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HomeMy WebLinkAboutCC 01-30-2006 - - , ~ ~~HILLS Approved: February 13,2006 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 30, 2006 7:00 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:03 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, Brenda Holden, and Vincent Pellegrin. Absent: None. Also present were City Administrator, Michelle Wolfe; City Attorney, Jerry Filla; Director of Operations & Maintenance, Thomas Moore; Finance Director/Treasurer, Murtuza Siddiqui; Community Development Director, Karen Barton; Assistant to the City Manager, Schawn Johnson; City Planner, James Lehnhoff; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the meeting agenda as presented. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. January 9, 2006 City Council Meeting B. January 9, 2006 Work Session Meeting Councilmember Holden requested the following changes: January 9, 2006 Work Session Minutes, Page 1, change Councilmember Larson as being absent. Council member Grant requested the following changes: None. Councilmember Larson requested the following changes: Requested his absence be noted as an excused absence in both the Council meeting Minutes and Work Session Minutes. ARDEN HILLS CITY COUNCIL - January 30, 2006 2 - Mayor Aplikowski requested the following changes: None Ms. Wolfe requested the following changes: None. MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the January 9, 2006 Council Meeting Minutes and the January 9, 2006 Council Work Session Minutes as amended. The motion carried unanimously (4-0). 3. CONSENT CALENDAR a. b. c. d. e. f. - g. Claims and Payroll Resolution No. 06-19: Approving Minnesota USA Wrestling's Charitable Gambling License Renewal Request Resolution No. 06-20: Approving 621 Foundations Charitable Gambling License Renewal Request Resolution No. 06-21: Approving St. Mary's Romanian Orthodox Church Charitable Gambling License Renewal Request Payment #6 to Amt Construction for the 2005 PMP Project in the amount of $234,331.17 Motion to Approve the Proposal Submitted by Chuck Wagon Catering Company in the amount of$4,185.45 for the Celebrating Arden Hills Annual Catered Meal Event Motion to Approve the IRS Mileage Reimbursement RatefPolicy Amendment MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). 4. PUBLIC INQUIRIES/INFORMATIONAL None. 5. PUBLIC HEARINGS Mayor Aplikowski introduced the new City Planner, James Lehnhoff. Mr. Lehnhoff summarized his background for Council. 6. NEW BUSINESS A. MOTION TO APPOINT VINCENT PELLEGRIN AS THE CITY OF ARDEN HILLS COUNCILMEMBER FOR THE REMAINDER OF THE JANUARY 30, 2006 TO DECEMBER 31. 2006 ELECTION TERM - Ms. Wolfe stated on November 2, 2005, City Councilmember Lois Rem announced her resignation from the Arden Hills City Council effective December 31,2005. On December I, 2005, City staff began recruitment efforts to fill the vacant seat. The vacant City Council seat was advertised in the local newspapers, on the City's website, and through the local access cable ~-'-, ARDEN HILLS CITY COUNCIL - January 30, 2006 3 -- channel. The City Council received six applications for the open seat. On January 20'h, six applicants participated in the formal review process. The interviews were conducted by Mayor Beverly Aplikowski and Councilmembers Brenda Holden and David Grant. After careful thought and deliberation, the recommended candidate for the vacant City Council seat is Mr. Vincent Pellegrin. Mr. Pellegrin is currently the Chief Operating Officer for Metro Transit. He is also a volunteer fire fighter for the City of New Brighton. He is currently the President of the North Suburban Hazardous Materials Team, which is comprised of the Lake Johanna, New Brighton, Vadnais Heights, and Falcon Heights fire departments. Mr. Pellegrin has twenty-six years of experience in the public sector field and is looking forward to assuming a more active role in the public policy making process for the City of Arden Hills. All members of the City Council have commented on the quality ofthe candidates for the vacant Council seat, and the difficulty of choosing only one. The City is very grateful to all residents who took the time to apply for this very important position in the City. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve appoint Vincent Pellegrin as the City of Arden Hills Councilmember to complete the remainder of the January 30, 2006 to December 31, 2006 election term. The motion carried unanimously (4-0). Swearinl! in Ceremony for Councilmember Vincent Pellel!rin _ Mayor Aplikowski administered the oath of office to Vincent Pellegrin. B. Resolution 06-18: Recol!nizinl! Dave Scherbel as the 2005 Emplovee of the Year recipient and Mike Schifskv for his twenty-five vears of service to the City of Arden Hills Ms. Wolfe stated on January 12'h, the City of Arden Hills held its first annual employee recognition luncheon. At the employee recognition luncheon the following awards and honors were given to the City of Arden Hills staff members: Building Official Dave Scherbel was named the City of Arden Hills 2005 Employee of the Year Operations and Maintenance Worker Mike Schifsky was recognized for his 25 years of service to the City of Arden Hi11s. She requested Council approve Resolution 06-18 recognizing Dave Scherbel and Mike Schifsky for their recent accomplishments. ~ MOTION: Councilmember Larson moved and Counci1member Holden seconded a motion to Approve Resolution 06-18, Resolution Recognizing Dave Scherbel for being named the 2005 Employee of the Year and to Mike Schifsky for his twenty-five years of service to the City of Arden Hills. The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - January 30, 2006 4 . C. Planninl!" Case 05-22: 3988 Glenview Avenue Variance Mr. Lehnoff stated the applicant, Sandra Kennedy, submitted a variance application to rebuild a home on her property at 3988 Glenview A venue that was destroyed by fire and is not habitable. The applicant plans to demolish most of the structure and rebuild a new home that utilizes the existing footprint and a small portion of the existing foundation. This proposal requires a variance to reduce the required 40-foot structure setback from the Lake Valentine Road and Glenview Avenue rights-of-way. The new structure will be set back 25.81 feet from the Lake Valentine right-of-way and 33.42 feet from the Glenview Avenue right-of-way, which is the same as the previous structure. He noted at the January, 2006 Planning Commission meeting, the Commissioners recommended unanimous approval subject to two conditions as noted in staffs January 18, 2006 report. Sandra Kennedy, applicant, inquired about the height of the roof and the driveway. She asked what were the two conditions for approval. Mr. Lehnhoff stated the two conditions did not address the roof or driveway. He summarized what the conditions of approval were. . MOTION: Councilmember Grant moved and Councilmember Holden seconded a motion to approve Planning Case 05-22: 3988 Glenview Avenue Variances subject to the two conditions as noted in staffs January 28, 2006 report. The motion carried unanimously (5-0). D. Plan nine Case 05-23: CorDorate EXDress. 500 KW Standbv Generator Mr. Lehnhoff stated the applicant, Corporate Express, has submitted a Site Plan Review application to install an emergency generator for their facility at 1233 West County Road E. Corporate Express is a distributor of office supplies and equipment for businesses and organizations. This facility contains office and warehouse space and serves as a distribution center. The proposed generator will provide power to the facility in emergency situations when the primary power to the building is interrupted. He noted at the January, 2006, Planning Commission meeting, the Commissioners recommended unanimous approval subject to three conditions as noted in staffs January 18,2006 report. Mr. Dale Paakkonen, Representative for Corporate Express, presented a letter dated January ] 6,2006 from Wagner Power Systems as requested by the Planning Commission addressing the sound attenuation for the generator. He stated they wanted to put in a generator to allow the business to continue during a power outage. He indicated the generator would only be used in the event of an emergency power outage. He summarized for Council the decibel ranges from different distances. ~ Council member Holden inquired how the manufacturer would get the generator down to 75 decibel at 23 feet. Mr. Paakkonen responded the manufacturer would take off the outer cover and insulate the inside and replace the outer cover. . . . ARDEN HILLS CITY COUNCIL - January 30, 2006 5 Councilmember Holden asked how often would the generator need to be tested. Mr. Paakkonen responded the generator would only be used in emergency purposes, but the generator needed to be run once a week for 15-20 minutes and he indicated the timer could be preset to run at the most convenient time for the City and the neighboring properties. Councilmember Larson stated he believed the trains that ran through the area would be far louder than any generator would be. He stated the likelihood of a generator operated only in an emergency would be a disruptive factor was minimal. Councilmember Grant stated he believed 95 decibels was louder than a train and 95 decibels was quite loud, but with the sound materials they were proposing to put in was apparently the best they could do. He noted the existing neighbors were there today, but it might be a different business in the future or redevelopment could occur, and he wanted Council to keep this in mind. He stated he was not necessarily against this proposal however. Councilmember Holden asked what time would the testing of the generator take place. Mr. Paakkonen responded they would do the testing whenever the City wanted them to. Mayor Aplikowski stated she believed the generator being tested during the day would be the best option and she would leave it up to them as to whether it would be morning or afternoon. Councilmember Larson suggested they invite their neighbors over the first time the generator is being tested so they would know where the noise was coming from when they heard it. Mr. Paakkonen responded he had spoken with the surrounding neighbors and they did not have any issue with the generator and had actually asked for the manufacturers information. Councilmember Larson asked if applicant would be able to meet the 65 decibels at the property line. Mr. Lehnhoff responded it was not possible for them to meet the 65 decibels at the property line and this condition would need to be amended. Council member Pellegrin asked what the manufacturer had told them as to how much sound attenuation