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HomeMy WebLinkAboutCC 10-13-1998 MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING . OCTOBER 13,1998 7:30 P.M. - ARDEN HILLS CITY CQUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dermis Probst called to order the regular City Council meeting at 7:30 p.l11. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Susan Keim, Gregg Larson and Paul Malone. Absent: None. Also present were City Administrator, Brian Fritsinger; Assistant to the City Administrator, Kevin Ringwald; City Accountant, Terrance Post; Public Works Director, Dwayne Stafford; City Engineer, Greg Brown, BRW; and Recording Secretary, Lori Rolfson. ADOPT AGENDA Mr. Brian Fritsinger, City Administrator, stated the Council will be asked to postpone action on . Item B, under Unfinished and New Business, in order for Staff to discuss the issue further. MOTION: Councilmember Aplikowski moved and Councilmember Keim seconded a motion to adopt the agenda for the October 13, 1998, regular City Council meeting. The motion carried unanil110usly (5-0). APPROVE MINUTES Councilmel11ber Keim noted on page five, third paragraph from the bottom, the last line is incorrect. As she understands it, the distribution line will not be used by Arden Hills, not even for backup. She recommended the sentence be stricken. Councilmember Malone stated that although the Councilmember's comment is correct, the statement was made during the meeting. Councilmember Keim stated she specifically asked the question and was told Arden Hills will not be serviced by the distribution line. Mr. Fritsinger noted it was later in the discussion that the Council was told the line would not be used. At this point in the discussion, the NSP representative was suggesting that if other lines went out, this line would be available for backup. Mayor Probst asked ifthe sentence should rel11ain or be stricken. Councilmember Keim indicated if the statement was l11ade it could remain, but she felt the statel11ent was incorrect. . Councilmember Malone suggested that since Councill11ember Keim believes the statement is wrong, it should be stricken. The Council agreed. ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 2 . Mayor Probst noted on page seven, fourth paragraph from the top, first line, the word "intention" should be changed to "desire." MQTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve the meeting minutes of the September 28,1998 regular City Council meeting, as amended. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Resolution #98-61, Authorizing Application for Recycling Grant Funds for 1999 C. Authorize Purchase, Generator D. Resolution #98-62, Designating Election Results Canvassing Meeting MOTION: Councill11el11ber Malone moved and Councill11ember Larson seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Mayor Probst noted the Election Results Canvassing Meeting will be held Thursday, November 5, 1998 at 5:00 p.m. The motion carried unanimously (5-0). . PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any itel11s not already on the agenda. There were no public COl1l1nents UNFINISHED AND NEW BUSINESS A, 1369 Forest Lane, Code Enforcement Update Mr. Kevin Ringwald, Assistant to the City Adl11inistrator, noted Staff requests authorization to proceed with the del11olition of the home at 1369 Forest Lane. The City Council, at its Monday, Septemher 28, 1998, l11eeting stayed the demolition ofthe homc. The stay was subj ect to the applicant cOl11plying with conditions that, on or before this evening's meeting, the property owner provide evidence to the City Council that he had obtained the necessary funds (including any fees) to bring the house into full Code compliance, had obtained a building permit from the Building Official and, within 30 days ofthe approval of said plans, have completed all necessary work to bring the home into full Code compliance and obtain a Certificate of Occupancy. As of Friday, October 9, 1998, the property owner had not complied with the first two conditions. The Fire Marshal, at the time of the fire, estimated that the minimul11 amount required to repair the hOl11e would be $60,000, while the insurance company estimated the . minimum amount would be in excess of $90,000. The property owner had expressed his desire to utilize people who would do the work now and be paid later. Staff has requested the property owner provide a sworn construction statement from the contractor, detailing their costs and the timing of their payment, to allow Staff to determine the minimum financing amount required. ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 3 . The Building Official has requested that the City Attorney notify the Court of the proceedings of the City Council. The City Attorney has informed Staff that they will be notifying the Court of the City Council's actions to date. At the previous City Council meeting, the property owner asked that, ifthe home is to he torn down, he he allowed to perfonn the demolition. Staff would have concerns about the owner's ability to tear the structure down within 30 days. Additionally, the property owner would be responsible for the sewer and water disconnects, removal of the foundation, and filling in the basement with suitable material and compacting and seeding that area. He would also have to obtain a demolition permit prior to beginning the work. Staff obtained three bids for the demolition in the event the Council chose to have the City conduct the work. The bids range from $7,200 to $14,500. Although the expenditure offunds for this activity was not accounted for in the 1998 budget, the City has received authorization from the Court to recover its cost through either an assessment on the property or a judgment against the property owner. The land values ofthe surrounding properties range from $37,100 to $51,000 and such an assessment would appear likely to be recovered. Mr. Ringwald advised that Staff recommends authorizing Ray Anderson & Sons to proceed with the demolition of the home located at 1369 Forest Lane and assess all the costs of the project against the subject property. . Mr. Nixon stated that as of last Friday, he was ready to proceed. He then discovered Staff did not believe he could complete the project for the $30,000 he plans to borrow. He noted his contractor, Mr. Steve Kmger, is present with price lists showing it can be done for this amount of money. He indicated his private lender is concerned that the City is stating they want control of the money. Mr. Ringwald indicated that the City does not want control of the money but would like to either see the check or some sort of assurance that the money is available. Mr. Kruger stated the City wanted him to have a State Contractors License and noted he has been doing this work for 27 years and has never needed one before. He stated he has gone to the Department of Commerce and was told that as long as he is not making more than $15,000 on the project, he can obtain the license free of charge. He has filled out the application and was assured it will be approved. Regarding the financing issue, he stated the Council may call the lender, Mr. Gary Wisner, between 9:00 and 10:00 a.m. tomorrow to verify the financing. Mr. Wisner can provide information to the Council and his accountant can confirm there will be $30,000 put aside tomorrow, in an account, for the project. Mr. Kruger gave the Council Mr. Wisner's phone number. Mr. Kruger stated that the belief of the City that the project cannot be done for less than $60,000 is incorrect and he has compiled a list of the materials needed and their cost as of this weekend's prices. The project is set up to be delivered in separate loads. The first load, consisting of . materials to complete the entire second floor and the roof, is planned to be delivered this week. Mr. Kruger reviewed the pricing of all the materials and concluded the total price for materials will be $14,898. With the additional cost of$l,OOO for the permit, the total cost will be just under $16,000. The remaining balance of the $30,000 will cover the cost oflabor. He has five people scheduled to begin the work immediately who are committed to working quickly to meet -- ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 4 . the deadline of 30 days. He also pointed out that he has had the blue prints drawn up and they have been approved. Mr. Kruger presented his Contractor's Agreement stating the job will be completed within 30 days of starting and restated he is ready to begin this week. He has a friend who is an electrician and is prepared to complete the electrical work and have it inspected. He felt the house is ready for the work to begin, the project is in compliance, the funds are available, and it would be a shame to tear down Mr. Nixon's house. Councilmember Keirn asked what type of security there is for the loan. Mr. Kruger stated the loan will be in cash. Mr. Nixon noted it will be a short-term loan and the home will be the collateral. When the renovation is completed, he will be able to secure a home loan to pay back Mr. Wisner. Mr. Kruger indicated he has a legal certificate and Mr. Wisner has requested him to draft up the loan document indicating the terms. Councilmembcr Keim asked if Mr. Wisner will be recording a lien against the property. Mr. Kmger stated it will just be documented that, within a certain number of days following completion of the project, the loan will be paid back. Other lenders Mr. Nixon has spoken with have indicated, although they will not approve him for financing to rebuild the home, they will allow him to re-finance the home once it is completed. Council member Keim asked ifMr. Nixon has this information in writing. Mr. Nixon stated he . does not, but will get this documentation if requested. Councilmember Keim noted, traditionally in this industry, he would have his loan commitment prior to obtaining temporary financing for construction. She indicated she is looking for a document indicating he is approved for permanent financing. Mr. Kruger indicated ifMr. Nixon does not ohtain permanent financing, Mr. Wisner is prepared to remain invested in the property, discuss putting the property up for sale, and recovering his investment that way. Councilmember Keirn stated she would like to see the money held in escrow. Normally, an escrow is held at a title company and the title company releases the funds to ensure there are no mechanic liens. She asked for confirmation that this is not the process being used. Mr. Kruger stated although this is correct, the accountant involved will be placing the $30,000 in an account, will issue the money for the building permit, and release the funds in phases. Additionally, $1,000 will