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HomeMy WebLinkAboutCC 01-30-1995 I I. I I I I I I I Ie I I I I I . . .e . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JANUARY 30,1995 7:30 P.M. . NEW BRIGHTON CITY HALL CALL TO ORDER/ROLL CAT T Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:32 p.m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone and Susan Keirn. Also present were: Acting Clerk! Administrator, Terry Post; Public Works Superintendent, Dan Winkel; Parks and Recreation Director, Cindy Walsh; Planning Coordinator, Brian Fritsinger; and Recording Secretary, Ruth McLaurin. ADOPT AGENDA Mayor Probst noted a revised agenda before Council, adding an item to Consent Calendar 4(f). MOTION: Hicks moved and Aplikowski seconded a motion to adopt the agenda for the January 30, 1995 City Council meeting as revised. The motion carried unanimously (5-0). APPROVAL OF COUNCIL MINUTES January 3,1995, Special Council Meeting. January 9,1995, Regular Council Meeting. Councilmember Malone had a clarification for the January 9, 1995 Meeting, page three. Councilmember Malone noted there has not yet been a determination of assessment at this point. He indicated typically, the Council would base assessments on the value provided by the improvement. As a matter of past practice, the Council has assessed half of the value of a typical residential street, not necessarily the project at hand, to the resident. Councilmember Keirn also indicated clarification, her question was: would the resident be assessed 50% of the total cost, or would the resident be assessed 50% of the reduced cost after contribution from the county for the project. I I I- I I I I I I I- I I I I I . . .- I ,ARDEN HILLS CI1Y COUNCIL - lANUARY 30. 1995 2 Councilmember Malone indicated the money received by the county is not included in the equation. Councilmember Malone indicated the assessment is based on a typical residential street, disregarding any outside funds received. Therefore the correction to the January 9, 1995 Regular Council Meeting page three, paragraph six, should read :Collncilmember Keirn questioned re~rcling the assessments to the residents. would the assessment be 50% of the total value of the illlProvement. or 50% of the value of the improvement after r"""iving: funds from the Coun1;y. Conncilmember Malone indicated outside funds are not included in the equation. and the assessment would be based on the total value of the illlProvement of which 50% is 1;y.pi""lly assessed to the resident. However no o<<"<<ments have been determined for this case. at this time. Mayor Probst noted a typographical error on page three in Resolution No. 95-06 should read Plans and Specifications. Mayor Probst indicated on page six, the first paragraph, he would like it to read: Mayor Probst indicated there are various residents or committee members who perhaps would be interested in participating as members of the Metropolitan Council committees that have vo('oncies. if anyone is aware of those who would be interested, please notify Ci1;y Hall. Mayor Probst indicated that the minutes should reflect on page seven, the paragraph six, with the added comment: The date originolly scheduled was January- 19. 1995 and was subsequently changed to January- 24. 1995. MOTION: Hicks moved and Keirn seconded a motion to approve the minutes of the January 3, 1995 special Council meeting and the January 9, 1995 regular City Council meeting as modified. The motion carried llnonimously (5-0). CONSENT CAT.RNnAR A. Approve Resolution #95.08; supporting Ramsey County Sheriff Department COPS AHEAD program grant submittal. B. Approve Resolution #95-09; Adopting City Policy for Acceptance of Gifts. C. Approve Resolution #95-10; Supporting Ramsey County Park &: Recreation Department T.H. 96 ISTEA grant application. D. Approve Resolution #95-11; Supporting NYFS CDBG application. E. Approve Resolution #95-12; City TCAAP Planning Assistance CDBG application. F. Approve list of 1995 Business License Renewals, two additional Rubbish Hauler Licenses, and Bingo License Renewal. G. Approve application to NSCC for a Municipal Access grant. H. Approve Claims and Payroll. I I .- I I I I I I I~ I I I I I I I .e . .ARDEN HIT.T -<; CITY COUNCIL - JANUARY 30. 1995 3 Councilmember Malone noted item 4(a), the application for grant funding for the COPS AHEAD program. Councilmember Malone indicated, typically grant funding is a short term funding for a long term expense, but after conferring with Staff, this grant merely pre-funds personnel changes that would be budgeted in the Sheriff's Department anyway, and he therefore supports this grant submittal. MOTION: Keim moved and Hicks seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mr. Roger Aiken, 4360 Hamline, requested to approach the Council. Mr. Aiken lives on Hamline Avenue south of the Arsenal, he is present to inform Council of a consistent drainage problem on his property. Mr. Aiken indicated this problem has occurred for the past four to five years. He indicated he did not wish to complain and not have a solution, so he therefore presented Council