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HomeMy WebLinkAbout10-12-2009 MINUTES MAPLEWOOD CITY COUNCIL 6:30p.m.,Monday,October 12, 2009 Council Chambers, City Hall Meeting No.20-09 A.CALL TO ORDER A meeting of the City Council was held in the City Hall Council Chambers and was called to order at 6:30p.m.by Mayor Longrie. B.PLEDGE OF ALLEGIANCE C.ROLL CALL Diana Longrie, MayorPresent Absent Erik Hjelle, Councilmember Kathleen Juenemann, CouncilmemberPresent John Nephew, CouncilmemberPresent Will Rossbach, CouncilmemberPresent D.APPROVAL OF AGENDA The following items were added by councilmembers: H1.Update on the I-94 CorridorCommission –Mayor Longrie H2.Update on Tartan Ice Arena Board Meeting–Mayor Longrie Councilmember Nephewmoved to approve the agenda as amended. Seconded by CouncilmemberRossbach.Ayes –All The motion passed. E.APPROVAL OF MINUTES Approval of September 28, 2009 City Council Workshop Minutes Councilmember Rossbachmoved to approve the September 28, 2009, City Council Workshop Minutes as submitted. Seconded by CouncilmemberNephew.Ayes –All The motion passed. Approval of September 28, 2009, Council Meeting Minutes CouncilmemberNephewmoved to approve the September 28, 2009, Council Meeting Minutesas submitted. Seconded by CouncilmemberRossbach.Ayes –All The motion passed. October 12, 2009 1 City Council MeetingMinutes Approval of October 5, 2009, Council Manager Workshop Minutes Councilmember Nephewmoved to approve the October 5, 2009, Council Manager Workshop Minutes as submitted. Seconded by CouncilmemberRossbach.Ayes –Mayor Longrie, CouncilmembersNephew & Rossbach Abstention–Councilmember Juenemann The motion passed. F.VISITOR PRESENTATIONS –PART I 1.David Schilling, 1955 Greenbrier Street, Maplewood.Mr, Schilling commented on the Maplewood Monthly article written byCouncilmember Hjelleregarding what has happened while he served on the council.Mr. Schilling discussed raises for the union workers at the city for 2010 and 2011. Of the 176 Maplewood employees,17 live in Maplewood. Mr. Schilling asked if there was any more discussion regarding saving the city money and doing some outsourcing of work in the city. 2.Elizabeth Sletten, 2747 Clarence StreetNorth, Maplewood.Ms. Sletten spoke about being quoted in the Lillie Suburban newspaper regarding her comments about consultant fees and the wetland ordinanceduring the last city council meeting.Ms. Sletten spoke about the New York lawyer, Jon A. Kuslerthat drafted aWetland Ordinance. She also mentioned DNR permits for Keller and KohlmanLakein Maplewood. 3.Dave Hafner, 1037 Marnie Street, Maplewood.Mr. Hafner said his neighbor,Patrick J Downs levied a series of unfounded allegations against Mr. Hafner during visitor presentations at the September 14, 2009, city council meeting. 4.Patrick J. Downs, 992 Marnie Street, Maplewood. Mr. Downs said he has the 911 tape so the residents can hear what transpiredbetween him and Mr. Hafner. 5.John Wykoff, 2345 Maryland Avenue, Maplewood.Mr. Wykoff discussed that on July 16, 2009,a woman was assaulted alongthe walking path area of Beaver Lake. Maplewood has been handing flyers out of the man who assaulted her and the victim told Mr. Wykoff that he believed that an incorrect sketch was being handed out andthat was not the man who assaulted the victim. Maplewood Police Chief Dave Thomalla made a statement to the council regarding the issue. 6.Ken Smart, 940 Bartelmy Lane, Maplewood.Mr, Smart thanked the city staff members for the budget presentationthat was given during the workshop.Mr. Smart discussedunions at the city and cost of living raises being given to city employees. He also stated that he believed Maplewood residents pay higher taxes than surrounding citiesand the city needs to watch the spending that is being done with the problems in today’s economy. G.ADMINISTRATIVE PRESENTATIONS None. H.COUNCILPRESENTATIONS October 12, 2009 2 City Council MeetingMinutes 1.Mayor Longrie gave an update on the I-94 CorridorCommission Meeting on October 7, 2009, at the City of Woodbury. 2.Mayor Longrie gave a report on the Tartan Ice Arena Board Meetingon October 7, 2009. I.APPOINTMENTS AND PRESENTATIONS None. J.PUBLIC HEARINGS 1.Conditional Use Permit Review –Sandy Lake Materials Storage and Recycling, County Road B West of I-35E a.Senior Planner, Tom Ekstrand gave the presentation b.Deputy Public Works Director, City Engineer, Michael Thompson answered questions of the council. c.General Manager, St. Paul Regional Water Services, Steve Schneideraddressed and answered questions of the council. d.Assistant City Manager, Public Works Director, Chuck Ahl addressed the city council. Mayor Longrie opened the public hearing. 