HomeMy WebLinkAboutCC 08-28-2000
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CITY OF ARDEN HILLS, MINNESOTA
CITY COUNCIL MEETING
AUGUST 28, 2000
7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS
CALL TO ORDERfROLL CALL
Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular
City Council meeting at 7:30 p.m_
Present:
Mayor Dennis Probst, Councilmembers Beverly Aplikowski, David Grant,
Gregg Larson, and Lois Rem_
Absent:
None.
Also present were City Administrator, Joe Lynch; 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 Rem seconded a motion
to adopt the agenda for the August 28, 2000, regular City Council meeting, with
the following addition:
Item 6d, Lake Josephine East LLC Pending LawsuiL
The motion carried unanimously (5-0)_
APPROVAL OF MINUTES
A. August 14, 2000 Regular Council Meeting
Councilmember Rem requested the following change: On page 5, last sentence, replace "her"
with "another".
B. August 15,2000 Special Council Meeting
Councilmember Grant requested the following changes: On page 5, second paragraph, second
scntence, replace "address the extent of Rochon's cost for the project at the start of the project,
provided the City gives a Notice to Proceed" with "explain the items listed at Rochon's cost for
the projecL" On page 5, third paragraph, replace "stated that preconstruction mobilization costs"
with "explained that this is preconstruction mobilization costs which".
Councilmember Larson requested the following change: On page 3, fourth paragraph, last
sentence, replace "the business of government" with "our City and its government". On page 4,
last paragraph, replace "with construction bids prior to having Fee Title to the property, but
stated that the current City Council had followed suit in recent Council actions" with "with plans
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for the new City Hall following the current Council's endorsement of that decision with other
actions" .
Councilmember Rem requested the following change: On page 4, fourth paragraph, last sentence,
delete "residents and her personal".
Mayor Probst requested the following changes: On page 5, in the motion, replace "Materiel" with
"Material"_ Mr. Lynch noted the Department of Army's original document contained that
spelling_ On page 6, strike last sentence above the motion, beginning "Mr. Dew clarified that the
elevator construction. _ ."
C. August 2 I, 2000 Closed Executive Session
D_ August 21, 2000 Council Worksession
Councilmember Larson requested the following change: On page 5, first paragraph, third line,
replace "reconsider their decision regarding" with "take into consideration".
MOTION:
Councilmember Grant moved and Councilmember Aplikowski seconded a motion
to approve the mceting minutes, as amended. The motion carried unanimously
(5-0).
CONSENT CALENDAR
A. Claims and Payroll
R 2000 Business License Renewals
C. Resolution #00-26, A Resolution Requesting Ramsey County to Restrict Parking Along a
Portion of County Road I
D. County Road E, Light Standards
I. Authorization to Repair Existing Light Standards
2_ Charge to Operations and Finance Committee and Planning Commission, Study
of City Light Standards
Councilmember Rem asked, with regard to the reinforcement of street light poles on County
Road E, whether replacement of the fallen pole would be included in the project cost. Mr.
Stafford stated that will be an additional cost of approximately $400-500.
MOTION:
Councilmember Larson moved and Council member Grant seconded a motion to
approve the Consent Calendar and authorize execution of all necessary documents
contained therein. The motion carried unanimously (5-0)_
PUBLIC COMMENTS
Mayor Probst invited those present to come forward and address the Council on any items not
already on the agenda_
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Craig Wilson, 1677 Lake Valentine Road, stated that the meeting agenda should be available for
. interested audience members, and requested a copy. Photocopies were furnished by Mr. Lynch.
UNFINISHED AND NEW BUSINESS
A. Planning Case #OO-17c, United Properties, 1887 and 1987 Gateway Boulevard, PUD
Amendment
Ms. Chaput explained that the applicant is requesting to amend the PUD for the above listed
properties to request administrative approval on the following items: increasing the percentage of
the allowable office build-out square footage for each property; and relocation and replacement
or striping of additional parking spaces.
As of .July 1, 2000, the management company for the above listed properties changed to United
Properties from Welsh Companies. The Planning Commission tabled Planning Case #00-17c at
the .July 5, 2000 Planning Commission meeting due to the change in managcment and lack of
reprcsentation. Since that time, the sixty day time limit was waived by thc previous applicant
and the current management company was contacted and expressed his desire to continue with
the application.
