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HomeMy WebLinkAboutCC 07-31-2006 e e e ~ ~~HILLS Approved: 8/29/06 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 31, 2006; 7:00 P.M. ARDEN HILLS CITY COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:05 p.m. Present: Mayor Beverly Aplikowski, Gregg Larson, Brenda Holden, and Vincent Pellegrin. Absent: Councilmember David Grant (excused). Also present were City Administrator, Michelle Wolfe; City Attorney, Jerry Filla; Chief Financial Officer/Treasurer, Murtuza Siddiqui; Community Development Director, Karen Barton; City Engineer, Kris Giga; Assistant City Administrator, Schawn Johnson; City Planner, James Lelmhoff; Parks and Recreation Manager Michelle Olson; and Recording Secretary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Mayor Aplikowski stated item 7.E. would be removed from the agenda and moved to a closed session after the adj ournment of the regular Council meeting. MOTION: Councilmember Larson moved and Councilmemher Pellegrin seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (4-0). 2. APPROVAL OF MINUTES A. July 10,2006 City Council Meeting B. July 10, 2006 Work Session Meeting Minutes MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to approve the July 10, 2006 City Council Meeting Minutes as presented and the July 10, 2006 Council Work Session Minutes as presented. The motion carried unanimously (4-0). e e e ARDEN HILLS CITY COUNCIL -JULY 3], 2006 2 3. CONSENT CALENDAR a. Claims and Payr01l b. Reso]ution No. 06-39: A Reso]ution Appointing the 2006 Primary E]ection Judges c. Motion to Approve an Agreement with the City of New Brighton for Cable Technician Support d. Motion to Approve the Cance1lation of the August ]4th City Council meeting e. Motion to Approve Payment #2 to Margolis Company in the amount of$]2,575.53 for the Highway 6] Landscape Project MOTION: Councilmember Larson moved and Councilmember Holden seconded a motion to approve the Consent Calendar and to authorize execution of a1l necessary documents contained therein. The motion earned unanimously (4-0). 4. PULLED CONSENT ITEMS None. 5. PUBLIC INOUlRIESIINFORMATIONAL None. 6. PUBLIC HEARINGS None. 7. NEW BUSINESS A. P]annin!! Case 06-019: Special Use Permit Amendment and Site Plan Review, Celestica. 4300 Round Lake Road Mr. Lehnhoff stated the applicant proposes to insta1l a second ]2,000 gallon nitrogen tank immediately south of the existing 12,000 ga1l0n nitrogen tank. The second nitrogen storage tank would be placed on a concrete slab, and the fence around the existing tank would be extended approximately twelve feet to the south to completely enclose the proposed second tank. He noted at the Planning Commission meeting, a fourth condition was added that made the proposed ]2,000 gallon nitrogen tank contingent upon review and approval by the Fire Marshal. The Fire Marshal has reviewed the proposal and does not have any objections. He stated the Planning Commission unanimously recommended approval of the Special Use Permit Amendment and Site Plan Review to add an additional ]2,000 gallon nitrogen tank to the south side of the building based on the submitted plans and the seven findings of fact. e e . ARDEN HILLS CITY COUNCIL -JULY 31, 2006 3 He recommended Council approve the Special Use Permit Amendment and Site Plan Review subject to the four conditions as noted in staffs July 24,2006 report. Councilmember Pellegrin asked if the nitrogen would be cryogenic. Charles Patterson, Celestica, responded it would be in a cryogenic form. MOTION: Councilmember Pellegrin moved and Councilmember Holden seconded a motion to approve Planning Case 06-019, Special Use Permit Amendment and Site Plan Review; Celestica, 4300 Round Lake Boulevard based on the submitted plans, the seven findings of fact, and subject to the four conditions as noted in staffs July 24, 2006 report. The motion carried unanimously (4-0). B. Planninl!: Case 06-020: Site Plan Review. Citv Insulation of Madison, 3755 Dunlap Avenue Mr. Lehnhoff stated the applicant proposes to add four new loading docks to the south side ofthe existing 11,720 square foot building at 3755 Dunlap Avenue. Modifications to buildings in the B- 4 Zone require an approved site plan review. Three of the docks would be 16' wide and 14' high and the western most dock would be 12' wide and 14' high. There is one existing loading dock on the south side of the building near the front of the building and one loading dock on the west (rear) side of the building. Both of the existing dock doors would remain. The applicant is not proposing any other changes to the building or the lot. He indicated the building contains 10,320 square feet of warehouse space and 1,400 square feet of office space on a .93 acre lot. The business occupying the space, an insulation installer and contractor, is a