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HomeMy WebLinkAbout04-23-2012 City Council Meeting MinutesMINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday, April 23, 2012 Council Chambers, City Hall Meeting No. 08 -12 0 B IV Q E. CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:02 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. New Water Meter Installation M3. Open Mic — Listening Forum M4. Historic Preservation Commission The following items on the agenda were tabled: G11. Approval for Maplewood Community Center Expenditures for Repairs and Maintenance G12. Approval for Building Operations Expenditures for Repairs and Maintenance Councilmember Llanas moved to approve the agenda as amended. Seconded by Councilmember Juenemann Ayes — All The motion passed. APPROVAL OF MINUTES 1. Approval of April 9, 2012 City Council Workshop Minutes Councilmember Juenemann moved to approve the April 9, 2012 City Council Workshop Minutes as submitted. Seconded by Councilmember Llanas Ayes — All The motion passed. April 23, 2012 City Council Meeting Minutes 1 2. Approval of April 9, 2012 City Council Meeting Minutes Councilmember Cardinal moved to approve the April 9, 2012 City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen Ayes — All The motion passed. F. APPOINTMENTS AND PRESENTATIONS 1. Commission Appointments a. Heritage Preservation Commission b. Parks & Recreation Commission Assistant City Manager, Public Works Director Chuck AN gave a brief report on the appointments to the boards and commissions. Councilmember Cardinal moved to approve the Resolution to Appoint Candidates to the commissions indicated. RESOLUTION 12 -4 -715 BE IT RESOLVED THAT THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: Hereby appoints the following individuals, who have interviewed with the Maplewood City Council, to serve on the following commissions: Heritage Preservation Commission - Peter Boulay, term expires April 30, 2015 - Len Hughes, term expires April 30, 2015 Parks & Recreation Commission - Therese Sonnek, term expires April 30, 2015 Seconded by Councilmember Koppen Ayes — All The motion passed. G. CONSENT AGENDA Councilmember Juenemann requested highlighted agenda items G2, G3 and G7 and a question for G6. Councilmember Cardinal pulled agenda items G8, G9, G10, and G13 for further discussion. Mayor Rossbach moved to approve agenda items G1 — G7. Seconded by Councilmember Juenemann Ayes — All The motion passed. April 23, 2012 2 City Council Meeting Minutes 1. Approval of Claims Mayor Rossbach moved to approve the Approval of Claims. ACCOUNTS PAYABLE: $ 273,324.26 Checks # 86807 thru # 86862 dated 4/3/12 thru 4/10/12 $ 1,675,390.90 Disbursements via debits to checking account dated 4 /2 /12thru 4/6/12 $ 198,025.07 Checks # 86863 thru # 86905 dated 4/17/12 $ 238,545.61 Disbursements via debits to checking account dated 4/9/12 thru 4/13/12 $ 2,385,285.84 Total Accounts Payable PAYROLL $ 493,726.34 Payroll Checks and Direct Deposits dated 4/13/12 $ 2,180.89 Payroll Deduction check # 9986779 thru # 9986782 dated 4/13/12 $ 495,907.23 Total Payroll $ 2,881,193.07 GRAND TOTAL Seconded by Councilmember Juenemann Ayes — All The motion passed. 2. Acceptance of Community Design Review Board's 2011 Annual Report City Planner Martin presented that staff report and answered questions of the council. Mayor Rossbach moved to approve the Community Design Review Board's 2011 Annual Report. Seconded by Councilmember Juenemann Ayes — All The motion passed. 3. Approval to Accept Donations to Landfall Cops `N Kids Fishing Clinic Patrol Sergeant Dobler presented the staff report. Mayor Rossbach moved to approve the Resolution authorizing gift to the City for Landfall Cop's 'N Kids Fishing Clinic and that the necessary budget adjustments be made so the donations may be used for costs associated with the fishing clinic. April 23, 2012 3 City Council Meeting Minutes RESOLUTION 12 -4 -716 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 donors' terms if so- prescribed, and; WHEREAS, St. Paul Harley- Davidson and the City of Landfall Village wish to grant the City of Maplewood the following: $100 and $700 respectively, and; WHEREAS, St. Paul Harley- Davidson and the City of Landfall Village have instructed that the City of Maplewood will be required to use the aforementioned for: 2012 Cops & Kids Fishing Clinic in Landfall, 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 gifts by a super majority of its governing body's membership pursuant to Minnesota Statute §465.03; NOW, THEREFORE, BE