable membrane nearly 15 years ago AS REQUIRED BY THE CITY AS A CONDITION OF APPROVAL FOR THE TENANT. This cost a total of nearly $150.000 back then and the cost was split. That land improvement is still there, though Wheeler Lumber and Landscaping chose not to renew their lease with us and vacated the property and tore down the above ground building and fencing improvements in November AS A DIRECT RESULT OF THIS PROJECT. This of course was devastating for us, as the $4000 /month of rental income disappeared and the rent from the cell tower alone is not sufficient to cover the mortgage payment. Frankly, this has put us in dire straits. Further, we have not been able to rent to any prospective tenant. as this project certainly looks like it will be approved, though it is not finalized yet. Thus we have been in limbo since November 2011 and have suffered grievously financially with the loss of $4000 /month rental income. We had the property appraised last summer when it was a "going concern" and the property was fairly valued. Now, the City is sending out an appraiser, whom I have met with, and he wants to appraise the property as it now sits, barren, with the major tenant gone AND NOT TAKE INTO ACCOUNT THAT THE PROPERTY VALUE, AS IS NOW, WAS DRIVEN DOWN AS A DIRECT RESULT OF THIS PROJECT AND THE DIRECT TENANT CONTACT BY THE CITY. This is hardly fair and certainly appears to be self serving for the City, and maybe even a conflict of interest or purposefully driving down the cost to take our property. We propose that our property should be fairly valued as it was before the proposed project. 2. Second, I have reviewed the project proposed design and what is left of the land between the cell tower and the road right of way appears to be insufficient to do any fair development. So we would propose that all of the land, up to the cell tower, be taken for the fair value in the condemnation proceedings. Or if it is agreed that the amount left is likely developable for fair value, then an access entry to this portion of the parcel will need to be added to the current project design. Lastly, our property value has been devastated and the City is going to condemn most of it and take it, leaving a very inconsequential land area with minimum value. Therefore a proposed special assessment for a supposed increase in value of our property as a result of this project is, frankly, ludicrous. Our property value is being decimated, yet the proposed special assessment is $31,200!!!! This would be laughable, except that supposedly sane people actually believe our property value is enhanced by this project. This is insane and we do not agree that my special assessment is warranted, given that our property value and income deriving potential is not only decimated by this project, but that over half of it is being taken! In summary, we would like to reiterate that we are not obstructionists and see the need for the intersection improvement. We simply ask that we be treated fairly and summarized as follows: 1. Property valuation (appraisal) should reflect the property value before our tenant and any potential future tenant "got wind" of this project —i.e. Back to summer 2011 value before the value was "disturbed" by this project proposal. 2. If the piece of property to be left to us is too small to do any meaningful development, then we propose that it be taken too. Or, if we are left with a big enough piece of land, separate from the cell tower, to adequately and fairly develop, that a street access be incorporated into the design. 3. That the special assessment proposed for the "increase in value" to our property as a result of this project be looked at more sanely, as we have had no improvement in value, but a decimation of value as a result of this project. Thank you very much for your thoughtful and considerate evaluation of our hardship as a result of this project's impact on our land and financial wherewithal. Sincerely, rry ramer (please pt Ql 2. . y6---� `a►�,. i dlt�4q,t Nrset; yob Are req��tm� address h qty q '"( 1,61holi`t�texf�lltlWfltghtoplc IQr'up tb` "five.mmutes: 12` -2012 Mill and OVerlays City Rroiect 11 -15 lime: 07:00 PM Last Address "I lol- rly) 1 f� 1�� P�6�� Iu� 1 � , J.jvt , V V pak� 2 �� •^ .1 d, 9 l D , M� y ex �� 10. , �Y��t � 11. Ij 12. 13. 14. 15 A6*- e X51 1