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HomeMy WebLinkAboutCC 10-10-2000 CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING OCTOBER 10, 2000 . 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL 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 Attorney Jerry Filla, City Administrator, Joe Lynch; Public Works Director, Dwayne Stafford; City Accountant, Terrance Post, 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 October 10, 2000, regular City Council meeting, as . submitted. The motion carried unanimously (5-0). Mayor Probst noted the passing of Congressman Bruce Vento, He recognized Congressman Vento's contributions to the City and his enormous assistance with regard to the Arsenal reuse and in obtaining the new City Hall property, He expressed great personal sadness at the news, adding that the City should consider ways to recognize Congressman Vento's contributions in the ongoing City Hall planning efforts, APPROVAL OF MINUTES A. September 11,2000 Regular Council Meeting Mr. Lynch requested the following changes: On page 11, third paragraph from bottom, second line, replace "determine" with "determined". On page 13, third paragraph, first line, replace "affective" with "effective", Councilmember Grant requested the following changes: On page 11, last paragraph, third line, delete "with one exception". On page 12, fifth paragraph, sixth line, replace "concrete valley gutter" with "surmountable curb and gutter". On page 16, last paragraph, sixth line (top of page 17), insert "Councilmember Larson also stated he had seen a number of cars parked on Ingerson Road. Councilmember Grant indicated he did not concur with that observation, adding he was unsure whether the incident involving the child was related to a parked car" On page 22, second . paragraph, fifth line, replace "lower" with "east", On page 22, delete ninth paragraph. On page 24, eighth paragraph, replace "An audience member" with "Philippa Lindquist", On page 26, ARDEN HILLS CITY COUNCIL - October 10, 2000 2 tenth paragraph, second line, replace "south" with "west". On page 27, third paragraph from . bottom, first line, delete "these" and insert "curb and gutter" after "decisions", Councilmember Rem requested the following change: On page 17, strike third paragraph and replace with "Councilmember Rem stated that Ingerson Road and Hamline Avenue are primarily residential streets that allow residents access to other busy roads, She added she did not believe they are major roads that happen to have a neighborhood around them," B. September 18,2000 Council Worksession Mayor Probst requested the following change: On page 5, second paragraph, second line, replace "inability" with an appropriate word. Mayor Probst stated he had indicated that the City would not take any further applications until the planning issue is resolved. C. September 25,2000 Regular Council Meeting Councilmember Grant requested the following changes: On page I, under Call to Order, the minutes should reflect that Councilmember Larson had previously indicated he would be absent from the meeting. On page 11, first paragraph, insert "winter" after "2000/200 I". Mayor Probst requested the following changes: On page 4, last paragraph, first line, replace "Mayor Probst stated that he would wish to note" with "Mayor Probst noted to Council". On . page 8, second paragraph from bottom, third line, after "contact City staff' insert "by that deadline", On page 10, seventh paragraph, replace "September" with "October", MOTION: Councilmember Grant moved and Councilmembcr Aplikowski seconded a motion to approve the meeting minutes as amended. The motion carried unanimously (5- 0), CONSENT CALENDAR A, Claims and Payroll B. Ord, No, 321, Formal Ordinance for Zoning Ordinance Amendments (Accessory structures, amortization, electric fences, etc.) C. Water Management Plan, Authorization to Pursue Requests for Qualifications (RFQ's) D. Res, #00-36, Electing to Continue Participating in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act, Calendar Year 2001 E, Appoint Election Judges for General Election Councilmember Grant stated that some residents were under the impression that if they served as an election judge for the primary election, they would automatically serve during the general election, He noted that this is not the case, and requested that Ray Krepps be added to the election judge list. . - ARDEN HILLS CITY COUNCIL - October 10,2000 3 MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion . to approve the Consent Calendar and authorize execution of all necessary documents contained therein, with the following amendment: Item E. The addition of Ray Krepps to the list of election judges for the general election. 