1.CherylBabin, 150County Road B East, Maplewood. 2.Grazyna Biernacki,91 Skillman Avenue, Maplewood. Mayor Longrie closed the public hearing. Councilmember Nephew moved toapprove the conditional use permit resolution for Sandy Lake Materials Storage and Recycling,County Road B West of I-35E.This CUP shall come before the city council at the beginning of June 2010. The permanent amendment to the conditional use permit replaces and repeals the temporary CUP that has been in place since the last city council meeting. CONDITIONAL USE PERMIT REVISION RESOLUTION 09-10-268 WHEREAS, the St. Paul Regional Water Services applied for a conditional use permit to use the Sandy Lake site as a storageand construction-materials recycling site. WHEREAS, Section 44-1092(1) of the city code of ordinances requires a conditional use permit for any public utility, public service or public building use. WHEREAS, this permit applies to the property located on the south side of County Road B East on the west side of Interstate 35E. The legal description is: Parcel #18-29-22-12-0010: South 140’ of North 270’ of E 442’, 68/100’. North 130’ of SW ¼ of NE ¼ subject to County Road B part of NW ¼ of NE ¼ S.E.LY of 160’ W.W. R/W in SECTION 18, TOWN 29, RANGE 22. Parcel #18-29-22-24-0024: Subject to Avenue; except South 15’ of East 320’ of West 1790’ of NW ¼ ex. st Part in James 1Addition part of said NW ¼, S.E.LY of W.W. R/W in SECTION 18, TOWN 29, RANGE 22. Parcel #18-29-22-24-0001: SECTION 18, TOWN 29, RANGE 22. 100’ W.W. R/W across N 2/3 of SW ¼. 165’ W.W. R/W across S ¼ of NW ¼. 160’ W.W. R/W across N ¾ of E ½ of NW ¼ of SECTION 18, TOWN 29, RANGE 22. October 12, 2009 3 City Council MeetingMinutes Parcel #18-29-22-12-0009: SECTION 18, TOWN 29, RANGE 22. 160’ W.W R/W across NW ¼ of NE ¼ of SECTION 18, TOWN 29, RANGE 22. WHEREAS, the history of this conditional use permit is as follows: 1.On November 27, 2006, the city council approved a conditional use permit for this proposed use. 2.On September 14, 2009, the city council reviewed this permit and heard comments from neighboring residents about ongoing disturbances at this site regarding the Sandy Lake Capping Operation. The city council then set a public hearing for October 12, 2009 to consider the future of this CUP and how it affects the neighborhood. 3.On October 12, 2009, the city council reconsidered this request after comment from the public, the applicant and city staff. NOW, THEREFORE, BE IT RESOLVED that the city council approvedtheabove-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 naturaland scenic features into the development design. 9.The use would cause minimal adverse environmental effects. Approval is subject to the following conditions (additions are underlined and deletions are crossed out): 1.The applicant shall comply withthe site plan date-stamped October 6, 2006. All construction shall follow that approved site plan. The director of community development and parks may approve minor changes. 2.The construction of the bins andpaving of the driveway apron must be substantially started within two years of council approval or the permit shall become null and void.completed by November 15, 2009. The area to be paved shall be from County Road B to a distance of 50 October 12, 2009 4 City Council MeetingMinutes feet in. at the beginning of June 2010 3.The city council shall review this permit .one year.If the applicant has not substantially started this project by that time, the city council may renew this permit. 4.The applicant shall complete the restoration of the easterly slope to the pond by June 1, 2010 and shall apply erosion and sediment controls immediately, subject to city engineer requirements.submit a detailed plan for the approval of the city engineer and the Capitol Regions Watershed District showing how they will prevent any erosion and sediment from leaving the site. This plan shall also include the restoration of the rip-rapped areas of the slope down to the pond and detail the construction of a paved driveway apron from County Road B back 50 feet into the site along both branches of the driveway. 5.The annual materials crushing operation shall be reviewed by staff after the first timeto evaluate whether there were any problems or nuisances caused by this activity. The city council may prohibit any subsequent crushing activity if problems and complaints occur. The crushing operation shall be limited to Monday through Friday, 8 a.m. to 5 p.m. Theapplicant shall notify the abutting residents three days prior to commencing the periodic crushing operations. 