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HomeMy WebLinkAboutCC 05-30-2000 (2) . . . CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING May 30, 2000 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Larson reconvened the regular City Council meeting at 7:30 p.m. after a closed executive session which commenced at 6:30 p,m. and a short recess at 7:25 p.m. Present: Councilmembers Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem. Mayor Dennis Probst (arrived at 8:06 p.m.) Absent: City Administrator, Joe Lynch. Also present were City Accountant, Terrance Post; Public Works Director, Dwayne Stafford; City Engineer, Greg Brown, BRW; City Planner, Jennifer Chaput; and Recording Secretary, Mary Mullen. ADOPT AGENDA MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to adopt the agenda for the May 30, 2000, regular City Council meeting, as submitted, The motion carried unanimously (4-0), INTRODUCTION/RECOGNITION OF GIRL SCOUTS. SILVER AWARD ACHIEVEMENTS Acting Mayor Larson welcomed five Girl Scouts and their families and troop leaders, adding that the young women had attained the Girl Scouts' highest award for Grades 6-9, the Silver Award. He read a letter from Mayor Probst commending the Girl Scouts: Anna Louise Dinndorf, Sara Jean Fertig, Elise Marie Nelson, Laura Pistotnik, and Lindsy Pomeroy. Councilmember Aplikowski asked how the Girl Scouts had achieved their awards. The Girl Scouts stated they held badge labs for Brownies at which they assisted the younger girls to earn parts of badges and patches for their troops, Councilmember Aplikowski asked what they enjoyed most about Scouting. The Girl Scouts stated they enjoyed camping. Acting Mayor Larson commended the Girl Scouts' families and troop leaders for their support and commitment. APPROVAL OF MINUTES A. May 8, 2000 Regular Council Meeting Mr. Post noted that the May 8 Regular Council Meeting minutes properly reflect the discussion with regard to Planning Case #00-14, Chuck Mertensotto, Front Yard Setback Variance. He ARDEN HILLS CITY COUNCIL - MAY 30, 2000 2 added that the applicant requested an extension, and the case will be discussed at the Planning . Commission's next meeting since new information was introduced, Acting Mayor Larson requested the following changes: On page 9, 5th paragraph, replace "had been received by the City" with "appeared in the Bulletin". On page II, 3rd paragraph, replace "post" with "posed'~, B. May 15,2000 Council Worksession Acting Mayor Larson requested the following changes: On 3rd page, under "Building Quality Communities Discussion", 2nd paragraph, insert "in" after "participation", Councilmember Aplikowski moved and Councilmember Rem seconded a motion to approve the meeting minutes as amended. The motion carried unanimously (4- 0). MOTION: CONSENT CALENDAR A. S. . C, D, E, F. Claims and Payroll Ramsey County Housing & Redevelopment Authority 1. Res. #00-21, Resolution Adopting Policy Statement 2, Authorization to Execute Second Amendment to the Joint Cooperation Agreement between the City of Arden Hills and the Ramsey County Housing & Redevelopment Authority (HRA), MHFA 2000 Housing Funds Proposed Public Works/Parks Maintenance Facility, Accept Space Needs Study (TKDA Consulting) 2000 Sealcoating, Authorization to Proceed with Project Ingerson Neighborhood Traffic Test, Temporary Road Closure Res. #00-22, Changing Location of Precinct No.4 for 2000 Primary and General Elections Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0), MOTION: PUBLIC COMMENTS . Acting Mayor Larson invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments. . . . ARDEN HILLS CITY COUNCIL - MAY 30, 2000 3 UNFINISHED AND NEW BUSINESS A. Receive 1999 Audit Report, Abdo, Abdo, Eick & Meyers Mr. Post stated that the Council had received a draft copy of the 1999 Audit Report at their last Worksession. He noted it would be necessary for the Council to formally receive the report. MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to receive the 1999 Audit Report as presented. The motion carried unanimously (4-0). B. Pay Estimate #5 (Final), Nadeau Utility, Inc., Arden Manor Park and McClung Drive Drainage Improvements Mr. Brown stated that the pay estimate was for improvements associated with the ditch behind McClung Drive and reconstruction of drainage structures near the townhomes. He added that the majority of the work was completed in 1999. Mr. Brown stated the project went well and residents in the area are pleased with the improvements. He recommended that the Council approve final payment of Pay Estimate #5 in the amount of$8,099,67 to Nadeau Utility, Inc, contingent upon lien waivers received. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve final payment of Pay Estimate #5 in the amount of $8,099.67 to Nadeau Utility, Inc" contingent upon receipt of lien waivers, The motion carried unanimously (4-0). C. Pay Estimate #2, Lametti & Sons, Inc., t 999 Sanitary Sewer Rehabilitation Program Mr. Brown stated that this pay estimate is an incremental payment for sewer pipe work corrections near the Chatham neighborhood. He added that a sag was created when pipe spacers separated and allowed concrete to create a ridge that has caused many problems over the years. He noted the source of the problem was identified and quickly corrected. He recommended that the Council approve Pay Estimate #2 in the amount of $59,371.73 to Lametti & Sons, Inc, Councilmember Grant asked whether City stafr' were satisfied with the completed project to date. Mr. Stafford stated the problems have been alleviated, and televising has allowed City staffto easily identify other problem areas, MOTION: Councilmember Grant moved and Coullcilmember Aplikowski seconded a motion to approve payment of Pay Estimate #2 in the amount of$59,371.73 to Lametti & Sons, Inc., with a retainage of 5% being held for the project. The motion carried unanimously (4-0). . . . ARDEN HILLS CITY COUNCIL - MAY 30, 2000 4 D. Pay Estimate #8 (Final). Lametti & Sons, Inc., Gateway Business District, Fourteenth Street NE Mr. Brown stated that the Gateway District project was completed in fall 1998, although some outstanding road surfacing items were not remedied by the contractor until spring 2000. He added that this final payment reflects release of the retainage on the project. He recommended that the Council approve the final payment, Pay Estimate #8, in tbe amount of $25,710.11 to Lametti & Sons, Inc. Acting Mayor Larson asked whether 5% retainage is sufficient incentive for contractors to complete construction projects in a timely manner. Mr. Brown stated that 5% retainage is usually sufficient for small contractors, He noted that large contractors are often quicker and more reliable, although retainage is not as imperative for them. He added that state projects do not hold any retainage. Acting Mayor Larson asked whether the contractor is aware of the retainage during the bid process, and whether other cities hold more than 5% retainage. Mr, Brown stated the contractor is always aware of the retainage. Mr. Post noted that the contractor must post a performance bond that can only be released upon completion of the construction project. He added this is an additional incentive for the contractor to get the job completed in a timely manner. MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to approve final payment of Pay Estimate #8 in the amount of $25,710.1 I to Lametti & Sons, Inc., upon receipt of final papers. The motion carried unanimously (4-0), E. Mounds View Senior High School Construction Manager, Stahl Construction Company, Gregg A. Johnson, Project Manager; Time Extension Request from State Fire Suppression Requirements Acting Mayor Larson welcomed Gregg Johnson, Stahl Construction's Project Manager for the Mounds View Senior High School Construction project. Councilmember Rem stated that the time extension request appears to be a procedural issue, noting that Staff has not indicated any problems with the request as presented. Acting Mayor Larson asked why the City of Arden Hills, as well as Shoreview and North Oaks. is being asked to take such an action. Mr. Johnson stated that the State Fire Marshall requires that the local municipalities be in agreement with regard to the time extension request. Acting Mayor Larson noted that City staff had recommended tbat the Council defers taking any action on this issue, and asked whether this would be an impediment to completion of the construction project. Mr. Johnson stated that a deferral would impede construction. . . . ARDEN HILLS CITY COUNCIL - MAY 30, 2000 5 Councilmember Aplikowski asked why the decision should be deferred ifit will impede the project. Acting Mayor Larson stated that it is a question of liability and whether the City is comfortable with the continued postponement of the work. He noted that the State Fire Marshall did not indicate that the City was statutorily obligated to approve the request. Councilmember Rem asked whether City staff had requested the City Attorney's opinion. Mr. Post stated he was unsure. Acting Mayor Larson stated that the Council would be indicating a reluctance to accept liability if the decision was deferred. Councilmember Rem stated that the Council should defer decision if the City's position was unclear, She added it is important for the City to determine its position and then accept or deny the request. Mayor Probst arrived at 8:06 p.m. Councilmember Grant asked for clarification with regard to the State Fire Marshall's position, adding that they have the ability to grant an extension, Mr. Johnson stated that the Fire Marshall would be running against their own five-year statute, and code violations would have to be corrected by summer 2001, which could impact the construction schedule. Councilmember Larson stated that the City should not accept liability unless a statutory obligation is clear. Mayor Probst apologized for his late arrival. He agreed that it seems unusual to request that a city take such an action, adding he is reluctant to approve the request without understanding why it is being made. Councilmember Rem stated that further information should be collected to guide the Council in accepting or denying the request rather than deferring the decision, Coullcilmember Larson asked how North Oaks and