HomeMy WebLinkAboutCC MINUTES 03102009I CITY OF ST. ANTHONY
2 CITY COUNCIL REGULAR MEETING MINUTES
3 MARCH 10, 2009
4
5 CALL TO ORDER.
6
7 Mayor Pro Tern Stille called the meeting to order at 7:00 p.m.
8
9 PLEDGE OF ALLEGIANCE.
10
11 Mayor Pro Tern Stille invited the Council and audience to join him in the Pledge of Allegiance.
12
13 ROLL CALL.
14
15 Present: Mayor Pro Tern Stille; Councilmembers Gray, Roth, and Thuesen
16 Absent: Mayor Faust
17 Also Present: City Manager Mike Mornson, Public Works Director Jay Hartman, Fire Chief John
18 Malenick, and City Attorney Jerome Gilligan.
19
20
21 CONSIDERATION, DISCUSSION, AND POSSIBLE ACTION ON ALL OF THE FOLLOWING
22 ITEMS.
23
24 1. APPROVAL OF MARCH 10, 2009 CITY COUNCIL MEETING AGENDA.
25
26 Motion by Councilmember Roth, seconded by Councilmember Thuesen, to approve the City
27 Council Meeting Agenda of March 10, 2009.
28
29 Motion carried unanimously.
30
31 1I. PROCLAMATIONS AND RECOGNITIONS.
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33 None.
34
35 III. CONSENT AGENDA.
36
37 A. Consider February 24, 2009 Council meeting minutes.
38 B. Consider licenses and hermits.
39 C. Consider payment of claims.
40 D. Resolution 09 -029; Accepting a Donation from MWMO for the Water —Reuse Project.
41
42 Motion by Councilmember Thuesen, seconded by Councilmember Gray, to approve the Consent
43 Agenda items.
44
45 Motion carried unanimously.
46
47 IV. PUBLIC HEARING.
48
49 None.
City Council Regular Meeting Minutes
March 10, 2009
Page 2
V. GENERAL. BUSINESS OF COUNCIL.
A. Resolution 09 -030; Awarding the Bid for Emerald Park. Jean Garbarini, Close
Landscape presenting,
7 Ms. Jean Garbarini, Close Landscape Architecture, provided a brief history of the Emerald Park
8 Project and a review of the final plan included in the bid request on the project. The project was
9 bid with the splash deck as an alternate to be included in the project. Ms. Garbarini provided an
10 overview of the bid opening held on March 4, 2009. Low bidder on the project was Ebert
11 Construction in the amount of $828,000.00 without the splash deck and $1,024,600.00 with the
12 splash deck.
13
14 Councilmember Roth inquired about the life expectancy of the splash deck. Ms. Garbarini
15 replied that splash decks are fairly new site amenities that have not been around for longer than
16 10 to 12 years. It would be expected that the components above grade would have a 25 year life
17 cycle; the mechanical system with the building and components that are below grade would last
18 longer.
19
20 Mayor Pro Tem Stille requested information regarding the contingency line item. Ms. Garbarini
21 explained that one thing the contingency could potentially be used for is earth work due to soil
22 conditions. The contingency is not part of the general contractor's lump sum contract; it is held
23 out in case there is something unexpected. The contingency would come out of a change order to
24 the general contractor's contract.
25
26 Councilmember Roth inquired about warranties that would be included in the construction of the
27 splash deck. Ms. Garbarini provided information regarding the types of warranties that would
28 generally be included with splash decks. She indicated specific information on the warranties can
29 be provided to Council.
30
31 Councilmember Roth questioned what would be involved with a failure of the splash deck. Ms.
32 Garbarini replied typically failure is seen in the above ground features of a splash deck, which
33 could involve vandalism or cracking. These pieces can easily be replaced. If the splash deck
34 receives poor maintenance there could be failure associated with frost in the winter, which would
35 involve replacing the piping underground. She indicated she has not seen a pump fail yet, but
36 splash decks have not been around for very long. The things exposed to the elements would
37 likely be the first to fail. There are only three above grade features in this project and several
38 surface mounted nozzles, so there are not many things that could fail due to climate issues. She
39 indicated that both stainless steel and fiber reinforced plastic piping were approved in the specs.