with a mitigation report that he drafted. Mr. Aiken briefly reviewed his report, locating his parcel and surrounding parcels. Mr. Aiken indicated construction has nearly been completed on an adjoining parcel. Mr. Aiken noted the flooding has clearly occurred since the clearing of the adjoining properties and is not due to weather or any other natural anomalies. He indicated due to the flooding he has been denied access to his own garage. He realizes the portion of his land which is flooding, is not large, but it is a important portion of his property. Mr. Aiken indicated filling the area would be appropriate to stabilize the soil and provide a more defined boundary. Mr. Aiken indicated other issues beside the flooding will come to the attention of the Council, he noted the Watershed district also has concerns of noncompliance, although he is not sure of all the details, but believes RCWD will contact the City shortly. Mr. Aiken asked the Council to consider his plight and inform him of their position after they are able to review the issues. Mayor Probst inquired if Staff has had an opportunity to review this issue. Acting Administrator Post indicated Staff has not yet been able to review the issues thoroughly. Mayor Probst indicated after Staff has further chance to review, he would like Council to address this issue at its earliest worksession available. I I. I I I I I I I Ie I I I I I . . .- . ,ARDEN HILLS CITY COUNCIL - JANUARY 30. 1995 4 Councilmember Malone indicated he concurred. Councilmember Hicks indicated when Staff is reviewing this issue, he would like information regarding the fill on Lot A and what violations have occurred. Superintendent Winkel indicated the City did receive a copy of a warning and order from the Watershed District, issued to the homeowner, where they will be required to remove some of the fIll along the west portion and put up a construction fence to prevent soil going into the pond. Superintendent Winkel indicated the City will continue to work with the Watershed District on monitoring the issues of this property. UNFINISHED AND NEW BUSINESS PLANNING CASE #95-01: ONE COMM CORPORATION SPECIAL USE PERMIT City Planner Fritsinger briefly review the Staff report regarding the request of a Special Use Permit and Site Plan approval for placement of antennas and construction of an equipment building at the Red Fox Road water tower. Mr. Fritsinger indicated the Planning Commission recommended approval of this request subject to the conditions identified in the planning report. Mr. Fritsinger indicated there is a lease agreement contained in the Council packet for review, but with issues still outstanding this item will be for discussion purposes only at this time. Mr. Fritsinger noted the applicant is proposing to place antennas, panels and an equipment building at 1230 Red Fox Road. He indicated this proposal is very similar to the approved use of the 4251 Femwood Avenue water tower by Cellular One. Mr. Fritsinger stated three antennas are proposed to be located on the roof of the water tower. These antennas will be mounted to the existing pipe railing. The applicant is proposing nine future panel antenna locations which would be constructed approximately 20 feet below the bottom of the bowl. Mr. Fritsinger indicated Staff recommends the Council concur with the PI~nning Commission and approve Site Plan and Special Use Permit No. 95-01 to allow for the construction of an equipment building and placement of antennas on the water tower located at 1230 Red Fox Road with the following conditions: 1. The equipment building shall be screened as proposed with trees to be in place no later than July 15,1995. . . .- . . . . . . .e . . . . . . . .e . .ARDEN HILLS CITY COUNCIL- TANUARY 30.1995 5 2. The antennas, panels and mounting brackets shall all be painted to match the color of the tower. 3. No welding shall be done on the water tower tank or shell without the written approval of the City. 4. The antennas shall not exceed a height of 16'6" above the top of the water tower. 5. At the time the side panel antennas are constructed all existing roof top antennas will be removed. 6. A lease agreement shall be maintained with the City of Arden Hills which details rent payments and other specific requirements of the City. H at any time the lease shall terminate, the SUP shall be reviewed and the City may impose other restrictions or conditions as warranted. Counci.Imember Malone inquired if there would be a significant visuaI impact or would there be any reflectors. A representative from One Comm indicated there would not be reflectors, the antennas would be omni antennas and in the future they would be replaced with panels. Mr. Winkel inquired as to what time frame the construction would be completed. The applicant indicated since there is an agreement to have the trees in place by July 15, they perhaps would put the trees in first, and look to completion during the third quarter of the year. MOTION: Hicks moved and Aplikowski seconded motion to approve Planning Case #95-01; One Comm Corporation Special Use Permit and Site Plan. The motion carried unanimously (5-0). LEASE AGRFFMF.NT WITH ONE COMM CORPORATION Mr. Fritsinger indicated the Council had received a draft copy of the lease agreement between One Comm Corporation and the City of Arden Hills. He noted this is for discussion, no action is required. Mr. Fritsinger indicated the applicant's attorney would like to further review this agreement. This agreement is very similar to the one held with Cellular One, except the lease rate is a fixed rate with scheduled increases over the life of the lease rather than a variable rate. I. I I I I I I I Ie I I I I I I I Ie I ,ARD:t;N HilLS CITY COUNCIL -lAN1JARY 30. 