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HomeMy WebLinkAbout08-13-2014 Council MinutesMINUTES CANADIAN DAYS MINUTES OF THE REGULAR MEETING CITY COUNCIL LITTLE CANADA, MINNESOTA AUGUST 13, 2014 Pursuant to due call and notice thereof a regular meeting of the City Council of Little Canada, Minnesota was convened on the 13th day of August, 2014 in the Council Chambers of the City Center located at 515 Little Canada Road in said City. Acting Mayor Rick Montour called the meeting to order at 7:30 p.m. and the following members of the City Council were present at roll call: CITY COUNCIL: ABSENT: ALSO PRESENT: Acting Mayor Council Member Council Member Council Member Mayor City Administrator City Planner City Engineer Cable TV Producer City Clerk Mr. Rick Montour Ms. Shelly Boss Mr. John Keis Mr. Michael McGraw Mr. Bill Blesener Mr. Joel R. Hanson Mr. Steve Grittman Mr. Lee Elfering Mr. Kevin Helander Ms. Kathy Glanzer McGraw introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-194 — APPROVING THE MINUTES OF THE JULY 23, 2014 REGULAR COUNCIL MEETING AS SUBMITTED The foregoing resolution was duly seconded by Boss. Ayes (4). Nays (0). Resolution declared adopted. Montour thanked the Canadian Days Committee for the wonderful celebration this year. He also thanked the Little Canada Recreation Association and the Little Canada Fire Department for their participation in the event. The City Administrator thanked the City's elected officials and City staff for their help with the 5K Race. The Administrator gave a special thanks to Lisa Krieger for her had work in coordinating this event. MINUTES CITY COUNCIL AUGUST 13, 2014 AUGUST 18"' COUNCIL MEETING RAILROAD SAFETY ISSUES PUD PERMIT - 56 LITTLE CANADA ROAD — THOMAS HOMES The City Administrator reminded the general public that the next City Council meeting has been rescheduled to Monday, August 18, 2014 at 7:30 p.m. The City Administrator reported that Governor Dayton hosted a meeting at Little Canada City Center to discuss the issue of railroad safety. The Administrator reported that Acting Mayor Montour represented the City well and passed on the City's concern on this issue. The Administrator noted that while the Federal Railroad Administration governs railroads, the Governor is bringing communities and organizations together to present a coordinated effort in addressing railroad safety. Montour pointed out that quality of life issues relative to noise were discussed, but railroad safety was the primary topic. The Governor will be coordinating additional discussions of these issues across the State. Montour opened the continued Public Hearing to consider approval of a Planned Unit Development (PUD) Permit to allow a three -unit residential development at 56 Little Canada Road East requested by Thomas Homes. It was noted that the Planning Commission recommended denial of the PUD Permit. The City Planner noted that this request for PUD Permit has been on a couple of the Council's agenda's and was most recently tabled to tonight's meeting to give the Council the opportunity to review and consider information that was submitted by the applicant just prior to the previous meeting. The Planner noted that the original request was for a three -unit residential building and that request was then modified to a two -unit residential house with carriage units over the garage space. The Planner indicated that based on the discussion that occurred at the last meeting, the applicant has indicated that he is now modifying his proposal and will be developing a single-family home on the property. The Planner noted that given the applicant will be replacing the existing single-family home, there is no PUD Permit requirement. The applicant will have to meet all building and zoning requirements for the single-family home, however. The Planner noted his August 8, 2014 report that recommends denial of the PUD Permit for multi -family residential based on the findings outlined in that report. Tom McManus, Thomas Homes, appeared before the Council and indicated that he has discussed the recommendation for denial with the City Planner. McManus reported that his company has a lot of money into this property and indicated that the market for single-family in this area will be difficult. He pointed out that there is other multi -family housing in 2 MINUTES CITY COUNCIL AUGUST 13, 2014 the area, and noted that the single-family home to be developed by Thomas Homes will be the only single-family home of any significance in the area. There was no one else from the general public wishing to comment on this matter. Upon motion by Boss, seconded by Keis, the public hearing was closed. