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HomeMy WebLinkAbout2011 01-24 City Council Packet AGENDA MAPLEWOOD CITY COUNCIL 7:00 P.M. Monday,January 24,2011 City Hall, Council Chambers Meeting No. 2 -11 A.CALL TO ORDER B.PLEDGE OF ALLEGIANCE 1.Acknowledgementof Maplewood Residents Serving the Country. C.ROLL CALL Mayor’s Address on Protocol: “Welcometo the meeting of the Maplewood City Council. It is our desire to keep all discussions civil as we work through difficult issues tonight. If you are here for a Public Hearing or to address the City Council, please familiarize yourself with the Policies and Procedures and Rules of Civility, which are located near the entrance. Before addressing the council, sign in with the City Clerk. At the podium pleasestate your name and address clearly for the record. All comments/questions shall be posed to the Mayorand Council. The Mayor will thendirect staff, as appropriate, to answer questions or respond to comments.” D.APPROVAL OF AGENDA E.APPROVAL OFMINUTES 1.Approval of January 10, 2011, CityCouncil Workshop Minutes 2.Approval of January 10, 2011, City Council Meeting Minutes F.APPOINTMENTS AND PRESENTATIONS CONSENT AGENDA – G.Items on the Consent Agenda are considered routine and non- controversial and are approved by one motion of the council. If a councilmember requests additional information or wants to make a comment regarding an item, the vote should be held until the questions or comments are made then the single vote should be taken. If a councilmember objects to an item it should be removed and acted upon as a separate item. 1.Approval Of Claims 2.Consider Approval Authorizing Funding for Maplewood Heritage Award 3.Approval of Conditional Use Permit Review, Menards 2280 Maplewood Drive 4.Approval of Conditional Use Permit Review, Seasons at Maplewood (formerly known as The Regents) Kennard Street and Legacy Parkway 5.Approval of Park Naming of the Legacy Tot-Lot 6.Approval of Resolution Accepting Donation to the Police Department From Residential Mortgage Group 7.Approval to Enter Into Agreement With the State of Minnesota to Receive Funds for Electronic Citation Interface System 8.Approval of Resolution Reducing Retainage on Existing Construction Contract, Hills and Dales Area Street Improvements, City Project 09-15 9.Approval of 2011 Pay Rates for Temporary/Seasonal and Casual Part-Time Employees 10.Approval for Authorization to Make Payment for Recware Safari Yearly Support Contract H.PUBLIC HEARINGS I.UNFINISHED BUSINESS J.NEW BUSINESS 1.Approval of Liquor License – Myth Nightclub 2.Consideration of Penalties for Tobacco and Alcohol Compliance Failures 3.Conditional Use Permit Revision, Woodland Hills Church Request for a Temporary Homeless Shelter, 1740 Van Dyke Street K.VISITOR PRESENTATIONS L.AWARD OF BIDS M.ADMINISTRATIVE PRESENTATIONS N.COUNCIL PRESENTATIONS O.ADJOURNMENT Sign language interpreters for hearing impaired persons are available for public hearings upon request. The request for this must be made at least 96 hours in advance. Please call the City Clerk’s Office at 651.249.2001 to make arrangements. Assisted Listening Devices are also available. Please check with the City Clerk for availability. RULES OF CIVILITY FOR OUR COMMUNITY Following are some rules of civility the City of Maplewood expects of everyone appearing at Council Meetings – elected officials, staff and citizens. It is hoped that by following these simple rules, everyone’s opinions can be heard and understood in a reasonable manner. We appreciate the fact that when appearing at Council meetings, it is understood that everyone will follow these principles: Show respect for each other, actively listen to one another, keep emotions in check and use respectful language. Agenda Item E1 MINUTES MAPLEWOOD CITY COUNCIL MANAGER WORKSHOP A.CALL TO ORDER B. ROLL CALL Oakdale City Council: Absent C.APPROVAL OF AGENDA D.UNFINISHED BUSINESS E.NEW BUSINESS 1.Joint Work Session with Oakdale City Council – Discussion on Tanners Lake Redevelopment 2.Reopening of the Myth Nightclub – Discussion with Applicant F. ADJOURNMENT Agenda Item E2 MINUTES MAPLEWOOD CITY COUNCIL 7:00 p.m., Monday,January 10, 2011 Council Chambers, City Hall Meeting No.01-11 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 7:10 p.m.by Mayor Rossbach. B.PLEDGE OF ALLEGIANCE C. ROLL CALL Will Rossbach, Mayor Present Kathleen Juenemann, Councilmember Present Marvin Koppen, Councilmember Present James Llanas, Councilmember Present John Nephew, Councilmember Present D. APPROVAL OF AGENDA The following items were added or changed tothe agenda by councilmembers: J1.Approval of Conditional Use Permit Revision, Woodland Hills Church Request for a Temporary Homeless Shelter, 1740 Van Dyke Street – Tabledby the applicant N1.Turf Grass Maintenance – Councilmember Juenemann N2.Volunteerism – Councilmember Juenemann Councilmember Koppenmoved to approve the agenda as amended. Seconded by Councilmember Nephew. Ayes – All The motion passed. E. APPROVAL OF MINUTES 1.Approval of December 6, 2010, Special Council Meeting Minutes Councilmember Juenemannmoved to approve the December 6, 2010, Special Council Meeting Minutes as submitted. Seconded by Councilmember Koppen. Ayes – All The motion passed. 2.Approval of December 6, 2010, Special Work Session Minutes Councilmember Juenemannmoved to approve the December 6, 2010, Special Work Session Minutes assubmitted. Seconded by Councilmember Koppen. Ayes – All The motion passed 3.Approval of December 13, 2010, Council Manager Workshop Minutes Councilmember Llanasmoved to approve the December 13, 2010, Council Manager Workshop Minutes as submitted. Seconded by Councilmember Koppen. Ayes – Mayor Rossbach, Councilmembers Koppen & Llanas Abstentions – Councilmembers Juenemann,& Nephew The motion passed 4.Approval of December 13, 2010, City Council Meeting Minutes Councilmember Juenemannmoved to approve the December 13, 2010, City Council Meeting Minutes as submitted. Seconded by Councilmember Koppen. Ayes – Mayor Rossbach, Councilmembers Juenemann, Koppen & Llanas Abstention – Councilmember Nephew The motion passed F. APPOINTMENTS AND PRESENTATIONS 1.Swearing In of Police Officer Marcus Forsythe a.Maplewood Police Chief, Dave Thomalla introduced Officer Marcus Forsythe. b.City Clerk, Director Citizen Services, Karen Guilfoile administeredthe oath of office. G. CONSENT AGENDA 1.Councilmember Juenemannmoved to approve items1, 2, 4-10. Seconded by CouncilmemberNephew Ayes – All The motion passed. 2.Councilmember Juenemannmoved to approve item3. Seconded by CouncilmemberNephew. Ayes – Mayor Rossbach, Councilmembers Juenemann, Llanas & Nephew Abstention – Councilmember Koppen The motion passed. 1. Approval of Claims CouncilmemberJuenemannmoved Approval of Claims. ACCOUNTS PAYABLE: $ 594,867.83Checks #83057thru #83139 Dated 11/24/10 thru 12/7/10 $ 416,020.31Disbursementsvia debits to checking account Dated 11/29/10 thru 12/03/10 $ 193,257.54Checks #83140thru #83193 Dated 12/3/10 thru 12/14/10 $ 152,185.23 Disbursements via debits to checking account Dated 12/06/10 thru 12/10/10 __________________ $ 1,356,330.91Total Accounts Payable PAYROLL $ 506,421.87Payroll Checks and Direct Deposits dated 12/10/10 $ 2,392.75Payroll Deduction check #1009717thru #1009719 Dated 12/10/10 ___________________ $ 508,814.62Total Payroll GRAND TOTAL $ 1,865,145.53 Seconded by Councilmember Nephew. Ayes – All The motion passed. 2.Approval of Temporary Gambling Permits – Ramsey Nursing Home Foundation CouncilmemberJuenemannmoved toapprove the temporary gambling permits for Ramsey Nursing Home Foundation at 2000 White Bear Avenue for January 24, February 28, March 28 and October 24, 2011. RESOLUTION11-01-513 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the premises permit for lawful gambling is approved for the Ramsey Nursing Home Foundation 2000 White Bear Avenue for January 24, February 28, March 28 and October 24, 2011. FURTHERMORE, that the Maplewood City Council waives any objection to the timeliness of application for said permit as governed by Minnesota Statute §349.213. FURTHERMORE, that the Maplewood City Council requests that the Gambling Control Division of the Minnesota Department of Gaming approve said permit application as being in compliance with Minnesota Statute §349.213. NOW, THEREFORE, be it further resolved that this Resolution by the City Council of Maplewood, Minnesota, be forwarded to the Gambling Control Division for their approval. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 3.Approval of Annual Renewal of Liquor Licenses Off-Sale, On-Sale Wine and Club Councilmember Juenemannmoved toapprove the resolution for the Annual Renewal of Liquor Licenses Off-Sale, On-Sale Wine and Club effective January 1, 2011 for one year. RESOLUTION 11-01-514 RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, RAMSEY COUNTY, MINNESOTA, that the following On-Sale, Off-Sale, Club and Wine Liquor Licenses, having been previously duly issued by this Council, are hereby approved for renewal for one year, effective January 1, 2011, with approvals granted herein subject to satisfactory results of required Police, Fire and health inspections: Off-Sale 3.2 Beer Licenses Cub Foods #30244Richard’s Market 100 West County Road B1344 Frost Avenue Cub Foods#31264SuperAmerica #4022 2390 White Bear Avenue1750 White Bear Avenue Rainbow Foods #8861SuperAmerica #4089 2501 White Bear Avenue11 Century Avenue South On-Sale 3.2 Beer Licenses Chipotle Mexican Grill 3095 White Bear Ave N. Off-Sale Intoxicating Liquor Licenses A1 LiquorMerwin Liquors 19 Century Avenue North1700-D Rice Street Big Discount LiquorMGM Liquor Warehouse 2515 White Bear Avenue2950 White Bear Avenue Costco Wholesale #1021Party Time Liquor 1431 Beam Avenue East1835 East Larpenteur Avenue Cub Discount LiquorPrincess Liquor ‘n Tobacco 100 West County Road B2728 Stillwater Road Heritage Liquor LLCSarrack’s Int’l. Wine & Spirits 1347 Frost Avenue2305 Stillwater Road Maplewood Wine CellarWhite Bear Liquor & Wine 1281 Frost Avenue2223 White Bear Avenue On-Sale Intoxicating Liquor Licenses 5-8 Tavern & GrillGoodrich Golf Course 2289 Minnehaha Avenue1820 North Van Dyke Acapulco RestaurantGuldens Roadhouse 3069 White Bear Avenue2999 North Highway 61 AMF Maplewood LanesHuey’s Saloon 1955 English Street2425 North Highway 61 Bleechers Bar & GrillJake’s City Grille 2220 White Bear Avenue1745 Beam Avenue East Buffalo Wild Wings 3085Keller Golf Clubhouse White Bear Avenue2166 Maplewood Drive Chalet LoungeOlive Garden #1200 1820 Rice Street1749 Beam Avenue Champps – MaplewoodOsaka Sushi & Hibachi 1734 Adolphus Street1900 County Road D E Chili’s Grill & Bar #224Outback Steakhouse 1800 Beam Avenue1770 Beam Avenue Chipotle Mexican GrillRed Lobster #0283 2303 White Bear Avenue2925 White Bear Avenue Dean’s TavernStargate Dance Club 1986Rice Street1700 Rice Street, Suite J Dive Bar T.G.I. Friday’s #0472 3035 White Bear Avenue3087 White Bear Avenue DowntownLav 52 KmThe Ponds at Battle Creek 3030 Southlawn Dr. N 601 Century Avenue South On-Sale Club License Maplewood Moose Lodge #963 1946 English Street On-Sale Wine/Strong Beer License Bambu Asian Cuisine 1715-A Beam Avenue Noodles & Company 2865 White Bear Avenue Taste of India 1745 Cope Avenue East Seconded by CouncilmemberNephew. Ayes – Mayor Rossbach, Councilmembers Juenemann, Llanas & Nephew Abstention – Councilmember Koppen The motion passed. 