Shoreview had reacted to the request. Mr, Johnson stated the issue had not yet been addressed in the other communities. Councilmember Aplikowski stated she would favor tabling the decision until more information could be gathered, Councilmember Grant referred to the State Fire Marshall's May 26 memo, noting that the memo does not state whether an ongoing extension can be granted if the five years by statute has lapsed, MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to table the time extension request from the State Fire Marshall to allow City staff to explore the City's obligations and requirements under State law, The motion carried unanimously (5-0), . . . ARDEN HILLS CITY COUNCIL - MAY 30, 2000 6 Mayor Probst noted that the issue would be tabled until the Council's June 12 regular meeting. F. Planning Cases 1. Case #00-22, FairIsaac, 4285 Lexington Avenue (SUP Amendment) Ms. Chaput explained that the applicant requests approval of an amendment to their Special Use Permit (SUP) for an additional monument sign at the front of their building along the existing private drive, The current sign does not adequately mark the property and, since the street is not marked, there is insufficient signage to direct traffic to the facility, The SUP on this property, approved in 1996, was originally intended for Control Data. Since this time, the property has been divided up and Fair Isaac is only a portion of property and the approved master plan, The overall plan allowed for signage along Lexington Avenue at the same level as it existed in 1996. This limited the property to one pylon sign at that location for Control Data. Fair Isaac currently has a pylon sign along Lexington Avenue, directing traffic to its facility, This sign rests on the comer of Lexington and a private drive, The facility faces the private drive. Therefore, the applicant wishes to put up a sign in front of the building so that its location is more recognizable. The sign ordinance allows for one freestanding sign for each frontage along a public street. Although this is not a public street, it was evaluated according to that standard. There are at least two frontages along this street, allowing for at least two freestanding signs. The proposed sign meets the square footage and height requirements of the code. The setbacks were not required to be met since the sign is not being located along a public right-of-way. Ms, Chaput stated that the Planning Commission recommends approval of Planning Case 00-22, amendment to the Special Use Permit for Fair Isaac, with 3 conditions. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve Planning Case #00-22, amendment to the Special Use Permit for Fair Isaac, subject to the following conditions: 1. Compliance with the freestanding sign requirements of the sign ordinance so that the sign not exceed a maximum of 100 square feet in area. 2. Compliance with the freestanding sign requirements of the sign ordinance so that the sign not exceed a maximum of 16 feet in height. 3. Any lighting proposed for future signs meets the illumination requirements in the sign ordinance. The motion carried unanimously (5-0). . . . ARDEN HILLS CITY COUNCIL - MAY 30, 2000 7 2. Case #00-23, Perkins & Will, Valentine Hills School, 1700 County Road E-2 (SUP Amendment) Ms. Chaput explained that the applicant requests approval of an amendment to their Special Use Permit for Valentine Hills Elementary School to construct a 10,399 square foot addition, The Zoning Ordinance requires a Special Use Permit for "general education schools" in the R-I Zoning District. Since this school was constructed prior to that ordinance requirement, the school did not have a SUP until a significant expansion occurred in 1987, with Planuing Case 87- 03. The proposed addition is for classrooms, a front entryway and mechanical room. The proposed addition meets all of the criteria outlined in the zoning ordinance with the exception ofrequired parking and screening of mechanical equipment. A total of 107 parking spaces are required (including the new addition) but there are only 87 in total. The applicant has stated that the additional space will not increase the number of people in the facility. Therefore, parking is not a concern since the current amount appears to be adequate. By Section VI, E, 4, j, all mechanical equipment is to be screened, The proposal has mechanical equipment on the roof of the structure without screening. The Planuing Commission did discuss this at length and provided a condition on the approval that seemed appropriate to meet this requirement. Ms. Chaput stated that the Planning Commission recommends approval of Planning Case 00-23, amendment to the Special Use Permit for Valentine Hills Elementary School, subject to 5 conditions, Mayor Probst asked whether the additional brick work and window trim would match the existing building. Doug Pierce, a representative of Perkins & Will Architects, confmned that the brick will match, and a medium bronze window trim is recommended for the addition while the existing window trim is dark bronze, He added that the medium bronze color would match the new fascia. Councilmember