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HomeMy WebLinkAbout08-10-2009 MINUTES MAPLEWOOD CITY COUNCIL 6:30p.m.,Monday,August 10,2009 Council Chambers, City Hall Meeting No. 16-09 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:35p.m.by Mayor Longrie. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Diana Longrie, MayorPresent Erik Hjelle, CouncilmemberPresent Kathleen Juenemann, CouncilmemberPresent John Nephew, CouncilmemberPresent Will Rossbach, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added by the council. H1.National Night Out Follow up –Councilmember Juenemann H2.CouncilmembersattendingStaff Meetings–Councilmember Hjelle H3.I-94 Corridor Meeting Update–MayorLongrie H4.Maplewood Monthly Council Cornerclarification-MayorLongrie Mayor Longriemoved to approve the agenda as amended. Seconded by Councilmember RossbachAyes –All The motion passed. E.APPROVAL OF MINUTES Approval of July 13, 2009, City Council Meeting Minutes for July 20, 2009. Councilmember Nephewmoved to approve the July 13, 2009, City Council Meeting Minutes for July 20, 2009, minutes as submitted. Seconded by CouncilmemberJuenemannAyes –All The motion passed. Approval of July 27, 2009, City Council Workshop Minutes CouncilmemberNephewmoved to approve the minutes as submitted. Seconded by CouncilmemberRossbach.Ayes –All 116 Page of The motion passed. Approval of July 27, 2009, City Council Meeting Minutes Councilmember Nephewmoved to approve the minutesas submitted. Seconded by CouncilmemberRossbach.Ayes –All The motion passed. F.VISITOR PRESENTATIONS –PART I 1.Frederica Musgrave, 1949 Greenbrier Street, Maplewood.Ms. Musgrave voiced her concerns about duragatory remarks that were being written about her on a councilmember’s website. She was also concerned about the proposed to increase copying costs from .5 to .25 on the consent agenda. She also mentioned her concerns about the Markham Pond Retaining Wall. G.ADMINISTRATIVE PRESENTATIONS None. H.COUNCILPRESENTATIONS 1.National Night Out Update –Councilmember Juenemann asked Maplewood Police Chief Thomalla to give an update on the number of parties that were held. 2.Councilmembers attending Staff Meetings –Councilmember Hjelle asked City Manager, Antonen if there have been councilmembers at staff meetings since he began working for the City. 3.I-94 Corridor Meeting Update –Mayor Longrie indicated that the next meeting is Thursday, August 13, 2009. 4.Maplewood Monthly Council Corner clarification –Mayor Longrie said in November 2008 the council did receive a schedule outlining which councilmember would be writing for which month. In December 2008 the council received a confirmation of which councilmember would be writing articles for2009. Mayor Longrie said she was scheduled to write her article which was due July 2, 2009, and was submitted on time by that date for August. The item about Council Corner came on the agenda for the council meeting July 13, 2009. Under the council rules and procedures, in order for a councilmember to put something on the agenda for a council item to be considered it would have been due July 6, 2009. The staff needs items a whole month in advance for planning purposes before the Maplewood Monthly gets printed. Maplewood Monthly went to print after the motion to suspend the council corner was tabled until the next year for discussion of policy for the future until January 2010. 216 Page of I.APPOINTMENTS AND PRESENTATIONS None. **Because it wasn’t quite 7:00 p.m. to begin the public hearing Mayor Longrie allowed Maplewood business owner Roger Loganfrom 2228 Maplewood Drive, Maplewood,to speak to the council regarding acomplaintwith the Maplewood Police department. J.PUBLIC HEARINGS 1.Stillwater Road/TH 5 Improvements, Project 09-04 a.Public Hearing 7:00 p.m. b.Resolution Ordering Improvement After Public Hearing i.City Engineer, Michael Thompson gave the report and answered questions of the council. ii.Acting City Manager, Public Works Director, Chuck Ahl answered questions of the council. Mayor Longrie opened the public hearing. 