4.Approval of Resolution Directing Modification of Existing Construction Contract Supplemental Agreement No. 41, Century Avenue Improvements, Project 03-15 Councilmember Juenemannmoved toapprove the resolution directing modification of existing construction contract supplemental agreement No. 41, for City Project 03-15. RESOLUTION11-01-515 DIRECTING MODIFICATION OF EXISTING CONSTRUCTION CONTRACT PROJECT 03-15, SUPPLEMENTAL AGREEMENT NO. 41 WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered improvements to Project 03-15, Century Avenue Improvements, and has concurred with a contract let by Ramsey County and in accordance to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as City Project 03-15 including Supplement Agreement No. 41. 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 Supplemental Agreement No. 41 which is an increase of $55.15. th Adopted by theMaplewood City Councilon this 10day of January 2011. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 5.Approval of 2011 Contract Between City of Maplewood and Financial Concepts, Inc. (FCI) Councilmember Juenemannmoved toapprove the contract between the City of Maplewood and Financial Concepts, Inc. (FCI) for the period of January 1, 2011 through December 31, 2011. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 6.Approval of Budget Adjustment and Transfer for 2010 Taste of Maplewood Councilmember Juenemannmoved toapprove (1) the transfer of $15,280.96 from the general fund to the Taste of Maplewood Fund and (2) the appropriate budget changes. Secondedby CouncilmemberNephew. Ayes – All The motion passed. 7.Authorization to Make Payment for Eden Systems Yearly Support Contact Councilmember Juenemannmoved toapprove the payment for Eden Systems for the yearly support contract in the amount of$56,049.41 and funded from the 2011 IT Fund. Seconded by CouncilmemberNephew. Ayes – All The motion passed. 8.Approval of Resolution Accepting Donation from Schmelz Countryside CouncilmemberJuenemannmoved toapprove the resolution accepting thedonation of $2,500 from Schmelz Countryside to be used toward youth and senior citizen programs. RESOLUTION 11-01-516 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, Schmelz Countryside wishes to grant the City of Maplewood the following:$2,500, and; WHEREAS, Schmelz Countryside has instructed that the City will be required to use the aforementioned for: programs for children and senior citizens, 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. The Maplewood City Council passed this resolution by a super majority vote of its membership on January 10, 2011. Signed: Signed: Witnessed: _______________________________________ ___________________ (Signature) (Signature) (Signature) Mayor______________Chief of Police_________ City Clerk____________ (Title) (Title) (Title) ________________________________________ ____________________ (Date) (Date) (Date) Seconded by CouncilmemberNephew. Ayes – All The motion passed. 9.Approval of Resolution Accepting Donation From Residential Mortgage Group Councilmember Juenemannmoved toapprove the resolution accepting the donation from Residential Mortgage Group for $200. RESOLUTION 11-01-517 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, Residential Mortgage Group (RMG) wishes to grant the City of Maplewood the following: $200, and; WHEREAS, Residential Mortgage Grouphas instructed that the City will be required to use the aforementioned for: use by the Police Department to directly improve the community, 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, theCity 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. The Maplewood City Council passed this resolution by a super majority vote of its membership on January 10, 2011. Signed:Signed:Witnessed: _______________________________________ ___________________ (Signature) (Signature) (Signature) Mayor______________Chief of Police_________ City Clerk____________ (Title) (Title) (Title) ________________________________________ ____________________ (Date) (Date) (Date) Seconded by CouncilmemberNephew. Ayes – All The motion passed. 10.Approval of Designation of Depositories for Investments Councilmember Juenemannmoved toapprove the designation of depositories for Investments as Alerus Financial (fka Prosperan Bank, Washington County Bank), Wells Fargo Bank, US Bank, and 4M Fund. RESOLUTION 11-01-518 BE IT RESOLVED , that the following be and hereby are selected as depositories for time deposits of the City of Maplewood: Alerus Financial (fka Prosperan Bank, Washington County Bank) Wells Fargo Bank US Bank 4M Fund BE IT FURTHER RESOLVED , that the deposits in any of the above depositories shall not exceed the amount of F.D.I.C. insurance covering such deposit unless collateral or a bond is furnished as additional security, and BE IT FURTHER RESOLVED , that funds in the above depositories may be withdrawn and wire transferred to any other depository of the city by the request of the Finance Manager or Assistant FinanceManager. BE IT FURTHER RESOLVED , that these depository designations are effective until December 31, 2011. Seconded by CouncilmemberNephew. Ayes – All The motion passed. H. PUBLIC HEARING 1.Western Hills Area Street Improvements, City Project 10-14 a.Public Hearing 7:00 p.m. b.Resolution Ordering Improvement After Public Hearing (4 votes) i.Deputy Public Works Director, City Engineer, Michael Thompson introduced the item,gavefurther informationand answered questions of the council. ii.Assistant City Engineer, Steve Love gave the report and answered questions of the council. iii.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. iv.Maplewood Fire Chief, Steve Lukin answered questions of the council. Mayor Rossbach opened the public hearing. 1.Rick LaBere, 400 Kingston Avenue, Maplewood. 2.Clarence Osen, 50 Roselawn Avenue, Maplewood. 3.Wayne Belisle, Owner of Champp’s Restaurant, Maplewood. 4.John Slama, 77 Kingston Avenue East, Maplewood. 5.Chuck Berglund, 1699 Agate Street, Maplewood. 6.Don Bordsen, 1733 Agate Street, Maplewood. 7.Bruce Briese, 116 Summer East, Maplewood. Mayor Rossbach closed the public hearing. Councilmember Koppenmoved toapprove the resolution ordering the improvement for the Western Hills Area Street Improvement, City Project 10-14, RESOLUTION 11-01-519 ORDERING IMPROVEMENT WHEREAS, a resolution of the city council adopted the 13th day of December 2010, fixed a date for a council hearing on the proposed street improvements for the Western Hills AreaStreet Improvements, City Project 10-14. AND WHEREAS, ten days mailed notice and two weeks published notice of the hearing was given, and the hearing was duly held on January 10, 2011, and the council has heard all persons desiring to be heard on the matter and has fully considered the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, as follows: 1.That it is necessary, cost-effective and feasible, as detailed in the feasibility report, that the City of Maplewood make improvements to the Western Hills Area, City Project 10-14. 2.Such improvement is hereby ordered as proposed in the council resolution adopted the 10th day of January, 2011. 3.The city engineeror his representative 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 at the December 13, 2010 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 December 13, 2010council meeting. A project budget of $7,152,700was established. The approved financing plan is as follows: G.O. IMPROVEMENT BONDS$2,944,20041% SANITARY SEWER FUND$412,4006% ENVIRONMENTAL UTILITY FUND$1,560,20022% SPECIAL BENEFIT ASSESSMENT$1,691,30023% ST. PAUL WATER$443,8006% W.A.C. FUND$40,8001% DRIVEWAY REPLACEMENT PROGRAM$60,0001% TOTAL FUNDING$7,152,700100% th Approved this 10day of January 2011. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. The council took a break to clear the city council chambers. I.UNFINISHED BUSINESS 1.Approval of Open Space and Parks Zoning Ordinance Amendment – (Second Reading) a.Park and Recreation Director, DuWayne Konewko gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the second reading of the Open Space and Parks Zoning Ordinance Amendment. ORDINANCE NO. 911 AN ORDINANCE AMENDING THE MAPLEWOOD ZONING CODE TO CREATE AN OPEN SPACE AND PARKS (OSP) ZONING DISTRICT Section 1. This amendment revises Section 44-6, Definitions, to read as follows(additions are underlined): Section 44-6. Definitions. Open SpaceandParks means properties that are publicly ownedwhich are used or planned as open space or park lands. Section 2. This amendment revises Section 44-9 to read as follows(additions are underlined): Section 44-9. Zoning Districts. OSP OpenSpaceand Parks F Farm Residence District R-1 Residence District (Single Dwelling) R-1R Rural Conservation Dwelling District R-1S Small-Lot Single-Dwelling District R-2 Residence District (Double Dwelling) R-3 Residence District (Multiple Dwelling) R-E Residence Estate District NC Neighborhood Commercial District CO Commercial Office District BC Business Commercial District LBC Limited Business Commercial District BCM Business Commercial Modified District SC Shopping Center District M1 Light Manufacturing District M2 Heavy Manufacturing District MU Mixed Use Zoning District Section 3. This amendment revises Article II,District Regulations,by changing Division 1 of the District Regulations to read as follows(additions are underlined and deletionsare crossed out): ARTICLE II. DISTRICT REGULATIONS DIVISION 1. GENERALLYOPEN SPACE AND PARKS DISTRICT (OSP) Section 44-46. Purpose and Intent. The OSPdistrict is designed to be a public park and open space district. Public parks and open space may be owned or operated by Maplewood, Ramsey County or any other public body.All improvements within these districts must be consistent with the Maplewood Comprehensive Land Use Plan. Section 44-47. Permitted Uses The only uses permitted in the open space and parks district, are the following: Public open space and park lands. Section 44-48.Development Guidelines Improvements and structures within open space lands and public parks with recreational facilities and structures shall be consistent with the Maplewood Comprehensive Land Use Planand developed in conformance with the site-development requirements stipulated in the Maplewood Zoning Ordinance. Sections 44-49 – 44-70. Reserved. Section 4. This ordinance shall take effect upon publication. The Maplewood City Council approved this ordinance on January 10, 2011. ____________________________ Mayor Attest: _____________________________ City Clerk Seconded by CouncilmemberKoppen. Ayes – All The motion passed. J.NEW BUSINESS 1.Approval of Conditional Use Permit Revision, Woodland Hills Church Request for a Temporary Homeless Shelter, 1740 Van Dyke Street The conditional use permit resolution revision for Woodland Hills Church request for a temporary was tabledby the applicant homeless shelter at 1740 Van Dyke Street. 2.Consideration of Penalties for Tobacco and Alcohol Compliance Failures a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. Councilmember Juenemann moved to increase the fine from $2,000 to $2,300 for White Bear Liquor & Wine. The motion failedfor lack of a second. Mayor Rossbach moved toapprove the penalties for tobacco and alcohol compliance failures as follows. A1 Liquor and Keller LakeConveniencewho were on the agenda were not able to attend the meeting and will come before the council at a later date. Business NameAddressViolationAmount Amarose Convenience Store3001 White Bear AveTobacco$ 500 Champps 1734 AdolphusAlcohol$1,000 Chili’s Bar & Grill1800 Beam AvenueAlcohol$ 500 Goodrich Golf Course1820 Van Dyke StreetAlcohol$ 500 Heritage Liquor 1347 Frost AvenueAlcohol$1,000 Holiday Station280 S. McKnight RoadTobacco$ 500 Huey’s Saloon2425 Maplewood DriveAlcohol$2,000 Les’s Superette2665 White Bear AvenueTobacco$ 750 Maplewood Wine Cellar1281 Frost AvenueTobacco$ 250 MGM Liquor Warehouse2950 White Bear AvenueAlcohol$1,000 SuperAmerica11 Century Avenue NAlcohol$ 500 Walgreens2515 WhiteBear AvenueTobacco$ 500 White Bear Liquor & Wine2223 White Bear AvenueAlcohol$2,000 Seconded by Councilmember Nephew. Ayes – All The motion passed. 3.Approval for an Off-Sale Intoxicating Liquor License for Hillside Wine & Spirits, Inc. a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. 1.Mai Lee, Owner of Hillside Wine & Spirits, Inc. addressed and answered questions of the council. CouncilmemberNephewmoved toapprove the Off SaleIntoxicating Liquor License for Hillside Wine & Spirits, Inc. Seconded by Councilmember Koppen. Ayes – Mayor Rossbach, Councilmembers Juenemann, Koppen & Nephew Nay – Councilmember Llanas The motion passed. 4.Approval of Rules and Procedures for City Council and Council Meetings a.Director Citizen Services, City Clerk, Karen Guilfoile gave the brief report and answered questions of the council. b.City Attorney,Alan Kantrud answered questions of the council. Councilmember Nephewmoved toapprove the rules and procedures for city council and council meetings for 2011as amended. The document will be updated accordingly. Seconded by Mayor Rossbach. Ayes – All The motion passed. 5.Approval of 2011 Public Hearing Policies and Procedures a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the 2011 Public Hearing Policies and Proceduresas amended. The document will be updatedaccordingly. Seconded by CouncilmemberKoppen. Ayes – All The motion passed. 6.Consideration of 2011 City Council Appointments a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. b.City Manager,James Antonen addressed the council. Councilmember Nephewmoved toapprove the 2011 city council appointments. Appointment2011 Appointments Acting Mayor James Llanas 800 MHz Representative Kathleen Juenemann James Llanas (Alternate) AuditorContact John Nephew Will Rossbach (Alternate) Business & Economic Development James Llanas Advisory Commission Mike Martin (Staff Liaison) th (4Thursday 5:15 p.m.) Community Design Review Board John Nephew ndth (2& 4Tuesday 6:00 p.m.) Mike Martin (Staff Liaison) Data Compliance Officers: Responsible AuthorityKaren Guilfoile City Personnel OfficerTerrie Rameaux City Law Enforcement Officer David Thomalla Environment & Natural Kathleen Juenemann Resources Commission Shann Finwall (Staff Liaison) rd (3Monday 7:00 p.m.) Fire Relief Association Will Rossbach Relief By-Laws require Mayor Gayle Bauman(Staff Liaison) to be member of the Board Gateway Corridor Group Will Rossbach Chuck Ahl (Alternate) Heritage Preservation Marv Koppen Commission David Fisher (Staff Liaison) rd (3Thursday 7:00 p.m.) Housing & Redevelopment James Llanas Authority Tom Ekstrand (Staff Liaison) nd (2Wednesday 7:00 p.m.) Human Rights Commission James Llanas nd (2Tuesday7:00 p.m.)Karen Guilfoile(Staff Liaison Chuck Bethel (Staff Liaison) Joint Ice Arena Board Marv Koppen James Llanas Maplewood Green Team Kathleen Juenemann (Monthly as Needed)Shann Finwall (Staff Liaison) Municipal Legislative Commission James Antonen (Monthly Wednesday 11:30 a.m.–1:00 p.m.)Kathleen Juenemann(Alt) Official Newspaper Maplewood Review Pioneer Press (Alternate) Parks & Recreation Will Rossbach Commission DuWayne Konewko rd (3Wednesday 7:00 p.m.)Jim Taylor/Audra Robbins The Partnership James Llanas Dave Kvam (Staff Liaison) Planning Commission John Nephew strd (1& 3Tuesday 7:00 p.m.)Tom Ekstrand (Staff Liaison) Police Civil Service Commission Kathleen Juenemann (Meets as Needed)Terrie Rameaux Ramsey County League Will Rossbach of Local Governments Marv Koppen (Alternate) Ramsey/Washington Kim Facile Suburban Cable Commission John Nephew (Alternate) Regional Mayors Will Rossbach Rush Line Corridor Will Rossbach Chuck Ahl (Staff Liaison) Suburban Area Chamber James Antonen of Commerce Karen Guilfoile (Alternate) Suburban Rate Authority John Nephew (Scheduled first month of each quarter) St. Paul Water Utility No Representative Required Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. 7.Approval of Taste of Maplewood Event a.Director Citizen Services, City Clerk, Karen Guilfoile gave the report and answered questions of the council. The following people had comments regarding the Taste of Maplewood Event: 1.Ron Cockriel, Maplewood. 2.Mark Jenkins, Maplewood. Mayor Rossbachmoved toapprove the resolution of support for the 2011 Taste of Maplewood held in August at Goodrich Park. Resolution 11-01-520 of Support for the 2011 Taste of Maplewood Whereas the City of Maplewood has established the Taste of Maplewood and Friends as an annual event that is an outreach to area businesses and families. Whereas the Taste of Maplewood brings the community together and gives local businesses the opportunity to showcase their offerings while providing families an opportunity to experience a family friendly environment at Goodrich Park. Whereas the Taste of Maplewood is a city-wide event and each department within the city will play a part in its success. Whereas city staff will work diligently soliciting sponsors including local businesses for the event to offset incurred costs. Therefore Let it Be Resolved that the city council supports the 2011 Taste of Maplewood and Friends event that will beheld in August 2011 at Goodrich Park. Seconded by CouncilmemberLlanas. Ayes – Mayor Rossbach, Councilmembers Juenemann, &Llanas Nays – Councilmembers Koppen, & Nephew The motion passed. K.VISITOR PRESENTATIONS 1.Bob Zick, North St. Paul.Mr. Zick discussed the anti-S.L.A.P.P. Ordinancewhichstands for Strategic Lawsuit Against Public Participation. Mr. Zick also shared his opinion of miscellaneous matters in the city. 2.Ron Cockriel, Maplewood.Mr. Cockriel expressed concern of people taking cans from residential recycling bins and inquired if there were an ordinance in place prohibiting this activity. L.AWARD OF BIDS None. M.ADMINISTRATIVE PRESENTATIONS None. N.COUNCIL PRESENTATIONS 1.Turf Grass Maintenance – Councilmember Juenemann Councilmember Juenemann stated there will be a Turf Grass Maintenance Workshop held February8, 2011, from 8:00am to 2:30 p.m. at the Maplewood Community Center.If the public would like to attend you are required to register with the Ramsey Washington Metro Watershed District. 2.Volunteerism – Councilmember Juenemann Councilmember Juenemann discussed volunteerism and asked residents to think about giving back to the community by volunteering in Maplewood. O.ADJOURNMENT Mayor Rossbachadjourned the meeting at 10:49p.m. THIS PAGE IS INTENTIONALLY LEFT BLANK G-1 AGENDA NO. AGENDA REPORT TO:City Council Finance Manager FROM: RE:APPROVAL OF CLAIMS January 24, 2011 DATE: Attached is a listing of paid bills for informational purposes. The City Manager has reviewed the bills and authorized payment in accordance with City Council approved policies. ACCOUNTS PAYABLE: $ 533,181.48Checks # 83325 thru 83370 dated 1/4/11 $ 288,707.25Disbursements via debits to checking account dated 12/27/10 thru 12/31/2010 $ 348,206.56Checks # 83371 thru # 83435 dated 12/30/10 Thru 1/11/11 $ 197,260.51Disbursements via debits to checking account dated 1/3/11 thru 1/7/11 $ 1,367,355.80Total Accounts Payable PAYROLL $ 527,458.42Payroll Checks and Direct Deposits dated 1/7/11 $ 2,392.75Payroll Deduction check # 1009797 thru # 10009799 dated 1/7/11 $ 529,851.17Total Payroll $ 1,897,206.97GRAND TOTAL Attached is a detailed listing of these claims. Please call me at 651-249-2902 if you have any questions on the attached listing. This will allow me to check the supporting documentation on file if necessary. sb attachments Check Register City of Maplewood CheckDateVendorDescriptionAmount Checks in this report. 