IT RESOLVED, pursuant to Minnesota Statute §465.03, that the Maplewood City Council approves, receives and accepts the gifts aforementioned and under such terms and conditions as may be requested or required. The Maplewood City Council passed this resolution by a super majority vote of its membership on April 23, 2012. Signed: Signed: Witnessed: (Signature) (Signature) Mayor (Title) (Signature) Chief of Police (Title) (Date) (Date) Seconded by Councilmember Juenemann Ayes — All The motion passed. City Clerk (Title) (Date) 4. Conditional Use Permit Review — Cottagewood Town House Development, South of Highwood Avenue, east of Dennis Street, west of 1-494 Mayor Rossbach moved to approve to review the Conditional Use Permit for the Cottagewood PUD again in one year or sooner if the owner proposes a major change to the site. Seconded by Councilmember Juenemann Ayes — All The motion passed. April 23, 2012 City Council Meeting Minutes 5. Conditional Use Permit Review — Bruentrup Heritage Farm, 2170 County Road D Mayor Rossbach moved to approve the Conditional Use Permit for Bruentrup Heritage Farm and review again in one year or sooner if a major change is proposed for the site. Seconded by Councilmember Juenemann Ayes — All The motion passed. 6. Conditional Use Permit Review — Midwest Grounds Maintenance Company, 1949 Atlantic Street City Planner Martin presented the staff report and answered questions of the council. Mayor Rossbach moved to approve the Conditional Use Permit for Midwest Grounds Maintenance, 1949 Atlantic Street and review again in October 2013 to ensure completion of the required parking lot pavement. Seconded by Councilmember Juenemann Ayes — All The motion passed. 7. Approval for Police and Fire Departments to Accept Donation from Maplewood Moose Lodge Fire Chief Lukin presented the staff report. Mayor Rossbach moved to approve the Resolution accepting the Donation from the Maplewood Moose Lodge. RESOLUTION 12 -4 -717 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, the Maplewood Moose Lodge wishes to grant the City of Maplewood the following: 12 Tommy Moose stuffed toys, and; WHEREAS, the Maplewood Moose Lodge has instructed that the City will be required to use the aforementioned for: distribution to children in the City of Maplewood, 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 super majority of its governing body's membership pursuant to Minnesota Statute §465.03; 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. April 23, 2012 City Council Meeting Minutes The Maplewood City Council passed this resolution by a super majority vote of its membership on April 23, 2012. Signed: Signed: Witnessed: (Signature) Mayor (Title) (Date) (Signature) Chief of Police (Title) (Date) Seconded by Councilmember Juenemann Ayes — All The motion passed. (Signature) City Clerk (Title) (Date) Approval of Purchase for Geotechnical Testing Services for 2012 Mill and Overlays, City Project 11 -15 City Engineer /Deputy Public Works Director Thompson presented the staff report and answered questions of the council. Mayor Rossbach moved to approve the City Engineer enter into a contract with Braun Intertech Corporation for Testing and Quality Control- Services for the 2012 Mill and Overlays, City Project 11 -15. Seconded by Councilmember Juenemann The motion passed. Ayes — Mayor Rossbach, Council Members Juenemann, Koppen and Llanas Nays — Councilmember Cardinal TH 36 / English Street Interchange Improvements, City Project 09 -08 a. Resolution Removing the Construction of a Noise Wall b. Resolution of Support for Transportation Economic Development Funding Application Submittal City Engineer /Deputy Public Works Director Thompson presented the staff report. Councilmember Juenemann moved to approve the Resolution Removing the Construction of a Noise Wall on TH 36 / English Street Interchange Improvement, City Project 09 -08; and the Resolution of Support for submitting the Transportation Economic Development Grant Application for City Project 09 -08. RESOLUTION 12 -4 -718 RESOLUTION REMOVING THE CONSTRUCTION OF A NOISE WALL FROM THE TRUNK HIGHWAY 36 AND ENGLISH STREET INTERCHANGE PROJECT April 23, 2012 City Council Meeting Minutes WHEREAS, as part of the Trunk Highway (TH) 36 and English Street Interchange Project, the City has proposed installing a noise wall along the north side of TH 36 between the Bruce Vento Trail Bridge on the west and approximately Germain Street on the east; and WHEREAS, the City of Maplewood and Minnesota Department of Transportation (MnDOT) convened a Public Hearing in regards to the TH 36 /English Street Interchange Project Environmental Assessment/Environmental Assessment Worksheet on February 27, 2012. Comments were received at the public hearing and attendees were encourage to provide input to MnDOT, the Responsible Governmental Unit (RGU) for purposes of the federal and state environmental review. Comments received at the public hearing and during the comment period were provided to the City for review; and WHEREAS, the City of Maplewood mailed a survey to property owners that are located immediately adjacent to the proposed noise wall located along the north side of TH 36. The survey requested the property owner to state their preference as to whether or not they supported the construction of the noise wall as part of the interchange project; and WHEREAS, the majority of property owners located immediately adjacent to the proposed noise wall along the north side of TH 36 indicated a preference "NO" to the construction of a noise wall along the north right -of -way line of TH 36 from approximately the just east of the Bruce Vento Trail Bridge to Germain Street; and Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, that the City Council hereby requests that a noise wall not be constructed along the north right -of -way line of TH 36 from approximately the just east of the Bruce Vento Trail Bridge to Germain Street. RESOLUTION 12 -4 -719 RESOLUTION OF SUPPORT FOR TRANSPORTATION ECONOMIC DEVELOPMENT FUNDING APPLICATION SUBMITTAL TRUNK HIGHWAY 36 AND ENGLISH STREET INTERCHANGE PROJECT WHEREAS, the Transportation Economic Development solicitation process is targeted toward transportation improvements to promote safety, mobility, and economic development in communities; and WHEREAS, the proposed project improves safety and mobility and promotes economic development within the corridor; and WHEREAS, the proposed improvements reflect collaboration between the following partnering agencies, in which a memorandum of agreement was executed in 2010 in order to provide a more efficient use of resources: 1) City of Maplewood (Project Lead) 2) MnDOT 3) Ramsey County Public Works and Parks and Recreation Departments 4) Ramsey - Washington Metro Watershed District; and WHEREAS, a tight diamond interchange is proposed at Trunk Highway (TH) 36 and English Street in the City of Maplewood; and WHEREAS, the proposed improvements will greatly improve the overall transportation network and encourage economic growth and competitiveness both in Maplewood and the greater region; and April 23, 2012 City Council Meeting Minutes WHEREAS, the City has previously received letters of support for the TED Program for this project from: 1) Senator Chuck Wiger, Senate District 55 2) Matt Kramer, President of the Saint Paul Area Chamber of Commerce 3) Scott McBride, MnDOT Metro District Engineer Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, that the City Council adopts this resolution supporting the submittal of the Transportation Economic Development funding application for the TH 36/ English Street Interchange Improvement project in the City of Maplewood. Seconded by Councilmember Llanas Ayes — All The motion passed. 10. Authorization to Make Payment for Safari Yearly Support Contract IT Director Fowlds presented the staff report and answered questions of the council. Councilmember Juenemann moved to approve payment for Safari Yearly Support Contract. Seconded by Councilmember Koppen Ayes — All The motion passed. 11. Approval for Maplewood Community Center Expenditures for Repairs and Maintenance Councilmember Llanas moved to table the Maplewood Community Center Expenditures for Repairs and Maintenance. Seconded by Councilmember Juenemann Ayes — All The motion passed. 12. Approval for Building Operations Expenditures for Repairs and Maintenance Councilmember Llanas moved to table the Building Operations Expenditures for Repairs and Maintenance. Seconded by Councilmember Juenemann Ayes — All The motion passed. 13. Approval of Implementation to Replace and Upgrade the Trane Summit System at City Hall Building Maintenance Official Farr presented the staff report and answered questions of the council. Councilmember Llanas moved to approve the 2011 Carry -Over Funds Designated for the Replacement and Upgrade of the Trane Summit System at City Hall in the amount of $45,000. April 23, 2012 City Council Meeting Minutes Seconded by Councilmember Cardinal Ayes — All The motion passed. H. PUBLIC HEARING 1. First Reading - Park Dedication Fee Code Revision Parks Manager Taylor presented the staff report and answered questions of the council Mayor Rossbach opened the public meeting. No one spoke Mayor Rossbach closed the public meeting Councilmember Juenemann moved to approve the First Reading of the Park Dedication Fee Code Revision, Chapter 26, Section 26 -126 thru 130. Seconded by Councilmember Koppen Ayes — All The motion passed. UNFINISHED BUSINESS 1. 