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On September 22, 1997, the City Council approved Planning Case #97-06, PUD Master Plan and
Final Plan (including variances), preliminary and final plat, and street vacation for the
construction of three office/industrial buildings, addressed 1787, 1887 and 1987 Gateway Blvd_
Included for background information are as follows: staff review and recommendation of the
application to the Planning Commission, dated .July 2, 1997 and relevant attachments; the
Planning Commission's recommendation to the City Council, dated .July 14, 1997; and final City
Council action on the application
The Planning Commission heard this request at the AprilS, 2000, Planning Commission meeting
as Planning Case #00-17 _ At that time, the request was tabled pending further information from
the applicant. The Planning Commission reviewed this request a second time as Planning Case
#00-17b at the .June 7 meeting. A recommendation was made on all but two items, pending
further information from staff regarding thc development agreement. The remaining two items
became Planning Case #00-17c.
Staff was asked to review the development agreement for these properties according to the
applicant's request_ The development agreement was located and pertained specifically to
tinanccs. The PUD application and recommendation contained the information that was required
to evaluate this planning case_
Two requests were carried over from the previous Planning Case for administrative review
consideration at 1987 and 1887 Gateway Blvd.:
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1. Increasing the percentage of allowable office build-out square footage per property
The original PUD, approved in Planning Case #97-06, specified parking requirements for the
three buildings on Gateway Blvd. that were proposed by Welsh Companies. Since it was
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unknown who the tenants would be ofthcse buildings at that time, a presumption was made on
the ratio of office to warehouse within the buildings_ The PUD was approved with thc
requirement that each of the thrce buildings have 20% office space and 80% warehouse space_
In Section VI (F) #1 CD of the City's Zoning Ordinance requires office users to provide one
parking space for each 250 square feet of gross floor area and industrial users to provide one
parking space for each 1,000 square feet of gross industrial space provided.
As a result of reviewing the original PUD, it appears that each of the buildings were set up with
thc proper amount of parking for 20% office and 80% warehouse. If the office component was
to expand within one building, the amount of parking would need to expand and there just is not
sufficient room on site to accommodate this_ In the opinion of staff, this would require further
review by the Planning Commission and could not be approved administratively due to the site
constraints. Also, Section VI (F) #1 (f) states that proof of parking may be shown if the number
of parking spaces (by the ordinance) are not required by the use, requiring approval from the
Planning Commission and the City Council.
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Although these buildings were developed together, parking requirements for each building are
calculated separately_ Overall, each building is only permitted to have 20% office and 80%
warehouse, with the exception of the property at 1987 Gateway Boulevard which is permitted
34% office and 66% warehouse by a variance granted following the construction of the
buildings_ Staff did not recommend that changes to the allowable office build-out square footage
be made administratively.
2. Relocation and replacement or striping of additional parking spaces
Relocating parking on a site to accommodate minor changes should be attainable at an
administrative level. Staff can review relocation and parking space striping to ensure that it
mects the zoning and building code_ If the request does not meet the minimum requirements of
the codcs as a result of the request then the applicant would need to go before the Planning
Commission. Staff would recommend that the relocation and replacement or striping of
additional parking spaces for these properties be permitted administratively.
Ms. Chaput stated that for Planning Case #00-17c, Planned Unit Development Amendment for
the properties at 1987 and 1887 Gateway Blvd_, the Planning Commission recommends that:
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1. Administrative approval to changes in the allowable oftice build-out square footage for the
property at 1887 Gateway Boulevard is permitted for up to 25% office and 75% warehouse
on the condition that if staff does not feel comfortable with the request for any reason, the
applicant must go before the Planning Commission.
2. The property located at 1987 Gateway Boulevard was granted a variance in Planning Case
#99023 to allow 34% office and 66% warehouse with no changes being made to this variance
as a result of this planning casc.
3. Administrative approval of relocation and replacement or striping of additional parking
spaccs for the properties at 1887 and 1987 Gateway Boulevard is permitted on the condition
that if staff does not feel comfortable with the request for any reason, the applicant must go
before the Planning Commission.
