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.
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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
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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
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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.
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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.
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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
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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
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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.
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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
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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.
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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.
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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
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