46 CITY OF MAPLEWOOD Disbursements via Debits to Checking account TransmittedSettlement DateDatePayeeDescriptionAmount TOTAL288,707.25 Check Register City of Maplewood CheckDateVendorDescriptionAmount Checks in this report. 65 Transaction DatePosting DateMerchant NameTransaction AmountName CITY OF MAPLEWOOD EMPLOYEE GROSS EARNINGS REPORT FOR THE CURRENT PAY PERIOD CHECK #CHECK EMPLOYEE NAMEAMOUNT DATE 01/07/11JUENEMANN, KATHLEEN416.42 01/07/11KOPPEN, MARVIN416.42 01/07/11LLANAS, JAMES416.42 01/07/11NEPHEW, JOHN416.42 01/07/11ROSSBACH, WILLIAM473.15 01/07/11AHL, R. CHARLES5,217.96 01/07/11ANTONEN, JAMES5,800.00 01/07/11BURLINGAME, SARAH1,861.60 01/07/11KANTRUD, HUGH184.62 01/07/11CHRISTENSON, SCOTT2,067.67 01/07/11FARR, LARRY2,885.65 01/07/11JAHN, DAVID1,840.37 01/07/11KARIS, DYLAN519.75 01/07/11HENNING, KARISSA92.30 01/07/11RAMEAUX, THERESE3,030.67 01/07/11BAUMAN, GAYLE3,860.97 01/07/11FORMANEK, KAREN750.53 01/07/11ANDERSON, CAROLE2,540.23 01/07/11DEBILZAN, JUDY1,292.39 01/07/11JACKSON, MARY2,102.98 01/07/11KELSEY, CONNIE2,569.24 01/07/11LAYMAN, COLLEEN2,880.00 01/07/11RUEB, JOSEPH2,493.80 01/07/11ARNOLD, AJLA746.09 01/07/11CAREY, HEIDI2,494.96 01/07/11GUILFOILE, KAREN4,376.43 01/07/11KROLL, LISA1,627.96 01/07/11NEPHEW, MICHELLE1,610.35 01/07/11SCHMIDT, DEBORAH2,589.83 01/07/11SPANGLER, EDNA1,226.09 01/07/11CORTESI, LUANNE1,007.72 01/07/11LARSON, MICHELLE1,709.35 01/07/11MECHELKE, SHERRIE1,170.00 01/07/11MOY, PAMELA1,107.69 01/07/11OSTER, ANDREA1,886.78 01/07/11RICHTER, CHARLENE898.75 01/07/11SCHOENECKER, LEIGH1,312.54 01/07/11WEAVER, KRISTINE2,245.35 01/07/11CORCORAN, THERESA1,898.15 01/07/11KVAM, DAVID4,188.29 01/07/11PALANK, MARY1,902.77 01/07/11POWELL, PHILIP2,903.66 01/07/11SVENDSEN, JOANNE2,081.79 01/07/11THOMALLA, DAVID4,936.26 01/07/11YOUNG, TAMELA1,898.16 01/07/11ABEL, CLINT3,264.41 01/07/11ALDRIDGE, MARK3,408.46 01/07/11BAKKE, LONN614.65 01/07/11BARTZ, PAUL3,461.58 01/07/11BELDE, STANLEY2,888.66 01/07/11BENJAMIN, MARKESE2,840.44 01/07/11BIERDEMAN, BRIAN3,352.91 01/07/11BOHL, JOHN3,099.34 01/07/11BUSACK, DANIEL3,558.09 01/07/11COFFEY, KEVIN2,961.30 01/07/11CROTTY, KERRY3,575.20 01/07/11DEMULLING, JOSEPH2,889.75 01/07/11DOBLAR, RICHARD3,737.66 01/07/11DUGAS, MICHAEL4,420.27 01/07/11ERICKSON, VIRGINIA2,946.66 01/07/11FLOR, TIMOTHY3,480.81 01/07/11FRASER, JOHN3,346.04 01/07/11FRITZE, DEREK2,848.66 01/07/11GABRIEL, ANTHONY3,472.25 01/07/11HAWKINSON JR, TIMOTHY2,848.66 01/07/11HER, PHENG2,709.29 01/07/11HIEBERT, STEVEN3,341.67 01/07/11JOHNSON, KEVIN4,482.66 01/07/11KALKA, THOMAS896.28 01/07/11KARIS, FLINT3,571.14 01/07/11KONG, TOMMY2,830.76 01/07/11KREKELER, NICHOLAS803.20 01/07/11KROLL, BRETT2,830.76 01/07/11LANGNER, SCOTT3,293.35 01/07/11LANGNER, TODD2,943.51 01/07/11LU, JOHNNIE3,526.96 01/07/11LYNCH, KATHERINE1,887.11 01/07/11MARINO, JASON2,830.76 01/07/11MARTIN, JERROLD2,988.56 01/07/11MCCARTY, GLEN2,904.55 01/07/11METRY, ALESIA3,098.90 01/07/11NASH, AMY1,887.11 01/07/11NYE, MICHAEL3,517.28 01/07/11OLSON, JULIE2,830.76 01/07/11PARKER, JAMES2,002.16 01/07/11REZNY, BRADLEY3,181.06 01/07/11RHUDE, MATTHEW2,798.63 01/07/11SHORTREED, MICHAEL4,060.51 01/07/11STEINER, JOSEPH2,773.06 01/07/11SYPNIEWSKI, WILLIAM2,773.06 01/07/11SZCZEPANSKI, THOMAS3,050.12 01/07/11TAUZELL, BRIAN2,301.33 01/07/11THEISEN, PAUL767.32 01/07/11THIENES, PAUL4,096.63 01/07/11TRAN, JOSEPH2,884.70 01/07/11WENZEL, JAY2,830.76 01/07/11XIONG, KAO3,044.15 01/07/11BAUMAN, ANDREW2,757.15 01/07/11DAWSON, RICHARD3,608.74 01/07/11DOLLERSCHELL, ROBERT293.39 01/07/11EVERSON, PAUL3,614.05 01/07/11FOSSUM, ANDREW2,944.82 01/07/11HALWEG, JODI2,940.87 01/07/11HENDRICKSON, NICHOLAS2,394.57 01/07/11JUNGMANN, BERNARD3,405.59 01/07/11KUBAT, ERIC2,265.84 01/07/11LINDER, TIMOTHY3,021.57 01/07/11NOVAK, JEROME3,546.56 01/07/11OLSON, JAMES2,911.25 01/07/11PETERSON, ROBERT3,239.89 01/07/11PLACE, ANDREA1,385.71 01/07/11SEDLACEK, JEFFREY2,859.82 01/07/11STREFF, MICHAEL2,978.39 01/07/11SVENDSEN, RONALD4,084.44 01/07/11GERVAIS-JR, CLARENCE3,718.71 01/07/11LUKIN, STEVEN4,475.33 01/07/11ZWIEG, SUSAN2,234.15 01/07/11KNUTSON, LOIS1,996.55 01/07/11NIVEN, AMY1,411.62 01/07/11PRIEFER, WILLIAM2,713.17 01/07/11BRINK, TROY4,166.68 01/07/11BUCKLEY, BRENT3,743.91 01/07/11DEBILZAN, THOMAS3,997.90 01/07/11EDGE, DOUGLAS5,996.52 01/07/11JONES, DONALD3,958.90 01/07/11MEISSNER, BRENT3,401.24 01/07/11NAGEL, BRYAN3,408.40 01/07/11OSWALD, ERICK4,582.92 01/07/11RUNNING, ROBERT4,222.00 01/07/11TEVLIN, TODD3,995.91 01/07/11BURLINGAME, NATHAN1,948.00 01/07/11DUCHARME, JOHN2,713.98 01/07/11EATON, MEGAN448.00 01/07/11ENGSTROM, ANDREW2,459.76 01/07/11JACOBSON, SCOTT2,051.56 01/07/11JAROSCH, JONATHAN2,788.55 01/07/11KREGER, JASON2,016.40 01/07/11KUMMER, STEVEN3,063.75 01/07/11LINDBLOM, RANDAL2,713.97 01/07/11LOVE, STEVEN3,140.32 01/07/11THOMPSON, MICHAEL4,114.78 01/07/11ZIEMAN, SCOTT127.80 01/07/11HELCL, JOHN322.40 01/07/11EDSON, DAVID2,487.87 01/07/11HINNENKAMP, GARY2,609.04 01/07/11MARUSKA, MARK3,183.11 01/07/11NAUGHTON, JOHN2,242.32 01/07/11NORDQUIST, RICHARD2,244.63 01/07/11SCHINDELDECKER, JAMES2,129.97 01/07/11BIESANZ, OAKLEY1,281.45 01/07/11DEAVER, CHARLES188.36 01/07/11HAYMAN, JANET1,380.59 01/07/11HUTCHINSON, ANN2,622.80 01/07/11WACHAL, KAREN854.68 01/07/11GAYNOR, VIRGINIA3,211.95 01/07/11KONEWKO, DUWAYNE4,590.46 01/07/11OLSON, ERICA1,370.75 01/07/11SINDT, ANDREA2,013.80 01/07/11THOMPSON, DEBRA523.36 01/07/11EKSTRAND, THOMAS3,800.52 01/07/11MARTIN, MICHAEL2,606.15 01/07/11BRASH, JASON2,154.16 01/07/11CARVER, NICHOLAS3,211.95 01/07/11FISHER, DAVID3,778.99 01/07/11SWAN, DAVID2,738.95 01/07/11WELLENS, MOLLY1,866.29 01/07/11ANZALDI, MICHAEL72.00 01/07/11BERGER, STEPHANIE64.13 01/07/11BJORK, BRANDON145.75 01/07/11DEBILZAN, JAIME43.50 01/07/11FRANK, PETER425.00 01/07/11HILDEBRANT, SAWYER91.50 01/07/11JANASZAK, MEGHAN308.82 01/07/11KOHLMAN, JENNIFER38.00 01/07/11ROBBINS, AUDRA2,847.74 01/07/11ROBBINS, CAMDEN65.88 01/07/11SCHAAF, JARED198.00 01/07/11SCHALLER, SCOTT88.70 01/07/11SCHALLER, TYLER128.00 01/07/11SHERRILL, CAITLIN447.88 01/07/11ST. MARTIN, MICHELLE64.00 01/07/11TAYLOR, JAMES2,583.24 01/07/11THOMFORDE, FAITH1,461.80 01/07/11ADAMS, DAVID1,765.84 01/07/11GERMAIN, DAVID2,492.02 01/07/11HAAG, MARK4,437.67 01/07/11SCHULTZ, SCOTT2,914.50 01/07/11ANZALDI, MANDY1,682.98 01/07/11BRENEMAN, NEIL2,036.93 01/07/11CRAWFORD - JR, RAYMOND402.06 01/07/11EVANS, CHRISTINE1,291.92 01/07/11GLASS, JEAN2,103.67 01/07/11HANSEN, LORI2,912.02 01/07/11HER, PETER322.70 01/07/11HOFMEISTER, MARY953.28 01/07/11HOFMEISTER, TIMOTHY254.13 01/07/11KLUCAS, PETER116.00 01/07/11KULHANEK-DIONNE, ANN466.38 01/07/11OLSON, SANDRA98.00 01/07/11PELOQUIN, PENNYE601.26 01/07/11PENN, CHRISTINE2,199.26 01/07/11SMITH, TERRENCE120.00 01/07/11STARK, SUE220.50 01/07/11VANG, KAY184.69 01/07/11VUE, LOR PAO169.13 01/07/11AICHELE, MEGAN97.50 01/07/11AMUNDSON, DANIKA125.40 01/07/11ANDERSON, MAXWELL208.40 01/07/11BAUDE, SARAH73.00 01/07/11BRENEMAN, SEAN374.20 01/07/11BRUSOE, AMY122.45 01/07/11BUCKLEY, BRITTANY194.85 01/07/11BUTLER, ANGELA59.50 01/07/11CAMPBELL, JESSICA1,287.40 01/07/11DEMPSEY, BETH161.25 01/07/11DUNN, RYAN1,092.72 01/07/11ERICKSON-CLARK, CAROL49.00 01/07/11FONTAINE, KIM219.00 01/07/11GRUENHAGEN, LINDA102.45 01/07/11HANSEN, HANNAH113.25 01/07/11HEINRICH, SHEILA224.00 01/07/11HOLMBERG, LADONNA563.00 01/07/11HORWATH, RONALD2,589.01 01/07/11JOHNSON, BARBARA60.00 01/07/11JOHNSON, JAMES88.00 01/07/11JOYER, JENNA32.40 01/07/11KOHLER, ROCHELLE34.00 01/07/11KOLLER, NINA232.55 01/07/11KRONHOLM, KATHRYN563.26 01/07/11MATHEWS, LEAH23.20 01/07/11MCCARTHY, ERICA18.75 01/07/11MCCORMACK, MELISSA54.78 01/07/11NADEAU, KELLY94.35 01/07/11PROESCH, ANDY647.54 01/07/11RENFORD, NICHOLAS72.50 01/07/11RICHTER, DANIEL72.00 01/07/11RICHTER, NANCY63.00 01/07/11SCHREIER, ROSEMARIE177.75 01/07/11SCHREINER, MICHELLE119.60 01/07/11SCHUNEMAN, GREGORY109.28 01/07/11SJERVEN, BRENDA102.00 01/07/11SKUNES, KELLY113.85 01/07/11SMITH, ANN145.20 01/07/11SMITLEY, SHARON253.50 01/07/11TAYLOR, JASON21.12 01/07/11THORWICK, MEGAN18.38 01/07/11TREPANIER, TODD330.00 01/07/11TUPY, ELIANA17.00 01/07/11TUPY, HEIDE44.40 01/07/11TUPY, MARCUS207.45 01/07/11WARNER, CAROLYN215.20 01/07/11WEDES, CARYL98.00 01/07/11WEEVER, NAOMI130.50 01/07/11WOLFGRAM, MARY58.50 01/07/11WOLFGRAM, TERESA82.00 01/07/11WOODMAN, ALICE23.00 01/07/11BOSLEY, CAROL317.20 01/07/11DANIEL, BREANNA276.50 01/07/11LANGER, CHELSEA121.50 01/07/11LANGER, KAYLYN159.75 01/07/11ZAGER, LINNEA277.13 01/07/11BEHAN, JAMES2,549.16 01/07/11COLEMAN, PATRICK225.00 01/07/11DOUGLASS, TOM1,381.95 01/07/11FULFORD, ZAHKIYA224.75 01/07/11JOHNSON, JUSTIN232.50 01/07/11LONETTI, JAMES370.00 01/07/11MALONEY, SHAUNA135.00 01/07/11PRINS, KELLY1,255.63 01/07/11REILLY, MICHAEL1,915.75 01/07/11THOMPSON, BENJAMIN288.88 01/07/11VALERIO, TARA264.00 01/07/11VANG, PETER130.50 01/07/11FINWALL, SHANN3,138.95 01/07/11AICHELE, CRAIG2,026.06 01/07/11PRIEM, STEVEN2,954.18 01/07/11WOEHRLE, MATTHEW2,635.89 01/07/11BERGO, CHAD2,574.63 01/07/11FOWLDS, MYCHAL3,669.86 01/07/11FRANZEN, NICHOLAS2,413.50 01/07/11FRY, PATRICIA1,904.80 01/07/11WELCHLIN, CABOT14,232.08 100977001/07/11ABRAHAMSON, AMANDA24.75 100977101/07/11BROZAK, NICHOLAS68.00 100977201/07/11BUCZKOWSKI, ALAN51.75 100977301/07/11FERNANDEZ, JOSEPH66.00 100977401/07/11GEBHARD, MADELINE240.00 100977501/07/11GEISER, EMILY49.50 100977601/07/11GORACKI, GERALD144.00 100977701/07/11GRAVES, CONNIE40.38 100977801/07/11HANNIGAN, TYLER82.50 100977901/07/11LONDON, MARCUS96.00 100978001/07/11MUELLNER, CHADD140.00 100978101/07/11SNYDER, JOSHUA66.00 100978201/07/11ST