conforming office/warehouse use in the B-4 Zone. According to the applicant, the doors are needed to provide better access to the warehouse portion of the building for easier and more efficient loading and unloading of insulation materials. The docks are not meant to significantly increase the number of trucks or traffic on the site. The proposed dock doors would match the existing dock doors. He stated the Planning Commission unanimously recommended approval of the Site Plan Review to add four new docks to the south side of the building based on the submitted plans and the fourteen findings of fact and subject to the six conditions as noted in staffs July 24,2006 report. He indicated staff had not received any public comments regarding this application. Councilmember Pellegrin asked if this would reduce the truck traffic. Mr. Lehnhoff responded it would not reduce the truck traffic, but it would reduce the idle time of the trucks. Councilmember Larson asked if there would be an increase in truck traffic. Mr. Keith Glenn, representative of applicant, responded at this point there was no plan to increase the amount of employees and trucks, but he could not speak to the future regarding truck traffic. MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to approve Planning Case 06-020, Site Plan Review, City Insulation e e e ARDEN HILLS CITY COUNCIL -JULY 31, 2006 4 of Madison, 3755 Dunlap Avenue based on the submitted plans, the 14 findings of fact, and subject to the six conditions as noted in staffs July 24, 2006 report. The motion carried unanimously (4-0). c. Planninl! Case 06-013: Variance and Preliminary Plat. Amities LLC. 3685 and 3695 New Bril!hton Road Mr. Lehnhoff stated the applicant submitted the original preliminary plat and variance application on April 10, 2006. That applicant sought to re-plat 3685 and 3695 New Brighton Road into four lots. A variance was also requested to allow all four lots to share one private driveway and for two lots to not be adjacent to the public right-of-way. Due to the design of the preliminary plat, the plat was contingent upon approval of that variance. The Planning Commission reviewed that application on May 3, 2006. The Planning Commission voted 3-2 (with one abstention) to recommend denial to the City Council. The applicant submitted a letter to the City Council requesting the application be tabled with the intent of submitting a revised plat application. The City Council reviewed the application on May 22, 2006 and voted to table the application and remand it back to the Planning Commission for further review. Due to the limited time between the May City Council meeting and the June Planning Commission, the applicant was not able to submit a revised application in time for the June 2006 Planning Commission meeting. Therefore, at the June 7th meeting, the Planning Commission voted to table the application until the July 12th meeting. He reviewed his analysis and noted the Planning Commission recommended approval (with one abstention) of the preliminary plat based on the submitted plans and on five findings of fact and seventeen conditions as noted in staffs July 24, 2006, report. Phil Littlefield, applicant, stated he believed this proposal was a much cleaner design. He noted the greatest concern was the retaining wall, which had been resolved. Conncilmember Larson asked what had been the practice most recently regarding park dedication. Mr. Lehnhoff responded the percentage depended upon how many lots were being created. He stated what they have typically done in the past was to not count the lot already developed. He indicated he had based this on three new lots. He stated he did not count Lot 4. Conncilmember Pellegrin stated he was fine with this proposal, but he lived in this neighborhood and asked if he needed to abstain. Mayor Aplikowski stated he was not required to abstain, but he could ifhe wanted to. MOTION: Councilmember Pellegrin moved and Councilmember Holden seconded a motion to approve Planning Case 06-013, Variance and Preliminary Plat, Amities LLC, 3685 and 3695 New Brighton Road based on the submitted plans, the five findings of fact, and subject to the seventeen conditions as noted in staffs July 24, 2006 report. The motion carried unanimously (4- 0). e e e ARDEN HILLS CITY COUNCIL-JULY 31, 2006 5 D. Motion to Approve the Proposed Vanehn Propertv Access Road Ms. Barton stated the City established the Gateway Business District (GBD) in 1988 to redevelop the area generally located at the northeast comer of 1-35W and 1-694. In early 1997, Welsh Companies requested the City vacate a portion of 14th Avenue NE to facilitate a proposed development in the GBD. However, vacating 14th Avenue would result in the Vaughn property, located to the south and east of the Welsh property, having no direct access from the west. Although