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HomeMy WebLinkAboutCC 11-28-2005 , , ~ v . ~~LS Approved: December 12, 2005 CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 28, 2005, 7:00 PM CITY HALL COUNCIL CHAMBERS, 1245 WEST HIGHWAY 96 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 7:04 p.m. Present: Mayor Beverly Aplikowski, Councilmembers David Grant, Gregg Larson, Lois Rem, and Brenda Holden. 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; and Recording Secrctary, Kathleen Altman. 1. APPROVAL OF MEETING AGENDA Mayor Aplikowski pulled item 3d from the Consent Calendar and moved it to item 6e. She noted there would also be no closed work session following the regular meeting. MOTION: Councilmember Grant moved and Councilmember Larson seconded a motion to approve the meeting agenda as amended. The motion carried unanimously (5-0). 2. APPROVAL OF MINUTES A. November 14, 2005 City Council Minutes Councilmember Holden requested the following changes: Page 4, last paragraph, first sentence, change October to November. Council member Grant requested the following changes: None. . Councilmember Rem requested the following changes: None. Councilmember Larson requested the following changes: None. I IMetro- ine!. uslardenhills \Admin ICouncillMinuteslRegularl2005111- 28-05 Approved.doc --..-- ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES _NOVEMBER 28, 2005 2 . Mayor Aplikowski requested the following changes: None. Ms. Wolfe requested the following changes: None. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the November 14, 2005 City Council Meeting Minutes as amended. The motion carried unanimously (5-0). 3. CONSENT CALENDAR a. Claims and Payroll b. Motion to Approve 2006 Liquor Licenses c. Resolution No. 05-64: Approving the 2006 City of Arden Hills Recycling Fee d. Paymeat to Rochon, Inc. for $33,298.07 City Hall Repairs MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve the Consent Calendar and to authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). . 4. PUBLIC INQUIRIES/INFORMATIONAL A. Xce1 Energy - Tree Trimming Information John Wetish, Brad Weidenfeller, and Dennis Fallon, Xcel Energy, updated the Council on Xcel Energy's vegetation management (tree trimming) program. Councilmember Larson stated he did not believe the residents were receiving sufficient notice from Xcel Energy's subcontractors when they were coming out to trim the trees. He requested Xcel Energy ensure their contractors were sending out sufficient notice to the residents. Mr. Fallon responded if there were any issues regarding notices, to let him know. He noted Xce1 Energy was not required to send a notice, but they made a concerted effort to send notice to the residents. Mayor Aplikowski requested Xcel Energy remind their crews to be courteous to the residents when they made inquiries. She suggested the communication committee do a general article on lot lines, tree lines, etc. for a future issue. B. Mounds View School District Update - Noreen Thompson, School Board Member Noreen Thompson updated the Council on the Mounds View School District. . 5. PUBLIC HEARINGS None. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 28, 2005 3 . 6. NEW BUSINESS A. Planninl! Case No. 05-19: Brvson Woods Final Plat Approval Ms. Barton requested City Council to consider thc requested Final Plat. She stated at the November 2,2005 meeting of the Planning Commission, they reviewed the Final Plat for Bryson Woods development and recommended unanimous approval, after making a finding that the proposed variances were not merely inconveniences, the conditions upon which the variances were based upon were unique to the property, and the variances would not be substantially detrimental to the public welfare and were in concert with City regulations; subject to the following conditions: a. Recording at Ramsey County. The developer shall file the Final Plat with the Ramsey County Recorder and provide the City with a recorded copy. b. Compliance with City Code. The developer shall comply with the applicable provisions of the City Code and related ordinances. c. Park Dedication. The developer shall enter into a Public Use Dedication Fee Payment Agreement prior to the City's release of the Final Plat. d. Development Agreement. The developer shall enter into a Development Agreement . with the City, which must be executed prior to the release of the Final Plat. e. Removal of Structures. The developer is required to remove the exi sting structures prior to the City's issuance of building permits, unless a surety bond is posted with the City to ensure removal of these structures within a reasonable timeframe. f. Grading and Drainage. The grading the drainage plan must be revised in accordance with the recommendations ofthe City Engineer. She stated staff is requesting City Council approval of Planning Case #05-19, Final Plat for 1978 Tholll Drive. Richard Kotoski, applicant, was present for any questions. The Council had no questions. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to approve Planning Case #05-19, Final Plat for 1978 Thorn Drive. The motion carried unanimously (5-0). Councilmember Larson requested they discuss at a future work session the possibility of a fee for developers to "tap into" the utilities. He noted other cities had such a fee. B. Ordinance No. 368 - Adoptinl! the Minnesota State Buildinl! Code Ms. Barton stated Ordinance 352 was adopted with an incorrect subpart referenced. Lake . Johanna Fire had originally requested that Subpart 3 be adopted, however had intended to adopt Subpart 2. Subpart 2 contains similar language to that which has been previously adopted since 1990. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES NOVEMBER 28, 2005 4 . She indicated staff is requesting Ordinance 368 be adopted to amend sections 900.04 Subd. I, 900.04, Subd. 2, and 900.05 ofthe Arden Hills City Code. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve amending Sections 900.04 Subd. 1,900.04, Subd. 2, and 900.5 of the Arden Hills City Code. The motion carried unanimously (5-0). C. Ordinance No. 369 - Adoptine: the Minnesota State Fire Code Ms. Barton stated Ordinance 353 as adopted January 10, 2005, referenced an incorrect Section of the Arden Hills City Code. Ordinance 269 amends the Code to reflect the correct Section of the City Code. The code language as originally adopted remains intact. She indicated staff is requesting Ordinance 369 be adopted to amend Section 900.06 of the Arden Hills City Code. MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to adopt Ordinance 369 to amend Section 900.06 of the Arden Hills City Code. The . motion carried unanimously (5-0). D. Authorize Staff to Contract with Brian Pashina to Perform Structure Inspections of City Hall Mr. Filla stated the City Hall building had experienced many water intrusions during its construction and since it had been built, resulting in numerous damages and repairs. This prompted the City to do special investigations and testing to determine the cause of the water intrusion. During the course of the investigations, City staff discovered problems with the thru wall flashing, determined that it was not installed per contract documents or local industry standards, and made the necessary repairs to the areas affected by water intrusion. City staff believed that the necessary repairs to the building completed last spring would solve the water intrusion problems in these areas. The City had experienced no water intrusions into the building until this fall. The City had reports from building maintenance personnel that the lobby ceiling had water leaking through one of the light fixtures during the night. Approximately two weeks later, the City experienced heavy rainfall resulting in water entering the building through the lobby ceiling, resulting in damage to the wall and ceiling. Because of the recent water intrusions this past fall, City staff conducted water testing (via an oscillating sprinkler) in four areas of the building known to have leaked in the past. All of these areas have had repairs done to them. City staff observed water infiltration in all ofthe areas tested . with a simple oscillating sprinkler. After consultations with the building architect, the contractor hired to do the repairs, and the company hired to do the special investigation and testing to detemline the cause of the water ----- ------ ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES ,NOVEMBER 28,2005 5 . infiltration, City staff was referred to Brian Pashina, a masonry expert, Mr. Pashina has had experience in the past with numerous masonry water infiltration problems, including problems with Kasota stone, City staff has requested from Mr. Pashina a proposal to investigate further the causes of the water intrusion the City continues to experience, He requested authorization to accept the proposal from Mr. Brian Pashina of Wiss, Janney, Elstner Associates, Inc. (WJE) to conduct the necessary investigation for the amount of $6,500.00. Based on the results from the first phase, WJE may submit an additional proposal for either testing and/or repairs. Councilmember Rem stated she would expect the need for additional testing and/or repairs. MOTION: Councilmember Grant moved and Councilmember Larson seccnded a motion to accept the proposal from Brian Pashina of Wiss, Janney, Elstner Associates, Inc. (WJE) to conduct the necessary investigation in an amount not to exceed $6,500.00. The motion carried unanimously (5-0). MOTION: Councilmember Holden moved and Councilmember Larson seconded a