1.Bernard Kennedy, 2532 Stillwater Road, Maplewood. 2.Michael Keeley, 2524 Stillwater Road, Maplewood. 3.Theresa Deutch, 2678 Stillwater Road, Maplewood 4.Mike Lobinski, 2516 Stillwater Road, Maplewood. 5.Gerald Keeley, 2524 Stillwater Road, Maplewood. 6.Kay Bolden, 2550 Stillwater Road, Maplewood. 7.MarkBrown, 2588 Stillwater Road, Maplewood. 8.William Lindberg, 2552 Stillwater Road, Maplewood. 9.Judy Hink,5123 ElliottMinneapolis, Principal,Gethsemane School, Maplewood. 10.Jim Lobinski, 2546 Stillwater Road, Maplewood. 11.John O’Fallan, 2670 Stillwater Road, Maplewood. 12.Mike McGinn, 960 Bartlemy Lane,Maplewood. Mayor Longrie closed the public hearing. Councilmember Nephewmoved to approvethe resolution orderingthe Stillwater Road/TH 5 Improvements, City project 09-04.The scope of the project should be based on the easements approved by each individual landowner. RESOLUTION 09-08-238 ORDERING IMPROVEMENT AFTER PUBLIC HEARING WHEREAS, a resolution of the City Council adopted the 27th day of July, 2009, fixed a date for aCouncil hearing on the proposed Stillwater Road/TH 5 Street, Sidewalk, and Drainage Improvements, City Project 09-04. AND WHEREAS, ten days mailed notice and two weeks published notice of thehearing was given, and the hearing was duly held on August 10th, 2009, and the Council has heard all persons desiring to be heard on the matter and has fully considered the same; AND WHEREAS, the City Engineer or designated representative had been duly directed on July 27th, 2009 to prepare final plans and specifications for the making of said improvement; 316 Page of 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 Stillwater Road/TH 5, City Project 09-04. 2.Such improvement is hereby ordered as proposed in the Council resolution adopted this 10th day of August 2009. 3.The Finance Director is hereby authorized to make the financial transfers necessary to implement the financing plan for the project. A project budget of $2,208,700 shall be established as previously approved on July 27th, 2009. The proposed financing plan is as follows: Financing Source Amount ARRA Stimulus Funds$ 800,000 Mn/DOT Funds(Mill & Overlay)$ 800,000 Municipal State Aid Funds$ 508,700 Maplewood EUF $ 100,000 Total$ 2,208,700 Seconded by CouncilmemberJuenemann.Ayes –All Councilmember Rossbachmade a friendly amendment that the scope of the project should be based on the easements approved by each individual landowner. The friendly amendment was accepted by Councilmember Nephew. The motion passed The city council took a short recess at 9:10 a.m. The council reconvened at 9:30 p.m. K.UNFINISHED BUSINESS 1.Consider Amending Chapter 12 Building and Building Regulations and Call For First Reading On August 24, 2009. a.Community Development & Parks Director, DuWayne Konewko gave the report and answered questions of the council. b.City Attorney, Alan Kantrud answered questions of the council. c.Building Official, David Fisher answered questions of the council. No Actionwastaken. The City Councilrequested that staff get statistics for one year increments in addition to the past two years regarding the items discussed during the council meeting and that city staff schedule a workshop to discussthis item after its been heard by the Housing and Redevelopment Authority.Mayor Longrie would like to know the amount ofstaff time used on this, number of complaints that the city has received;how many of those complaints involved transients who were living there,if it was an issue of utilities shut off.Along with court time spent on these issuesand the number of foreclosed homes in Maplewood. This information should be brought back to the council for a workshop. 