the Vaughn property has an easement access from the east, due to wetlands and terrain, access from this easement was virtually impossible. She indicated given this situation, the City passed Resolution 97-55 granting the requested vacation of 14th Avenue NE with the condition that Welsh Companies transfer a replacement right-of-way to the City which includes Gateway Boulevard and an access to the Vaughn property. Easements were recorded in March 1998 allowing for the construction of Gateway Boulevard and the access to the Vaughn property from the west (from Gateway Boulevard). She stated staff recommends Council approve the Vaughn property access road and amend the budget in the amount of$17,603.28. Conncilmember Holden asked when 14th Avenue NE was originally given up, did the City receive anything in kind. Mr. Filla responded he did not remember the details as to why this was set up the way it was. Councilmember Holden asked ifMr. Vaughn had been using the road. Mr. Filla responded he has been using the access at this location. MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to approve Vauglm property access road and to amend the budget in the amount of $17,603.28 to pay for the construction of said road and approve the Vaughn property access road. The motion carried unanimously (4-0). E. Motien te Appre'..e Tel.l.p Offer te Purchase Moved to Closed Session. F. Motion to Approve the Contract Between the Citv of Roseville and the City of Arden Hills for Water Service Ms. Wolfe stated the City of Arden Hills contracts with the City of Roseville for water services. This agreement allows the City to purchase water from the City of St. Paul via Roseville. Roseville has been providing water to Arden Hills continuously since 1963. The most recent contract between the City of Roseville and City of St. Paul expired on May 24, 2004. Effectively the contract with Roseville expired that same date. RoseviJle began reviewing their water needs in 2001 and decided to stay with the City of St. Paul. They approved a new contract with St. Paul in April 2005 and the contract went into effect after the St. Paul Board of e e e ARDEN HILLS CITY COUNCIL -JULY 3 I, 2006 6 Water Commissioners approved it. The previous contract was a twenty-year contract. The new contract is also for twenty years. She recommended Council approve the contract for water services between the City of Roseville and the City of Arden Hills. MOTION: Councilmember Pellegrin moved and Councilmember Larson seconded a motion to approve the contract for water services between the City of Rosevil1e and the City of Arden Hills. The motion carried unanimously (4- 0). G. Motion to Approve Chanl!e Order #2 Amt Construction in the amount 0($15,000 for the 2006 PMP Proiect Ms. Giga stated construction for the 2006 PMP improvement project has begun. Residents have continued to express concerns regarding the preservation of trees and the overall integrity of the neighborhood. Staff has responded to these concerns by making some adjustments to the proposed utility work on the plans, and shifting alignments where possible to avoid additional tree removal. With the revisions, most trees of concern can be protected. However, the contractor has expressed a concern about the revisions, particularly at the Siems Court and Arden Place intersection. The proposed storm sewer is extremely deep in this intersection. When installed, the depth of the storm sewer will expose many of the existing utilities in the intersection, including the watermain. Given the age and material of the pipe, the contractor is concerned about having "live" watermain exposed while their crews are working underneath it. The contractor is proposing to provide temporary water service to 15 homes in the Siems Court cul-de-sac while the intersection work is completed, this would enable them to shut offthe watermain providing a safer work environment for the crew installing the storm sewer. The contractor has quoted the price for this work to be $313,420. She indicated the amount of the change order would be charged to the Water Fund. She recommended Council approve Change Order #2 for the 2006 PMP project, not to exceed $13,420.00. Councilmember Holden asked what the definition of temporary was. Ms. Giga responded it would be for the duration it took them to get through the intersection, possibly a week. Councilmember Holden asked when they were bidding on this did they not have any information to show the watermains were at this depth. Ms. Giga responded this came up when they were reviewing the plans with the contractor and after they had made revisions to the plans per the residents' requests. Councilmember Larson asked if there was a way to minimize the cost by making a connection back to the service line. He believed it was expensive to reconnect each individual home. Ms. Giga