Grant asked whether all temporary structures would be removed, Mr. Pierce confirmed this. Mayor Probst asked whether the construction project would be phased over a period of time. Mr. Pierce stated the project would be phased over 14 months. Councilmember Rem asked whether the Planning Commission's condition concerning screening of rooftop mechanicals was acceptable to the applicant. Mr. Pierce stated that the recommendations had been incorporated into the revised design, Councilmember Grant asked how the applicant would accommodate the arrival and departure of students during construction, Gregg Johnson, Stahl Construction, stated that gate systems and fencing would be used to block off construction areas during drop off and pick up times. . . . ARDEN HILLS CITY COUNCIL - MAY 30, 2000 8 David Beaty, Principal of Valentine Hills School, stated that the construction plan has been reviewed for safety with regard to construction areas and supplies, and added it is a satisfactory plan. Councilmember Larson asked whether problems with regard to staff parking in the Chatham neighborhood have been remedied. Mr. Beaty stated that the issue was resolved and school volunteers no longer park there at inappropriate times, Councilmember Grant asked whether children entering the school through the newentryway would be clearly visible to parents who are picking them up or dropping them off. Mr. Pierce stated that the front door will be immediately visible and provides for security. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve Planning Case #00-23, amendment to the Special Use Permit for Valentine Hills Elementary School, subject to the following conditions: I. 2. 3, 4, Compliance with the height for structures in the Zoning Ordinance. Approval of Rice Creek Watershed District. Compliance with the Lighting Standards ofthe Zoning Ordinance. The south addition of the exterior wall be raised to a height approximately 3 feet above the roof to screen the mechanical equipment. The rooftop mechanical equipment be painted and subject to staff approval for color. 5, The motion carried unanimously (5-0). 3. Case #00-25, Cardiac Pacemakers, Inc. (Guidant), 4100 Hamline Avenue N (Site Plan Review) Ms. Chaput noted that a representative of the applicant was not present at the meeting. Mayor Probst suggested that the Council proceed with the request unless it becomes necessary for the applicant speak. Ms, Chaput eXplained that the applicant is requesting approval of a site plan review to allow for a 5,000 square foot cafeteria expansion for their facility located at 4100 Hamline Avenue North. The proposed expansion is for a cafeteria and corridor addition. The cafeteria expansion runs along the West Side of Building B. The expansion also includes a small patio area. The City Council approved the master plan for Guidant with Planning Case 99-15. Site Plan approval is allowed for proposals shown on the approved master plan. With Planning Case 99- 15 the expansion of the cafeteria was shown on the approved master plan. The proposed addition meets the requirements of the City Zoning Ordinance. The applicant recently constructed a parking lot on a separate parcel owned by the applicant to alleviate parking concerns. They were allowed to do this by showing proof of parking on the campus. The ARDEN HILLS CITY COUNCIL - MAY 30, 2000 9 applicant would like the required parking spaces for the cafeteria be also shown as proof of . parking, Ms. Chaput stated that the Planning Commission recommends approval of Planning Case 00-25, Site Plan Review, to allow for the construction of a 5,000 square foot cafeteria addition, with 4 conditions. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approve Planning Case #00-25, Site Plan Review, to allow for the construction of a 5,000 square foot cafeteria addition with the following conditions: 1. The use of the caleteria be restricted to employees and authorized visitors only and not be open to the public, 2, The required parking spaces shown as proof of parking be provided if the use of the cafeteria changes, 3. If required by the Rice Creek Watershed District, obtain approval by the Rice Creek Watershed District. 4, Lighting meet the requirements in the Zoning Ordinance Section V, E, 3, a, b, c, and d. The motion carried unanimously (5-0), . G. Joint Powers Agreement, City of Arden Hills and State of Minnesota Department of Military Affairs, Authorization to Execute, With Proposed Memorandum of Understanding (MOU) Mr, Post stated that the land conveyance authorized by Congress in October 1999 required the City to accommodate certain needs ofthe Minnesota National Guard for training purposes. He added that a Joint Powers Agreement had been drafted to define the relationship between the two parties. Mr. Post stated that, as part of the Agreement, the National Guard had identified a need for some office space with data and computer lines, which would not be utilized as a public office. He added that meeting rooms in the basement of the new City Hall facility would also be made available to National Guard staff under a specific set of guidelines. Mr, Post stated that City