be placed in another account for access in the event there is an emergency and the accountant cannot be reached. Councilmember Keim pointed out the accountant will be operating under Mr. Wisner's direction and ifhe decides to pull out of the deal, the City has nothing to fall back on. If the money is being held by a third party in escrow, there is an assurance it is available. Mr. Kruger noted the accountant will be the third party. Mr. Nixon noted Councilmember Keim is asking that the money be put into an escrow account itself to be drawn from. Mr. Kmger indicated he believes . Mr. Wisner will not have a problem doing this. Councilmember Malone noted there have been a number of delays and this issue goes back a long time. He indicated the City operates under the State Building Code, as all cities do. The Council has worked with the property owner to work out the plans but the Council does not ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 5 . normally negotiate building permits and house designs. He pointed out a license number was given which was not Mr. Kruger's which may have been accidental but it makes the Council skeptical. Mr. Kruger explained he is sub-contracting for Four Season Homes and had submitted their license number. The company he previously worked for gave him permission to use their number for this job but he inadvertently wrote down the wrong number. Because he no longer works for the company whose number he was intending to use, he has decided to obtain his own license. Councilmember Malone noted Mr. Kruger has only applied for the license and has not actually been approved. He indicated the Council has been very lenient with Mr. Nixon and there have been issues of concern such as incorrect information and missed deadlines which have caused the Council to look more closely at the project requirements. Mr. Kruger stated he has worked on many projects, including an 80-unit apartment building, and has never needed a State Contractors License. Councilmember Malone asked ifhe was the contractor on this project or ifhe was working for someone else. Mr. Kruger stated he was working for a business and was not the contractor. Councilmember Malone pointed out the contractor for the job would have had the proper licensing. Mayor Probst stated the Council has been consistent in that they are not in the business of . demolishing houses and it would he in the City's hest interest to see the home rebuilt. What needs to be resolved this evening is the level of confidence, given the time spent and the missed deadlines, that the home will be ready in 30 days. He indicated the Council would need some sort of assurance that this will be done. Councilmember Larson concurred with Councilmember Malone that the Council has given Mr. Nixon much leniency and has spent a great deal oftime on this project but the Council is not any closer than the last meeting in compiling the information Staff has requested. There is no proof of financing which was the most important aspect and was due today. He is not convinced that, if given another month, Mr. Nixon would be able to provide proof of financing. Mr. Kruger stated if the Council needs verification tonight, Mr. Wisner will be home at 9:30 p.m. and they could call him yet this evening. Councilmember Larson stated this is not the type of verification the Council was looking for. The Council wanted something more firm demonstrating that Mr. Nixon has the financial capabilities to do the work. A verbal statement that a private individual is willing to loan the money is not sufficient. At a minimum, ifhe planned to move forward with financing this through a private loan, the Council would want to see a Performance Bond. Councilmember Aplikowski asked if the home is a safety hazard for tile neighborhood. Mr. Ringwald stated it is the deternlination of the Building Official that it is a safety hazard. Councilmember Aplikowski asked if there have been complaints from local residents. Mr. . Ringwald stated there had originally been some complaints, but Mr. Nixon has also received support from some of his neighbors that he be allowed to rebuild the home. Councilmember Malone pointed out the Ramsey County District Court has determined the home is a hazard and should be demolished. He noted the issues being presented tonight should be -- - __n____ ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 6 . dealt with at a Stafflevel. The Council is not in a position to deal with price lists and review plans. He asked Stafffor their reaction to the situation. Mr. Ringwald stated the key would be to have the Building Official compare the list provided by Mr. Kruger with what he feels needs to be done and verify the costs identified. Staff would need to verify the application for the State Contractor License is in the process of being approved. Staff would still want to receive verification that the money is in place to adequately cover the expenses indicated by Mr. Kruger, including any additional items the Building Inspector may reqUIre. Mr. Ringwald stated Mr. Wisner would need to either prepare a third party check to be deposited in an account which would be jointly held, or provide something that would be acceptable to assure money will be available to pay the bills. Mr. Nixon restated his concern that the City wants to control the money. Mr. Ringwald explained Staff