416 Page of 2.Conditional Use Permit Review –Beaver Lake Town Houses, Maryland Avenue and Lakewood Drive a.Community Development & Parks Director, DuWayne Konewko gave the report and answered questions of the council. b.City Engineer, Michael Thompson answered questions of the council. Councilmember Nephewmoved toapprove the conditional use permit for the planned unit development for the Beaver Lake Town Houses at Maryland Avenue and Lakewood Drive again in one year or sooner if the owner proposes a major change to the site or to the project plans. Seconded by CouncilmemberRossbach.Ayes –Councilmembers Juenemann, Nephew & Rossbach Nays –Mayor Longrie Councilmember Hjelle The motion passed. L.NEW BUSINESS 1.Hills & Dales Area Street Improvements, City Project 09-15, Resolution Ordering Preparation Of Feasibility Study. a.City Engineer, Michael Thompson, gave the report and answered questions of the council. Councilmember Nephewmoved toapprove the resolution ordering the preparation of the feasibility study for the Hills & Dales Area Street Improvements, Project 09-15. RESOLUTION09-08-239 ORDERING PREPARATION OF A FEASIBILITY STUDY WHEREAS, it is proposed to make improvements to the Hills & Dales Area Streets, City Project 09-15 and to assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: That the proposed improvement be referred to the city engineer for study and that he is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost effective and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. FURTHERMORE, funds in the amount of $80,000 are appropriated to prepare this feasibility report. th Approved this 10day of August 2009. Seconded by CouncilmemberRossbach.Ayes –Councilmembers Juenemann, Nephew & Rossbach 516 Page of Nays –Mayor Longrie Councilmember Hjelle The motion passed. 2.Consider Resolution Of Support For Gladstone Neighborhood Livable Communities Grant. a.Community Development & Parks Director, DuWayne Konewko gave the report and answered questions of the council. b.Assistant City Manager, Public Works Director, Chuck Ahl answered questions of the council. Councilmember Hjellemoved toapprove thecity’s request for a one-year extension (expiring December 31, 2010) to the city’s Livable Communities Account grant for the Gladstone (Changing the word will to can) neighborhood. Resolution 09-08-240 of Support for the Gladstone Neighborhood Livable Communities Act Extension WHEREAS, in 2006 the City of Maplewood received a Livable Communities Demonstration Account Grant (hereinafter termed the “grant”) in the amount of $1.8 million for public improvements associated with Phase I redevelopment of the Gladstone Neighborhood. WHEREAS, the grant is dependent on the completion of the proposed senior housing development as specified in the April 2007 Gladstone Neighborhood Redevelopment Master Plan and the associated public improvements along Frost Avenue and East Shore Drive. WHEREAS, the original grant expiration date was December 31, 2008. WHEREAS, due to the delay in the senior housing development the city wasgranted a one-year grant extension (December 31, 2009) by the Metropolitan Council for the use of the grant funds. WHEREAS, the city has been in discussions with a prospective developer for the completion of the senior housing development and the city hopes to have a development agreement for the senior housing in place by the end of August 2009. WHEREAS, due to the continued delay of the senior housing development the city is unable to complete the public improvements associated with the grant by the December 31, 2009, expiration date and is requesting an additional one-year extension (December 31, 2010) of the grant from the Metropolitan Council. WHEREAS, the Metropolitan Council has placed the grant review on the August 17, 2009, Community Development Committee agenda for consideration. NOW, THEREFORE, BE IT RESOLVED that the Maplewood city council would like to express our full support of the proposed one-year grant extension to the Community Development Committee and indicates. The city council further asserts that they have full faith that the senior housing can development and associated public improvements willbe complete by the requested new expiration date of December 31, 2010. The Maplewood City Council adopted this resolution on August 10, 2009. 