1995 6 PLANNING CASE #95-03: EAST SIDE BEVERAGE SITE PLAN FENCE REQUEST. Mr. Fritsinger indicated the applicant is requesting the approval of a site plan consisting of a seven foot high chain link fence with a one foot strand barbed wire on the top. Mr. Fritsinger noted the Planning Commi..~ion approved the request without the barbed wire addition. The applicant requests that the City Council reconsider the use of barbed wire for determent purposes. Mr. Fritsinger indicated this fence is constructed at East Side Beverage, 1260 Grey Fox Road. Mr. Fritsinger indicated the applicant has contacted the City several times in the past with concerns about theft and vandalism on the site. Primarily these problems have been caused by juveniles who are frequently in the area. The fence is an attempt to reduce or eIiminate this problem. Mr. Fritsinger noted the applicant apparently constructed the chain link portion of this fence in August. This was in response to both a labor strike and the problems stated above. Councilmember Aplikowski inquired if the barbed wire would be around the entire length of the fence. The applicant indicated, he is requesting that the south side and portion of the west side have the barb wire attached excluding the gate area. CounciImember Hicks questioned why only a portion of the fence and not all of the fence would have the barbed wire. The applicant indicated there is a greater problem of access on the south side due to the railroad tracks, and thicker brush, where sometimes the product is hidden until a later time when it is picked up. Councilmember Aplikowski inquired as to the objections of the Planning Commission. Mr. Fritsinger indicated their concern was the safety issues of barb wire and suggested alternative preventive measures, such as lighting. MOTION: Aplikowski moved and Hicks seconded a motion to approve Planning Case #95- 03; East Side Beverage Site Plan Fence request with the one foot high barbed wire along the south side and along approximately one-half of the distance of the west side starting from the south. The motion carried unanimously (5-0). PLANNING CASE #95-04: BETHF.T. COLLEGE SITE PLAN REVIEW Mr. Fritsinger indicated the applicant is requesting approval of additions to two academic buildings and a residence hall. The Planning Commission approved the plan subject to the two stated conditions. Mr. Fritsinger indicated the proposed building additions are consistent with the approved Master Plan or the deviations in building footprint configurations are considered insignificant. I I. I I I I I I I Ie I I I I I I I Ie I .ARDEN HILLS CITY COUNCIL - T ANUARY 30. 1995 7 Mr. Fritsinger noted the proposed building additions, drives and walks will be well below the allowable percentage in the Special Use Permit. Mr. Fritsinger indicated Staff recommends the Council concur with the Planning Commission and approve Planning Case No. 95-04; Site Plan Review for Bethel College for minor building additions, with the following conditions~ 1. Upon final City approval of this request, the Master Plan will be changed to reflect the building additions. 2. The next application by Bethel College will address the parking issue as discussed in this review. Any changes in the parking formula will require an amendment to the Special Use Permit. Mr. Craig Hjelle, Director of Physical Plant and Planning for Bethel College, indicated in the next few months they would be providing additional parking and also reviewing the parking space per student formula. MOTION: Malone moved and Keim seconded a motion to approve Planning Case #95-04; Bethel College Site Plan Review. The motion carried un.nimously (5-0). BETIIEL COLLEGE SURFACE WATER MANAGEMENT (SWM) APPEAL Mr. Hjelle requested on behalf of Bethel College, that this item be tabled until they have an opportunity to review the letter from the City that the college had just received on January 30, 1995. MOTION: Aplikowski moved and Keirn seconded a motion to table the item regarding Bethel College Surface Water Management appeal until a later date. The motion carried unanimously (5-0). RESOLUTION #95-13: APPOIN1MENT OF CITY CLERK/ADMINISTRATOR Mayor Probst indicated through the interview process of obtaining a new City Administrator, the applications received were very positive. Mayor Probst announced Mr. Brian Fritsinger has been chosen and accepted the position of Arden Hills City Clerk! Administrator. MOTION: Hicks moved and Aplikowski seconded a motion to adopt Resolution No. 95-13; appointing Brian Fritsinger to the position of City Clerk! Administrator. The motion carried unanimously (5-0). . I I I I I I I.. I I I I I I . .e I ,ARDEN HILLS CITY COUNCIL - lANUARY 30. 