40 Further discussion would be needed with the contractor about the piping that was specified in the
41 contract.
42
43 Councilmember Roth stated at the open house in December there was quite a bit of discussion
44 around the materials that would be used on the building. He inquired what the final
45 determination was regarding building materials on the roof, flooring and outer exterior. Ms.
46 Garbarini provided an overview of the materials included in the project.
City Council Regular Meeting Minutes
March 10, 2009
Page 3
2 Councilmember Roth inquired about the drainage requirements included in the project. Ms.
3 Garbarini explained the drainage requirements come from the Rice Creek Watershed District
4 (RCWD).
6 Councilmember Roth inquired about the cost increase due to the RCWD drainage requirements.
7 Ms. Garbarini replied that she requested the apparent low bid contractor to forward some of
8 those numbers to her, but due to the project being bid as a lump sum and bid to the general
9 through specification sections it is hard to pull things like this out. In this bidding climate she
10 would have expected numbers to come in a little lower, and she would expect that the perforated
11 pipe, geo- textile fabric and special soil being brought in brought the numbers up a bit.
12
13 Mayor Pro Tem Stille stated he is aware of a residential contractor that wanted to bid on this
14 project but withdrew primarily for reasons in relation to drainage and conditions imposed by
15 RCWD. The contractor did not feel that he was qualified to take on this project. Ms. Garbarini
16 replied there were a few plan holders that pulled out and did not submit a bid. Some of them
17 withdrew due to the number of general contractors they were bidding against, and others because
18 they were more experienced in residential construction. Commercial construction has a higher
19 square footage cost, specifically with regard to the finishes, which need to stand up to a lot of
20 abuse. She explained there are other things to consider such as the mechanical system and the
21 mechanical fixtures, and commercial grade fixtures add a lot of cost. The mechanical engineer on
22 this project was specifically concerned about getting a residential contractor that may not be
23 familiar with the requirements of this type of construction.
24
25 Mayor Pro Tern Stille requested information on the reason that the water deck was included in
26 the project and the increased use of these features by Minneapolis. Ms. Garbarini stated the
27 splash deck was initially introduced into the project at the first open house in 2005 when
28 residents talked about the wading pool that previously existed in the park. There were a lot of
29 comments from parents with kids that thought it would be great to have that kind of amenity
30 back in the park. The option of a wading pool was explored, and the splash deck was included in
31 the project, which does not require as much maintenance and is not as costly. Ms. Garbarini
32 explained that many municipalities are going towards splash deck systems because they do not
33 have to necessarily treat the water and deal with issues involved in chemical treatment. Close
34 Landscaping Architecture does a lot of work for Minneapolis Parks. Many of the parks in
35 Minneapolis have wading pools or splash decks; the new pools all include splash decks.
36
37 Ms. Stacie Kvilvang, Ehlers & Associates, provided an overview of the General Obligation (GO)
38 Abatement Portion of the $5,425,000 GO Bond Series 2009. The Abatement Portion of the GO
39 Bonds will fund improvements to Emerald Park. The remaining portion of the $5,425,000 GO
40 Bond Series 2009 will assist in the funding of the 2009 road reconstruction projects and
41 refinancing of the 2000A and 2000B bonds. Ms. Kvilvang advised that he Emerald Park
42 improvement funding will vary from $1.1 million to $1.3 million, depending on whether the
43 splash deck is included in the project. If the splash deck is not included in the project there will
44 be a 12 year term on the bond issue; if the splash deck is included there will be a 15 year term on
45 the bond issue. She advised that with or without the splash deck the debt service is identical, the
46 full $137,000 will be used each year.
City Council Regular Meeting Minutes
March 10, 2009
Page 4
2 Mr. Doug Koehntop, Park Commission Chair, stated his support of the Emerald Park
3 Improvement Project. He reported that the Park Commission recommends retaining the splash
4 deck in the improvement project and reported on benefits of the splash deck.