616 Page of Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. M.CONSENT AGENDA 1.Councilmember Nephewmoved to approve items3, 5, 7-9. Seconded by CouncilmemberHjelle.Ayes –All The motion passed. 2.Mayor Longrie moved to approve item1. Seconded by CouncilmemberNephew.Ayes –All The motion passed. 3.CouncilmemberJuenemannmoved to approve item2. Seconded by Mayor Longrie.Ayes –All The motion passed. 4.Councilmember Rossbachmoved to approve item4. Seconded by CouncilmemberNephew.Ayes –Councilmember Juenemann, Nephew & Rossbach Nays –Mayor Longrie & Councilmember Hjelle The motion passed. 5.Mayor Longrie moved to approve item 6. Seconded by Councilmember Hjelle.Ayes –All The motion passed. 6.Councilmember Hjelle moved to approve item 10. Seconded by Councilmember Nephew.Ayes –Councilmembers Hjelle, Juenemann, Nephew, & Rossbach 716 Page of Nay –Mayor Longrie The motion passed. 1.Approval of Claims Mayor Longrie moved Approval of Claims. ACCOUNTS PAYABLE: $374,863.65Checks # 78937thru # 78995 Dated 07/28/09 $ 140,019.31Disbursements via debits to checking account Dated 07/17/09thru 07/24/09 $363,316.42Checks # 78996thru # 78069 Dated 07/24/09 thru 08/04/09 $ 353,864.52Disbursements via debits to checking account dated 07/24/09 thru 07/31/09 __________________ $ 1,232,063.90Total Accounts Payable PAYROLL $621,170.13Payroll Checks and Direct Deposits dated 07/24/09 $ 2,341.75Payroll Deduction check #1007487thru #1007488 dated 07/24/09 ___________________ $623,511.88Total Payroll GRAND TOTAL $ 1,855,575.78 Seconded by Councilmember Nephew.Ayes –All The motion passed. 2.Approval Of Resolution Certifying Election Judges For The September 15, 2009, Municipal Primary Election CouncilmemberJuenemannmoved toapprove the resolution certifying the election judges for the September 15, 2009, Municipal Primary Election. RESOLUTION 09-08-241 ACCEPTING ELECTION JUDGES RESOLVED , that the City Council of Maplewood, Minnesota, accepts the following list of Election Judges for the2009 LocalPrimary Election, to be held on Tuesday, September 15, 2009. 816 Page of Ahrens, Fran Engel, Carol Johannessen, Judith Albu, Josephine Erickson, Elizabeth Johnson, Barbara Albu, Verle Erickson, Eric Johnson, Mary Anderson, Christina Erickson, Sue Johnson, Warren Anderson, Elsie Evans, Joan Jones, Julia Anderson, EugenaFeld, Robyn Jones, Shirley Anderson, Suzanne Finch, RobertaJurmu, Joyce Anderson, Vivian Fischer, LorraineKansier, Christine Ansari, Ahsan Fischer, MaryKirchoff, Harold Arnold, Carole Fischer, PeterKliever, Rosemary Baluyut, Jennifer Fitzgerald, Delores Knauss, Carol Barrett, Marlis Fosburgh, Anne Knutson, Lois Bartelt, Joan Fowler, Cynthia Koch, Rosemary Bedor, David Francis, Gretchen Kolasa, Joan Belland, Jaime Francis, Robert Kramer, Dennis Berg, Helen Franssen, Mary Ann Kramer, Patricia Berry, Robert Franzen, James Krause, Bruce Betancourt, Lisa Franzen, Nick Krekelberg, Mona Lou Bieniek, Robert Freer, Mary Jo Kwapick, Clemence Boehm, Catherine Friedlein, Charlene Lackner, Marvella Bolden, Donita Friedlein, Richard Lally, Rita Bonfig, Natalie Fritsche, Samantha Lampe, Charlotte Bortz, Albert Frye, Beverly Larson, Anita Bortz, Jeanne Fuller, Mary Katherine Larson, Michelle Boyd, Mary Galligher, Patricia Lauren, Lorraine Breidenstein, Anna Marie Gebauer, Marilyn Lawrence, Donna Brudzinski, Margaret Gebauer, Victor Leiter, Barbara Bunde, Jennette Gierzak, Sister Clarice Leo , Pati Bunkowske, Bernice Gimble, Muriel Leo, Ann Button, Joan Golaski, Diane Leonard, Claudette Cahanes, Lucille Grefe, David Leonard, Erin Carbone, Joyce Gudknecht, Jamie Lincowski, Steve Carle, Jeanette Gunn, Jaclynn Lincowski, Vi Cleland, AnnGuthrie, Rosie Lockwood, Jackie Cohn