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HomeMy WebLinkAboutCC 09-17-2001 . . . i . MEETING MINUTES CITY COUNCIL WORKSESSION MONDAY, SEPTEMBER 17, 2001 4:45 P.M. - CITY HALL, 4364 WEST ROUND LAKE ROAD CALL TO ORDER Acting Mayor David Grant called the meeting to order at 4:50 p.m. Councilmembers present were Beverly Aplikowski and Lois Rem. Mayor Probst had previously advised that he would arrive late. Councilmember Larson arrived at 4:55 p.m. and Mayor Probst arrived at 5:00 p.m. City Attorney, Jerry Filla, was also present. Staff present included City Administrator, Joe Lynch; City Accountant, Terry Post; Parks & Recreation and Interim Public Works Director, Tom Moore; City Planner, Aaron Parrish; Building Official, Dave Scherbel; and Recording Secretary, Sheila Stowell. PUBLIC WORKS AND SAFETY Lake Johanna Ordinance City Administrator Lynch opened discussion regarding recently-adopted Ordinance No. 330 entitled, An Ordin<l;nce Amending Chapter 12 of the Arden Hills City Code, Article II, Division I and II, the Surface Use of the Waters of Lake Johanna." Correspondence from Kim Elverum of the Assistant Attorney General's office, expressed an opinion regarding the Department of Natural Resources use rules as they related to this ordinance. After discussion, it was the consensus of the Council that Ordinance No. 330 stand as adopted until such time that official notice is received from the State of Minnesota regarding the need for the City to obtain a variance. PLANNING/ZONING AND CODE ENFORCEMENT Arden Tower Discussion City Administrator Lynch introduced the discussion for property located at 1777 Gateway Boulevard, and referred to recent staff memorandums and recommendations regarding tower safety and non-compliance issues. Staff has, over the last three years, expressed concerns to Mr. Vaughan regarding technical and engineering issues in the tower not meeting State Building Code requirements due to its height and loading, causing the tower to be out of compliance with the City-issued Special Use Permit (SUP). Staff further advised that antennae were added to the tower on numerous occasions without permit procedures being initiated or followed. Mr. Chuck Habiger, Director of Environmental and Construction Services with HKS Associates, Inc., spoke on behalf ofMr. Dan Vaughan, property and tower owner, who was also present. Mr. Habiger explained the purpose ofMr. Vaughan's development request and interpreted various engineering data compiled to-date. ARDEN HILLS CITY COUNCIL WORKSESSION - SEPTEMBER 17,2001 2 Mike Cronin, City Planning Consultant was also present for consultation. . Mr. Vaughan provided a brief history of the tower, stating that it was originally constructed and leased to Motorola in 1981 under a nine- (9) year lease. Mr. Vaughan assumed control of the tower in 1990, at which time twenty-five (25) antennae were loaded on the tower, even though the original SUP showed fifteen (15) permitted - three (3) antenna groups of five (5) each. Following his assumption of the lease, Mr. Vaughan removed three (3) antennae. Mr. Vaughan stated that he was not aware of any code issues being violated at that time. Building Official Scherbel displayed a map provided as part of the original SUP with three (3) antenna groupings of five (5) antennae each approved. Mr. Scherbel explained that he had alerted Mr. Vaughan to potential loading and 1/2" radial ice safety concerns in 1998 when an engineering report had been brought to Mr. Scherbel's attention prior to another lessee looking at the tower. Mr. Scherbel further stated that, since the tower does not meet the W' radial ice or loading requirements as specified and required by State Building Code, he is obligated to deem the tower an unsafe structure. Mayor Probst reiterated Mr. Scherbel's position, that in considering wind load as an additional issue, as well as dead load, the tower was a safety concern, and the City had an obligation to deal with the safety of the tower, since we have been made aware of it over the last three years. Mayor Probst further stated that between the City and Mr. Vaughan, immediate resolution was needed. . Mr. Vaughan assured staff and Councilmembers that safety factors were built into engineering standards at double the anticipated load, and further reiterated that he was willing to do whatever was necessary to meet code requirements. Mr. Vaughan presented a bench handout from Ehresmann Engineering dated August 15,2001, which provided summary information regarding the tower. Mr. Vaughan was suggesting removal of approximately eighty feet (80') from the seven hundred-foot (700') tower for safety purposes. Mr. Scherbel, upon his initial review of the summary report, requested additional information, provided by an on-site examination. City Attorney Filla stated that the engineer's summary report addressed stress ratios for a modified tower with an overall height of six hundred-twenty feet (620'). Further discussion items included procedural and safety issues; reference to mutual agreement of an independent consultant to review safety issues with costs covered by Mr. Vaughan; possible monetary recourse for Mr. Vaughan with Motorola; revocation of the existing SUP; denial of the proposed Concept Planned Unit Development (PUD); , redesign of the existing tower to prove that safety factors can be met; and lease termination notice requirements of Mr. Vaughan to his antennae lessees. . Mr. Vaughan stated that, at a previous Council meeting, he didn't get feeling that the City . . . ARDEN HILLS CITY COUNCIL WORKSESSION - SEPTEMBER 17, 2001 3 was opposed to new tower construction and that he must have misinterpreted the intent of that meeting. Mr. Vaughan further stated that he could direct his engineer to do the type of report requested. Mr. Scherbel clarified for the Council's benefit that the City could require Mr. Vaughan to have a study completed, but it could not