2012 Mill and Overlays, Project 11 -15, Resolution Adopting Revised Assessment Roll City Engineer /Deputy Public Works Director Thompson presented the staff report and answered questions of the council. The following people spoke: 1. Kathleen Delany, Maplewood Resident 2. Mark Bradley, Maplewood Resident 3. Dennis Lindboe, Denco Automotive Maplewood 4. Mark Fredricks speaking on behalf of Alice M. Zuttel, Maplewood Resident Councilmember Llanas moved to approve the Resolution for Adopting Revised Assessment Roll for the 2012 Mill and Overlays, City Project 11 -15. RESOLUTION 12 -4 -720 ADOPTING REVISED ASSESSMENT ROLL WHEREAS, pursuant to a resolution adopted by the City Council on April 9, 2012, the assessment roll for the 2012 Mill and Overlays, City Project 11 -15, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, seventeen (17) property owners filed objections to their assessments according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1. 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. 2. Parcel 17- 29 -22 -23 -0057 — DeSoto Associates LP: 375 Roselawn Avenue April 23, 2012 City Council Meeting Minutes 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. 3. 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. 4. 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. 5. Parcel 18- 29 -22 -23 -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. 6. 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. The owner is also requesting a cancellation or revision of assessment. 7. 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. 8. Parcel 24- 29 -22 -33 -0011 — John Wykoff; 2345 Maryland Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship and requests a cancellation of assessment 9. Parcel 17- 29 -22 -23 -0056 — Kathleen Delaney; 0 Roselawn Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. The owner is requesting a cancellation of assessment. The owner is also requesting a senior citizen, financial hardship, or undeveloped property deferral. A revision of assessment has also been requested. 10. Parcel 25- 29 -22 -32 -0015 — William B. Robbins; 2277 Stillwater Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is not objecting to his assessment but requests a discovery of the assessment procedure. 11. Parcel 13- 28 -22 -11 -0018 — John E. Gregerson; 2622 Linwood Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is objecting to his assessment on the basis that the project will not increase the property value. The owner is requesting a cancellation of assessment. 12. Parcel 13- 28 -22 -31 -0067— Peng Cha; 2492 Highwood Avenue East It is currently proposed that the property be assessed for 5 units. The owner is requesting a revision of assessment or an undeveloped property deferral. 13. Parcel 13- 28 -22 -22 -0073 — Xia Lor Vang; 2358 Linwood Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is requesting a cancellation of assessment or a disability /financial hardship deferral. 14. Parcel 12- 28 -22 -33 -0091 — Xia Lor Vang; 2359 Linwood Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is requesting a cancellation of assessment or a disability /financial hardship deferral. 15. Parcel 12- 28 -22 -33 -0077 — George Oxford; 2305 Linwood Avenue East It is currently proposed that the property be assessed for 3 units. The owner is requesting an undeveloped property deferral and a senior citizen /disability /financial hardship deferral. 16. Parcel 36- 29 -22 -13 -0019— Denco Automotive, Inc.; 2545 Conway Avenue East It is currently proposed that the property be assessed for 168.84 feet of frontage. The owner is objecting to the assessment on the basis that the assessment amount is greater than the April 23, 2012 10 City Council Meeting Minutes benefit received and requests a revision of assessment. The owner requests a financial hardship deferral. 17. Parcel 17- 29 -22 -42 -0001— Forest Lawn Memorial Park Association; 1800 Edgerton Street North It is currently proposed that the property be assessed for 1,470.15 feet of frontage. The owner is objecting to the assessment on the basis that the Forest Lawn Memorial Park Association is a 501(C)(13) exempt organization and therefore cannot be assessed pursuant to Minn. Stat. 306.14. The owner is requesting cancellation of assessment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for the 2012 Mill and Overlays, City Project 11 -15: 1. 