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-145 — DENYING THE PLANNED UNIT DEVELOPMENT (PUD) PERMIT TO ALLOW MULTI -FAMILY RESIDENTIAL DEVELOPMENT AT 56 LITTLE CANADA ROAD EAST BASED ON THE FINDINGS AS OUTLINED IN THE CITY PLANNER'S AUGUST 8, 2014 REPORT The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. QUIET Dave McKenzie, SEH, appeared before the Council to present a status ZONE update on the Quiet Zone Study. McKenzie noted that the City has six STUDY public grade crossings and that there are approximately eight trains through Little Canada each day although this number appears to be increasing. He then reviewed the steps necessary to obtain a Quiet Zone designation, which once that designation is in place, train whistles will not be routinely sounded within City limits. McKenzie noted that the first five steps in the process have been completed, and the City is at the point where it will submit a Notice of Intent to Create a Quiet Zone to the CP Railroad and MN DOT. These two agencies will then have the opportunity to comment on the supplemental safety measures (SSM) that the City is proposing at the railroad crossings. He noted that the remaining steps will be undertaken in a parallel manner and it is projected that the process can be completed within a year with establishment of the Quiet Zone in the Fall of 2015. McKenzie noted that the Cities of Little Canada and Shoreview have received State bonding dollars for railroad crossing improvements, but noted that there are specific requirements that must be met relative to State bonding dollars. McKenzie reported that work is being done to address these various requirements and it is hoped that these issues will be worked through. The issues to be resolved include the fact that County Road B is a Ramsey County roadway, some of the signal equipment will be on CP MINUTES CITY COUNCIL AUGUST 13, 2014 property, a use agreement will need to be entered into with CP to maintain the signals, and approval of the final design for the roadway improvements is necessary. McKenzie then reviewed a chart outlining the risk index by crossing in the City, noting that based on the average risk assessment, center medians are not needed at any of the crossings. He pointed out, however, that the national risk index for the Woodlyn crossing is slightly higher than the study's index level. Should the national risk index change, that could impact the need for medians at that crossing. McKenzie also noted that the option of closing the Woodlyn crossing is being explored. In meeting with property owners in this area, the consensus of the property owners was to not close off Woodlyn Avenue. The City Administrator reported that meetings have been held with all the property owners in this area, except for the McGough property. While some of the property owners initially thought closing the road might make sense, the consensus was to keep the existing crossing. The Administrator felt this issue merited more study and analysis, and indicated that that can be done as the Quiet Zone process moves forward. The Administrator also noted that MN DOT felt that closing Woodlyn Avenue made sense, but noted that the way the bonding legislation is written, there is little flexibility in the way the bonding dollars can be spent. The Administrator indicated that he asked MN DOT if Woodlyn is closed, if the dollars that would have been used for crossing improvements at that location could be used for road improvement instead. It appears that would not be an option based on the legislation. The Administrator indicated that the City may need to seek some additional legislation to provide more flexibility in the use of these dollars. Montour asked if the County would participate in the cost of crossing improvements on their roads. The Administrator indicated that based on the County's policies, he did not believe there would be County participation. McKenzie noted that the budget estimate for improvements at each crossing is $250,000. However, actual costs could range from $200,000 to $275,000 per crossing. A double gated system at Woodlyn could cost up to $400,000. Montour noted that Shoreview has already declared Quiet Zones at their Lexington and Victoria crossings. McKenzie replied that that is correct, but noted that signals were already in place at Lexington and only some median and signage work was required. Victoria was already under reconstruction. Shoreview has two additional crossings that will require major improvements in order to declare Quiet Zones. 