motion to amend the general fund budget in the amount of $6,500.00. The . motion carried unanimously (5-0). E. Payment to Rochon, Inc. for $33,298.07 - City Hall Repairs Mr. Filla stated as part of the City's original construction agreement with Rochon Corporation, the City was required to carry the builders risk insurance policy for the contractor. During the construction period, the building suffered severe water damage and Rochon Corporation was required to remove and replace all damaged materials. The total amount of Rochon's original invoice was $37,395.50. Because the City was required to carry the builders risk insurance policy for the new City Hall, Rochon submitted the bill to the City for processing. The bill was then forwarded to the League of Minnesota Cities Insurance and Trust for processing and payment. On August 27,2001 the City received payment from the League of Minnesota Cities in the amount of $25,798.07. On December 10, 2001, the City received a second check for $2,500.00. Both of these checks were affiliated with the aforementioned water damage claim. The amount payable to Rochon Corporation would include the amount of the insurance claim and the City's $5,000.00 insurance deductible, for a grand total of $33,298.07. Because of the on-going construction related problems with the City Hall facility, City staff felt that it was the City's best interest to withhold this payment until directions were given by the City Attorney to release payment to the contractor. Staff is recommending City Council approve reimbursing Rochon Corporation $33,297,07 less . tbe $5,000 insurance deductible for a total amount of $28,298.07 for repair work completed to the City Hall in 2001. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES ,NOVEMBER 28, 2005 6 . Councilmember Holden asked if the budget also needed to be amended. Mr. Siddiqni responded the budget would need to be amended. MOTION: Councilmember Holden moved and Councilmember Rem seconded a motion amend the 2005 budget in the amount of $28,298.07. The motion carried unanimously (5-0). MOTION: Councilmember Holden moved and Councilmember Grant seconded a motion to approve reimbursement to Rochon Corporation in the amount of $28,298.07 for repair work completed to the City Hall in 2001. The motion carried unanimously (5-0). 7. UNFINISHED BUSINESS A. TCAAP Update Ms. Wolfe updated the Council on recent TCAAP developments. B. Storm Update . Ms. Wolfe updated the Council on the September storm clean up. Mr. Siddiqui updated the Council on the City's financial costs for the storm clean up. He noted the total cost for the clean up was approximately $171,000.00. Mayor Aplikowski requested a thank you note be sent to the City of New Brighton for their assistance. Ms. Wolfe stated staff would also send a thank you note to the City of Shoreview for their assistance also. CITY COUNCIL REPORTS Ms. Wolfe - None. Councilmember Holden - None. Councilmember Grant - Stated the Planning Commission would not be having a December meeting. Councilmember Rem - Read a prepared statement reslgnmg from her position as Councilmember on the Arden Hills City Council due to a personal medical issue. She stated it was her intention to remain on the Council through the last meeting in December, 2005. . Mayor Aplikowski stated she regretted, but understood Councilmember Rem's decision. She thanked her for her many years of service to the City. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES .NOVEMBER 28, 2005 7 . MOTION: Councilmember Rem moved and Councilmember Holden seconded a motion to accept Councilmember Rem's resignation as Councilmember for the Arden Hills City Council effective after the last December, 2005 City Council work session meeting. The motion carried unanimously (5-0). Ms. Wolfe stated staff would prepare a Resolution to advertise for applicants. The Resolution would be presented to the Council at the Truth-in-Taxation meeting next week. Councilmember Larson also thanked Councilmember Rem for her service to the City. He recognized her service and noted she has been a very conscientious and diligent Councilmember. He indicated he would miss her contributions to the Council. Councilmember Larson - Stated the Chair of the PTRC had requested a future work session item to discuss the vision plan the PTRC had developed. Mayor Aplikowski - Requested there be a notice posted that there would be no Mayor's hours in December. Mayor Aplikowski adjourned the Regnlar City Council Meeting at 8:51 p,.m. . . " <I' ri ~~ i'.' \.,,, ~ i' I, .; i. ,,!! .r ,:! .,:',./.." ~ .\ilJ (l.UI Ii '-.-IL ilj j~ Beverly plik wski Michel1e~Wolfe r' t Mayor City Administrator NOTICE OF MEETINGS The next Council Meeting win be held Monday, December 12, 2005 at 7:00 p.m. at the Arden Hills Council Chambers. .