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
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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.
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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
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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
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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.
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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
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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
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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.
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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
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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.
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