6.The applicant must keep the site watered to control the dust. 7.All SPRWS vehicles shall enter and leave the site, via the County Road B driveway, to the west from Rice Street. 8.If there are complaints concerning the hauling or crushing operations, the applicant and those complaining shall attempt to resolve the problems via Dispute Resolution. 9.The temporary conditional use permit approved by the city council on September 14, 2009, shall end and the permanent amendment to the conditional use permit replaces and repeals the temporary CUP from September 14, 2009. The Maplewood City Council approved this resolution on October 12, 2009. Seconded by Mayor Longrie.Ayes –All The motion passed. K.UNFINISHED BUSINESS 1.Holloway Avenue and Stanich-Highlands Improvements, City Project 09-13, Resolution Adopting Revised Assessment Roll a.Deputy Public Works Director, City Engineer, Michael Thompson gave the presentation and answered questions of the council. Councilmember Nephewmoved toapprove the resolution for the Adoption of the Revised Assessment Roll for the Holloway Avenue and Stanich Highlands Improvements, City Project 09- 13. RESOLUTION09-10-269 ADJUSTMENTS TO ASSESSMENT ROLL th WHEREAS, pursuant to a resolution adopted by the City Council on September 28, 2009, the assessment roll for the Holloway Avenue and Stanich Highlands Improvements, City October 12, 2009 5 City Council MeetingMinutes Project 09-13, was presented in a Public Hearing format, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, elevenproperty owners filed an objection to their assessment according to the requirements of Minnesota Statutes, Chapter 429, summarized as follows: 1.John R. Santos, 1907 Furness Street (PIN 14.29.22.42.0023): Mr. Santos is objecting due to seeing no added property value from the project. 2.William and Judy Clarke, 1921 Kingston Avenue (PIN 14.29.22.34.0035): Mr. and Mrs. Clark are objecting due to seeing no added property value from the project. 3.Paul Berglund, 1929 Kingston Avenue (PIN 14.29.22.34.0034): Mr. Berglund is objecting due to seeing no added property value from the project. 4.Kathy Haley, 1930 Kingston Avenue (PIN 14.29.22.34.0041): Ms. Haley is objecting due to seeing no added property value from the project. 5.Margaret Haggerty, 1935 Kingston Avenue (PIN 14.29.22.34.0038): Ms. Haggerty is objecting due toseeing no added property value from the project. 6.Patrick Cregan, 1916 Price Avenue (PIN 14.29.22.34.0067): Mr. Cregan is requesting a revision to his assessment, because he feels that his assessment will include additional sidewalk costs. 7.Eleanor VanLaningham, 1700 Ruth Street (PIN 14.29.22.34.0104): Ms. VanLaningham is requesting a senior citizen deferral. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA: A. That the City Engineer and City Clerk are hereby instructed to make the following adjustments to the assessment roll for theHolloway Ave and Stanich Highlands Improvements, City Project 09- 13: Deny cancellation 1.John R. Santos, 1907 Furness Street (PIN 14.29.22.42.0023): of the assessment as the property is receiving direct benefit and added value from the proposed Grant deferral street reconstruction and utility upgrades. of the assessment pending receipt of the necessary documentation to be approved by the City Engineer demonstrating senior citizen status and financial hardship. Deny cancellation 2.William and Judy Clarke, 1921 Kingston Avenue (PIN 14.29.22.34.0035): of the assessment as the property is receiving direct benefit and added value from the Grant deferral proposed street reconstruction and utility upgrades. of the assessment pending receipt of the necessary documentation to be approved by the City Engineer demonstrating senior citizen status and financial hardship. Deny cancellation 3.Paul Berglund, 1929 Kingston Avenue (PIN 14.29.22.34.0034): of the assessment as the property is receiving direct benefit and added value from the proposed Grant deferral street reconstruction and utility upgrades. of the assessment pending receipt of the necessary documentation to be approved by the City Engineer demonstrating senior citizen status and financial hardship. Deny cancellation 4.Kathy Haley, 1930 Kingston Avenue (PIN 14.29.22.34.0041): of the assessment as the property is receiving direct benefit and added value from the proposed Grant deferral street reconstruction and utility upgrades. of the assessment