Madson, DebraHaack, Donita Lodge, Audrey Connelly, ThomasHart, Barbara Lofgren, Delores Connolly, ColleenHecht, Lloyd Loipersbeck, Darlene Corbett, RobertHeininger, Gordon Lowe-Adams, Shari Cotter, Cathleen Herber, DarleneLucas, Lydia Dansdill, Joanne Hess, Harland Luttrell, Shirley D'Arcio, India Hilliard, Barb Mahowald, Valerie Davidson, Mae Hines, Constance Mahre, Jeri Davidson, Marianne Hinnenkamp, Gary Manthey, John Deeg,Edward Hogan, Anna Marsh, Delores Deiman, Pauline Honsa, Kay Maskrey, Thomas Demko, Fred Horgan, Gerald Mauer, Mary Lynn Dempsey, Loree Horgan, Sharon Mauston, Shelia Desai, Bhupat Hugo, Lisa McCann, John DeZelar, Phil Hulet, Jeanette McCarthy, Peggy Dicks, John Hulet, Robert McCauley, Judy Dicks, Judy Huntoon, Lynn Mealey, Georgia Dickson, Helen Jean Iversen, Thomas Mechelke, Geraldine Dittel, Kathleen Jackson, Shannon Mechelke, Mary Lou Doyle, Monica Jacobson, Scott Meyer, Jackie Droeger, Diane Jagoe, Carol Miller, Charlotte DuCharme, Fred Janacek, Jeffrey Miller, Eric Duellman, Audrey Jefferson, Gwendolyn Miller, Seth Eickhoff, Carolyn Jenkins, Chris Minke, Mary Ann 916 Page of Misgen, Joan Schultz, Louise Mohr, JohnShankar, Ananth Mohr, SheilaShores, Teresa Mossong, Betty Skelten, Shirley Motz, Betty Sobania, Gina Mudek, Dolores Spangler, Bob Mudek, Leo Spear, Michele Muraski, Gerry Spies, Louis Myster, Thomas Stafki, Tim Nephew, Shelly Stenson, Karen Nettleton, Janet Stevens, Sandra Newcomb, Winifred Storm, Mary Nichols, Miranda Strack, Joan Nieman, James Strunk, Amye Nieters, Louise Swanson, Ingrid Nissen, Helen Taruscio, Agnes Niven, Amy Taylor, Lorraine Norberg, Ann Taylor, Rita Oakes, Todd Thomforde, Faith O'Brien, D. William (Bill) Tillman, Leila Olson, Anita Tolbert, Franklin Olson, Lois Trippler, Dale Olson, Norman Urbanski, Carolyn Oslund, Kathryn Urbanski, Holly Overstreet, Sherri Urbanski, Michelle Paddock, Ken Urbanski, William Parent, Dian VanBlaricom, Beulah Pearson, Gina Vanek, Mary Pehl, David Vatne, Mary Peitzman, Lloyd Virola, Victor Peper, Marilyn Volkman, Phyllis Peterson, Tracey Walstead, Patricia Picard, David Wasmundt, Gayle Popham, Mike Weiland, Connie Prefer, Bill Weldy, Susan Quistad, Ida Whitcomb, Doris Radermacher, Karla Whitcomb, Larry Rahn, Delbert Willy, John Reddg, Kristine Witschen, Delores Rempel, Lovella Wold, Hans Rivard, Tim Wolfgram, Dorothy Rodriguez, Vincent Wood, Susan Rohrbach, Charles Yorkovich, Cindy Rohrbach, Elaine Zacho, Karen Roller, Carolyn Zian, Helen Ronayne, Rita Ronholm, Mary Rudeen, Elaine Sandberg, Janet Satriano, Pauline Sauer, Elmer Sauer,Kathleen Sauro, Janet Scheunemann, Marjorie Schiff, Marge Schluender, Cynthia Schmidt, Deb Schneider, Mary Ann Schoenecker, Sandra Schroepfer, Harriet 1016 Page of Seconded by Mayor Longrie.Ayes –All The motion passed. 3.Approval Of Temporary Gambling Permit And Fee Waiver –Church Of St. Jerome’s CouncilmemberNephewmoved toapprove the Temporary Gambling Permit and Fee Waiver for Church of St. Jerome’s. RESOLUTION09-08-237 BE IT HEREBY RESOLVED, by the City Council of Maplewood, Minnesota, that the temporary gambling permit for lawful gambling is approved for the Church of St. Jerome’s, 380 E. Roselawn Avenue, to be used on September 20, 2009. 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. As required, a certificate of coverage for liquor liability insurance from Catholic Mutual with an endorsement protecting the City was required and received. Seconded by CouncilmemberHjelle.Ayes –All The motion passed. 4.Approval To Pay For All-Electric GEM Car Councilmember Rossbachmoved toapprove purchasing the Electric GEM Car at a cost of $10,149 from the Capital improvements projectsfund. Seconded by CouncilmemberNephew.Ayes –Councilmembers Juenemann, Nephew & Rossbach Nays –Mayor Longrie, Councilmember Hjelle The motion passed. 