wants some level of interest that the funding sources cannot be repealed before the project is completed. Additionally, Staff would want to be able to match up the approved expenses with the approved financing. Mayor Probst noted that, although it would be appropriate to try to pull together all the documentation, this has been a problem throughout the whole process. The fundamental issue the Council is faced with is how to resolve this with some degree of confidence that the project will proceed and be accomplished in a timely manner. He proposed the Council give Mr. Nixon a 45 day deadline from tonight. Ifthe house is not done, the Council will award the contract to . the low bidder to demolish it. He noted the project needs to be brought to closure before winter. He asked the Council for response to this proposal. Councilmember Aplikowski asked if the Mayor would still be wanting proof of financing and licensing. Mayor Probst reiterated the difficulty the Council has been having over the last couple months in obtaining the proper documentation. His concern is if the Council continues to try to determine what is needed, they will be back in two weeks with paperwork that is still not quite acceptable. Councilmember Larson expressed his concern with how the Council can avoid the situation of Mr. Nixon coming back in 45 days asking for an extension because the Building Official has not approved a portion ofthe house. He also noted if there truly is financing, Mr. Nixon should post some sort of a bond equal to the amount of the demolition so the City is assured he will follow through with the project. Councilmember Malone noted that it is not really up to the Council to verify financing, it is up to the property owner and he is not willing to put the responsibility onto Staff to be Mr. Nixon's financial consultants. If Mr. Nixon wants to show proof of financing, it should be presented to Staff who will forward it to the Council. Councilmember Malone asked Staff if the documentation for the Building Permit has been issued. Mr. Ringwald stated it is ready to be paid for, and the only thing holding it up is . verification of the State Contractors License and payment of the pernlit fee. Councilmember Malone asked ifMr. Nixon could start construction if the pennit is issued and paid for. Mr. Ringwald stated he could, and if the project was not completed within the deadline, it could be immediately demolished. ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 7 . COlillcilmember Malone asked if everyone who applies for a building permit to build a house has to provide proof of financing. Mr. Ringwald stated they do not. Councilmember Malone asked why it is required in this situation. Mr. Fritsinger explained the proof of financing became a concern of the Council when Mr. Nixon indicated he planned to fund the home himself and was waiting for approval of a loan or a settlement with his insurance company. Mr. Nixon had asked for an extension on the initial order for demolition from the Court because he was working on obtaining the financing. As the process has moved through, the main issue with Staff is that the home is either rebuilt or demolished. Mr. Fritsinger indicated the control of the funding was from the standpoint that Staff has estimates from the Fire Marshal, the insurance company, and the Building Official on how much it will cost to fix the home. All ofthe estimates are in excess of the $30,000 proposed by Mr. Nixon. Staff was concerned that the money would be drawn out before the project was completed. Another concern of Staff was that the entire amount of money was to be used for the materials and not labor, which is normally the most expensive portion of a construction project. Mr. Fritsinger noted the 45-day extension would be no different than the other extensions where Mr. Nixon may come back with an uncompleted project. If this were to happen, it may be a difficult decision on the part of the COUllcil to demolish a partially completed home. Mr. Ringwald noted Mr. Wisner would also be looking for another extension because of his investment. If the home were to be demolished, Mr. Wisner would be hard pressed to regain his investment. . Mayor Probst stated he still wants to proceed as suggested ifthe Council is in agreement. He noted Staffs suggestions and approaches have been appropriate and he hoped Mr. Nixon would agree the Council has been trying to work with him. Mayor Probst indicated he wants to make it clear that if the issue comes back in 45 days, he will vote in favor of demolishing the home. Mr. Kruger stated that although he could complete the project within 30 days, he appreciates being allowed 45 days. Mr. Nixon noted the home is a two story but he is only required to have the main floor completed for it to be considered fit for occupancy. Mr. Kruger indicated he will have the entire home completed. Mayor Probst stated that as long as the home is issued a Certificate of Occupancy, the Council will be satisfied. Councilmemher Aplikowski asked ifthere is anything that could possihly stop work on the project. Mr. Kruger stated there is nothing. Councilmember Aplikowski asked about the impact of a blizzard. Mr. Kruger stated he works all winter and his cutoff on temperature is 45 degrees below zero. Councilmember Aplikowski stated she is prepared to agree with Mayor Probst's suggestion, although she would prefer the deadline be 30 days. Councilmember Keim suggested allowing until the Council meeting on November 30, 1998 for completion of the home. Councilmember Malone pointed out November 27, 1998 would be 45 days but he will go along with this suggestion and reiterated the home must be completed by this time. . MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to extend the deadline to rebuild the home at 1369 Forest Lane to November 30, 1998. If a Certificate of Occupancy is not issued by the deadline, the home will he demolished The motion carried unanimously (5-0). ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 8 . B. Resolution #98-63, Receiving Preliminary Feasibility Report, 1999 Street Improvement Project (West Round Lake Road) Mr. Fritsinger noted the City Council, at its August 31, 1998 Council meeting, adopted Resolution #98-56 authorizing the City Engineer to prepare a Feasibility Report for the 1999 Street Improvement Project. This project includes seal coating projects and tile reconstruction of West Round Lake Road, Phase II. Phase II is the segment of West Round Lake Road between the Indykiewicz property and the railroad tracks to the south. Council previously received the Feasibility Report for the reconstruction of Phase I, the north end of West Round Lake Road through the Indykiewicz property, including the West Round Lake Road/Highway 96 intersection. Mr. Fritsinger indicated Staff has had a great deal of discussion over tile last few days with Mr. Brown, the City Engineer, regarding this project. There are some philosophical issues related to the remainder of the development within the Gateway District which affect how the City may proceed with the design recommendation and these issues need to he worked out prior to asking the Council to take action on this item. Mr. Fritsinger stated Staff recommends the Council postpone conversation tonight and meet with Staff at the Worksession on October 19, 1998, to discuss how to proceed with the remainder of the development. The Feasibility Report could then he reviewed at the Octoher 26, 1998 Council . meeting. There are no significant timing issues which would he affected hy this. Mayor Probst asked for concurrence from the Council to postpone action on this issue. The Council concurred. C. Pay Estimate #6, Lametti & Sons Construction, Gateway Boulevard Mr. Greg Brown, City Engineer, noted the Gateway Business District project is substantially complete with the exception of some minor signage work and temporary paving which will be accomplished as soon as U.S. West completes splicing work in the area. BRW is currently reviewing hauling information provided by the contractor for work completed associated with soil correction on the proj ect. BR W anticipates another change order will be necessary to address some of this work. Mr. Brown recommended approval of Pay Estimate #6 for Lametti & Sons, Inc. in the amount of$130,095.64. Mayor Probst asked Mr. Stafford ifhe is satisfied with the quality ofthe work. Mr. Dwayne Stafford, Public Works Director, stated City crews have inspected and tested the sewer and water systems and everything is acceptable. Councilmember Malone asked if Staff had an idea of the scope of the possible change order. Mr. Brown stated it may be approximately $50,000. Councilmember Malone asked if the soil corrections are under the building or in the road. Mr. Brown stated the soil correction is an . extension to the material vein that was under the buildings. When the area was excavated for the sewer, a good portion ofthe material excavated was not suitable to put back into the trench and was hauled away. ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 9 . MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve Pay Estimate #6 for Lametti & Sons, Inc. of Hugo, Minnesota in the anlount of $130,095.64. The motion carried unanimously (5-0). D. Change Order #1, Sandeen Road, 1998 Street Reconstruction Mr. Brown indicated Change Order #1 includes work items associated with full milling and re- paving of Sandeen Road. The contractor performed milling on the roadway, per the contract, to prepare for the overlay and constructed approximately 300 feet of concrete curb to improve the drainage of the roadway. During this work, it became apparent that a significant portion of the remaining bituminous had been severely damaged by the associated construction truck traffic and edge milling that had been performed. In lieu of constructing extensive patching prior to the scheduled overlay, the City Engineer determined tllat the best final project for the City would include the reclamation of the remaining bituminous surfacing followed by minor grading of the existing base and paving with three inches of bituminous instead of the two-inch overlay. The Change Order reflects negotiated prices for the reclamation work and an additional quantity for the bituminous wear course at the existing contract dollar amount. Mr. Brown advised the City Engineer recommends approval of Change Order #1 thereby increasing the contract amount by $10,602.70 to a total of$689,959.39. Mayor Probst asked Mr. Stafford ifhe concurs with the recommendation. Mr. Stafford stated he . does. MOTION: Councilmember Aplikowski moved and Councilmember Keim seconded a motion to approve Change Order #l for T.A. Schifsky & Sons, Inc., North