6 Councilmember Roth asked if the Park Commission voted unanimously to include the splash
7 deck in the improvement project. Mr. Koehntop replied the vote in favor of the splash deck was a
8 major majority. One commissioner had concern, but agrees with the fact that it can be a very
9 positive feature.
10
11 Councilmember Gray stated spending over $1 million at this time is tough, but he recognizes that
12 the park needs to be rehabilitated. The rehabilitation of the park is to the City's advantage
13 overall. Due to the way the finances have been structured the project will not increase taxes, and
14 the City is receiving a good price to do the project at this point. It makes sense to do the project
15 at this time and he is behind it. He stated his opposition to including the splash deck in the
16 project. He stated the cost is $196,000 for something that would benefit a fairly small part of the
17 City when there is a splash deck at Central Park. He pointed out that there is not a splash deck at
18 Silver Point Park, so an argument could be made against including a splash deck on the northern
19 end of the City. He stated he can think of several ways to invest $196,000 into the youth of the
20 community that could be better than a splash deck, which will only benefit a few people. He
21 understands that other communities are including splash decks, but he does not think St. Anthony
22 compares itself to other communities.
23
24 Mayor Pro Tern Stille stated he does not think St. Anthony needs to do anything because other
25 communities are doing it; he would like to do things because other communities are not doing
26 them. He stressed the vision statement of the City states things like unique environment, vibrant
27 community, and desirable city to live, work and play. The mission statement of the City states to
28 be progressive, livable, and a walkable village. He stated the City Council examines the vision
29 statement and mission statement each year. They are making sure that they reinvest in the
30 community and give children a good place to play. The City Council wants to be progressive and
31 that is what they are doing here. This park has been sitting here too long; the splash deck is
32 replacing a water feature that a Council years ago decided was worth having. He stated the
33 wading pool at this park was a great gathering place when his kids were young. He stated the
34 following reasons for his support of the project including the splash deck. The project with the
35 splash deck included came in under budget. This is a great time to invest in the community; they
36 are borrowing at extremely favorable interest rates. The park will be a draw for kids with an ultra
37 kid - friendly amenity, and will be a draw for new families to move into that neighborhood. This
38 will help with the open enrollment issue in the neighborhood. He stated in summary, he is for the
39 complete package. Going back to the City's vision and mission statements shows that they
40 should move forward with the park as proposed with the water feature.
41
42 Councilmember Thuesen stated his support of taking care of Emerald Park. He stated it is
43 overdue and is not meeting the needs of the community. It is a difficult time to spend the money,
44 but it will be money well spent. He stated if they do not include the splash deck the park will still
45 have nice walking paths, benches, very nice landscaping, new, nicer, and safer playground
46 equipment, a ball field, and hockey. So, even without the splash deck they are getting a lot of
City Council Regular Meeting Minutes
March 10, 2009
Page 5
1 bang for the buck. He stated Minneapolis has been brought up with the splash deck, which he
2 does not think is comparing apples to apples. St. Anthony parks are not like Minneapolis parks;
3 they do not serve as many residents, and serve a smaller area. He stated his position that there is
4 not enough value adding the splash deck to the project. It would be a small population
5 percentage that would be using the splash deck. There is splash deck available at Central Park,
6 which is very reachable to many residents.
7
8 Councilmember Roth stated his support of including the splash deck in the improvement project.
9 He pointed out that a comment had been made that it was now or never for the splash deck to be
10 put into the park. He stated Emerald Park sits on the north side of the City, and there is a natural
11 barrier with 37'h Avenue, the railroad tracks and a lot of industrial property for some of the
12 citizens on the north. This barrier does not exist for people on the central and south sides of the
13 City.
14
15 Councilmember Gray stated if they redo Emerald Park the City will still have three very nice
16 parks. As far as attracting people to St. Anthony, he is not sure that having a splash deck will add
17 anything. The additional $196,000 for the splash deck would benefit very few people considering
18 St. Anthony as a whole. There is a splash deck at Central Park and there are many things that
19 $200,000 could be spent on. There are youth groups that are raising money to do things like
20 refurbish the gym floor, put a curtain in the gymnasium, and get a score board for girls softball.