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Councilmember Larson stated he supports the Planning Commission's recommendation, adding
it is reasonable to have administrative approval for the items in question.
Councilmember Aplikowski stated that it will be nccessary to determine the effect which
increased traffic on Gatcway Boulevard will have on the road and its future development.
Councilmember Grant stated that traffic studies could be done when more office space is added.
He added he supports the recommendation_
Councilmember Larson stated that the property at 1787 Gateway Boulevard, which is not
included in the planning case, might be considered for inclusion in any amendments. Ms_
Chaput stated she is unfamiliar with the situation at that property and would not be comfortable
recommending any changes to that property.
Kelly Ortley, Property Manager for thc Gateway Center, stated that property is under different
owncrship. Mayor Probst expressed his reluctance to add that property to the planning case
without knowing specific conditions for the property_
MOTION:
Councilmember Grant moved and Councilmember Rem seconded a motion to
approve Planning Case #OO-17c, Planned Unit Development Amendment for the
properties at 1987 and 1887 Gateway Boulevard, with the following
recommendations:
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I. Administrative approval to changes in the allowable office build-out square
footage for the propcrty at 1887 Gateway Boulevard be permitted for up to
25% office and 75% warehouse on the condition that if staff does not feel
comfortable with the request for any rcason, the applicant must go before the
Planning Commission.
2. The property located at 1987 Gateway Boulevard was granted a variance in
Planning Casc #99023 to allow 34% office and 66% warehouse with no
changes being made to this variance as a result ofthis planning case_
3. Administrative approval ofrelocation and replacement or striping of
additional parking spaces for the properties at 1887 and 1987 Gateway
Boulevard is permitted on the condition that if staff does not feel comfortable
with the request for any reason, the applicant must go before the Planning
Commission.
The motion carried unanimously (5-0).
B. 2000 Pavement Management Program (PMP)
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Mayor Probst stated the Council should officially receive the Ingerson Neighborhood Review
Group's recommendations as well as staff s recommendations, and schedule a public information
meeting to di scuss the issue_
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Councilmember Rem stated that the Ingerson Review Group's report was discussed at a recent
worksession, and noted that a letter from the Lake Josephine Association dated July 26, 2000,
was appended to the documents being considered in this process.
Councilmember Larson stated, in his opinion, a public meeting should be held separately and not
in conjunction with a Council meeting. Mayor Probst stated he had assumcd the public meeting
would be held during a Council meeting.
Councilmember Larson stated he believed the Council would receive the reports, review them
and make recommendations to the City Engineer for changes to be made to the feasibility study
prior to presentation at a public meeting_ He added this would givc interested residents an
opportunity to review and comment on the revised feasibility study.
Mayor Probst stated, in his opinion, the Council should have a discussion with regard to the
feasibility study and which features should be evaluated_ He added this discussion would take
place during a public meeting at which the neighborhood will be invited to comment- He noted
that staff could be directed to prcpare a new feasibility study after that meeting, which would
kick off the formal process_
Councilmember Larson stated, in his opinion, the public information meeting should be a
separate forum for residents to discuss the study and ask questions. Mayor Probst suggested
sufficient time could be allocated at a worksession or Council meeting.
. Councilmember Aplikowski stated that the requcst to the City Engineer with regard to changes to
the feasibility study should follow the discussion. She added it would not he productive to move
forward with the feasibility study before the public discussion.
Councilmember Grant stated he would favor holding the public information meeting at the
Council's September 11 regular meeting. Mayor Probst asked for clarification with regard to
that meeting's agenda from Mr. Lynch. Mr. Lynch statcd the 2001 preliminary budget and
Hunters Park group will be discussed on September 11.
Councilmember Rem stated that she would support an early start to that meeting to ensure that
residents are not kept waiting, and a major portion of the evening is reserved for the discussion_
Mayor Probst stated that the budget discussion should not be lengthy, although the Hunter's Park
issue could be unpredictable. He added he is comfortable with starting the meeting at 6:30 or
7:00 p.m. He asked whether City staff will have exhibits ready by Septemher 11. Mr. Brown
stated he is on vacation the week of September 4. Mr. Stafford stated he is on vacation the week
of September 11.