MARTIN, ANDREW64.00 100978301/07/11THIETS, CONNOR21.75 100978401/07/11VUKICH, CANDACE61.63 100978501/07/11WISTL, MOLLY64.00 100978601/07/11BUESING, DYLAN22.80 100978701/07/11CRANDALL, KRISTA37.75 100978801/07/11FLUEGEL, LARISSA56.63 100978901/07/11GIPPLE, TRISHA72.50 100979001/07/11JOYER, ANTHONY62.90 100979101/07/11MCLAURIN, CHRISTOPHER303.30 100979201/07/11ROSTRON, ROBERT439.25 100979301/07/11TATEOSIAN, SAMANTHA29.40 100979401/07/11SCHULZE, KEVIN504.00 100979501/07/11STEFFEN, MICHAEL87.00 100979601/07/11XIONG, NAO108.75 527,458.42 MEMORANDUM TO: James Antonen, City Manager FROM: David Fisher, Building Official Chuck Ahl, Assistant City Manager SUBJECT: Consider Authorizing Funding Maplewood Heritage Award DATE: January 13, 2011, for the January 24, 2011, City Council Meeting INTRODUCTION/SUMMARY The Heritage Preservation Commission (HPC) created The Heritage Maplewood Heritage Award as part of their goals for 2010. “The Maplewood Heritage Award is an annual award recognizing an individual who has positively influenced our city's past or strengthened the preservation of Maplewood history”. The award will be an annual award with the HPC nominating, voting and recommending the recipient to the city council. The recipient will receive a plaque from the Maplewood City Council and the individual’s name will be engraved on a perpetuating plaque posted at city hall. The annual cost for this award should not exceed $100. The cost in 2011 to purchase the perpetuating plaque and the individual plaque should not exceed $500. FUNDING The funding would come from the city council program general fund (101-101). RECOMMENDATION It is recommended the council support and authorize the funding for the annual Maplewood Heritage Award. P:HPC Award CC 1-24-2011 dgf MEMORANDUM TO: FROM: Conditional Use Permit Review—Menards SUBJECT: LOCATION: DATE: INTRODUCTION Project Description BACKGROUND DISCUSSION RECOMMENDATION Spoon Lake Neighborhood Preserves 61 36 Keller Golf Course 61 Location Map Menards 2280 Maplewood Drive   r3 r3 m1 m1 r1 r1 Keller Golf Course r2 fr2 f Zoning Map 1IREVHW 1ETPI[SSH(VMZI MINUTES MAPLEWOOD CITY COUNCIL 6:30 p.m., Monday, January 26, 2009 Council Chambers, City Hall Meeting No. 02-09 L.NEW BUSINESS 2.Menard’s Lumber-Storage Building Proposal, 2280 Maplewood Drive. Action Requested: a.Conditional Use Permit Revision b.Design Approval i.Planner, Mike Martin gave the presentation and answered questions of the council. ii.Civil Engineer II, Steve Kummer answered questions of the council. iii.Thomas O’Neil, Menard, Inc. 4777 Menard Drive, Eau Claire, Wisconsin addressed and answered questions of the council. iv.Mark Olson, General Manager, Menards, 2280 Maplewood Drive, Maplewood addressed and answered questions of the council. Councilmember Rossbach moved toapprove the Conditional Use Permit Resolution for Menards, Inc. at 2280 Maplewood Drive to add a 16,750-square-foot unheated warehouse to the existing store. The city bases this approval on the findings required by the code. Approval of this CUP revision is subject to the following conditions (additions are underlined and deletions are crossed out): CONDITIONAL USE PERMIT REVISION RESOLUTION09-01-122 WHEREAS, Scott Nuttelman, of Menards, Inc. is proposing changes to a site with an existing conditional use permit to build a 16,750-square-foot warehouse addition on the south side of the building at 2280 Maplewood Drive. The legal description is: SUB TO ESMTS; PART OF FOL TRACTS SELY OF HWYS 36 & 61; EX S 100 FT PART OF SW 1/4 N OF CO RD B & PART OF SE 1/4 W OF CLIFTON ADD S OF L 107 FT N OF S L OF BLK 15 OF SD ADD EXTENDED & N OF HEINEMANS BELLEVIEW & IN CLIFTON ADD, EX E 240 FT; BLKS 15 & 16 & EX E 255 FT BLK 10 & ALSO W 120 FT OF E 255 FT OF N 30 FT OF BLK 10 (PIN 09-29-22-43-0042) WHEREAS, the history of this conditional use permit revision is as follows: 1.On November 18, 2008, 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 persons at the hearing a chance to speak and present written statements. The commission also considered reports and recommendations of the city staff. The planning commission recommended that the city council approvethe conditional use permitrevision. 2.On January 26, 2009, the city council discussed the proposed conditional use permit revision. They considered reports and recommendations from the planning commission and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approved the above-described conditional use permit revision, because: 1.The use would be located, designed, maintained, constructed and operated to be in conformity with the city's comprehensive plan and code of ordinances. 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 generate only minimal vehicular traffic on local streets and would not create traffic congestion or unsafe access on existing or proposed streets. 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. 8.The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Revision is subject to the following conditions: (additions are underlined and deletions are crossed out): 1.Adherence to the site plan date-stampedOctober 1, 2008March 8, 2006.The director of community developmentmay approve minor changes. 2.Compliance with the following screening-fence requirements: a.The property owner shall continue to have and keep, in a maintained condition, wooden screening fences as follows: (1)The eight-foot-tall screening fence west of 1071 CountyRoad B and running east-west behind 1071, 1081 and part of 1101 County Road Bbetween the parking lot and the residential lots shall remain. (2)All other screening fences that abut the residential lotsand the new fenceson the east and south sides of the property as shown on the site plan date-stamped October1, 2008shall be 14 feet tall. (3)All screening fences shall be constructed of vertical boards of the same dimension, color and material, except for the fence on the south side of the warehouse where horizontal boards may be used. b.No material on the storage racks, adjacent to the fence behind 1101 and 1115 County Road B, shall extend above the 14-foot-tall fence. c. No more than 2½ feet of the 17½-foot-tall interiorstorage racks shall be visible from the homes to the south that are at street level along County Road B. This excludes those houses that sit higher on a hill. d.Menards shall be responsible for the safety of the neighbors in regard to the materials stored over the height of the fence. 3.Hours of operation in the storage yard, garden centerand warehouseshall be limited to 7 a.m. to 10 p.m. 4.An exterior public address system shall not be allowed. 5.All lighting in the storage yard and warehousethat is not needed for site security shall be turned off after business hours. 6.The city council shall review this permit revisionin one year. 7.Plowed snow shall be stored away from the southern and eastern property lines to avoid runoff problems on residential property. 8.Menards shall store all their materials within the fenced storage area. 9.Sanitation facilities shall be provided by Menards for the employees. 10.The proposed building addition and site work must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 11. The perimeter of the building must be kept accessible for fire emergencies. The applicant shall arrange with the fire marshal for access through the gate behind the building in the case of emergencies. The Maplewood City Council approved this resolution on January 26, 2009. Seconded by CouncilmemberJuenemann. Ayes – All The motion passed. Councilmember Rossbach moved toapprove the plans date-stamped October 1, 2008, and the building elevations date-stamped October 1, 2008, for the 16,750-square-foot unheated warehouse addition to Menards at 2280 Maplewood Drive. Approval is subject to the following conditions: 1.Repeat this review in two years if the city has not issued a building permit for this project. 2.Submit for staff approval, an elevation for the south side of the warehouse that shows a revised design plan for the screening fence and warehouse. This south elevation shall show the wooden, “fence” portion of this exterior wall matching the 14-foot height of the proposed fencing on the east and west sides of the warehouse. The area above the wooden siding shall be green, corrugated metal as proposed on the building. 3.Before getting a building permit, the applicant shall: a.Submit grading, drainage, utility and erosion control plans to the city engineering department for approval. b.Submit to city staff a cash escrow or an irrevocable letter of credit for all required exterior improvements. The amount shall be 150 percent of the cost of the work. 4.All work shall follow the approved plans. Planning staff may approve minor changes. Seconded by Councilmember Nephew. Ayes – All The motion passed. MEMORANDUM TO: FROM: SUBJECT:Conditional Use Permit Review—The Seasons at Maplewood (formerlyknown as the Regent) LOCATION: DATE: INTRODUCTION BACKGROUND DISCUSSION RECOMMENDATION MINUTES MAPLEWOOD CITY COUNCIL 1.The Regents Senior Housing Development (Kennard Street and Legacy Parkway) 382 Ayes Nays Agenda Item G5 AGENDA REPORT TO: James Antonen, City Manager FROM: Jim Taylor, Recreation Program Supervisor DuWayne Konewko, Parks and Recreation Director SUBJECT: Approval of Park Naming of theLegacy Tot-Lot DATE: January 18, 2011 INTRODUCTION The Parks and Recreation Commission directed staff to begin the Parks naming process for the Legacy Tot-Lot. On July 21,staff sent out a letter to residents soliciting input on naming ideas. Staff received four options for names. At the August Parks and Recreation Commission meeting the Commission members added to that list. After compiling all of the proposed names we asked each Commission member to rank their top three choices. The names were given a points system based upon the following: st 1 Choice – 3 Points nd 2 Choice- 2 Points rd 3 Choice – 1 Point The top three were as follows: 1. Legacy Pines Park 13 Points 2. Pine Tree Legacy Park 8 Points 3. Bruce Vento Legacy Park 7 Points After staff review of these choices it was determined that all