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. There were no public comments, UNFINISHED AND NEW BUSINESS A. Resolution #00-34, Receiving a Revised Feasibility Report in the Matter of the 2001 Street Improvement Project Mr. Stafford stated that the Council had requested a revised feasibility report from the City . Engineer with regard to the 2001 Street Improvement Project following recommendations from Staff, the Lake Josephine Hills Association and the Ingerson Neighborhood Review Group. He added the revised report contains a basic outline of proposed costs, Mr. Stafford stated that staff recommends the Council's approval of Resolution #00-34 which receives the revised report and schedules a public hearing to be held November 13, 2000. He added that the public hearing will be an opportunity for the Council to receive comments from residents and discuss the merits of the project. He noted that Mr. Brown was available at the meeting for comments or questions. Mayor Probst reiterated that this item is not a public hearing and the Council will not receive public comments in this matter. He added the Council will decide whether or not to receive the feasibility report and whether to schedule a public hearing. He noted this will give the Council an opportunity to review the report and offer comments. Councilmember Grant asked why the contingency amount was changed from 10% to 15%. Mr. Brown stated the rate was adjusted to account for inflation rather than increasing unit prices on all individual items. Councilmember Grant stated he would prefer that individual prices be adjusted to reflect the increases that apply to them. He added it is more appropriate to increase illlit prices than to increase the contingency fee, Mr. Brown concurred. . ARDEN HILLS CITY COUNCIL - October 10, 2000 4 Councilmember Aplikowski stated she has difficulty receiving the report, as the resolution states . that the Council will consider improvements in accordance with receiving the report. She added she does not support receiving the report. Councilmember Rem stated the rcvised feasibility report has no significant changes over the original feasibility report, She added, in her opinion, there is no reason to hold a public hearing when no changes have been made and the issucs contained in the report have already been discussed at previous public hearings. MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to refuse to adopt Resolution #00-35, receiving the Revised Feasibility Report in the matter of the 2000/2001 Street Improvement Project, nor to schedule a public hearing. Councilmember Aplikowski stated that the entire project should be delayed a few years until the City is more comfortable with the program as proposed. She added she is aware that it will cost the City more money later by not moving ahead with the program now, Councilmember Rcm stated she would be interested to review the City's Pavement Management Program (PMP) document which she has never received since joining the Council. She added there is some confusion and misunderstanding among the Councilmembers with regard to the City's pavement management policies, She reiterated she would wish to review a copy of such a . policy, Mayor Probst stated the Pavement Management Program policy is available for review. He expressed his disappointment that the Council has a lack of understanding of the program and what it represents after a year and a half of deliberation on the issue, Mayor Probst stated he disagrees that the revised report has not been signilicantly changed. He added the report is dramatically different than what tlle Council reviewed in the past. He noted the City Engineer has done what was requested. He expressed concern that the Council did not clearly identify its expectations if the revised report is not what was expected, Mayor Probst stated that the City Engineer responded by reviewing the items which the Council requested. He addcd that nothing is gained by not receiving the report and bringing some closure to the issue. He expressed concern that further difficult decisions would be delayed by refusing to receive the report, He urged the Council to reject the motion on the table and pass the resolution as proposed, Councilmember Larson asked, with regard to the contingency fee, whether the City Engineer feels that it reflects an uncertainty with regard to inflated costs, Mr, Brown agreed, noting that the increased contingency fee was used as a convenient way to address inflation, He expressed confidence that the contingency fee will represent an accurate figure as far as total estimated project costs, . ARDEN HILLS CITY COUNCIL - October 10, 2000 5 Councilmember Larson stated the C0l1l1cil has a recommendation from City staff with regard to . the revised report. He added the Council can disagree with staffs recommendations. He stressed that the Council must recognize the difference between deciding that the report is not what was requested, and agreeing or disagreeing with the report itself. Linda Swanson presented a petition signed by neighborhood residents to the bench requesting that the Council not accept the feasibility report. The petition was received by the Council. Councilmember Rem stated she reviewed the minutes from the Council's September 11 regular meeting at which this issue was discussed. She added that there were some items requested by the Council which were not included in the revised report, Councilmember Larson stated he disagrees with Councilmember Rem's statement that there are no differences between the feasibility study presented to the Council in 1999 and the revised feasibility report currently under discussion. He noted the revised report contains recommendations regarding rain gardens, edged bands instead of curbs in some areas, and does not recommend 32' wide streets. He added the differences are significant. Councilmember