staff has had ongoing discussions with the National Guard with regard to security, maintenance, phone and data lines and funding of installation, He added that the National Guard has been amenable to these issues, and has suggested an addendum to the Joint Powers Agreement. . Mayor Probst stated that the National Guard originally expressed an interest in having a presence at the site, He added this would be to the City's benefit and would promote cooperation between the two organizations. He urged the Council to support the Joint Powers Agreement. ARDEN HILLS CITY COUNCIL - MAY 30, 2000 10 . Mr. Post stated, in the Joint Powers Agreement, Section III, under "Office Space", a minimum of 320 square feet for the office space is specified, He noted that this was redrafted in the addendum to specify a maximum of 300 square feet for the office space. Councilmember Rem asked whether the agreement was a final document as it was signed by General Andreotti but was not dated. She asked whether the office space in question was included in building budgets and construction plans Mayor Probst stated that he is comfortable with the direction of the project. Mr. Post added that the office space will be located in the basement of the City Hall facility and will be accessed by a separate entrance to prevent intermingling with City operations, He noted this access has been included in construction plans. Councilmember Larson stated, in his opinion, the cultivation of a relationship with the National Guard is a positive step. He added the law provides for making the building available to the Guard for meetings, and the City is going beyond that by providing office space to accommodate them. He asked whether the National Guard had requested the office space, Mayor Probst stated that the National Guard's presence in the facility was much more onerous in the initial draft of the Joint Powers Agreement. He added that full access to the building, as well as control of conference rooms, was originally indicated, He noted that the provision of a dedicated office space seems the best way to accommodate the National Guard. . Councilmember Aplikowski stated that the inclusion of a barbed wire fence seems military standard, Mayor Probst stated the National Guard might accept a delayed implementation plan. Councilmember Rem asked whether this was part of the written agreement. Mayor Probst stated it was not. Councilmember Rem stated that Article X of the Agreement, "Entire Agreement/Future Modification", refers to the fact that the entire agreement is contained therein, She added that such language indicates the entire agreement is comprised in the document. Mayor Probst stated that the document was written to capture the fact that the agreement is ongoing and future addendums will happen, He added it is unreasonable to think that the agreement as written is [mal. Councilmember Rem asked for clarification with regard to the statement "the entire agreement is contained herein". Councilmember Larson stated that addendums could be incorporated into the document through a reference. Mayor Probst stated that the agreement supersedes all previous discussions and versions, and modifications will only be recognized and valid when put in writing. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to accept the Joint Powers Agreement between the City of Arden Hills and State of Minnesota Department of Military Affairs, and authorize staffto execute the document. . ARDEN HILLS CITY COUNCIL - MAY 30, 2000 13 Mayor Probst stated there had been some discussion with regard to funding for perennials to . create more easily maintainable gardens. I-Ie added he would wish to re-energize that discussion, Mayor Probst congratulated Councilmember Aplikowski on her appointment to the AMM Board, Mayor Probst stated he would like to reiterate the City's interest in the Metro Transit restructuring plan, Mayor Probst asked, with regard to the City's sump pump inspection program, whether the City staff had experienced difficulties with property owners with illegal pumps, He asked whether homeowners have been compliant when informed that their pumps are illegal, and how staff plans to deal with those who refuse access. Mr. Stafford stated that City ordinance allows access to meters, and the new ordinance for the sump pump inspection allows a City representative to complete that inspection. He added that residents with illegal pumps have been cooperative, and some have made corrections and have called for reinspection, He noted that it has been a successful campaign to date, Mayor Probst stated that the Council had received a summary from staff with regard to bids received for the City Hall facility. He added there are a number of alternate costs upon which the Council will have to act in the near future. He noted that bids are up 10% over a year ago. . ADJOURN MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 9:13 p.m, The motion carried unanimously (5- 0), Delmis Probst Mayor ~ (L ;;f;o Terrance R. Post City Accountant NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, June 12,2000 at 7:30 p.m. at the Arden Hills Council chambers. .