5.Consider Approval Of Acceptance Of Donation From The Lawrence Ellisen Family For A Memorial Park Bench At Sunset Ridge Park CouncilmemberNephewmoved toapprove the resolution to accept the donation totaling $919.10 from the Ellisen family for a memorial park bench at Sunset Ridge Park. August 10, 2009 11 City Council MeetingMinutes RESOLUTION 09-08-242 ACCEPTANCE OF DONATION WHEREAS,the Maplewood Community Development and Parks Department has received a $919.10 donation from the family of Lawrence Ellisen, and; WHEREAS,the family of Lawrence Ellisen has instructed the City to purchase a memorial park bench for Sunset Ridge Park, and: WHEREAS, the City agrees to use the subject of this resolution for the purpose and under the terms prescribed, and; NOW, THEREFORE, BE IT RESOLVED, that the Maplewood City Council authorizes the Community Development and Parks Department to accept this $919.10 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on August 10, 2009. SIGNED:WITNESSED: _____________________________________________________________________ (Signature)(Signature) Mayor_____________________________City Clerk___________________________ _____________________________________________________________________ (Date)(Date) Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 6.Conditional Use Permit Review –Costco –1431 Beam Avenue Mayor Longriemoved toapprove the Costco CUP Review at 1431 Beam Avenue. Seconded by CouncilmemberHjelle.Ayes –All The motion passed. 7.Conditional Use Permit Review Heritage Square PUD, Legacy Parkway and Kennard Street Councilmember Nephewmoved toapprove the CUP for Heritage Square PUD, Legacy Parkway and Kennard Street. Seconded by CouncilmemberHjelle.Ayes –All The motion passed. August 10, 2009 12 City Council MeetingMinutes 8.Conditional Use Permit Review –Carefree Cottages Villas (Phase IV), 1735 and 1737 Gervais Avenue Councilmember Nephewmoved toapprove the CUP for Carefree Cottages Villas (Phase IV), 1735 and 1737 Gervais Avenue and to approve it again in one year. Seconded by CouncilmemberHjelle.Ayes –All The motion passed. 9.White Bear Avenue Improvements (County Road D Portion), Project 08-13, Resolution Approving Plans And Specs and Authorizing Ad For Bids Councilmember Nephewmoved toapprove the resolution for the County Road D Improvements, City Project 08-13, which is part of the White Bear Avenue improvement Project Approving Plans and Specification and Authorizing Advertising for Bids. RESOLUTION 09-08-243 APPROVING PLANS AND SPECS AUTHORIZING ADVERTISING FOR BIDS th WHEREAS, pursuant to resolution passed by the City Council on November 24, 2008, plans and specifications for the County Road D Improvements, City Project 08-13, which is part of the White Bear Avenue improvements, andhave beenprepared by (or under the direction of) the City Engineer, who has presented such plans and specifications to the Council for approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD, MINNESOTA: 1.Such plans and specifications, a copy of which are attached hereto and made a part hereof, are hereby approved and ordered placed on file in the office of the City Engineer. 2.Ramsey County shall prepare and cause to be inserted in the official paper and in the Construction Bulletinan advertisement for bids upon the making of such improvement under such approved plans and specifications. The advertisement shall be published twice, at least twenty-onedays before the date set for bid opening, shall specify the work to be done, and shall state that bids will be publicly opened and that no bids shall be considered unless sealed and filed with the County and accompanied by a certified check or bid bond. 3.Ramsey County is hereby authorized and instructed to receive, open, and read aloud bids received, and to tabulate the bids received. The Council will consider the bids, and concur with Ramsey County award of a contract at a future City Council meeting. Seconded by CouncilmemberHjelle.Ayes –All The motion passed. 