4 MINUTES CITY COUNCIL AUGUST 13, 2014 CONSENT AGENDA McKenzie then reviewed the projected schedule which proposed the establishment of the Quiet Zone in the Fall of 2015. Montour asked if the updated Quiet Zone Study is on the City's web site. The City Administrator indicated that the study is not yet in final form, and will be put on the web site once it is. McKenzie noted that the Notice of Intent for Quiet Zone will be filed even though a final decision has not been made on SSMs. The Administrator indicated that ideally no medians would be installed at the railroad crossings especially considering we are short of full funding. However, further evaluation is being done. The Council will be kept updated as the process proceeds. Boss introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-146 - APPROVING THE CONSENT AGENDA WHICH CONTAINS THE FOLLOWING: *APPROVING THE VOUCHERS; *AUTHORIZING MEMBERSHIP IN THE 4M FUND; *APPROVINGA TWELVE-MONTH EXTENSION OF CONDITIONAL USE PERMIT CONDITIONS FOR 427 VIKING DRIVE EAST -JOHN O'BRIEN; *APPROVING PARTIAL PAY REQUEST FOR FPI PAVING FOR LITTLE CANADA ROAD IMPROVEMENT; *APPROVING FIRE DEPARTMENT CONTRACT RENEWAL AND AUTHORIZING THE ACTING MAYOR AND CITY ADMINISTRATOR TO EXECUTE ON BEHALF OF THE CITY; *ADOPTING AN ORDINANCE RENAMING FIRST BANK DRIVE TO MILLSTONE ROAD The foregoing resolution was duly seconded by Montour. Ayes (4). Nays (0). Resolution declared adopted. 5 MINUTES CITY COUNCIL AUGUST 13, 2014 AWARD QUOTES FOR PW -PARKS BUILDING PROJECT The City Administrator reported that Troy Corbett, James Steele Construction, is requesting that the low quote for 19 contract components for the Public Works -Parks Maintenance Building project be awarded. Each of these components is under $100,000, therefore, comply with statutory requirements relative to the ability to obtain quotes for the improvements rather than utilize the formal bidding process. Those 19 components include the following: Asphalt Paving Site Concrete Fencing Steel Erection Carpentry, Stainless Base Architectural Millwork Waterproofing Doors and Hardware Aluminum Entrance & Glass Steel Framing and Drywall 'T'ile Acoustical Ceilings Carpet and Vinyl Base Painting Partitions, Acc, Lockers, Signs FE Floor Mats Window Treatments Pre-engineered Building Fire Sprinklers The Administrator reported that quotes have been obtained for two additional components. Those are Testing Services with the low quote received from American Engineering & Testing in the amount of $12,018.90 and Construction Staking with the low quote from Sunde Engineering in the amount of $6,730. He recommended approval of these low quotes as well. Keis asked if the low quotes are in line with budget estimates. The Administrator replied that that was his understanding. He also noted that the Construction Manager has been doing value engineering on these various project components, thus the change in spec relative to fencing. McGraw introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-146 — AWARDING THE LOW QUOTES FOR THE LITTLE CANADA MAINTENANCE BUILDING AS OUTLINED IN THE CONSTRUCTION MANAGER REPORT DATED 6 MINUTES CITY COUNCIL AUGUST 13, 2014 AUGUST 4, 2014 AS WELL AS THE TWO ADDITIONAL COMPONENTS FOR TESTING SERVICES AND CONSTRUCTION STAKING AS NOTED BY THE CITY ADMINISTRATOR The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. McGraw asked that the Construction Manager put together a budget update for the project reflecting the bid/quote award amounts so that the Council can review how project costs are tracking. MN DEPT. OF The City Administrator reviewed his August 8, 2014 report relative to a REVENUE settlement agreement arrived at with the MN Department of Revenue on SETTLEMENT the issue of Solid Waste Management Tax. He reported that initially the AGREEMENT Department of Revenue claimed the City owed $29,600.43 in solid waste management tax related to the City's billing of refuse service pursuant to the Organized Collection Contract. The Department of Revenue claimed that since the City is billing for the service they are the provider of the service. As the provider, the City must itemize the charges so charges associated with tax exempt services (recycling) are evident. Given the City's bills only indicated a total monthly charge, the Department of Revenue was effectively claiming that tax was due on recycling which is tax exempt. The City provided substantial documentation showing the portion of the monthly charge associated with recycling which is tax exempt, thus proving that the State had been paid all the tax it was entitled to for refuse services. The City has since changed its billing methods to break out the tax-exempt recycling charges. The Administrator also pointed out that the City did have one area of exposure related to its recycling fee. Given that not all the City's time is associated with overseeing/managing the refuse accounts a portion of this fee is taxable. Therefore, a settlement of $2,580 was reached with the Department of