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. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. The owner has submitted a letter formally withdrawing their objection. 2. 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. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. The owner has submitted a letter formally withdrawing their objection. 3. 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. Staff recommendation is to deny a revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 4. 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. Staff recommendation is to deny a revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 5. Parcel 18- 29 -22 -23 -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. Staff recommendation is to deny a revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 6. 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. The owner is also requesting a cancellation or revision of assessment. Staff recommendation is to deny the request for cancellation or revision of assessment as April 23, 2012 11 City Council Meeting Minutes this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. 7. 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. Staff recommendation is to deny the request for cancellation or revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. 8. Parcel 24- 29 -22 -33 -0011 — John Wykoff; 2345 Maryland Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is objecting to the assessment on the basis that the assessment will create a financial hardship and requests a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. 9. Parcel 17- 29 -22 -23 -0056 — Kathleen Delaney; 0 Roselawn Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is objecting to the assessment on the basis that the assessment amount is greater than benefit to the property. The owner is requesting a cancellation of assessment. The owner is also requesting a senior citizen, financial hardship, or undeveloped property deferral. A revision of assessment has also been requested. Staff recommendation is to deny the request for cancellation or revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship, senior citizen, and undeveloped property deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest for the financial hardship or senior citizen deferral. For the undeveloped property deferral; if the property remains undeveloped during the entire 8 year deferral time period the assessment will be cancelled. If at any point during the 8 year deferral period the lot is developed the assessment would become active. 10. Parcel 25- 29 -22 -32 -0015 — William B. Robbins; 2277 Stillwater Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is not objecting to his assessment but requests a discovery of the assessment procedure. No adjustments are recommended. Mr. Robbins needs to request this information through the City Attorney. 11. Parcel 13- 28 -22 -11 -0018 — John E. Gregerson; 2622 Linwood Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is objecting to his assessment on the basis that the project will not increase the property value. The owner is requesting a cancellation of assessment. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. 12. Parcel 13- 28 -22 -31 -0067— Peng Cha; 2492 Highwood Avenue East It is currently proposed that the property be assessed for 5 units, 4 of which are undeveloped. The owner is requesting a revision of assessment or an undeveloped April 23, 2012 12 City Council Meeting Minutes property deferral. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant an undeveloped property deferral (8 years), for the 4 undeveloped units, upon approval of necessary paperwork. If the property remains undeveloped during the entire 8 year deferral time period the assessment, against the 4 undeveloped units will be cancelled. If at any point during the 8 year deferral period the lot is developed the assessments would become active. No deferral is recommended for the remaining developed unit. 13. Parcel 13- 28 -22 -22 -0073 — Xia Lor Vang; 2358 Linwood Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is requesting a cancellation of assessment or a disability /financial hardship deferral. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship /disability deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. 