dictate who was to perform the study. He stated that if the City required additional information following Mr. Vaughan's study, the City would be fiscally responsible for the cost of the study as per State Building Code. Mr. Scherbel stated that he continues to request an on-site review (i.e., soil borings; ultrasound testing; random spot checks) to determine the actual condition of the anchor shafts to learn the extent of or existence of corrosion, prior t<? doing the loading calculations, rather than simply calculating them from foundation drawings. Previous reports state "no data available." Mr. Vaughan was directed to provide complete detailed documentation on structural calculations and how he proposes to accomplish safety and SUP compliance, no later than year-end. Upon receipt of this report, the City will retain an independent engineer to review Mr. Vaughan's report. Mayor Probst stated that, State Building Code requirements aside, the City would look to Mr. Vaughan to participate in the costs for this report. City Planner Parrish stated that in lessee information provided by Mr. Vaughan to the City, it appeared that there would be six (6) or seven (7) leases coming up for renewal within the year, which could alleviate some of Mr. Vaughan's concerns regarding their removal from the tower and bring the number of antennae into compliance with the SUP. Mr. Vaughan assured Councilmembers and staff that he would attempt to create a sense of urgency with Ehresmann Engineering to perform the study in a timely manner. Councilmembers stressed the importance of Mr. Vaughan coordinating with Building Official Scherbel in provided sufficient information in the requested report. Mr. Habiger requested that Councilmembers discuss Mr. Vaughan's Concept PUD application. Mayor Probst responded that the tower issue needed to be resolved prior to , any consideration by the City Council. City Planner Parrish stated that, as the City's zoning ordinance now stands, a Special Accessory Use Permit would be required for reconstruction of the tower. As such, any tower constructed in the future must support the principle use of the property. City Attorney Filla stated that the City was in no position but to deny the Concept PUD until resolution of the other issue. ADMINISTRATION Acting Mayor Grant turned the gavel over to Mayor Probst at this time. ARDEN HILLS CITY COUNCIL WORKSESSION - SEPTEMBER 17,2001 4 . City Hall Construction Project - Waterproofing System City Administrator Lynch provided a summary of a meeting held on Friday, September 14, 2001 with Architectural Alliance, Rochon Construction and City staff, regarding the City Hall construction project. Of major concern, and causing extensive construction delays, is the failure of the waterproofing system and cost allocation for replacement and/or corrections. City staff maintains that the City is not liable for the replacement of the waterproofing material, with the exception of an additional approximate $80,000 in value-added for additional tiling and/or drainage boards around the foundation. Mr. Lynch presented three options to the City Council for their consideration: Option A Removal and replacement of existing waterproofing system as specified; or Removal and replacement of existing waterproofing system with same material and cost sharing; or Removal and replacement of existing system as specified with grout to fill the north, ease and a portion of the south wall. Option B Option C On an additional note, Mr. Lynch advised Councilmembers that the City would need to vacate the temporary City Hall facility by October 31, 2001, in order to allow the landlord to retrofit the building for the next tenant. . Mayor Probst stated that a fourth option existed as per the contract, to hire another contractor to complete the project and back bill Rochon Corporation. Mr. Lynch advised that Mr. Wellman of Rochon Corporation stated that he would not honor the Contract Change Directive, and had previously requested a thirty- (30) day contract extension. Mayor Probst expressed his concern regarding the contractor's apparent lack of management of the project, with numerous punch list items remaining incomplete on his last site inspection; the building being left unsecured; and questionable quality control on the project. Mr. Scherbel stated that he had expressed concerns from construction start regarding the basement drainage issue. He addressed these concerns to Rochon's construction supervisor at a construction meeting when he addressed the heavy clay soils in Arden Hills, and the need for the contractor to accommodate drainage accordingly. Mr. Scherbel pointed out that a substantial portion of the cost of the proposed approximate $50,000 was for removal and replacement of mechanicals and the screen wall to allow for waterproofing excavation. . City Attorney Filla stated that the standard construction contract used for this project anticipated changes in work, and further states Change Orders are to be approved by the architect, contractor and the City. Mr. Filla stated that since the architect and the City have approved this Contract Change Directive, it does not need approval by the ARDEN HILLS CITY COUNCIL WORKSESSION - SEPTEMBER 17, 2001 5 . contractor, and that the contract documents require the project to move forward. If the architect and City are in agreement regarding one of the options (A, B or C) for the Contract Change Directive, the contractor needs to comply with the chosen option as determined by the architect and City. Ifhe refuses or fails to comply with the contract, it can then be terminated and the City can find someone else to complete project. Under the current contract, Mr. Filla stated that there are no liquidated damages; and further stated that alternative force is the most time-consuming, and due to the disputed item being over $50,000, the City would need to go out on bid. Peter Vesterholt of