Revenue. That amount reflects a proration of the recycling fee between the taxable and tax exempt service elements. The City Administrator recommended approval of the Solid Waste Management Tax Settlement Agreement as presented. Keis introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-147 — APPROVING THE SOLID WASTE MANAGEMENT TAX SETTLEMENT AGREEMENT WITH THE MINNESOTA DEPARTMENT OF REVENUE AND AUTHORIZING 7 MINUTES CITY COUNCIL AUGUST 13, 2014 THE ACTING MAYOR AND CITY ADMINISTRATOR TO EXECUTE ON BEHALF OF THE CITY The foregoing resolution was duly seconded by McGraw. Ayes (4). Nays (0). Resolution declared adopted. CITY CENTER The City Engineer reviewed his report dated August 8, 2014 relative SIDEWALK to concrete work at the City Center. He noted that there are various options for replacing the walk areas which include standard color or colored concrete and/or stamped concrete. The Engineer reported that the City did obtain bids for this work, but given the numerous options that were bid as well as the short bidding timeframe, only one bid was received. The Engineer suggested that the Council provide some direction on project elements so that more competitive bids can be obtained for the completion of this work yet this fall. With regard to the project elements, the City Engineer stated that he did not recommend stamped concrete as given these walk areas will be heavily salted during the winter months, stamped concrete is subject to faster deterioration. The Engineer also pointed out the fact that colored concrete is subject to fading. The Council discussed the various project elements and the direction to the City Engineer was to obtain bids on standard concrete color for the entire walkway area as well as an option for a colored concrete border with the main portion of the walkway to be standard color. 331 LITTLE The City Administrator reported that the City has had in the budget the CANADA possible future acquisition of the property at 331 Little Canada Road, ROAD which is the house adjacent to the Little Canada Fire Department. The property owner has expressed an interest in selling the property at this time. The City has had an appraisal done on the property and the appraised amount came in slightly lower than the County's estimated market value. The Administrator asked if the Council wished staff to draft a purchase agreement for this property. The property owner has indicated that she would like to know if the City was serious in making the acquisition at this time as she is pursuing the purchase of another property. The City Administrator noted that the sale of the property would be a voluntary sale if and when the property owner wishes to sell to the City. 8 MINUTES CITY COUNCIL AUGUST 13, 2014 CENTERVILLE ROAD STORM SEWER PROJECT Montour noted that the Fire Department has approached the City several times over the years about the acquisition of this property for future expansion of their parking lot. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-148 —AUTHORIZING CITY STAFF TO PREPARE A PURCHASE AGREEMENT FOR 331 LITTLE CANADA ROAD FOR THE VOLUNTARY SALE OF THAT PROPERTY TO THE CITY The foregoing resolution was duly seconded by Boss. Ayes (4). Nays (0). Resolution declared adopted. The City Engineer reviewed his report dated August 8, 2014 requesting approval of plans and authorization to advertise for bids for the installation of a storm sewer line down Centerville Road right-of-way to approximately Gervais Creek. The purpose of this line is to redirect storm water from the new Public Works site away from Pioneer Park to help alleviate flooding issues in and around the Park. The improvement will also accommodate the storm water from the future improvement of Centerville Road. City staff would be asking that the County participate in the cost of this project at the time that Centerville Road is improved and the line is utilized for street storm water. The City Administrator noted that this is an example of intergovernmental cooperation. He pointed out that the City could just run the water from the Public Works site into Pioneer Park, but felt it was more cost effective running a line down Centerville Road which will in the future be utilized as part of the improvement of that street. Montour asked about the drainage from the property just north of the new Public Works site. The City Engineer pointed out that the Public Works property is the high point along Centerville Road. Everything to the north drains to Pioneer Park. Everything south of the new site flows to the south. Boss introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-149 — APPROVING PLANS AND SPECIFICATIONS FOR CENTERVILLE ROAD STORM PIPE AS SUBMITTED BY THE CITY ENGINEER AND AUTHORIZING