responded they were looking at ways to reduce the cost and this was the quote given by the contractor, but noted it could be just as expensive if not more expensive to reconnect the service line. .. e e ~ ~~HILLS Finance Director Interview Schedule September 5th Applicant Time Kathy Trombley-Ferrin 8:30 AM to 9:15 AM Roxanne Smith 1:15 PM to 1:45 PM Scott Post 2:00 PM to 2:45 PM Richard Hill 3:00 PM to 3:45 PM . - . ARDEN HILLS CITY COUNCIL-JULY 31, 2006 7 Councilmember Pellegrin asked where the disagreement was between staff and the contractor. Ms. Giga responded there was no disagreement. They were still looking at alternatives to get the temporary line in at a lower cost, is possible. MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to approve Change Order #2 for the 2006 PMP project in an amount not to exceed $13,420.00. The motion carried unanimously (4-0). H. 2006 PMP Assessments Ms. Giga stated a portion of the costs for the 2006 PMP proj ect are assessed to the benefiting properties. In order to assess these costs, the City must follow the public hearing steps outlined in State Statute 429. The first step in the assessment process is consideration of a resolution declaring costs to be assessed and ordering preparation of assessment rolls. Next, in order to comply with the statutory assessment process, it is necessary for the Council to adopt a resolution setting a hearing date for the assessments. Public hearings are required in order to assess the cost of public improvements. The proposed assessments have been prepared in accordance with Arden Hills' assessment policy previously adopted by the City Council. She recommended Council hold the assessment hearing on August 28, 2006 for the 2006 PMP Ridgewood Neighborhood improvements. She reviewed the financial implications. She recommended Council approve Option 1, based on the contractor's bid price. Councilmember Holden asked what the average increase was of the PMP projects as they went forward. Ms. Giga responded she was not sure what the average increase has been in the past. Ms. Wolfe stated on previous proj ects the street portion, which was the part the City assessed for, was actually close to what was estimated. The increases happened due to changes in utilities and stormwater. Councilmember Larson asked the assessment per unit rate compared to Edgewater. Ms. Giga responded it was a wide range. She indicated the average was right around $5,000.00 but that does not consider inflation or significant increases in construction costs over the last few years. Councilmember Larson stated the most important thing for the City to adhere to was the idea that they base their assessments for the street improvements that are assessed as closely to the actual costs as possible, and therefore he was in favor of Option I. He believed it was a good idea to come up with some estimates early on, but he believed they should always try and base the assessment on the bid costs if they could do it. He suggested adding a sentence to the assessment policy stating if they had the costs, those costs would be used. Councilmember Holden stated she was in favor of Option I also. MOTION: Councilmember Holden moved and Councilmember Larson seconded a motion to approve Resolution 06-41: Resolution Declaring Costs to be . - . ARDEN HILLS CITY COUNCIL -JULY 31, 2006 8 Assessed and Ordering the Preparation of the Assessment Roll based on Option 1. The motion carried unanimously (4-0). MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to approve Resolution 06-42: Resolution Receiving the Proposed Special Assessment and Providing for Public Hearings on August 28, 2006 and an additional date of September 11, 2006, if needed. The motion carried unanimously (4-0). Councilmember Larson asked if this should be the procedure they follow in the future. Ms. Wolfe stated they could address this when they discuss next year's projects and the CIP. 8. UNFINISHED BUSINESS Mayor Aplikowski moved item 8C to before item SA. C. Shoreline Lane Drivewav Repair Ms. Giga updated the Council regarding the Shoreline Lane Driveway Repair. She requested Council authorize staff to continue discussions with the homeowner and provide staff with a budget. She indicated to reconstruct the northern 36 feet of the driveway with bituminous was $6,500.00. The estimated cost to replace the driveway with concrete was $9,000.00, which did not include the replacement ofthe concrete apron. She asked Council to approve a budget not to exceed $10,000. Mr. Jeff Lanasa, 5133 Shoreline Lane, stated he had received a letter from the City this afternoon when he called and asked what was going on. He stated that when the City tore up the street and the driveway two possibilities were presented for the driveway - asphalt or concrete. He stated their preference as asphalt. He stated they