Rem stated that some parts are different. She stressed that the issue of whether every street needs to be reconstructed remains, She added that the first feasibility study did not include 32' road widths. Councilmember Larson stated he could only recall one feasibility study, . Councilmember Rem stated the first feasibility study was prepared in November of 1999, She added a second feasibility study was prepared later in 1999. Councilmember Larson stated the study prepared in November of 1999 was not a feasibility study, Councilmember Rem stated that the feasibility study should correspond with each street's PCI number. Councilmember Larson stated that the neighborhood approach to pavement management, which recognizes that some streets might not need reconstruction as much as others, should be revisited, Councilmember Rem asked how many neighborhoods the City could afford to complete at this rate. Councilmember Larson stated the City has committed to completing one neighborhood every two years. Councilmember Rem asked whether that would apply to every street in the neighborhood. Councilmember Larson confirmed this. Councilmember Grant stated the City should not begin a street reconstruction program on a neighborhood in which the streets are not in need of repair. He added this would minimize the investment made by the City years ago. He noted he would wish to review the City's Pavement Management Program. He expressed concern that the Council is discnssing the issue with residents without being able to give specifics with regard to the program. Councilmember Rem stated, with regard to the November 1999 engineering report, the cover . sheet refers to the report as a "feasibility study". She added the Council acknowledged it was a feasibility study. ARDEN HILLS CITY COUNCIL - October 10,2000 6 Councilmember Larson's recollection was that only one feasibility study was produced by the . City and accepted for public comment. He added that the document referred to by Councilmember Rem was most likely a preliminary draft of the feasibility study. It was Councilmember Rem's recollection that two feasibility studies were released, and the first study was not designated as a draft. Councilmember Aplikowski stated that the impact on the neighborhood should have been considered before the feasibility report was undertaken. She reiterated that the project should be postponed until further review is completed. She stressed that many city streets are in need of repair which will be done in the future. Councilmember Aplikowski stated that a neighborhood project of this type may not be appropriate, She added that she has been on the Council for eight years and has always attempted to support the City's road improvement efforts, She noted that, in this case, she is unable to support the project, partially due to resident's comments. Councilmember Grant stated that a concerned resident recently approached him that his street, which was in good condition, was scheduled for reconstruction. He added he does not like the current PMP neighborhood project concept, as it does not reflect a sound financial decision, Mayor Probst stated that a rejection ofthe feasibility report and abandonment of the project . constitutes bad public policy on the part ofthe Council. He expressed his disappointment that the discussion in no way reflects discussions held over the past year. He noted that the current Council had voted unanimously, with the exception of Council member Grant who was not a member of the Council at that time, to move ahead with the project on a neighborhood basis. Mayor Probst stated that it was agreed a year ago that the Ingerson neighborhood had the worst collection of streets, He reiterated that a purpose of the resolution is to establish a public hearing for residents to express their concerns. He noted that the public hearing is not being held at this meeting, Mayor Probst stated that, in rejecting the program, the Council will do a disservice to the neighborhood in particular and the community in general, He added that the neighborhood does not have a storm water management system, and there is significant disagreement with regard to solving storm water issues. Councilmember Larson stated that the Council should have been more specific in its request to staff for a feasibility study. He added that staff and the City Engineer did not fail in completing what was requested by the Council. He noted that the Council should be specific, and communicate to staff that a 6" curb and gutter is not preferred. Councilmember Aplikowski stated that staff requested that the Council not be specific about . such matters. She added the recommendation was that staff bring back options, She noted that the revised feasibility report does not present options. ARDEN HILLS CITY COUNCIL - October 10,2000 7 Councilmember Grant stated that two neighborhoods had lower PCI ratings than the Ingerson . neighborhood, but Ingerson had more ponding issues, He added it was his understanding that the Ingerson neighborhood was chosen for the project because state funding sources were available, He noted he would prefer to see road projects driven by the condition of the roads and not the condition of the City's finances, Councilmember Aplikowski stated it might be wise to wait until the second