THE ADVERTISING FOR BID FOR THIS PROJECT 9 MINUTES CITY COUNCIL AUGUST 13, 2014 REMEDIAL INVESTIGATION AWARD - PW -PARKS BUILDING PROJECT The foregoing resolution was duly seconded by Keis. Ayes (4). Nays (0). Resolution declared adopted. The City Administrator indicated that if the County does not agree to participate in the cost of this project, it will likely not go forward and the drainage from the Public Works property will go toward Pioneer Park. He noted, however, that the proposed project is the best long-term solution for Centerville Road. The City Engineer reviewed his August 8, 2014 report recommending award of the low bid of AET in the amount of $19,487.90 for Remedial Investigation (RI) at the Public Works site. The Engineer noted that some contamination issues were discovered during the original geotechnical investigation that was done on this property. American Engineering Testing (AET) was hired to do both a Phase I and Phase II report along with a Response Action Plan (RAP) for dealing with any contamination that was exposed during construction. These reports and the RAP were submitted to the MN Pollution Control Agency (MPCA) who is now requiring that an RI be done. This will involve the installation of five monitoring wells on the site, four at the perimeter and one as close to the building as possible. The wells will be monitored for ten months, and maybe longer depending on the monitoring reports. The Engineer noted that the City will be reimbursed 90% of the cost from the State Petro Fund for these costs. Montour asked if the 10% of costs that the City incurs will be allocated toward project costs. The Administrator replied that they would. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-150 — AWARDING THE BID OF AET FOR REMEDIAL INVESTIGATION AT THE PUBLIC WORKS SITE IN THE AMOUNT OF $19,487.90 AS RECOMMENDED BY THE CITY ENGINEER The foregoing resolution was duly seconded by Keis. Ayes (4). Nays (0). Resolution declared adopted. 10 MINUTES CITY COUNCIL AUGUST 13, 2014 NO OVERNIGHT PARKING - ONTARIO ROAD The City Administrator reviewed the Public Works Superintendent's report dated August 7, 2014 recommending approval of the posting of no overnight parking on Ontario Road from 12 a.m. to 6 a.m. on a year round basis. The Administrator reported that the apartment complexes on the north side of County Road D have changed their parking policies requiring parking stickers and renters are only allowed to have two stickers per unit. There is little to no visitor parking available. The result is that apartment visitors and those with more than two vehicles are parking on streets south of County Road D in Little Canada. Staff has received numerous complaints about this issue. A survey was done of the ten property owners on Ontario Road just south of County Road D. Six have indicated that they are in favor of the posting of no overnight parking on the street. Four residents did not replay and one of the residents routinely parks on the street. The Administrator indicated that the recommendation is to try this posting on a trial basis. He also noted that should it be successful, staff may propose similar postings on Aspen Circle and Stoneridge Court, as they are experiencing a similar problem. Keis pointed out that there are areas in St. Paul where the City issues parking permit to residents. The City Administrator indicated that this is something that staff could check into. McGraw felt that the posting of the street was easier for the Sheriff to enforce than parking permits. McGraw suggested that perhaps the time period for no parking should be earlier as people walking back and forth to move cars at midnight could be disruptive to Little Canada property owners. Keis asked about times when property owners need on -street parking for a party or event. The City Administrator pointed out that the City has a parking permit process that can be used to accommodate the need for periodic on -street parking. McGraw indicated that the Ontario property owners should be informed of the parking permit process as well as asked for their input once the street is posted to determine if the problem is being addressed. Montour introduced the following resolution and moved its adoption: RESOLUTION NO. 2014-8-151—AUTHORIZING CITY STAFF TO POST ONTARIO ROAD FROM COUNTY ROAD D TO THE CUL-DE- SAC AS NO PARKING FROM 12 MIDNIGHT TO 6 A.M. AS RECOMMENDED BY THE PUBLIC WORKS SUPERINTENDENT The foregoing resolution was duly seconded by Boss. Ayes (4). Nays (0). Resolution declared adopted. 11 MINUTES CITY COUNCIL AUGUST 13, 2014 ADJOURN There being no further business, the meeting -was adjourned at 8:40 p.m. Rick Montour, Acting Mayor Attest: i -* 7C Joel Ijanson, City Administrator 12