pending receipt October 12, 2009 6 City Council MeetingMinutes of the necessary documentation to be approved by the City Engineer demonstrating senior citizen status and financial hardship. Deny cancellation 5.Margaret Haggerty, 1935 Kingston Avenue (PIN 14.29.22.34.0038):of the assessment as the property is receiving direct benefit and added value from the proposed Grant deferral street reconstruction and utility upgrades. of the assessment pending receipt of the necessary documentation to be approvedby the City Engineer demonstrating senior citizen status and financial hardship. Deny revision 6.Patrick Cregan, 1916 Price Avenue (PIN 14.29.22.34.0067): of the assessment as all levied property assessments cover a portion of the financing for improvements to Holloway Avenue and the Stanich Highlands area project. As well, no new sidewalks are proposed to be constructed as part of this project. Grant deferral 7.Eleanor VanLaningham, 1700 Ruth Street (PIN 14.29.22.34.0104): of the assessment pending receipt of the necessary documentation to be approved by the City Engineer demonstrating senior citizen status and financial hardship. B.All approved deferrals shall have interest deferred for a period of 2 years commencing on October 12, 2009. Deferrals shall begin accruing interest at 5.4% on October 13, 2011 and shall come due with interest 15 years thereafter. C.The assessment roll for theHolloway Avenue and Stanich Highlands Improvements, City Project 09-13, as amended, is hereby accepted, a copy of which is attached hereto and made a part hereof. Said assessment roll shall constitute the assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. D.Such assessments shall be payable in equal annual installments extending over a period of 15 years, the first installments to be payable on or before the first Monday in January 2012 and shall bear interest at the rate of 5.4 percent per annum for a date effective 2 years from the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from October 12, 2011 until December 31, 2011. To each subsequent installment when due,shall be added interest for one year on all unpaid installments. E.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, but no later than October 12, 2011, paythe whole of the assessment on such property, without interest, to the city clerk. And they may, at any time after October 12, 2011, payto the county auditor the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before October 15or interest will be charged through December 31 of the next succeeding year. F.The city engineer and city clerk shall forthwith after October 1, 2009, but no later than October 15, 2009, transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over the same manner as other municipal taxes. th Adopted by the council on this 12day of October2009. Seconded by CouncilmemberRossbach.Ayes –Councilmembers Juenemann, Nephew & Rossbach Nay –Mayor Longrie The motion passed. October 12, 2009 7 City Council MeetingMinutes 2.2010 Charitable Gambling Requests a.Assistant City Manager, Public Works Director, Chuck Ahl gavethe report. The following people addressed the council regarding the 2010 Charitable Gambling Requests: City Clerk, Director Citizen Services, Karen Guilfoile gave the report for Ashland Productions and the COM Scholarship Fund. Board of Friends of MaplewoodNature, Barbara Krollgave the report for Friends of Maplewood Nature. Maplewood Historical Society, George Rossbach gave the report for the Historical Society. City Clerk, Director Citizen Services, Karen Guilfoile gave the report for the Maplewood Community Center and AARP. Maplewood Police Chief, Dave Thomalla gave the report for the Police Explorers and Police Reserves. Tsong Sawh Lo, gave the report for Poj Koob Yalum Ntxwy. Joe Fox, representing the Ramsey County Fairgave the report on the Ramsey County Fair Fireworks. Keith Sebesta representing the Saint Paul Composite Squadron Civilian Air Patrol addressed the council. Second Lieutenant of the Civil Air Patrol, Amy Polar spoke and introduced some of the cadettes. 3.Suspension of Ordinance Calling for COLA Increase for Council Salary a.City Attorney, Alan Kantrud gave the report. Councilmember Nephew moved to approve the ordinance suspending the biannual cost of living adjustments for 2010 to 2011 and move waiver of the second reading of the ordinance calling for COLA Increase for Council Salary. Seconded by Councilmember Juenemann. Councilmember Nephew moved to amendthe motion to approve suspending the COLA increase for council salary. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. Councilmember Nephewmoved to approve waivingthe second readingof the ordinance calling for COLA Increase for Council Salary. ORDINANCE 894 AN ORDINANCE SUSPENDING THE REQUIREMENTS OF October 12, 2009 8 City Council MeetingMinutes MAPLEWOOD CODE § 2-38 REGARDING BIANNUAL COST OF LIVING ADJUSTMENTS TO CITY COUNCIL MEMBERS BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MAPLEWOOD THAT: The requirement of Section 2-38 of the Maplewood City Code, as codified by passage of Ordinance 810 (2001) for a mandatory cost of living adjustment to the Maplewood City Council and Mayor’s salaries, scheduled to take effect January 1, 2010,is hereby WAIVED for the biannual pay-period of 2010 through 2011. TH PASSED, APPROVED, AND ADOPTED THIS 12DAY OF OCTOBER, 2009. ___________________________ DIANA LONGRIE, MAYOR (SEAL) ATTEST: _______________________________ KAREN GUILFOILE, CITY CLERK Seconded by Councilmember Juenemann.Ayes –Councilmembers Juenemann, Nephew & Rossbach Nay –Mayor Longrie The motion passed. L.NEW BUSINESS 1.Recap of 2009 Taste of Maplewood and Approval of Resolution of Support for the 2010 Taste of Maplewood a.City Clerk, Citizens Services Director, Karen Guilfoile gave the reportand answered questions of the council. b.City Manager, James Antonen addressed the council. Mark Jenkins,830 New Century BoulevardSouth, Maplewoodaddressed the council. Councilmember Rossbachmoved toapprove the resolution of support for the 2010 Taste of Maplewood Event. RESOLUTION 09-10-270 Resolution of Support for the 2010 Taste of Maplewood Whereas the City of Maplewood has established the successful 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 on the Maplewood Community Center Campus. Whereas due to previous success and the request of prior participants and those desiring to participate, the 2010 Taste of Maplewood and Friends event will be held for two days beginning October 12, 2009 9 City Council MeetingMinutes August 6, 2010,from 4:00 p.m. to 10:00 p.m. commencing on August 7, 2010,from 10:00 a.m. to 10:00 p.m. Therefore Let it Be it Resolved that the city council supports the 2010 Taste of Maplewood and Friends event that will be held on August 6th and 7th 2010, on the Maplewood Community Center Campus. Seconded by CouncilmemberNephew.Ayes –All The motion passed. M.CONSENT AGENDA 1.Councilmember Nephewmoved to approve items1, 2, 6 & 7. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 2.CouncilmemberJuenemannmoved to approve item3. Seconded by Mayor Longrie.Ayes –All The motion passed. 3.Councilmember Juenemannmoved to approve item4. Seconded by Mayor Longrie.Ayes –All The motion passed. 4.CouncilmemberJuenemannmoved to approve item5. Seconded by CouncilmemberNephew.Ayes –Councilmember Juenemann, Nephew & Rossbach Nay –Mayor Longrie The motion passed. 5.CouncilmemberNephewmoved to approve item8. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 6.Mayor Longriemoved to approve item9. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 1.Approval of Claims October 12, 2009 10 City Council MeetingMinutes CouncilmemberNephew moved Approval of Claims. ACCOUNTS PAYABLE: $ 1,197,229.15Checks # 79423thru # 79480 Dated 09/22/09 thru 09/29/09 $ 392,666.82Disbursements via debits to checking account Dated 09/18/09thru 09/25/09 $882,011.38Checks # 79481thru # 79548 Dated 09/30/09 thru 10/06/09 $ 1,045,404.50Disbursements via debits to checking account Dated 09/25/09thru 10/02/09 __________________ $ 3,517,311.85Total Accounts Payable PAYROLL $621,129.19Payroll Checks and Direct Deposits dated 10/02/09 $ 2,229.75Payroll Deduction check #1007890thru #1007891 Dated 10/02/09 ___________________ $623,358.94Total Payroll GRAND TOTAL $ 4,140,670.79 Seconded by Councilmember Juenemann.Ayes –All The motion passed. 2.City Purchase of Tax Forfeiture Property, Kingston Avenue and Desoto Street Councilmember Nephewmoved toapprove the resolution approving the city’s purchase of tax- forfeited property which lies east of the centerline of Desoto Street as traveled. RESOLUTION 09-10-267 REQUEST TO PURCHASE TAX-FORFEITED PROPERTY WHEREAS, Ramsey County has informed the City of Maplewood of the opportunity for the city to acquire a narrow strip of tax forfeited property. WHEREAS, this property is located at Desoto Street along the Kinston Avenue right-of-way, legally described as follows: That part of Lot A, KINGS ADDITION TO THE CITY OF ST. PAUL, Ramsey County, Minnesota, lying east of the traveled centerline of Desoto Street. PID # 17-29-22-34-0036. WHEREAS, the City