21 Those things have a much higher impact at a lower cost than a splash deck, and the City is not
22 funding them.
23
24 Mayor Pro Tom Stille stated they cannot carve out the $200,000 from this bond issue and spend
25 it on things like the gym; it is part of the project. They are in a unique situation with regard to
26 rates and financial structure so that the impact to the taxpayers will not be any different until
27 2022. This is a chance to do it right. He stated 37'h Avenue and the railroad tracks separate this
28 park from Central Park, which has a splash deck. As far as usage goes, he believes there will be a
29 lot of use by the residents. When his kids were young he was at this park three times per week
30 even though he lives south of 37'h.
31
32 Councilmember Thuesen stated there are valid discussions on both sides, but he feels strongly
33 that the splash deck is not necessary.
34
35 Motion by Councilmember Gray, seconded by Councilmember Thuesen, to adopt Resolution 09-
36 030; Awarding the Bid for Emerald Park Reconstruction Without the Splash Deck.
37
38 Ayes — 2, Nays — 2 (Stille and Roth). Motion failed.
39
40 Motion by Mayor Pro Tem Stille, seconded by Councilmember Roth, to adopt Resolution 09-
41 030; Awarding the Bid for Emerald Park Reconstruction With the Splash Deck.
42
43 City Manager Momson advised if the motion to award the bid for the Emerald Park
44 Reconstruction Project does not pass, his recommendation would be to postpone action on item
45 5B until the next City Council meeting, as there is a cost savings benefit of including the
City Council Regular Meeting Minutes
March 10, 2009
Page 6
Emerald Park bonds with the road reconstruction and financing bonds as presented. Bid opening
was March 5, 2009 and there are 60 days to hold the bids.
Ms. Kvilvang advised that delaying adoption of the resolution to approve the bonds by two
weeks should not be an issue. She noted there is always risk, and the market is volatile; however,
the rates should not be the deciding factor. It is more important to decide what will be included
in the project, and Ehlers & Associates will accommodate the City the best that they can.
9 Ayes — 2, Nays — 2 (Gray and Thuesen). Motion failed.
10
11 Motion by Councilmember Roth, seconded by Councilmember Thuesen, to table Resolution 09-
12 030; Awarding the Bid for Emerald Park, and Resolution 09 -031; Providing for the Sale of
13 $5,425,000 GO Bonds Series 2009 for 2009 Road Reconstruction Project, Improvements to
14 Emerald Park, and to Refinance the 2000A and 2000B Bonds, to the March 24, 2009 City
15 Council meeting.
16 Motion carried unanimously.
17
18 B. Resolution 09 -031; Providing for the Sale of $5,425,000 GO Bonds Series 2009 for 2009
19 Road construction project, improvements to Emerald Park and to refinance the 2000A
20 and 2000B Bonds. Stacie Kvilvang, Ehlers & Associates presenting -
21
22 Tabled to the March 24, 2009 City Council meeting.
23
24 C. Ordinance 09 -001; Adopting the Re- Codified City Code (final reading).
25
26 Mr. Morrison discussed the history of Ordinance 09 -001 and indicated this is the third and final
27 reading of the proposed ordinance. The re- codification will go into effect on April 1, 2009.
28
29 Motion by Councilmember Roth, seconded by Councilmember Thuesen, to approve Third and
30 Final Reading and Adopt Ordinance 09 -001, an Ordinance Adopting the Re- Codified City Code.
31
32 Motion carried unanimously.
33
34 VI. REPORTS FROM COMMISSION AND STAFF.
35
36 A. St. Anthony Fire Department Annual Report. John Malenick, Fire Chief presenting,
37
38 Fire Chief Malenick provided a PowerPoint presentation on the St. Anthony Fire Department
39 2008 Annual Report, including the following information:
40 ■ Emergency Calls
41 ■ Non Medical Calls
42 ■ Injury /Illness Summary
43 • Unit Response Time Analysis by District
44 • Dollar Loss Per Fire
45 • Fire Department Highlights of Training
46 ■ 2008 Summary of Activities Conducted by the Fire Marshal's Office
City Council Regular Meeting Minutes
March 10, 2009
Page 7
• Local Code Enforcement
• Emergency Management
Fire Chief Malenick thanked the members of the Fire Department for all they do to make St.