Architectural Alliance expressed concern that if Rochon were released from their contract, the specified one (1) year warranty for Rochon as provided in the contract, would be of less concern for their compliance. Mayor Probst stated that the City was holding a substantial retainage, and that the original project schedule had already been extended at Rochon's request. Staff was directed to firmly provide specifIC instructions from the City Council to Rochon Corporation, with a one-day response from Rochon following the scheduled meeting on Tuesday, September 18,2001, as follows: . Rochon Corporation is directed to proceed with Option C (removal and replacement of the existing waterproofing materials as originally specified, with a five-year warranty); the architect is to be financially responsible for providing additional sand materials to be used during the backfill of the drainage area; on the south wall of the Council Chambers, Rochon is to either install an additional drain tile system or core fIll now, build it as specified, or initiate other options; and the building is to be available for move-in by October 15,2001. If Rochon Corporation is not in compliance, the City will take over the project and hire a new contractor to complete the project. Mayor Probst strongly suggested that no additional Pay Requests from Rochon Corporation be processed until the project is completed as specified. Councilmembers Rem and Grant individually expressed their concerns that no written background materials were provided regarding this issue, but rather a verbal report from staff was their only source of reference. Both stated that, in a case such as this, a bench handout would have been appropriate. City Administrator Lynch responded that due to the timing of the last meeting with the contractor, staff had not had time for preparation of a report prior to the Council packet delivery on Friday. . City Hall Room Naming/City Hall Building Usage It was the consensus of Councilmembers that the City Hall building not be used for "for profit" groups and that a building usage policy, as well as additional signage be placed on hold until after occupancy and further thought is given to the City's needs. . . . ARDEN HILLS CITY COUNCIL WORKSESSION - SEPTEMBER 17, 2001 6 Codification Process/Schedule Councilmember Rem volunteered to perform the final read-through of the draft City Code within the next two- (2) weeks and provide input to Councilmembers for their consideration, review and comment. Staff was directed to include the codification process and schedule on the October Worksession Agenda. Personnel Policy Process/Schedule It was the consensus of Councilmembers to adopt the proposed Personnel Policy as a separate policy, not codified. Employee Benefit Parity Following discussion, staff was directed to prepare additional discussion information for. Council review and possible action at a subsequent regular City Council meeting. Additional information requested included the budgeted benefit dollars available to employees; number of existing employees affected; and any additional monies this would cost the City. Job Description and Evaluation Process City Administrator Lynch reviewed the process to-date with Councilmembers. Building Inspector, Memorandum of Understanding Discussion City Administrator Lynch reviewed a proposed Memorandum of Understanding between the Lake Johanna Volunteer Fire Department and the City for addition of a half-time position for services of Eric Nordeen as a Building Inspector with the City and as a Fire Inspector for the Fire Department. With amendments to the sections that specified "Fire Inspector" to be replaced by "B uilding Inspector" where appropriate, the Memorandum of Understanding was approved for inclusion on the September 24,2001 regular City Council Consent Calendar. COUNCIL/STAFF COMMENTS Councilmember Grant commended Mr. Scherbel on his professionalism and expertise with the Mounds View High School construction project. Councilmember Grant requested a draft of Ramsey County's study of a Public Works facility on TCAAP for review by the Operations and Finance Committee meeting scheduled for September 20, 2001. Councilmember Aplikowski expressed concerns regarding staffs proposal to limit City meetings to Monday and/or Tuesday nights in the new City Hall facility. Councilmember Aplikowski also asked that, when committees are appointed for 2002, the chairs be advised that they do not have the authority to cancel meetings at their discretion, without Council and/or staff consensus. . . . ARDEN HILLS CITY COUNCIL WORKSESSION - SEPTEMBER 17, 2001 7 Councilmember Rem expressed appreciation to Mr. Moore from her neighborhood regarding the soccer field at Valentine Parle Mayor Probst referred a survey from the National League of Cites to City Administrator Lynch for completion. Mayor Probst also advised of the tentative meeting scheduled with Colonel Lord of the Minnesota Army National Guard regarding property configurations at TCAAP, given the national alert of the National Guard. Mayor Probst addressed several concerns to Mr. Post regarding recent flows and billing peaks from the Metropolitan Council Environmental Services, as well as an opportunity for a potential funding source for the City's Pavement Management Plan (PMP) as it relates to drainage Issues. Councilmember Grant requested that, at the proposed TCAAP meeting, the Mayor discuss potential changes in the military releasing surplus property in light of current events. Staff was directed to post as a Special Council meeting the proposed October 2,2001 public informational meeting by Presbyterian Homes regarding their potential development project at the intersection of County Road D, Fairview, Lake Johanna Boulevard, and New Brighton Road. ADJOURN MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to adjourn the meeting at 8:20 p.m. The motion carried unanimously (5-0).