three met the park naming criteria as spelled out in the Park Naming Ordinance. At the October Parks and Recreation Commission meeting the Commissioners debated the names and voted on the name that had the most merit. The name voted on unanimously by the Parks and Recreation Commission was Legacy Pines Park. RECOMMENDATION Staff recommends the City Council approve the name change of the Legacy Tot-lot to Legacy Pines Park. Refer a friend. Build your community RESOLUTION AUTHORIZING GIFT TO CITY Signed:Signed:Witnessed: AGENDA REPORT TO: James Antonen, City Manager FROM: Michael Thompson, City Engineer/ Dep. Public Works Director Steven Love, Assistant City Engineer Steve Kummer, Civil Engineer II SUBJECT: Approval of Resolution Reducing Retainage on Existing Construction Contract, Hills and Dales Area Street Improvements, City Project 09-15 DATE: January 14, 2011 INTRODUCTION The construction contract with T.A. Schifsky and Sons, Inc. for the Hills and Dales Area Street Improvements (City Project 09-15) is 99% complete. The contractor has requested, by written notice, a reduction in contract retainage from 5% to 0.5%. The council will consider the attached resolution authorizing the City Engineer to reduce the contract retainage. BACKGROUND On May 10, 2010, the city council awarded T.A. Schifsky and Sons, Inc. a construction contract for utility and roadway improvements in the amount of $5,371,115.06. The following change orders have been approved by the city council: Change Order #1: -$29,923.02 Approved 6/14/2010 Change Order #2: $48,637.45 Approved 10/25/2010 Total Change Order: $18,714.43 The revised approved awarded construction contract total is $5,389,829.49. DISCUSSION The total amount of work completed to date is $5,336,938.65, or 99% of the approved contract amount. The total contract amount due to date is the summation of the total quantities paid minus 5% retainage. Therefore: Total amount of work completed to date: $5,336,938.65 5% Retainage: - 266,846.93 Total contract amount due to date: $5,070,091.72 Staff has been working with the contractor to finalize quantities for the remainder of the year. City staff and the contractor agree to the quantities paid for work to date. The contractor has fulfilled a majority of their obligation to punch list items and other required project contract work for the remainder of the year. At this time staff does not believe a reduction of retainage to 0.5% is warranted. However, a reduction in contract retainage to 1% is justified based on the amount of completed work and remaining punch list items to be completed. BUDGET IMPACT The total amount of retainage held to date is $266,846.93. A retainage reduction to 1% will decrease this amount to $53,369.39, thereby releasing $213,477.54 owed to the contractor. An adjustment in retainage does not increase or decrease the total approved contract amount. No contract or budget adjustments are needed. RECOMMENDATION It is recommended that the city council approve the attached resolution directing the City Engineer to reduce retainage on the existing construction contract for City Project 09-15 to 1%. Attachments: 1. Resolution 2. Location Map 3. Contractor Letter RESOLUTION DIRECTING REDUCTION OF RETAINAGE ON EXISTING CONSTRUCTION CONTRACT PROJECT 09-15 WHEREAS, the City Council of Maplewood, Minnesota has previously ordered Improvement Project 09-15, Hills and Dales Area Street Improvements, and has let a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the contractor, T.A. Schfisky and Sons, Inc., has requested, by written notice, a reduction in contract retainage, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA that the retainage within the construction contract is hereby authorized to be reduced, at the discretion of the City Engineer, from 5% to 1%. th Adopted by the council on this 24 day of January, 2011. AGENDA ITEM G9 AGENDA REPORT DATE: TO: FROM: SUBJECT:2011 Pay Rates for Temporary/Seasonal, Casual Part-Timeand Employees BACKGROUND RECOMMENDATION RESOLUTION Firefighter-in-Training (new hire)**$10.00per hour Firefighter/EMT**$12.00per hour Firefighter/Paramedic**$13.00per hour Firefighter/EMT Captain**$14.00 per hour Firefighter/Paramedic Captain**$15.00per hour Battalion Chief**$16.00per hour AGENDA REPORT TO: City Manager,Jim Antonen FROM: IT Director, Mychal Fowlds SUBJECT:Payment of Safari Software Maintenance Fees DATE: January 19, 2011 Introduction Support contracts for software are a major necessity due to the fact that there are always fixes and updates and without the support contracts we’re entitled to none of these. Also, in order to speak with any of our third party vendors a support contract is required. Background The Maplewood Park and Recreation department and the Maplewood Community Center purchased Recware Safari roughly 6yearsago and the support contract is due. Budget Impact This purchase will be funded from the 2010IT Fundin the amount of $11,466.31. Recommendation It is recommended that authorization be given to pay the support contract for Safari so as to keep current with updates and to keep Safari support available for staff. Action Required Submit to City Council for review and approval. THIS PAGE IS INTENTIONALLY LEFT BLANK Item J1 MEMORANDUM TO : James Antonen, City Manager FROM: Karen Guilfoile, Director Citizen Services DATE: January 19, 2011 RE: Approval of On-Sale Intoxicating Liquor License for the Myth Nightclub Introduction Michael Miranowski has submitted an application for an on-sale intoxicating liquor license for the Myth Nightclub located at 3090 Southlawn Avenue. Background As required by City ordinances, the necessary background investigation was completed by the Police Department on Mr. Miranowski. The background check included: - A state criminal history check - An NCIC person query - A Ramsey County warrant check - A check for contacts with the Maplewood Police Department For business licenses the following sources were checked for information regarding the named business and/or owners/partners/corporation: - MN Secretary of State website - MN DPS Alcohol and Gambling Enforcement - US Better Business Bureau - MN/ND Better Business Bureau There was nothing found that would prohibit Mr. Miranowski from holding a liquor license in the City. He has been given a copy of the City Code of Ordinances that applies to being an intoxicating liquor license holder and has met with Chief Thomalla to discuss measures to eliminate the sale of alcohol to underage persons, general security and retail crime related issues. Section 44-17 of the city zoning code states that businesses must supply off-street parking spaces on their site to accommodate the maximum occupancy of the building. In this case the occupancy is 4,440. The Myth property only has 371 off-street parking spaces on their site which allows a maximum occupancy of 1,450. Following the building and fire code, to accommodate the maximum occupancy of 4,400 people the Myth would need a total of 1,108 parking spaces. When the Myth was previously open an additional 737 parking spaces were leased from the Maplewood Mall. The parking agreement was approved by the city council along with several conditions to ensure adequate security, clean up, etc., on the leased parking spaces. As additional parking spaces are acquired through lease agreements, Mr. Miranowski will be required to submit the agreements to the Planning Department who will in turn bring the agreements and related information to the city council for their approval before the occupancy limit will be increased. Recommendation It is recommended that the City Council approve the liquor license application with the stipulation that the maximum occupancy of the building be 1,450. Any change in occupancy limit must be approved by the city council based on additional parking spaces secured by lease agreements and approved by the city council. It is further recommended that the applicant meet with Police Chief Thomalla for review of security and related issues approximately six months after the Myth opens. Chief Thomalla will then prepare a status report to the city council of his findings. Item J2 AGENDA REPORT TO: FROM: RE: DATE: Introduction Background Consideration BUSINESS NAME - OWNER - ADDRESS - CHANGE OF MANAGER OR OWNER DATE COMPLIANCECOMPLIANCE FAILUREDATESTATUSCOURT DATESTAFF RECOMMENDATIONCOUNCIL ACTION A1 LIQUOR - 19 CENTURY AVE SO TOBACCO07/13/2010PENDING - COUNCIL ACTION09/13/2010PROPOSED $250 FINE KELLER LAKE CONVENIENCE - 2228 MAPLEWOOD DR TOBACCO08/02/2006COMPLETED10/16/2006PROPOSED $250 FINE08/28/2006 - APPROVED $250 FINE ALCOHOL10/14/2006COMPLETED10/04/2007PROPOSED $500 FINE04/12/2010 - APPROVED $500 FINE TOBACCO12/06/2007COMPLETED12/14/2009PROPOSED $500 FINE04/12/2010 - APPROVED $500 FINE TOBACCO10/15/2009PENDING - COUNCIL ACTION08/09/2010PROPOSED $750 FINE MEMORANDUM TO: James Antonen, City Manager FROM: Tom Ekstrand, Senior Planner Chuck Ahl, Assistant City Manager Conditional Use Permit Revision–Woodland Hills Church SUBJECT: (simple-majority vote required for approval) LOCATION: 1740 Van Dyke Street DATE: January 3, 2011 INTRODUCTION Woodland Hills Church, located at 1740 Van Dyke Street, is requesting that the city council revise their conditional use permit (CUP) so they may operate a temporary homeless shelter. The proposed shelter would be provided through Woodland Hills’ affiliation with Project Home, a program operated by the St. Paul Area Council of Churches currently providing shelter at area churches for those in need. Project Description This proposal would be considered temporary since the applicant proposes to provide this service twice a year. Each occasion would be for up to a one month period—two months per year total. According to Pastor Mary Anderson, Woodland Hills Church would provide the following spaces for this use: Kitchen area—for volunteers to prepare snacks Classrooms—three or four for families to sleep Classrooms—one or two for overnight volunteers to sleep Multi-purpose Room—for families to watch movies or for kids to play Pastor Anderson explained