10.Approval of Resolution Setting Miscellaneous Fees Councilmember Hjellemoved toapprove the resolution of current and proposed fees for the remainder of 2009. August 10, 2009 13 City Council MeetingMinutes RESOLUTION 09-08-244 ADOPTION OF 2009 CITIZEN SERVICES RATES WHEREAS, the City of Maplewoodhas established citizen services rates, and WHEREAS, the City of Maplewood has adopted a dangerous dog ordinance, and WHEREAS, fees have not previously been set as pertains to the dangerous dog ordinance, and WHEREAS, city staff has reviewed the following citizen services rates. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that: 1.The updated citizen services rates shown in the attached schedule shall become effective beginning August 18, 2009. 2.The updated citizen services rates are approved for all related citizen services charges received on or after August 18, 2009. 3.The rates shown will be reviewed by staff on an annual basis with recommendations for revisions brought to the city council for consideration at the end of 2009 beginning effective January 1, 2010. Seconded by CouncilmemberNephew.Ayes –Councilmembers Hjelle, Juenemann, Nephew & Rossbach Nay –Mayor Longrie The motion passed. Councilmember Nephew moved to complete the meeting past curfew in order to finishthe last item on the agenda. Seconded by Councilmember Juenemann.Ayes –Councilmembers Juenemann, Nephew & Rossbach Nays –Mayor Longrie Councilmember Hjelle The motion passed. N.AWARD OF BIDS 1.Markham Pond Retaining Wall Improvement –City Project 05-18 –Consider Resolution Receiving Bids and Awarding Construction Contract a.Assistant City Manager, Public Works Director, Chuck Ahl gave the report. August 10, 2009 14 City Council MeetingMinutes Councilmember Nephewmoved to approve theresolution receiving the project bids from August 5, 2009, for the Markham Pond Retaining Wall, City Project 05-18 and awarding a construction contract to Urban Companies, LLC in the amount of $251,913.00. RESOLUTION 09-08-245 RECEIVING PROJECT BIDS And AWARDING A CONSTRUCTION CONTRACT WHEREAS, pursuant to authorization of the council adopted June 13th, 2005, a report has been prepared by SEH Engineers, Inc. with reference to the improvement of Markham Pond Retaining Wall, City Project 05-18, and this report was received by the council on April 23,2007,andsaid report provides information regarding whether the proposed project is necessary, cost-effective, and feasible, and WHEREAS, on October 13, 2008, the City Engineer was authorized to have made the preparation of plans and specifications in preparation for a project, and WHEREAS, on October 13, 2008, the City Attorney was directed to negotiate an improvement agreement with Azure Properties, Inc. for the improvement project as detailed within the improvement report, and WHEREAS, the City Council, on July 13, 2009, approved said final plans and specifications as prepared by S.E.H. Engineers, and WHEREAS, the City Council authorized the receipt of project bids on August 5, 2009, and WHEREAS, the City Engineer has reported on the said receipt of said bids as follows: Urban Companies, LLC$251,913.00 Sunram Const., Inc.$304,555.45 Pember Companies, Inc.$308,832.25 Arnt Construction Co.$314,245.80 Veit Company, Inc$324,165.00 Carl Bolander & Sons Co.$327,111.00 Lametti & Sons, Inc.$373,760.00 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, THAT: 1.The bids received and opened on August 5, 2009, are hereby received. 2.Urban Companies, LLCin the amount of $251,913.00 is the lowest responsible bid for the construction Markham Pond Retaining Wall Improvements, City Project 05-18, and the mayor and clerk are hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. August 10, 2009 15 City Council MeetingMinutes Seconded by CouncilmemberJuenemann.Ayes –Councilmembers Juenemann, Nephew & Rossbach Nays –Mayor Longrie Councilmember Hjelle The motion passed. O.VISITOR PRESENTATIONS –PART II None. P.ADJOURNMENT Mayor Longrie adjourned the meeting at11:33 p.m. August 10, 2009 16 City Council MeetingMinutes