were told the City could do it in asphalt and the City found the subcontractor to do the driveway, which they have had problems with. He stated they had not been informed that asphalt should not be done. He stated when he talked to the City Engineer last week that was when he was informed that he should split the cost. He stated the base under the apron was not deteriorating. He stated the base under the asphalt driveway was eroding. He stated the driveway did not drain away from the house like it used to. He stated he was confused when the City said it should be concrete, but was willing to do asphalt for the third time. He noted this had been going on for two years. He stated he wanted a functioning driveway like he had before the City came in and dug up the street. He stated ifthere was some way to drain the driveway and not have standing water that was what he wanted. He stated with respect to the sewer, all three breaks were where the work was done, which he found lromc. Council member Holden asked if there was a letter sent with respect to residents given the choice between bituminous and concrete. Ms. Giga responded she believed past practice was to replace the driveway with what they previously had. Ms. Wolfe stated the best information staff had was provided by the contract engineers who did most of the work on the project and she was not aware of any letter that had gone out with respect . . . ARDEN HILLS CITY COUNCIL-JULY 31, 2006 9 to this driveway topic. She stated in discussions with the contract engineers, in this particular case there was concern because the existing driveway already had a small amount of grade and there was concern about constructing this driveway in bituminous. They indicated that concrete might be a better solution because ofthe grade issues and that was what was proposed. She stated the resident preferred bituminous and the City then put in bituminous. She indicated last spring there was concern from the resident with standing water and now this spring the holes appeared and at that time this was brought to Council. Mr. Lanasa stated they were told the driveway could be concrete or asphalt and they chose asphalt. He stated it was never discussed with them that they should do concrete instead of asphalt. Councilmember Larson stated normally staff would not have given him the option and would have just replaced it with what was already there. Ms. Giga responded that was correct. Councilmember Larson asked ifhe was now willing to accept concrete. Mr. Lanasa responded if that was what it took to have the driveway function properly, he would accept concrete. Council member Larson stated he was comfortable having the driveway replaced with concrete and doing it in a way that would solve the drainage problem. Councilmember Pellegrin asked how concrete would address the assessment that there were still problems with the apron base. Ms. Giga responded they would ensure the base was properly compacted before putting in the new surface. Mayor Aplikowski requested Mr. Lanasa sign an agreement that the driveway would be regular white concrete. Ms. Giga noted ifthey were replacing the entire driveway with concrete, it would increase the costs significantly. Councilmember Holden responded the entire driveway would need to be replaced because a half /half driveway was not acceptable. She asked staff to look into the sewer line again so if this was the cause of the problem, the problem would be addressed now. MOTION: Councilmember Holden moved and Councilmember Pellegrin seconded a motion to replace the driveway and garage apron at 3153 Shoreline Lane with concrete, and correct the drainage of the driveway. The motion carried unanimously (4-0). . . - ARDEN HILLS CITY COUNCIL -JULY 31, 2006 10 A. Motion to Approve the Warminl!: House Replacemeut Plan Ms. Olson stated at the May 8, 2006 Council meeting, a warming house comprehensive report was presented. The Council tabled the item to the June 19, 2006 Work Session for further discussion. At that time, staff was directed to bring the report back with additional information. At the Work Session, the City Council reviewed the report and showed support for a combination of two options. Based on those discussions, staff has drafted a proposed replacement plan. She reviewed the replacement plan and budget considerations. She recommended Council direct staff to implement the warming house replacement plan as recommended including: removal of existing Freeway Park warming house and installation of cement pad; move existing building at Valentine Park to Freeway Park; relocate and disconnectlhook-up for Valentine Park and Freeway Park; and rent mobile unit for Valentine Park for the 2006/2007 season. Councilmember Holden asked ifthe warming house at Valentine Park was in excellent condition. She indicated she did not