14. Parcel 12- 28 -22 -33 -0091 — Xia Lor Vang; 2359 Linwood Avenue East It is currently proposed that the property be assessed for 1 unit. The owner is requesting a cancellation of assessment or a disability /financial hardship deferral. Staff recommendation is to deny the request for cancellation of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship and disability deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. 15. Parcel 12- 28 -22 -33 -0077 — George Oxford; 2305 Linwood Avenue East It is currently proposed that the property be assessed for 3 units, 2 of which are undeveloped. The owner is requesting an undeveloped property deferral and a senior citizen /disability /financial hardship deferral. Staff recommendation is to grant a financial hardship and senior citizen deferral (8 year) for the developed unit upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest for the financial hardship or senior citizen deferral. Staff recommendation is also to grant an undeveloped property deferral (8 years), for the 2 undeveloped units, upon approval of necessary paperwork. If the property remains undeveloped during the entire 8 year deferral time period the assessment will be cancelled. If at any point during the 8 year deferral period the lot is developed the assessment would become active. 16. Parcel 36- 29 -22 -13 -0019— Denco Automotive, Inc.; 2545 Conway Avenue East It is currently proposed that the property be assessed for 168.84 feet of frontage. The owner is objecting to the assessment on the basis that the assessment amount is greater than the benefit received and requests a revision of assessment. The owner requests a financial hardship deferral. Staff recommendation is to deny the request for revision of assessment as this property is being assessed per the City's assessment policy and the assessment does not exceed the benefit to the property as determined through the special benefit appraisal. Staff recommendation is to grant a financial hardship deferral (8 year) upon approval of necessary paperwork. After the 8 year deferral time period the assessment would become due in total with interest. 17. Parcel 17- 29 -22 -42 -0001— Forest Lawn Memorial Park Association; 1800 Edgerton Street North It is currently proposed that the property be assessed for 1,470.15 feet of frontage. The owner is objecting to the assessment pursuant to Minnesota Statute 306.14 as it relates specifically to cemeteries and special assessments. The owner is requesting cancellation April 23, 2012 13 City Council Meeting Minutes of assessment. Staff recommendation is to grant a cancellation of assessment upon approval of necessary paperwork. B. The assessment roll for the 2012 Mil and Overlays, City Project 11 -15, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. C. Such assessments shall be payable in equal annual installments extending over a period of 8 years, 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. D. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than November 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. E. 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 23'' day of April 2012. Seconded by Councilmember Koppen Ayes — All The motion passed. J. NEW BUSINESS Consideration of Conditional Use Permit Request for Used Car Sales — Kline Auto World, 2610 Maplewood Drive City Planner Martin presented the staff report and answered questions of the council. Jan Shulte, representing Kline Auto addressed and answered questions of the council. Jean Andersen, North St. Paul Resident addressed and answered questions of the council. Councilmember Llanas moved to approve the Resolution for the Conditional Use Permit to allow the sale of used cars at 2610 Maplewood Drive. RESOLUTION 12 -4 -721 CONDITIONAL USE PERMIT WHEREAS, Mr. Rick Kline, representing Kline Auto World, applied for a conditional use permit to sell used cars. April 23, 2012 14 City Council Meeting Minutes WHEREAS, Section 44- 512(5) of the city ordinances requires a conditional use permit for the sale and leasing of used motor vehicles. WHEREAS, this permit applies to the property located at 2610 Maplewood Drive. The legal description is: Speiser's Arbolada, subject to road and easements and vacated road accruing and except Northeasterly 3 feet; Lot 12, also part of Lots 5 and 10 lying northerly of a line 240 feet northerly of and par with the South line of Block 1 and all of Lot 4 and Lot 11, Block 1; and Speiser's Arbolada, subject to road and easements and vacated road accruing; part of Lots 5 and 10 lying southerly of a line 240 feet northerly of and par with the South line of Block 1 and all of Lots 6 through 9, Block 1. WHEREAS, the history of this conditional use permit is as follows: On March 20, 2012, the planning commission held a public hearing. The city staff published a notice in the paper and sent notices to the surrounding property owners. The planning commission gave everyone at the hearing a chance to speak and present written statements. The planning commission also considered the report and recommendation of city staff. The planning commission recommended that the city council approve this permit. 