the following: “Once the Ramsey County Family Service Center at 2001 Van Dyke Street is full, the St. Paul Area Council of Church’s Project Home Program would provide all the needed materials to house additional homeless families at area churches. Project Home receives funding to operate two churches per month, but occasionally they receive additional funding for a third church site. Woodland Hills has been a third church site in the past. The churches host for month at a time at their site. Each site houses up to 20 total people per night that are all families with children. It can be a single or two-parent family. On a given night, it typically consists of four to five adults and 12 to 15 children at full capacity. All beds and bedding are provided by Project Home. Woodland Hills Church would like to host Project Home twice per year, depending on the need. We don’t have assigned months but rather choose a month or two when there is funding available for Project Home to host a third church site. Each day a bus would bring the assigned families to each church that is hosting. One bus delivers the families to each site. Our families arrive soon after 6:00 p.m. each night. They are here with at least three volunteers and two overnight volunteers each night. The same bus will arrive somewhere around 7:00-7:30 each morning to pick up the families and bring them back to th Family Place the, 244 E 10 Street, downtown St. Paul. This is where the families reside during the day. The volunteers receive training at our site through Project Home and our staff as to the rules, guidelines and emergency procedures.” BACKGROUND January 10, 2000: The city council approved a CUP for a church, a comprehensive land use plan amendment from BC (business commercial) C (church) and amended the liquor license requirements to exempt the 100-foot spacing requirement for churches from on-sale/off-sale liquor establishments in instances where the liquor store was in operation before the church entered the neighborhood. (Note: at the time of the 2030 Comprehensive Land Use Plan adoption on January 25, 2010, the land use classification was changed from C to MU, mixed use.) The CUP was approved subject to the following conditions: 1. All construction shall follow the site plan approved by the city. The director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The applicant shall do the following immediately with the Phase 1 improvements: overlay and restripe the parking lot on the west side of the building, patch pot holes in the parking lot on the remainder of the site, remove all litter, damaged items and debris, remove the wooden fence and restore the grass. 5. The landscape plan shall be submitted to the community design review board for approval before any landscaping is added. 6. Plans for any changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board for review and approval. February 1, 2001: The city council approved a one-year extension of Woodland Hill’s CUP in order to check the progress of the church’s construction. April 8, 2002: The city council approved a one-year extension of Woodland Hill’s CUP in order to check the progress of the church’s construction. June 9, 2003: The city council moved to review the CUP for Woodland Hills Church again only if there are changes proposed to the CUP, there is an expansion to the facility or if a problem arises. DISCUSSION Woodland Hills Church has provided temporary shelter through Project Home on three one- month occasions over a span of 1 ½ years. The city learned about this recently due to a paramedic call to the church for a child. Once learning about this use, the community development staff contacted the church about the need for a CUP revision. Staff Comments The building official and health officer have commented on this proposal and have the following comments: Building Official The city will require a complete building code analysis from a design professional. This will include items such as separation, exiting, and code update requirements. Building/construction plans are required by a registered design professional. Verification that the mechanical system meets code requirements is required. Verification of adequate bathroom facilities is required. The building is required to have an automatic fire suppression system. The building may be required to update the NFPA 72 fire alarm system. Accessible parking is required. The contractor shall have a pre-construction meeting with the city staff. Health Officer Because food will be prepared for the temporary residents, per the Minnesota Food Code, Minnesota Rules 4626, any time food is served to the public (regardless of whether a fee is charged or not) a commercial food establishment license must be obtained. Therefore, the requirements set forth in Minnesota Rules 4626 would need to be met by the Woodland Hills Church. Included (but not limited to) in these requirements are minimum standards for equipment, ventilation, dishwashing and hand washing facilities, and room/area finish schedule. These requirements are in place to protect the public’s health in regards to a food-borne illness. Police The church must provide supervision at night while shelter guests are present. Neighbor’s Comments Staff surveyed the owners of the 95 surrounding properties within 500 feet for their comments. We received 17 replies. Of the 17 replies, eight were in favor, six were opposed and three expressed “no comment or no objection.” Those opposed commented that: The Ramsey County Family Service Center was already in the neighborhood. Why add another? Let other areas do their share. It would bring in crime into the area. It would depreciate residential property values. Staff spoke to Chief Thomalla about the question of crime related to the Ramsey County Family Service Center and the potential of a crime increase because of the proposed facility. Chief Thomalla said that Family Service Center has generated 226 calls for service dating back to 2005. It is nearly impossible to quantify the crime residents or visitors may have caused in the area around the Family Service Center. As for whether the proposed temporary shelter would pose a threat for more crime, it doesn’t seem likely. The proposed shelter would only house up to 20 people at a time and would be only for two months out of the year. Furthermore, the shelter has been in operation for 1 1/2 years now for three one-month-long periods without the city’s or the neighborhood’s knowledge. If it wasn’t for an ambulance run to the church, it would likely still be unknown. The Ramsey County assessor’s office has explained that factors such as unmaintained and trashy properties would affect property values, not the proposed use. Staff concurs and does not feel that a temporary shelter to serve 20 persons two months out of the year would affect the property value of any nearby home. We understand that it is a matter of the “perception” of a potential home buyer that is the question. But, at such a limited use, staff does not feel that there would be any true noticeable effect on the neighborhood. CUP Findings for Approval The zoning ordinance requires that the city council find that all nine “standards” for CUP approval be met to allow a CUP. In short, these state that the use would (refer to the resolution for the complete wording): Comply with the city’s comprehensive plan and zoning code. Maintain the existing or planned character of the neighborhood. Not depreciate property values. Not cause any disturbance or nuisance. Not cause excessive traffic. Be served by adequate public facilities and police/fire protection. Not create excessive additional costs for public services. Maximize and preserve the site’s natural and scenic features. Not cause adverse environmental effects. The proposed temporary shelter meets these nine criteria. Summary Staff recommends approval of this CUP revision as proposed since it meets the criteria for CUP approval. The applicant would need to complete the building and equipment upgrades as noted above to comply with all applicable code requirements. Any revisions or expansion in this program would need to be reviewed by the city council. COMMISSION ACTION December 7, 2010: The planning commission recommended approval of this CUP revision request. The planning commission added a condition that “the applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year operation of the homeless shelter.” BUDGET IMPACT None. RECOMMENDATION Adopt the resolution approving a conditional use permit revision for Woodland Hills Church, located at 1740 Van Dyke Street, to operate a temporary homeless shelter two months each year. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan approved by the city. Staff the director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a time as proposed. 5. Woodland Hills Church shall provide constant supervision when the temporary shelter is in operation. 6. Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning the operation of the temporary shelter. 7. Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8. Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9.The applicant shall do the following immediately with the Phase 1 improvements: overlay and restripe the parking lot on the west side of the building, patch pot holes in the parking lot on the remainder of the site, remove all litter, damaged items and debris, remove the wooden fenceand restore the grass. 10.The landscape plan shall be submitted to the community design review board for approval before any landscaping is added. 11.Plans for any changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board for review and approval. 