Mayor Probst asked whether another date might be more acceptable. Mr. Lynch stated the
Council worksession on September 18 was a possibility_ Councilmember Larson stated he will
be on vacation from September 19 - October 4_
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Mayor Probst stated hc is comfortable with holding the public discussion at thc Council's
. September 11 regular meeting.
Councilmembcr Larson stated he supports the public information meeting, adding that the
neighborhood's focus will be on amendments to the feasibility study, and its recommendations_
He notcd that actions taken by the Council should be based upon resident's input.
Councilmember Rem stated that the Council should seck active input from the neighborhood
rather than direct staff to prepare the feasibility study. She added this will provide more
collaborative direction for the feasibility study.
Councilmcmber Larson stated an additional information meeting should be held after the new
feasibility study is ready, giving residents the opportunity to review it and ask questions when
the Council makes its decision.
Mayor Probst stated the meeting should be scheduled to offer direction to staff after which the
next appropriate activity could be scheduled. Hc asked for a consensus from the Council on
scheduling the discussion either September II or September 18_
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Councilmember Larson stated he would prefer September 1 L Councilmember Grant stated he
would prefer Septcmber II. He added that the review group met ten times and residents are
interested in the outcome of the process. He noted it will be a good opportunity to recognize the
neighborhood group's efforts.
ML Lynch requested clarification with regard to direction for staffs preparation oUhe feasibility
study. Mayor Probst stated that staff should await direction from the Council after the public
information meeting before preparing the feasibility study.
MOTION:
Councilmember Grant moved and Councilmember Larson seconded a motion to
receive final recommendations from the Ingerson Neighborhood Review Group
and City staff as presented to the Council, as well as the Lake Josephine
Neighborhood Association letter dated July 26, 2000, and to schedule a public
discussion as part of the September II regular Council meeting_ The motion
carried unanimously (5-0).
C. Final Pay Request, 1999 Sanitary Sewer Project, Lametti and Sons
Mr. Brown stated that Pay Estimate #3 of the 1999 Sanitary Sewer Rehabilitation Program
represents final payment and includes televising, cleaning and sag repair work. He added the
contract was successful and has resulted in further evaluation and awareness of problem areas.
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ML Brown recommended that the Council approve Pay Estimate #3 (Final Payment) in the
amount of $37,815_78 to Lametti and Sons, Inc. He added that no retainage is being held for the
proj ect.
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MOTION:
Council member Aplikowski moved and Councilmember Rem seconded a motion
to approvc Pay Estimate #3 (Final Payment) in the amount of$37,815_78 to
Lametti and Sons, Inc_ The motion carried unanimously (5-0).
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D. Lake Josephine East LLC Pending Lawsuit
Mr- Lynch stated that pending litigation discussed at the recent closed executive decision
required a formal declaration by the CounciL He added that it was necessary to direct the City
Attorney to contact the attorney for Lake Josephine East LLC to indicate that the City will join in
efforts to obtain thc necessary right of way for Shoreline Drive north to south, but not to include
the Bachman property.
MOTION:
Councilmember Aplikowski moved and Councilmember Larson seconded a
motion to request that the City Attorney contact the attorney for Lake Josephine
East LLC to indicate that the City will join in efforts to obtain the necessary right
of way for Shoreline Drive north to south, but not to include the Bachman
property. The motion carried unanimously (5-0).
ADMINISTRATOR COMMENTS
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Mr. Lynch stated, with regard to the City Hall property, that the Army Corps of Engineers is
awaiting completion of a 30-day publication period for the environmental study before defining
title and description. He added the publication period will end on September 5_
COUNCIL COMMENTS
Councilmember Grant stated that the Fall Recreation Guide continues to receive good reviews_
He added that an increase in the number of soccer teams means an increase in the need for fields.
He noted there is a new preschool soccer league_
Councilmember Grant stated that the Parks & Recrcation Department completed trail grooming
and brush clearing aller recent storms. He added the Ingerson Park play structure is installed_
He noted the Cummings Park warminghouse repairs were completed by City staff at a savings of
$4,000.