2. On April 23, 2012, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above - described conditional use permit, because: 1. The use would be located, designed, maintained, constructed and operated to be in conformity with the City's Comprehensive Plan and this Code. 2. The use would not change the existing or planned character of the surrounding area. 3. The use would not depreciate property values. 4. The use would not involve any activity, process, materials, equipment or methods of operation that would be dangerous, hazardous, detrimental, disturbing or cause a nuisance to any person or property, because of excessive noise, glare, smoke, dust, odor, fumes, water or air pollution, drainage, water run -off, vibration, general unsightliness, electrical interference or other nuisances. 5. The use would not exceed the design standards of any affected street. 6. The use would be served by adequate public facilities and services, including streets, police and fire protection, drainage structures, water and sewer systems, schools and parks. 7. The use would not create excessive additional costs for public facilities or services. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. April 23, 2012 15 City Council Meeting Minutes 9. The use would cause no more than minimal adverse environmental effects. Approval is subject to the following conditions: 1. The city council shall review this permit in one year. 2. All activity shall be confined to the site. There shall be no loading or unloading of vehicles on the street rights -of -way. 3. The applicant shall comply with and observe the city's noise ordinance as it relates to PA systems or any other business activity. 4. Comply with all city ordinance requirements for signage and parking. The Maplewood City Council approved this resolution on April 23, 2012. Seconded by Councilmember Koppen Ayes — Mayor Rossbach, Council Member Cardinal, Koppen and Llanas Nays — Councilmember Juenemann The motion passed. Approval of Initial Findings, July 16th Storm Clean -up and Investigation, City Project 11 -19 Assistant City Engineer Love presented the staff report and answered questions of the council. Denise Johnson, St. Catherine's student was present and addressed the council. Councilmember Juenemann moved to approve the Storm Clean -Up and Investigation Report and authorize the City Engineer to prepare work plans for the next 3 -5 years to begin implementing the recommended projects. Seconded by Councilmember Koppen Ayes — All The motion passed. K. AWARD OF BIDS None. L. I I&T ADMINISTRATIVE PRESENTATIONS None. COUNCIL PRESENTATIONS City and Park Clean -Up Councilmember Juenemann reported that the City and Park Clean -Up day that was held on Saturday, April 21, 2012 was a successful event. She thanked staff, commissioners, and the police reserves for their efforts in making the event a success. Councilmember Juenemann also thanked Papa Murphy's Pizza for sponsoring the event and providing coupons to distribute to residents that participated in the event. April 23, 2012 16 City Council Meeting Minutes New Water Meter Installation Councilmember Juenemann informed residents that new water meters are being installed by St, Paul Regional Water and if you have questions, comments or concerns to please contact them. Mayor Rossbach added that the meters are being replaced because the old meters don't record usage as accurately. 3. Open Mic — Listening Forum Councilmember Koppen asked that the Listening Forum be added to the next Council Manager Workshop for discussion. 4. Historical Preservation Committee Councilmember Koppen informed residents that at the last few Historical Preservation Commission meetings there have had very good speakers and encouraged residents to view them via web streaming. N. ADJOURNMENT Mayor Rossbach adjourned the meeting at 8:56 p.m. April 23, 2012 17 City Council Meeting Minutes