want to move a warming house if it was not in excellent condition. Ms. Olson responded staff had looked at this and the warming house was in good shape. Councilmember Holden stated she would like to see staff start putting together a study of Valentine Park and come back to Council next year with their assessment regarding the warming house. Ms. Olson stated it would not work having a permanent building there and staffwould look at alternatives to bring to the PTRC and Council. Mayor Aplikowski stated staff should probably talk to the neighbors to see how the park was being used. She noted if it was basically used for the ice skating rink, it did not mean they necessarily needed a wanning house. MOTION: Councilmember Larson moved and Councilmember Pellegrin seconded a motion to approve the warming house replacement plan to include: Removal of existing Freeway Park warming house and installation of cement pad; move existing building at Valentine Park to Freeway Park; Relocate and disconnect/hook-up for Valentine Park and Freeway Park; rental of mobile unit for Valentine Park for the 2006/2007 season. The motion carried unanimously (4-0). Ms. Wolfe asked if the Council had reached a consensus to do a study of Valentine Park. Council agreed. B. Motion to Approve the Proposed O&M Department Structure and Public Works Director Recruitment Process Ms. Wolfe stated at the July 10 Council meeting, the Council held a post-meeting work session to discuss the options for reorganization ofthe Operations and Maintenance Department. Several options were presented to Council, and staff recommended Option C. After discussion, Council directed staff to proceed with preparing for the reorganization and to bring the item to a future . . - ARDEN HILLS CITY COUNCIL-JULY 31, 2006 11 Council meeting. She reviewed the proposal and recommended Council approve the new organization chart for the Arden Hills Public Works Department; approve the upgrade ofthe existing "Recreation Program Supervisor" position to "Parks and Recreation Manager"; and approve a recruitment plan for the Public Works Director position. MOTION: Councilmember Pellegrin moved and Councilmember Larson seconded a motion to approve the organization chart for the Arden Hills Public Works Department; approve the upgrade of the existing "Recreation Program Supervisor" position to "Parks and Recreation Manager"; and approve a recruitment plan for the Public Works Director position. The motion carried unanimously (4-0). D. TCAAP Ms. Wolfe updated the Council on recent TCAAP developments. 9. COUNCIL COMMENTS AND REOUESTS Mayor Aplikowski stated this was Mr. Siddiqui's last meeting. She thanked him for his hard work while employed with the City. Mr. Siddiqui stated it was a pleasure working with the City and he believed they had accomplished a lot over the past 2 Yz years. Councilmember Holden requested an update on the diseased and marked trees. She requested for an update on the Stenberg property. She requested they have a work session discussion clarifying when residents can speak on an agenda item when it is not a public hearing. Councilmember Larson stated the new website was up and it was much improved. He recommended everyone look at it to see the improvements. Mayor Aplikowski noted the Communications Committee was a hardworking group and thanked them for all of their hard work and efforts. She thanked the two new members of the staff, Ms. Barton and Ms. Giga for all of their hard work. She also thanked all of the staff for their hard work. Mayor Aplikowski adjourned the Regular City Council Meeting at 9:05 p.m. to recess into a Closed Session. The meeting was reconvened at 10:30 a.m. Item 7E: Motion to Approve TCAAP Offer to Purchase. Attorney Jerry Fills indicated that after continuing negotiation discussions in closed session, it was time to consider motions in regards to approval of an Offer to Purchase. . . - ARDEN HILLS CITY COUNCIL -JULY 31, 2006 12 Motion authorizing Mayor and City Administrator to sign offer to purchase subject to the following: 1. Legal review and approval by the City's attorney's); and 2. Execution of an earnest money reimbursement agreement with CRR, which shall include guarantees by the Rehbein Corporation and by the Ryan Corporation. Motion was made by Vince and seconded by Gregg, approved 4-0. Motion authorizing Mayor and City Administrator to sign the earnest money reimbursement agreement with CRR subject to the following: Legal review and approval by the City attorney's). Motion was made by Gregg and seconded by Vince, approved 4-0. Motion to adjourn by Counci1member Holden, second by Councilmember Larson at 10:52 p.m. /!~ik~' Mayor 'J\;{l~~ Michelle A.Wolfe City Administrator NOTICE OF MEETINGS The next Council Meeting will be held Monday, August 28, 2006 at 7:00 p.m. at the Arden Hills Council Chambers.