1995 8, Mayor Probst noted that he had spoken with Mr. Fritsinger earlier and they are in agreement that at Mr. Fritsinger six month review the four outstanding issues will be reviewed. Mayor Probst extended his appreciation to Mr. Post for taking the position as Acting Clerk! Administrator for these past months and welcome him back to his regular position as City Accountant. ADMINISTRATOR COMMENTS Acting Clerk! Administrator Post indicated he had a few items for the council. First Mr. Post indicated the I.S.D. 621 School Board has requested a meeting with the Mayor and Council. Mr. Post suggested scheduling a Special Meeting on March 13, 1995 from 6:30 p.m. to 7:15 p.m. to accommodate this request. Mayor Probst indicated he would welcome the opportunity to meet with the School Board and recommended Staff to move forward in scheduling this meeting. Council concurred. Mr. Post indicated he would confirm this date and meeting time. Mr. Post indicated Staff has assumed that Council wishes to continue the practice of scheduling worksessions on the third Thursday of the month. Council concurred. Mr. Post noted one meeting scheduled for February 16, 1995 with all commission and committee members. Mr. Post inquired if there is any comment from Council regarding this meeting. Mr. Post noted one conflict, the meeting of the Public Works and Safety committee which meets on that date at 7:30 p.m. Mayor Probst indicated he would like all members to attend, he recommended obtaining a meeting room. Mayor Probst would like all members to be notified at least 10 days in advance. After a brief discussion Mayor Probst indicated he would like a worksession to be scheduled at 5:30 p.m. at the Public Works Building with the meeting of commissions and committees to follow at 7:00 p.m. at the Army Reserve with refreshments. Mayor Probst indicated a two hour meeting would be planned. COUNCn. COMMFNTS Councilmember Aplikowski extended congratulations to Mr. Fritsinger on his new position. Councilmember Aplikowski indicated she would not be present at the next City Council meeting on February 13, 1995. I I. I . I . I I I Ie I I I I . . I .e . ,ARDEN HILLe; CITY COUNCIL - TANUARY 30.1995 9 Councilmember Malone noted a bill that is before the legislature that would shift tax revenue out of the city once again. Councilmember Malone encouraged Council and residents to express their opinions to elected officials. Councilmember Malone indicated this bill would result in a 20%- 30% cut to City property tax revenues. Councilmember Malone indicated residents would not see a change in their tax bill, but the reduction of revenues the City would receive would require a reduction in expenses in areas such as Fire protection, Police protection and so on. Mayor Probst indicated he also had concern for this bill, he wished the Staff would draft a formal resolution that the City of Arden Hills is opposed to this bill and believe it to be unfair. Mayor Probst would like this resolution to be passed on to the City's representative and on to the legislature. Mayor Probst indicated that another bill would impose a levy freeze potentially in addition to the proposed revenue loss. Councilmember Malone also commented that the City has been contributing to the fiscal disparities pool, but distributions from the pool have not equalled the contributions. Mayor Probst indicated the Mounds View School District is conducting a community survey and has invited the surrounding cities to a meeting of which he will attend. Mayor Probst indicated the Governor is moving forward with a National Volunteer's week during the week of April 23 through April 29 and the Mayor would like to participate on the City level and thank the those volunteers in the City. Mayor Probst stated he has been invited to a Mayor's reception held by Mr. Coleman of St. Paul and he will not be able to attend and requested that the Acting Mayor, Councilmember Malone attend if he is available. Mayor Probst noted he will not be able to attend the meeting on February 27, 1995. Mayor Probst requested approval for expenditures to attend the National League of Cities meeting in Washington D.C., the Mayor noted he will already be in Norfolk, Virginia and the meeting could be combined with this business trip. MOTION: Malone moved and Aplikowski seconded a motion to approve of reimbursement of expenditures for the Mayor to attend the National League of Cities meeting in Washington, D.C. The motion was carried unanimously (5-0). I I- I I I I I I I Ie I I I I I I I I- I ,ARDEN HILLS CITY COUNCIL - JANUARY 30. 1995 lQ ADJOURN MOTION: Hicks moved and ApIikowski seconded a motion to adjourn the meeting at 8:50 p.m. The motion carried unanimously (5-0). ~~ ennis Probst Mayor Brian F ritsinger City Administrator NOTICE OF MEETINGS The next regular Council meeting will be held February 13, 1995, at 7:30 p.m., at New Brighton City Hall.