12. The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year operation of the homeless shelter. CITIZEN COMMENTS Staff surveyed the owners of the 95 properties within 500 feet of the Woodland Hills Church property. Of the 17 replies, eight were in favor, six were opposed and three expressed “no comment or no objection.” In Favor 1. As long as the operation does not attract criminal activity and/or infringe on my property, I do not have objection. This neighborhood, and I in particular, have been the victim of burglaries and vandalisms in the past. (Lallier, 1908 Ripley Avenue) 2. Whatever it takes to keep people and children off the streets in the winter or summer, to keep them warm and fed, should be done. I support Woodland Hills’ decision. (Wittenberg, 1665 Darlene Street) 3. Great idea. (Soderbeck, 1915 Larpenteur Avenue) 4. We are all for it. It’s great they are stepping forward to meet a growing community need. They deserve our support. (Johnson, 1935 Larpenteur Avenue) 5. As we are both aware, many families have members that have lost their jobs and their homes. In today’s economy, many shelters get filled very quickly. No one should have to spend the night outside sleeping, adults or children. Both my wife and I have NO OBJECTIONS at all with Woodland Hills Church requesting permission to provide temporary shelter for those seeking shelter overnight. We are not members of Woodland Hills Church but they have been excellent neighbors. (Frank, 1921 Price Avenue) 6. I think this is a very good idea as there is a great need for it. I support your commitment wholeheartedly. Glad the safety issue is addressed and there will be supervision. (Seckinger, 1657 Darlene Street) 7. I am totally in support of the proposal. Anything that can be done to help or assist the homeless is fine with me. Especially families or mothers with children. I have seen bad examples of homeless men (rude behavior, urinating in public) but I believe these behaviors to be exceptions. I hope you decide to approve the proposal and I applaud Woodland Hills Church for their efforts. (Ekegren, 1644 Craig Place) 8. I have no problems with the church doing this. In fact, families with children could stay year round. (Possert, 1840 Larpenteur Avenue) Opposed 1. I am not in favor of this project. (Engebretson, 1642 Van Dyke Street) 2. I think one homeless shelter in the neighborhood is plenty. I think we’re doing our share. (DLP Foods Inc, 1829 North St. Paul Road) 3. I am opposed of this action. My back yard overlooks Woodland Hills. We have a homeless shelter already in Maplewood. Another BIG concern of mine is I do plan on selling this house in the future and I fear the people would find out this information and not want to buy it for reasons such as this and depreciate the value of my home. (Enstad, 1899 Larpenteur Avenue) 4. We have a homeless shelter two blocks from our home. We have low income apartments two blocks from our home and we have low income townhomes two blocks from our home. We already have a temporary shelter through Project Home less than two miles from our home. I think it’s time for some other area to do their share. We don’t feel a shelter so close to our homes with children is a good idea. I would hope Maplewood would keep any meetings or public hearings to Maplewood Residents. (Casura, 1936 Ripley Avenue) 5. Refer to the letter from Cheryl Ann Hagel, 1674 Craig Place. 6. Refer to the letter from Richard Thomalla, 1908 Kingston Avenue. No Comment or Objections 1. I have no objection (Received by telephone, no ID or address) 2. I have no issues with this. (LARP LLC, 166 N. Concord Exchange) 3. I have no comment. (Lee and Chiaxang, 1671 Hazel Street) REFERENCE INFORMATION SITE DESCRIPTION Site size: 13.69 acres Existing land use: Woodland Hills Church SURROUNDING LAND USES North: Ripley Avenue, South China Island Restaurant and Goodrich Golf Course South: Plaza Theater, single dwellings and Larpenteur Avenue East: Single dwellings West: Van Dyke Street and commercial businesses PLANNING Land Use Plan designation: MU (mixed use) Zoning: MU CODEREQUIREMENTS Section 44-1092(3) of the city ordinances requires a CUP for churches and institutions of any educational, philanthropic and charitable nature. FindingsforCUPApproval Section 44-1097(a) requires that the city council base approval of a CUP on nine findings. Refer to the findings for approval in the resolution. APPLICATION DATE The application for this request was complete on November 3, 2010. State law requires that the city decide on land use applications within 60 days. Statute also allows the city to extend this review period an additional 60 days if more time is needed for review. Because of the holidays, and the closing of the council chambers for various system upgrades, staff has extended the review period for this matter an additional 60 days. The deadline for council action, therefore, is now March 3, 2011. p:sec14\woodland hills church temporary homeless shelter CUP CC Report 01 11 te Attachments: 1. Zoning Map 2. Land Use Plan Map 3. Applicant’s Written Narrative 4. Letter from Cheryl Ann Hagel dated November 8, 2010 5. Letter from Richard Thomalla dated November 14, 2010 6. Resolution Attachment 6 CONDITIONAL USE PERMIT REVISION RESOLUTION WHEREAS, Woodland Hills Church applied for a conditional use permit revision to operate a temporary homeless shelter. WHEREAS, Section 44-1092(3) of the city ordinances requires a conditional use permit for churches and institutions of any educational, philanthropic and charitable nature. WHEREAS, this permit applies to the property located at 1740 Van Dyke Street. The legal description is: PID # 14 29 22 33 0001 WHEREAS, the history of this conditional use permit is as follows: 1. On December 7, 2010, 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 January10, 2011, the city council considered reports and recommendations of the city staff and planning commission. NOW, THEREFORE, BE IT RESOLVED that the city council __________ 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. 8. The use would maximize the preservation of and incorporate the site's natural and scenic features into the development design. The use would cause no more than minimal adverse environmental effects. 9. Approval is subject to the following conditions: 1. All construction shall follow the site plan approved by the city. Staff may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a time as proposed. 5. Woodland Hills Church shall provide constant supervision when the temporary shelter is in operation. 6. Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning the operation of the temporary shelter. 7. Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8. Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9. The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year of the homeless shelter. The Maplewood City Council __________ this resolution on ___________. DRAFT MINUTES OF THE MAPLEWOOD PLANNING COMMISSION 1830 COUNTY ROAD B EAST, MAPLEWOOD, MINNESOTA TUESDAY, DECEMBER 7, 2010 5. PUBLIC HEARING a. Conditional Use Permit Revision, Woodland Hills Church Request for a Temporary Homeless Shelter, 1740 Van Dyke Street. a. Senior Planner Tom Ekstrand gave the report and answered questions of the council. Chairperson Fischer opened the public hearing. The following people spoke regarding the public hearing. 1. Mary Anderson, Associate Pastor, Woodland Hills Church, 1740 Van Dyke Street, Maplewood, spoke on the churches behalf. 2. Marlene L’Alleu, 1908 Ripley Avenue, Maplewood, objected to this shelter in her neighborhood since she felt it would decrease her property value and be an unsafe element in the neighborhood. 3. Sara Liegl, Director of Project Home, 1671 Summit Avenue, St. Paul, spoke on the churches behalf. Chairperson Fischer closed the public hearing. Commissioner Pearson moved to approve the resolution approving a conditional use permit revision for Woodland Hills Church, located at 1740 Van Dyke Street, to operate a temporary homeless shelter two months each year. Approval is based on the findings required by ordinance and subject to the following conditions (additions are underlined and deletions are crossed out): 1. All construction shall follow the site plan approved by the city. Staff the director of community development may approve minor changes. 2. The proposed use must be substantially started within one year of council approval or the permit shall become null and void. The council may extend this deadline for one year. 3. The city council shall review this permit in one year. 4. The temporary homeless shelter shall be limited to a period of two months each year. The number of residents sheltered shall not exceed 20 persons at a time as proposed. 5. Woodland Hills Church shall provide constant supervision when the temporary shelter is in operation. 6. Woodland Hills Church shall comply with all requirements of the Maplewood Building Official, Fire Marshal and Health Officer prior to beginning the operation of the temporary shelter. 7. Any changes in use or the operation of the temporary shelter or expansion of the church shall require review by the city council. 8. Any plans for changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board, for review and approval. 9.The applicant shall do the following immediately with the Phase 1 improvements: overlay and restripe the parking lot on the west side of the building, patch potholes in the parking lot on the remainder of the site, remove all litter, damaged items and debris, remove the wooden fence and restore the grass. 10.The landscape plan shall be submitted to the community design review board for approval before any landscaping is added. 11.Plans for any changes to the building exterior, other than painting or repairs, shall be submitted to the community design review board for review and approval. December 7, 2010 1 Planning Commission Meeting Minutes 12. The applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year operation of the homeless shelter. Commissioner Boeser added a friendly amendment that “the applicant shall notify city staff prior to operating the temporary shelter so the city can assure compliance with the allowed two months per year operation of the homeless shelter. The friendly amendment was accepted by Commissioners Pearson and Bierbaum. Seconded by Commissioner Bierbaum. Ayes – All The motion passed. December 7, 2010 2 Planning Commission Meeting Minutes