generation surface water management plan is completed before reviewing the project again, MOTION: Councilmember Rem moved and Councilmember Aplikowski seconded a motion to remove the motion currently under consideration. The motion carried unanimously (5-0). MOTION: Councilmember Rem moved and Councilmember Grant seconded a motion to withdraw from thc Ingerson Neighborhood project due to lack of agreement on the revised feasibility report. Voting on the motion: Aplikowski, Grant and Rem voted aye, Probst and Larson voted nay, The motion carried (3-2). B. Outdoor Skating Rink Establishment and Operation Policy . Mr. Lynch stated that Ms. Fran Holmes presented a petition to the Council at their September 11 meeting and was requested to attend the recent meeting ofthe Parks, Trails and Recreation Committee (PTRC). He added that as a result of that meeting, the PTRC is recommending the re- establishment of the skating rink at Valentine Park. Mr. Lynch stated that due to future storm water management planning as well as the parks comprehensive plan study, staff recommends not to re-establish the rink or warminghouse at Valentine Park. He added staff also agrees with the PTRC's recommendation to eliminate the pleasure rink at Cummings Park for the 2000/200 I season, Mr. Lynch stated that the PTRC also recommends that no private rentals be allowed during general skating hours with the exception of the previously established policy with local hockey associations, Councilmember Aplikowski expressed concern that neighborhood traditions and the City's enjoyment of green space are being lost. She expressed concern that City staff decided that the rinks are no longer feasible and will be closed despite the recommendations of the PTRC. She noted she finds it personally offensive that neighborhoods are impacted by budget issues. Councilmember Aplikowski stated that staffing issues in the warminghouses can be resolved. She added that such decisions should not be made arbitrarily without some discussion with . neighborhood residents. She noted that such decisions should be delayed until the completion of the City's comprehensive plan. ARDEN HILLS CITY COUNCIL - October 10,2000 8 . Councilmember Grant stated that he would support the continuation of a rink at Valentine Park. He added he has skated there for many years. He added that a rink should be included in the park regardless of the future use of the park. Councilmember Larson stated he would wish to learn why staff recommends shutting down the rinks, He added he understands the park has been physically unsuitable for flooding a rink, and staffing of the warminghouses has been an issue. Mr. Moore stated that from a historical standpoint, numbers of skaters have been very low in Valentine Park, He added that outdoor skating as a recreational activity has been declining with the advent of indoor ice rinks and skating areas. He noted that Valentine Park has had the worst attendance in the City, and Cummings Park has had the second worst attendance. Mr. Moore stated there has been a rink in Valentine Park for many years, as noted by Councilmember Grant. He added the location ofthe rink and the terrain has changed with the addition of the parking lot and the location ofthe warminghouse, He noted it is difficult to maintain ice at that location. Council member Larson asked where the nearest available pleasure rink is located, Mr. Moore stated that Freeway Park has a pleasure rink and a hockey rink, both of which will have more general skating time than in the past due to the restriction of use by Bethel College. He added . that there are pleasure rinks at Perry Park and Hazelnut Park (which has the best ice in the City and is the most active facility). Mr. Moore stated there are three parks with significant pleasure or hockey rinks to choose from within a five-minute radius of Valentine Park. Couneilmember Grant stated that the pleasure rink at Hazelnut Park is moderately sized compared to the Shoreview figure skating rink which is significant in size, Mr. Moore stated the rink at Hazelnut Park is the largest rink in the City with large numbers of skaters every year. Councilmember Grant stated that demand would increase as the City reduces the number of rinks. He added he supports re-establishment of the rink at Valentine Park. Councilmember Rem stated she is confused by the staff memo of October 4, which indicates that Valentine Park's rink should remain closed until the Comprehensive Plan is completed, and yet recommends the immediate elimination of the rink at Cummings Park. She noted that the PTRC, which serves the community well, made a recommendation which was overturned by City staff. Couneilmember Rem stated, in her opinion, that this issue and the street improvement project represent poor policy making, She expressed concern that it seems to residents that when they don't want something, they get it, and when they want something, they can't have it. . ARDEN HILLS CITY COUNCIL - October 10, 2000 9 Councilmember Rem stated that if the neighborhood residents want a rink in Valentine Park, a . rink should be established. She added that residents have presented their reasons and the Council act on the PTRC's recommendations. Mayor Probst stated he takes exception to the comments of Councilmember Rem. He added