Anthony a great place to live and work.
Councilmember Thuesen stated his support for the code enforcement work being done by the
Fire Department. Mayor Pro Tern Stille concurred.
10 Mayor Pro Tern Stille stated it is evident that the community appreciates the work and effort of
11 the Fire Department. He noted the importance of the department's training and stated it is all
12 worthwhile when seeing the Fire Department in action. He expressed his appreciation for the
13 depth and experience of the Fire Department.
14
15 B. St. Anthony Public Works Department Annual Report. Jay Hartman, Public Works
16 Director presenting.
17
18 Public Works Director Hartman provided a PowerPoint presentation on the St. Anthony Public
19 Works Department 2008 Annual Report, including the following information:
20 ■ Public Works Department
21 ■ 2008 Public Works Departmental Accomplishments
22 o Street
23 o Parks
24 o Water /Sewer
25 o Vehicle Maintenance
26 o City Buildings
27 ■ 2009 Projects
28 ■ Beyond 2009
29
30 Councilmember Gray asked if the employees doing the snowplowing are seeing anything
31 negative from the change in the ordinance relating to street parking during the winter months.
32 Public Works Director Hartman replied he has not heard anything negative from the employees
33 on whether it makes the job more difficult. However, there may be the need to go back to a
34 number of streets to plow due to cars that were parked.
35
36 Mayor Pro Tern Stille reported on a resident that expressed appreciation of how the City keeps
37 such good rinks for such a long period of time in the winter.
38
39 Mayor Pro Tern Stille recited an email sent by Paul Allen and Maryam Peters stating their
40 appreciation for the customer service provided by Bill Johnston when water was backing up into
41 their home. He requested that Mr. Hartman pass on to Bill Johnston the appreciation of the City
42 Council for his efforts.
43
44 VII. REPORTS FROM CITY MANAGER AND COUNCIL MEMBERS.
45
46 City Manager Mornson reported on the following:
City Council Regular Meeting Minutes
March 10, 2009
Page 8
1 ■ League of Minnesota Cities Legislative Day is set for April 29, 2009.
2 • Upcoming Meetings:
3 o Joint Meeting with the Planning Commission, March 17, 2009 at 5:15 p.m.
4 o March 24, 2009 City Council Meeting agenda items include: items 5A and 5B
5 tabled from tonight's meeting; update from the City Engineer on the Arbors
6 Project; water main project; a possible presentation on the overlay of St. Anthony
7 Boulevard; junior achievement certificate presentation; and recognition of three
8 police officers for the role they played in a December 18, 2008 Swat Team
9 incident in Roseville.
10 ■ Alcohol Compliance Checks completed last week — all six establishments passed.
11 ■ Basketball Program of Sports Boosters is making improvements to Community Center
12 gymnasium at their cost, including curtain, more baskets and backboards, etc.
13 ■ A request was received from Congressman Ellison's office regarding potential earmark
14 money the City would be interested in. Staff has put together a request for sidewalks,
15 decorative lighting, signage and water quality improvements.
16
17 Councilmember reports: None.
18
19 Mayor Pro Tem Stille reported on his attendance at the March 9, 2009 Park Commission
20 meeting. The City Council goals were presented and there was discussion on the Emerald Park
21 Improvement Project.
22
23 VIII. COMMUNITY FORUM.
24
25 Mayor Pro Tem Stille invited residents to come forward at this time and address the Council on
26 items that are not on the regular agenda.
27
28 Hearing none, Mayor Pro Tem Stille moved forward with the agenda.
29
30 IX.
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34 X.
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INFORMATION AND ANNOUNCEMENTS.
None.
ADJOURNMENT.
Mayor Pro Tem Stille adjourned the meeting at 8:45 p.m.
Respectfully submitted,
Carol Hamer
TimeSaver Off Site Secretarial, Inc.
ATTEST:
City Clerk
Mayor