Councilmember Larson stated that Bethel College had begun construction on their athletic fields
on the west side of Old Snelling_ Councilmcmber Grant stated he received a copy of a letter
which Bruce Kunkel of Bethel College sent to the surrounding neighborhood with regard to
commencement of construction.
COLmcilmember Larson stated that the first building is being erected in Tony Schmidt Park,
adding it is attractive and the buildings will look nice in that setting.
Councilmember Rem stated that the Council had received a copy of an e-mail to Mr- Lynch trom
. her with regard to the City's participation on tlle State of Minnesota Human Rights Board on
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which the City votes as a board member. She added she had contacted Mr. Lynch with regard to
. the City's position on the board, in anticipation of their September 28 meeting.
Councilmember Rem stated that a web site has been created for the RAB, which contains site
maps and Army documentation.
Councilmember Rem stated that diversion funding for Northwest Youth & Family Services has
been restored.
Councilmember Rem stated that residents have expressed a wish to see the Valentine Park ice
rink put back in place this winter. She added the neighborhood would be circulating a petition
for presentation to the Council.
Mr. Wilson, 1677 Lake Valentine Road, stated hc lives in that neighborhood and the residents
were not informed that the rink would not be put in the park until it was too late. He added
residents would like an explanation.
Mayor Probst stated if the neighborhood wants a rink in the park, the Council has the ability to
do that although the site conditions make it difficult He added that the Parks & Recreation
Committee recommended that an ice rink should not be put in Valentine Park due to the low
number of skaters and difficulty in keeping it staffed. Mr. Wilson stated the neighborhood was
not made aware of this decision.
. Mayor Probst statcd thc Parks & Recreation Committee should address this issue and present a
recommcndation to the CounciL Councilmember Aplikowski stated the issue will be on an
upcoming agenda for the Parks & Recreation Committee.
Councilmember Larson asked, with regard to the State of Minnesota Human Rights Board,
whether a representative of the City could servc on their board. Councilmember Rem stated that
a resident had been representing the City, and she was also willing to serve as a representative_
Mayor Probst stated that the Council had changed its Human Rights group's status from
commission to committee in 1991 or 1992, and more reccntly, did not re-appoint the committee
as efforts to revitalize the group had failed_ He added the Council has the ability to reinstate that
group, stressing the difficulty the City had in the past with recruiting participants and keeping the
group together.
Councilmember Larson stated, in his opinion, the City should have a representative on the
Human Rights Board to represent the City in some capacity. Mayor Probst stated he is
comfortable with continuing the ongoing appointtnent_
Councilmember Aplikowski stated she would support a committee that would meet problems
which might arise_ She added she would not support a committee in place to discuss problems in
other communities_ She noted, in her opinion, a human rights committee is necessary only if
. there is a need in thc community_
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Mayor Probst stated that as Councilmember Rem is interested in pursuing the appointment, he
requested that Councilmember Rem work with City staff to put together a recommendation to be
presented to the Council for approvaL Councilmember Rem agreed.
Mr. Lynch asked whether Mayor Probst wished to see reinstatement of a commission or
committee for human rights, or to continue a single representative with voting rights at the State
leveL Mayor Probst stated he is comfortable with having a representative, but added that
Councilmember Rem is willing to take on the challenge of putting a committee back together
again. He noted he is comfortable with that attempt
Mr_ Lynch stated this is the only instance in which a single individual represents the collective
policies of the City_ He added, from a public policy standpoint, it is a difficult position.
Mayor Probst asked whether any documentation had been received from the State with regard to
the release ofI-35W right-of-way from MNDOT- ML Lynch stated a legal description and map
were available. Mr. Stafford stated he is unsure whether it is clear title as it is not clearly
defined. Mayor Probst requested that the documentation be included in a future Council packet
Mayor Probst stated the final breakout workshop for the 35W Corridor Coalition will be held
September 13 at 5:30 p.m. at the New Brighton Family Service Center. He added that he had
received composite drawings taken from the previous workshops.
. ADJOURN
MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion
/;',to adjourn the meeting at 8:50 p.m. The motion carried unanimously (5-0).
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NOTICE OF MEETINGS
The next regular City Council meeting will be held Monday, September 1],2000 at 7:30 p.m_ at
the Arden Hills Council chambcrs.
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