of Maplewood, has the desire to purchase this property fromRamsey County to incorporate into the Desoto Street and Kingston Avenue right-of-ways. October 12, 2009 11 City Council MeetingMinutes NOW, THEREFORE, BE IT RESOLVED that the Maplewood City Council hereby formally requests that Ramsey County sells the above described property to the City of Maplewood for $1.00. The Maplewood City Council adopted this resolution on October 12, 2009. ____________________ Attest:Mayor __________________ City Clerk Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 3.Consider Acceptance of a Donation from the Children of Lorraine Blanchette to Purchase and Plant a Memorial Tree in Maplewood Heights Park Councilmember Juenemannmoved toapprove the donation of $310.00 from Lorraine Blanchette’s children for the purpose ofplanting a tree as requested in Maplewood Heights Park. RESOLUTION 09-10-271 ACCEPTANCE OF DONATION WHEREAS,the Maplewood Community Development and Parks Department has received a $310.00 donation from the children of Lorraine Blanchette, and; WHEREAS, the children of Lorraine Blanchette have instructed the City to purchase and plant a tree in Maplewood Heights 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 $310.00 donation. I certify that the above resolution was adopted by the City Council of the City of Maplewood, Minnesota, on__________________________________. SIGNED:WITNESED: _____________________________________________________________________ (Signature)(Signature) Mayor_____________________________City Clerk___________________________ October 12, 2009 12 City Council MeetingMinutes _____________________________________________________________________ (Date)(Date) Seconded by Mayor Longrie.Ayes –All The motion passed. 4.Approval of 2009 Fall Clean Up Event Councilmember Juenemannmoved toapprove the 2009 Fall Clean-Up Event scheduled for October 24, 2009, at Gethsemane Lutheran Church at 2410 Stillwater Avenue from 8 a.m. to 1 p.m. Seconded by Mayor Longrie.Ayes –All The motion passed. 5.Approval of Purchase for Geotechnical Evaluation Services for Hills & Dales Area Street Improvements, City Project 09-15 CouncilmemberJuenemannmoved toapprove the resolution for the approval of purchase for geotechnical evaluation services for Hills & Dales Area Street Improvements, City Project 09-15 to enter into a contract for services with Stork Twin City Testing Corp. for $10.970.00. RESOLUTION 09-10-272 APPROVE PURCHASE OF GEOTECHNICAL EVALUATION SERVICES BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the quote from Stork Twin City Testing Corp. in the amount of $10,970.00 for the Hills & Dales Area Street Improvements (City Project 09-15) is the lowest responsible quote for geotechnical evaluation testing services for the aforementioned public improvement project. The City Engineer is hereby authorized and directed to enter into a contract with said bidder for and on behalf of the city. th Adopted by the council on this 12day of October, 2009. Seconded by CouncilmemberNephew.Ayes –Councilmembers Juenemann, Nephew & Rossbach Nay –Mayor Longrie The motion passed. 6.Approval of HVAC Efficiency Upgrades for City Hall (Stimulus Funded) Councilmember Nephewmoved toapprove $7,100 expenditure of Stimulus Funds for the approved HVAC efficiency upgrades at city hall as outlined in the staff report. Seconded by CouncilmemberJuenemann.Ayes –All October 12, 2009 13 City Council MeetingMinutes The motion passed. 7.Priory Public Improvements (St. Paul’s Monastery), Project 07-24, Resolution Approving Final Payment and Acceptance of Project (Includes Change Order No. 3) CouncilmemberNephew moved toapprove the resolution for the priory public improvements, city project 07-24: Approving Final Payment and Acceptance of Project Including Approval of Change Order No. 3. RESOLUTION 09-10-273 APPROVING FINAL PAYMENT AND ACCEPTANCE OF PROJECT CITY PROJECT 07-24 (INCLUDES CHANGE ORDER NO. 3) WHEREAS, the City Council of Maplewood, Minnesota has heretofore ordered made Improvement Project 07-24,Priory Public Improvements (St. Paul’s Monastery),and haslet a construction contract pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, it is now necessary and expedient that said contract be modified and designated as Improvement Project 07-24, Change Order No. 3, and WHEREAS, the City Engineer for the City of Maplewood has determined that the Priory Public Improvements (St. Paul’s Monastery), City Project 07-24,iscomplete and recommends acceptance of the project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that 1.The mayor and city clerk are hereby authorized and directed to modify the existing contract by executing said Change Order No. 3 in the amount of $15,065.00. Unused quantity deduction is also reflected within the Change Order of $34,573.37.The revised contract amount is$689,447.42; equal to the actual amount earned by the contractor. 