they could get. Mr. Paakkonen summarized the manufacturer's specifications. Councilmember Pellegrin stated the item that was going to make the most noise was the fan. He asked what was possible with respect to manufacturer's specifications. Mr. Joe Denzel, Corporate Express, responded the letter submitted at the meeting was what was feasibly possible. Councilmember Pellegrin asked if they had looked at the exhaust emissions that came from the generators. Mr. Joe Denzel slated the generator purchased had the new emission requirements for the State of California and met the most stringent requirements today. Council member Larson requested under condition 3 they delete the submission of a noise mitigation plan and require they add the sound absorbent material that would reduce the noise to the 75-decibellevel at 23 feet. . . . ARDEN HILLS CITY COUNCIL - January 30, 2006 6 Councilmcmber Holdcn asked them if they could get the decibels down to 65. Mr. Joe Dcnzel responded it was possible to go down farther, but they could not afford to go down any further than 75 decibels; it was not economically feasible for them. Mayor Aplikowski suggested they add a Condition 4 to read: In the future if there were any complaints, Corporate Express will work with City staff to mitigate the complaint. Mr. Filla stated there were two things in the January 16 letter, one the sound absorbing baffle and the roof mount of the exhaust silencer. He asked if both of those things were going to he done. Mr. Joe Denzcl responded that was correct. Mr. Filla recommended Condition 3 read: Compliance with the sound attenuation and procedures as described in the January 16, 2006. letter are followed. Councilmember Holden requested Condition 5 to read: Corporate Express will work with staff to find the appropriate time for the weekly testing. MOTION: Council member Larson moved and Councilmember Holden seconded a motion to approve Planning Case 05-23: Corporate Express, 500 KW Standby Generator subject to the two conditions as noted in staffs January 18, 2006, report and the addition of the three conditions as requested at tonight's meeting. The motion carried unanimously (5-0). 7. UNFINISHED BUSINESS None. CITY COUNCIL REPORTS Ms. Wolfe - Stated there would be a closed session following the regular Council meeting to discuss a pending City arbitration. Councilmcmber Holdcn - Stated the Newsletter Committee meets tomorrow at 5:30 p.m. at City Hall. Councilmembcr Grant - Summarized for Council the Planning Commission meeting January meeting. Councilmembcr Larson - Stated he was unable to attend the January 9 meeting due to a business trip, but he wanted to make some comments regarding Arden Plaza, which was discussed at the January 9 Council meeting. He stated he cared a lot about the quality of development that took place in the City and in the past the Council had not led enough with respect to their expectations of developers. He stated the Arden Hills City expectations should be more than the neighboring cities and he believed Arden Plaza gave them a golden opportunity to say upfront what they wanted ITom developers. He stated their attitude should be that they want to see quality development in the City and the materials set forth in the Zoning Code need to be followed. He stated he was not sure what the process was to get to the guidance they needed to do or they would lose the opportunity to say what they wanted to do with Arden Plaza. . . . ARDEN HILLS CITY COUNCIL - January 30, 2006 7 Councilmember Holden noted the Council had discussed a lot of these issues at the Council meeting and suggested Councilmember Larson watch the meeting tape. Councilmember Pellegrin - Stated he was looking forward to the privilege of being a Councilmember and representing the citizens and he thanked the Council for this opportunity. Mayor Aplikowski - Inquired as to when the retreat was going to be held. Ms. Wolfe responded it would be held on March 10 and II, 2006. Mayor Aplikowski - Stated she had attended an eminent domain meeting this morning with the Community Development Director Barton. City Administrator Wolfe attended a Met Council meeting. Ms. Bartou aud Ms. Wolfe summarized the meetings that they attended for the City Council. Mayor Aplikowski - Stated they had received an invitation to join Mayor Coleman at the Winter Carnival on February 4 from 4:00 - 6:00 p.m. She indicated if any Councilmember was interested in attending, to talk to her. Closed Session Mayor Aplikowski adjourned the Regular City Council Meeting meeting at 8:03 p.m. to convene to a closed session to discuss with the City of Arden Hills v. Rochon Corporation Arbitration Case-Pursuant to MS 130.05 SUBD 3.b. After Closed Session, members of the City Council reconvened at 8:31 PM. A motion was made by the City Council: MOTION: Mayor Aplikowski moved and Councilmember Grant seconded a motion to authorize the expenditure of up to $40,000 to Wiss, Janney, Elstner, & Associates for completing structural testing on the City Hall building and preparation ofa final report that states the findings of the structural testing. Mayor Aplikowski adjourned the Regular City Council Meeting meeting at 8:33 p.m. Beverly Aplikowski Mayor Michelle A. Wolfe City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, February 13, 2006 at 7:00 p.m. at the Arden Hills Council Chambers.