it is unfair and incorrect to suggest from the bench that the Council purposefully does the opposite of what residents want. Mayor Probst stated that the Valentine Park rink was closed last year with the full understanding of the Council. He added that residents can come forward and ask for it to be re-established, He noted that City staff differed from the PTRC in their opinion on the re-establishment of the rink, and the Council must choose a course of action. Mayor Probst stated that the Council's comments with regard to this issue and the street improvement project issue imply that City staff is responsible for creating difficult situations, He added he does not believe this is the case, and the Council has not been clear in terms of offering direction, He noted he does not have a strong opinion either way, although budget issues must be taken into account. Craig Wilson, 1677 Lake Valentine Road, stated that he has lived near Valentine Park for over eighteen years, and an ice rink has been in the park all that time, He added it seems strange to suggest now that the rink is not sustainable or maintainable, as tlle result of construction done by . the City. He noted the neighborhood should not sutfer due to actions that have been taken by the City, Christine Wilson, 1677 Lake Valentine Road, stated that it has never been their purpose during their private parties to exclude other residents from skating at the rink, Fran Holmes, 1804 Venus Avenue, tllanked City staff and the Council for their cooperation on this issue. She added the rink at Valentine Park has been open for 32 years, and the residents of the neighborhood are asking for their rink back. She noted the residents intend to have a party this winter if the rink is re-opened. Councilmember Larson asked whether at some point the neighborhood would feel that usage of the rink would make it inoperable. He noted the rink's low number of skaters, and usage may not warrant the on-going maintenance ofthe rink, Ms, Holmes stated that there are no lessons at the rink, and it is not a hockey area with organized groups, which might inflate the City's numbers at other rinks. She added the numbers appear to be adequate, and the neighborhood wants the rink back. Ms, Wilson stated the City has not provided any actual figures to indicate exactly how much money the City would be saving by eliminating the rink, Councilmember Larson stated that staffs memo indicates the average rink costs approximately $7,000 to maintain each winter. . ARDEN HILLS CITY COUNCIL - October 10, 2000 10 Mayor Probst asked whether there is skating on Valentine Lake. Ms. Holmes stated she skis on . Valentine Lake, and the ice is not suitable for skiing or skating, She added she would not want children skating on the lake. Councilmember Aplikowski asked whether the closure ofthe Valentine Park rink is strictly operational. Mr. Moore confirmed that the rink is difficult to install and maintain. He noted that poor ice and poor rink location might have contributed to low numbers of skaters. Councilmember Aplikowski requested clarification with regard to the closure of the Cummings Park rink, Mr, Moore stated thcrc is a safety issue in Cummings Park as the warminghouse is at a higher elevation than the pleasure rink, and skaters must walk 30-40 feet down a paved trail to reach it. Michelle Olson, Rccrcation Program Supervisor, stated that the Cummings Park pleasure rink has been difficult to maintain and access is not safe, She added that pleasure skaters often use the hockey rink rather than walk to tbe pleasure rink, which causes conflicts with skaters who wish to play hockey. MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to re-establish an outdoor skating rink and warminghouse at Valentine Park and eliminate the pleasure rink at Cummings Park for the 2000/2001 season, . Councilmember Grant suggested that the Cummings Park neighborhood residents be notified of this decision, Mr. Moore noted that the PTRC's recommendation was for the establishment of the skating rink but not the operation of the warminghouse. He added that the inclusion of a warminghouse would require additional planning and budgetary considerations, Councilmember Aplikowski stated that a timer for the floodlights could be used if the warminghouse were not open or staffed. Ms. Holmes stated the neighborhood needs a warminghouse if the rink is to be successful. She added that numbers will definitely go down, She noted that exclusion of a warminghouse does not accurately ref1ect the discussion at the PTRC meeting. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to re-establish an outdoor skating rink at Valentine Park and eliminate the pleasure rink at Cummings Park for the 2000/2001 season, The motion was withdrawn, MOTION: Councilmember Larson moved and Councilmember Grant seconded a motion to re-establish an outdoor skating rink and warminghouse at Valentine Park and . eliminate the pleasure rink at Cummings Park for the 2000/2001 season, The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - October 10, 2000 11 Ms. Olson stated, with regard to private rentals, that the presence of a privatc party at a rink . might discouragc other skaters during public use timcs. She added that an overlapping period of timc with after hour's rentals is acceptable with the understanding that the rink is being shared. Ms, Olson stated that both Shoreview and Roseville City staff indicated that they allow residents to rent rinks only after hours and with a warminghouse attendant. She added she would recommend the elimination of private rentals for all rinks until public skating hours are over. MOTION: Council member Larson moved and Councilmember Aplikowski seconded a motion not to allow private rentals sole use ofrinks during gencral skating hours, with the exception of the previously established policy with local hockey associations. The motion carried unanimously (5-0). Councilmember Aplikowski stated she does not support Cowlcil micromanagement, adding she supports responsiveness to resident's concerns. C. Tobacco Ordinance #310 Violation, Avanti Petroleum, Total Mart, 3673 Lexington Avenue North Mr. Filla stated reviewed a Tobacco Ordinance violation, in which a clerk at the Total Mart located at 3673 Lexington Avenue North sold tobacco to a minor on December 19, 1999. He added thc clerk's court-imposed 9-month probation period has ended and the licensee must be . dealt with administratively by the City. Mr. Filla stated that the liccnsee was notified of tonight' s hearing but has not responded or voluntarily paid the first offense fine of $200. He advised that this meeting's record include a copy of the action taken by the Ramsey County District Court as well as a copy of the notice sent to the applicant along with a statement to the effect that the applicant had been sent a notice of the hearing but chose not to appear or contact City staff He noted that the fine of $200 is required by City ordinance. MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to approve inclusion in the minutes of a copy of the action taken by Ramsey County Court in the case ofa City Tobacco Ordinance violation by Avanti Petroleum as well as a copy of the Notice of Violation sent to the offender, and in the licensee's absence, to authorize City staff to levy a mandatory fine of $200. The motion carried unanimously (5-0), D. Ord. No. 320, Zoning Ordinance Amendments (Antennas), Planning Case #00-28 Mr. Lynch stated that revisions to the City's Zoning Ordinance pertaining to antennas were made during a discussion at the Council's last worksession. Mayor Probst clarilied that the . amendments only pertain to antennas on the City water tower sites and not on any other portion of thc antenna ordinance. ARDEN HILLS CITY COUNCIL - October 10 2000 12 , MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a . motion to approve adoption of amendments to Section VI (I) of the City of Arden Hills Zoning Ordinance, representative ofthe "Proposed" Zoning Ordinance Amendment (Antennas)" section of the staff memorandum, dated August 3, 2000. The motion carried unanimously (5-0). E. City Hall Facility 1. Approval of Quit Claim Deed between Department of Army and the City, substantially in the form presented, subject to non-substantial changes being approved by the City Attorney and City Administrator; and Authorize the Mayor and City Administrator to Execute all necessary Documentation Mr. Lynch stated the Quit Claim Deed was forwarded to City stafffor review by the Council. He added it was requested that the document be returned with suggested amendments which the- Department of the Army mayor may not take into account. He noted that a signed document would be returned to the City to be signed by the Mayor and recorded with the County, Mayor Probst stated he is a firm advocate of all items on the agenda related to the new City Hall facility, He expressed his concern that the Council was being given the opportunity to review the Quit Claim document. He urged the Council to act affirmatively on all three items, . Councilmember Larson asked whether the Quit Claim Deed has amendments, Mr, Filla stated a change in the second paragraph of the first page refers to "Exhibit A". He added he would recommend that "Exhibit A" be recorded along with the deed. He noted this would define the doclunent in more detail. He stated he is unsure whether the National Guard would go along wi th that. Mr. Pilla stated, with regard to the easements on the second page of the Quit Claim Deed, that thcy cover a larger area than the location of the utilities, He added he spoke with a representative ofBRW who advised that the actual utilities are all located within the Highway 96 right-of-way, and therefore should not be a problem. Mr. Filla stated that the City may wish to approach the utilities companies after the deed is recorded to advise that blanket easements will not be necessary over sections of the land. He added this will not be a problem with regard to construction of the facility. Councilmember Rem requested clarification with regard to the timelines included in the Quit Claim Deed. Mr. Filla stated that all documents listed in the deed are documents of record and can be obtained from Ramsey County to determine what length of time they exist. He added he would advise that the other agrecments involving the City be recorded as they expire automatically by their terms, Mr. Lynch stated that it would be in the utility company's interest to approach the property . owner at this time to roll the easement over for another period of time, Mr. Filla stated he was ARDEN HILLS CITY COUNCIL - October 10, 2000 13 surprised that the easement is not perpetual, adding this is probably the case because it was . acquired from the Army, Councilmember Rem asked, with regard to joint office space, whether the five-year period is the longest they will be allowed a presence in the building, Mr. Lynch stated that the five-year period could be extended, He added the City has the right to give notice oftennination but no sooner than five years from now. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the draft Quit Claim Deed and authorize the Mayor and City Administrator to proceed with execution of the document. Voting on the motion: Aplikowski, Grant, Larson and Probst voted aye, Rem voted nay (4-1), The motion carried. 2. Approval of Right of Early Entry Docnment Mr. Lynch stated the expanded Right of Early Entry document removes restrictions which existed with the earlier Right of Entry document. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a . motion to approve the Unrestricted Right-of-Entry document and authorize the Mayor and City Administrator to proceed with execution of the document, Voting on the motion: Aplikowski, Grant, Larson and Probst voted aye, Rem voted nay (4-1)_ The motion carried. 3. Rochon Construction, Award of Full Construction Contract Mr. Lynch stated that construction on the City Hall's foundation and other related activities would begin as soon as possible after award of the full construction contract to Rochon Construction, Councilmember Grant requested an update from Rochon Construction with regard to the project. Mr. Robert Dew, Rochon Construction, stated that excavation at the site has been completed and concrete was scheduled to be poured the next day. He added the 8" water line from Hamline Avenue was installed and the parking lot subgrade was being prepared for the groundbreaking ceremony. MOTION: Councilmcmber Larson moved and Councilmember Aplikowski seconded a motion to approve authorization of Architectural Alliance to notify Rochon Corporation to begin all other construction, according to the contract. . Voting on the motion: Aplikowski, Grant, Larson and Probst voted aye. Rem voted nay (4-1), The motion carried. ARDEN HILLS CITY COUNCIL - October 10, 2000 14 . ADMINISTRATOR COMMENTS Mr. Lynch stated a symposium was scheduled for Friday, October 13 in Building 105 at TCAAP from 10:00 a,m. until 3:00 p.m. He added the meeting was called by the Under-Secretary ofthe Army to discuss the federal government's role in redevelopment of the TCAAP property. He noted that several City staff, including himself, Ms, Chaput, and possibly Mr. Post, planned to attend, and invited interested Councilmembers to attend, COUNCIL COMMENTS AND COMMITTEE ACTIVITY REPORTS Councilmember Larson reviewed the Planning Commission's recent meeting, at which both a lot consolidation on Katie Court and a PUD Amendment for North Heights Church for the construction of two gazebos were recommended for approval. Council member Larson stated that the Fire Board meeting scheduled for Wednesday October 11 was rescheduled, Mayor Probst suggested that a Council worksession be devoted to discussion ofthe pavement managcment program. He stated the Council's discussion this evening indicated a need for a review of the program. He expressed his disappointment that the Council does not feel they have . a good understanding of the City's policy a year after the project was begun. Mayor Probst expressed concern that, by this evening's action, the Council has made further pavement management in the community impossible for some time. He stated that the neighborhood had legitimate concerns, and the Council had an opportunity to work through their issues and move forward with the project. Mayor Probst stated that the League of Minnesota Cities (LMC) staff who presented a program at the recent mayor's conference he attended may be available to speak with the Council about recommended approaches to management of issues and basic principles that can be used in any situation. He suggested that this could be scheduled some time after the election, Mayor Probst stated that a 2-hour timeslot would be adequate, as it is not a lengthy presentation. He added a separate evening session might be schcduled. Councilmember Larson stated he would prefer a separate evening, Councilmember Grant agreed, Mayor Probst stressed the importance of the Council's role as public officials to be careful in puhlic commentary as they deliberate issues in the public realm, He added this is equally important for City staff. . Mayor Probst stated that staff are anticipating approximately 100 people to attcnd the City Hall groundbrcaking, which is scheduled for October 17, He added he intends to offer a number of thanks and to recognize past mayors and councilmembers who were significant in the succcss of ARDEN HILLS CITY COUNCIL - October 10,2000 15 the project to this point. He noted he will offer further commentary on the involvement of . Congressman Vento. ADJOURN MOTION: Councilmember Grant moved and Councilmember Aplikowski seconded a motion to adjourn the meeting at 10:10 p,m. The motion carried unanimously (5-0), ~ NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, October 30, 2000 at 7:30 p.m. at the Arden Hills Council chambers. . . ----