2.City Project 07-24is complete and maintenance of these improvements is accepted by the City; and the final construction cost is$$689,447.42. Final payment to Nodland Construction Company, Inc., and the release of any retainage or escrow is hereby authorized. th Approved this 12day of October 2009. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 8.White Bear Avenue Improvements, City Project 08-13, Approval of Amendment To Cost Share Agreement With Ramsey County Councilmember Nephewmoved toapprove the amendment to the cost-share agreement with Ramsey County in an amount not to exceed $275,000. AMENDMENT TO COST SHARE AGREEMENT BETWEEN RAMSEY COUNTY AND THE CITY OF MAPLEWOOD October 12, 2009 14 City Council MeetingMinutes WHEREAS, Ramsey County (“County”) and the City of Maplewood (“City”) entered into an Agreement PW 2008-16 dated December 12, 2008 (“Cost Share Agreement”) for cost sharing for final Professional Engineering Services for the Reconstruction of White Bear Avenue from County Road D to Radatz Avenue (“Project”); and WHEREAS, The County, in cooperation with the Minnesota Department of Transportation and the City of Maplewood, has prepared a preliminary layout plan for the Project; the interchange of I-694 and White Bear Avenue; and County Road D (Flandreau Street to White Bear Avenue); and WHEREAS, The City of Maplewood currently has a contract with Kimley-Horn and Associates, Inc. (“Kimley-Horn”) for final design of the Project; and WHEREAS, The City of Maplewood has amended its contract with Kimley-Horn for additional site planning to assist with the County’s Right of Way acquisition services for the Project; additional final design services for the reconstruction of County Road D (Flandreau Street to White Bear Avenue); and additional final design services for the Project, for a cost not to exceed $254,600; and WHEREAS, The County and the City of Maplewood wish to amend the Cost Share Agreement for cost sharing for the additional services to be provided by Kimley-Horn under its amended agreement with the City of Maplewood; Therefore The parties agree to amend the Agreement as follows: 1.The City shall administer its contract with Kimley-Horn for the additional services and shall make payment for all services rendered. The County will reimburse the City for the cost of the additional services to be provided by Kimley-Horn under its amended agreement with the City of Maplewood, up to a maximum not to exceed sum of $275,000. The Countywill reimburse the City for all payments made for these services upon submission by the City of a properly documented invoice. Upon execution of a construction cost sharing agreement the City and other entities participating in the Project will reimbursethe County for their share of these additional services, which shares will be based upon the low bid. 2.Except as modified herein, the terms of the Cost Share Agreement shall remain in full force and effect. WHEREFORE, this Amendment is duly executed on the last date written below. RAMSEY COUNTYTHE CITY OF MAPLEWOOD By: Jan Parker, ChairPrint Name: Ramsey County Board of CommissionersTitle: ________________________________ ____________________________________ Bonnie Jackelen, ChiefClerk Ramsey County Board of Commissioners Date: _______________________________ Date: ______________________________ Approval recommended: October 12, 2009 15 City Council MeetingMinutes Kenneth G. Haider, Director Public Works, Department Approved as to form and insurance: Assistant County Attorney Purchase Order or Aspen Vendor Contract Number: ____________________________________ Funds Available: ______________________ ____________________________________ Budgeting and Accounting Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. 9.Approval of Acceptance of 2009 Justice Assistance Grant (JAG) Mayor Longriemoved toapprove the acceptance of $16,289 in 2009 JAG Grant money and the signing of the agreement with the St. Paul Police Department. Seconded by CouncilmemberJuenemann.Ayes –All The motion passed. N.AWARD OF BIDS None. O.VISITOR PRESENTATIONS –PART II None. P.ADJOURNMENT Mayor Longrie adjourned the meeting at 9:16p.m. October 12, 2009 16 City Council MeetingMinutes