St. Paul, Minnesota in the amount of$10,602.70 increasing the contract amount to a totalof$689,959.39. The motion carried unanimously (5-0). E. Authorization to Advertise for Bids, Lift Station #3 Mr. Stafford indicated the City currently has 14 sanitary sewer lift stations. Eight of the stations were installed in the early 1960's and are of the type where pumps, valves, and the control panels are mounted inside a 1 O-foot diameter by I 0- foot high steel cylinder which sits up to 30- feet below the surface. Access to the station is provided by a 3-foot steel tube, rising from the top of the station, to 2 feet above tlle surface. Entering the station requires Confined Space Training and a Confined Space Entry Permit. Any entry also requires a stand-by person to remain on the surface in case a problem develops, such as the entering person being overcome by fumes. Mr. Stafford explained Lift Station #3 is located on Lake Johanna Boulevard west of Siems Court and is one of the eight stations described. Public Works has budgeted $60,000 to convert this station to an up-to-date type in 1998. Staff also included $60,000 in the CIP budget every other year from 1998 on, to convert the remaining seven stations. The converted lift stations will be of the submersible type. This type of station features a 6-foot to 10-foot diameter concrete . manhole with a 3-foot by 4-foot access hatch at ground level. Submersible pumps are mounted in the manhole on tracks which allow the pumps to be hoisted to the surface for maintenance and repair. Control panels are also at the surface, mounted on a cabinet, eliminating the need for dehumidifiers, sump pumps and most confined space entries. ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 10 . Mr. Stafford advised Staff recommends the City Council authorize the City Engineer to seek bids for the upgrade of Lift Station #3 at an estimated cost $60,000. MOTION: Councilmember Malone moved and Councilmember Keim seconded a motion to authorize the City Engineer to seek bids for the upgrade of Lift Station #3 at an estimated cost of$60,000. The motion carried Ul1animously (5-0). F. Pay Estimate #1,1998 Sanitary Sewer Rehabilitation Project Mr. Brown noted the City awarded Infrastructure Technologies, Inc. of Brooklyn Park, Minnesota the 1998 Sanitary Sewer Rehabilitation Project on July 13, 1998. The contractor has completed the majority of the sewer main cleaning and 50% of the joint testing and sealing. In addition, the contractor has lined 270 feet of pipe and has completed the manhole lining. The remaining spot repairs are scheduled for the week of October 12, 1998. Testing and sealing of the lO-inch Composite Site sewer main is being postponed until the site conditions dry up or the ground freezes to enable equipment access. Mr. Brown recommended approval of Pay Estimate #1 for Infrastructure Technologies, Inc., Brooklyn Park, Minnesota in the amount of $62,373.01. Mr. Stafford stated his support for lining the corrugated metal pipe with a plastic liner as there was no way of determining how long the metal pipe would last. There are two manholes being rebuilt, one located at the end of the corrugated metal pipe, the other on Stowe Avenue and New Brighten Road. The manhole at Stowe Avenue had a forced main which dumped into the gravity . system. When this occurs, the turbulence causes gases to be produced which eat away most of the manhole. To repair it, the crew poured a new four inch concrete manhole within the existing one. A coating was then sprayed on the manhole to resist the gases. The Public Works Department inspected the project, were impressed, and felt Staff was on the right track. Councilmember Larson asked Mr. Brown where the project is in tenns of the entire bid amount. Mr. Brown stated since this is a rehabilitation project, Staff can keep an eye on the project and stop testing and sealing when close to budget. With the exception of the small lines, the project has been running under the cost estimate. MOTION: Councilmember Keim moved and Councilmember Aplikowski seconded a motion to approve Pay Estimate #1, Infrastructure Technologies, Inc., Brooklyn Park, Minnesota in the amount of$62,373.01. The motion carried unanimously (5-0). Mayor Probst suggested reversing Items G and H since the petitioners for Item H are present and waiting to present their case. H. Trailer Parking Request Mr. Ringwald indicated Mr. and Mrs. Costello would like to request permission to park a semi- trailer on their property located in an R-2 single and two-family residential district at 3159 Shoreline Lane for approximately one month. The Costello's have purchased a new home, . however, they will not be able to move into the new home until mid-November. They have sold the home at 3159 Shoreline Lane to their son who must move into the house on October 24, 1998. Both families plan to live in the home for one month, during which time the applicant would like to store some of their belongings in the moving van in the driveway of the home. ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 II . Mr. Ringwald noted the map provided in the agenda packet shows the location of the home and long driveway which is isolated and well screened. The petitioners have looked at other options but this seemed to be the most reasonable alternative. Mr. Ringwald advised Staff recommends approval of the request to place a semi-trailer at 3159 Shoreline Lane between Wednesday, October 21, 1998 and Monday, November 16, 1998, in either of the proposed locations, based on the "Findings" section of the Staffreport dated October 13, 1998. Mr. Costello expressed his appreciation to Staff for their work investigating the situation and believe they have come up with a sound solution. He hopes the Council will find this option acceptable. Mayor Probst asked the petitioner to address the other options he looked into. Mr. Costello indicated they could have taken the truck to his son's current house, but it would have been a worse situation because it would have to be parked in the street. Additionally, they looked into having a moving company store tlleir belongings but found this option would be too expensive. He explained he is able to rent the moving van for $100 per month, plus $50 for each trip. With this option, they can move the furniture one time and prevent the risk of damage due to unloading and reloading numerous times. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a . motion to approve the request to place a semi-trailer at 3159 Shoreline Lane, between Wednesday, October 21, 1998 and Monday, November 16, 1998, in either of the proposed locations, based on the "Findings" section of the Staff report dated October 13, 1998. Councilmember Malone noted although he is willing to vote in favor of the request, he would have preferred another option be used. He indicated he has been in the same situation himself and chose to store is belongings. He asked if the delay in moving into the new home is due to construction. Mr. Costello stated this is correct and the purchase agreement indicated the home would be available to move in on October 30, 1998 but jt was unavoidably delayed. Councilmember Malone asked ifthe closing date for Mr. Costello's son was moved up. Mr. Costello stated the closing date was set according to the original date he was given for moving into the new home. The plan was to have the first closing at 9:00 a.m. and the second at 10:00 a.m. on October 30, 1998. Councilmember Malone stated he wants to establish grounds that this is an unusual situation. The motion carried unanimously (5-0). G. New City Hall Design Services and Fees Mr. Fritsinger noted the Council is requested to consider action on two items related to the . design of the City Hall. First, Architectural Alliance has requested consideration of an adjustment in its fees for the design of City Hall to $162,500. Second, the Council is asked to consider the appointment of Architectural Alliance as the provider for professional design services for fUl11ishings at the new City Hall. The original design fee agreed upon between the architect and the City was based on the design of an approximate 10,000 square foot City Hall ARDEN HILLS CITY COUNCIL - OCTOBER 13,1998 12 . which has been increased to 15,000 square feet. This initial fee of$99,800, also assumed a construction budget of$1,120,000. This fee did not include furnishing design. The budget for the furnishings had originally been set at $300,000 but with the refinement ofthe project the cost will be closer to $150,000 or less. Mr. Fritsinger advised that Staffrecommends the Council adjust the design fee for architectural services to $162,500, and direct the City Administrator to prepare and execute the necessary amendments to the contract with Architectural Alliance. Staff further recommends the Council approve Architectural Alliance as tile provider of furnishings design services for the new City Hall, and direct Staff to amend the current agreement with the Alliance to provide these services at a cost not to exceed 55,000 for Phase I, and 15% ofthe budget for Phase II design work. Councilmember Malone asked how they managed to get $300,000 out of the constmction budget. Mr. Fritsinger stated the direction given the designers is that Staff wants the project to be at approximately this dollar amount. Mayor Probst stated he, COUl1cilmember Aplikowski, and Mr. Fritsinger met with Mr. Vesterholt of Architectural Alliance and identified that they could propose some modifications to what was included in the previous estimate. Mr. Vesterholt indicated they are comfortable they can complete the project within the established range. Councilmember Larson noted that, with a project such as this one which increases in value, he . would assume, within the architectural service business, the fee added on for the additional square footage would be lees than the original fee. He acknowledged they did come down three tenths of one percentage and asked if this is standard. Mayor Probst indicated the initial proposal for the fees was well above this. He has had conversations with Mr. Vesterholt regarding the direction of where the fees will go and the nunlbers are reasonable. Councilmember Aplikowski noted she was concerned at first that the cost was too high. Upon reviewing the changes, although she is still concerned the total amount is too high, she recognizes that all increase would be appropriate. MOTION: Councilmember Aplikowski moved and Councilmember Keim seconded a motion to adj ust the design fee for architectural services to $162,500, and direct the City Administrator to prepare and execute the necessary amendments to the contract with Architectural Alliance; to approve Architectural Alliance as the provider of furnishings design services for the new City Hall; and direct Staff to amend the current agreement with the Architectural Alliance to provide these services at a cost not to exceed $5,000 for Phase I, and 15% of the budget for Phase II design work. The motion carried unanimously (5-0). ADMINISTRATIVE COMMENTS Mr. Fritsinger asked Mr. Brown to give the Council an update on the status ofthe 1998 street . improvements. Mr. Brown stated all that is left to do is the wear course on the three streets. Fairview Avenue is being sodded and should be complete today. The other two trails are ready to be paved and this work should start tomorrow. All driveways are complete but there is still some clean up work to be done. ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 13 . Councilmember Malone asked ifit's too late in the year to complete the project due to temperature. Mr. Brown stated the temperature is not a problem. Mr. Fritsinger indicated a questionnaire was included in the non-agenda items from the A V consultants. He indicated he has received comments back from Councilmember Malone and would need the comments from the rest ofthe Council prior to the meeting next week. Mr. Fritsinger stated Staff is targeting January 23, 1999 as the date for the town hall meeting. He asked for concerns on this date, as it is the only date available in January. There were no concerns. Mr. Fritsinger stated Media One has started work on the upgrade of the cable system. The work started in Shoreview and they are working their way into Arden Hills. Amplifier boxes are being constructed which will be approximately nine feet long by four feet high, not the small pedestal type normally seen in people's yards. Media One is planning to place nine of these boxes in Arden Hills. If the Council wants to see what theses boxes look like, one is in place in Shoreview on the south side of Highway 96, east of Victoria Boulevard. Mr. Fritsinger reported Mr. Stafford met with Media One to determine the location of these boxes. Staff does not want the boxes to be installed on property corners in the right-of-way since some of the right-of-ways do not have enough room. Media One has provided Staff with a map showing the proposed locations of the boxes and they have made a reasonable attempt to locate . them in different spots which are not in plain view. Mr. Fritsinger noted Staff needs to work on the right-of-way ordnance since the City is currently not allowed a great deal of input on how these type of installations are to take place. He indicated Mr. Stafford felt comfortable with how the boxes would fit into the community. However, concerns may be brought up to the Council from residents as the boxes are installed. COUNCIL COMMENTS Councilmember Larson asked regarding the questionnaire and if Electronic Interiors had one intended for new construction rather than renovation. Mr. Fritsinger indicated, if the word "renovation" was replaced with "new construction," the questionnaire would still read the same. Councilmember Larson expressed he is pleased to see the report from NSP indicating they intend to leave the power line being replaced underground. He suggested the City send a letter of appreciation to NSP for their reconsideration. Mayor Probst stated once the plan is confirmed, the City will take this action. Councilmember Malone reported the AMM has come to a conclusion on what to suggest to the Legislature in the appointed vs. elected officials debate. The AMM has determined there are three choices. One would be to continue the appointment process. Second would be a combined appointed and elected process in which the appointed board would do the planning functions and the elected board would run the operation. The third option would be to switch entirely to an . election process. The issue was debated and the AMM expressed concern about developers trying to influence the elections and the lack of representation. The AMM has determined the terms should be fixed and staggered and it appears the option of an election process will go through the Legislature. ARDEN HILLS CITY COUNCIL - OCTOBER 13, 1998 14 . Regarding the City's E-mail address, Councilmember Malone stated the extensions of .com and .net are commercial entities, the addresses ending in .gov are governmental. It has been found that Mr. Wilson has registered the City's address to himself, leaving off the "CI" in the address. Councilmember Malone indicated he feels this is unethical, close to being fraudulent, and Staff is aware ofthis issue. Councilmember Aplikowski asked if the results of the water testing will be al111ounced. Mr. Stafford stated he will be certain to inform the Council of the results. He pointed out his department did not get the usual response to the request this year and Staff decided to ask the Council to participate. Councilmember Malone asked if the containers they were given were clean. Mr. Stafford stated they should have been. Councilmember Malone indicated when he opened his container there was an odor and it was wet. AD.JOlJRN MOTION: Councilmember Malone moved and Councilmember Keim seconded a motion to adjourn the meeting at 9:20 p.m. The motion carried unanimously (5-0). ~tf/~ Brian Fritsinger . City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, October 26, 1998 at 7:30 p.m. at the Arden Hills Council Chambers. . ~