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HomeMy WebLinkAboutCC 09-25-1995 I I. I I I I I I I I- I I I I I I I Ie I MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MONDAY, SEPTEMBER 25, 1995 7:30 P.M. - NEW BRIGHTON CITY HALL CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst; Councilmembers Paul Malone and Susan Keirn. Absent: Councilmembers Dale Hicks and Beverly Aplikowski. Also present were: City Admini.uator, Brian Fritsinger; City Accountant, Terry Post; Public Works Superintendent, Dwayne Stafford; Community Development Director, Kevin Ringwald; City Engineer, Greg Stonehouse; City Attorney Jerry Filla; and Recording Secretary, Ruth McLaurin. ADOPT AGENDA MOTION: Malone moved and Keirn seconded a motion to adopt the agenda for the September 25, 1995, City Council meeting as presented. The motion carried Imanimously (3-0). APPROVAL OF COUNCR. MINUTES Septernberll,1995 Corrections: Page 8, paragraph 3: "Councilmember Keirn indicated..." add after indicated n~ oninion" . Page 13, paragraph 4: correct dates to October 14th and 23rd. MOTION: Malone moved and Keirn seconded a motion to approve the minutes of the September 11, 1995, regular City Council meeting as presented. The motion carried nnanimously (3-0). CONSENT CALENDAR A. ClairnslPayroll B. Brad Ernst Appointment I I. I I I I I I I I~ I I I I I I I I- I ,ARDEN InLLS CITY COUNCIL - SEPTEMBER 25. 1995 2 MOTION: Keim moved and Malone seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried nnanimously (3-0). PUBLIC COMMENTS Ms. Elizabeth Garski, 1795 West County Road F, addressed the Council concerning the striping of County Road F. Ms. Garski expressed concern that the walkway had not been striped for residents to walk along the edges of the street. Ms. Garski indicated she had measured the striping widths and felt perhaps the middle lane could be narrowed to accommodate the walking area. Mr. Stonehouse indicated the striping had been done correctly, the six foot walkway would be striped on schedule, by next spring. Mayor Probst inquired if the striping was done this fall would there be additional costs. Mr. Stonehouse indicated that would be correct, approximately $1,600. Ms. Garski inquired as to the necessity for the center lane in front of the second turn lane, this lane is an exit only. Mr. Stonehouse indicated in the original plans this was to be an in/out access, but the school requested an exit only. He noted this could be reviewed and perhaps redone. Mayor Probst hearing no further public comments, moved on to the next item of business. UNFINISHED AND NEW BUSINESS Holiday Inn Site Plan. Case #95-6(a) Community Development Director Ringwald briefly reviewed the Site Plan request. Mr. Ringwald indicated this request is for approval of the landscape plan for the Holiday Inn at 1201 West County Road E. Mr. Ringwald reported the applicant originally appeared before the Planning Commission on March 1, 1995. At that meeting the Planning Commission recommended approval of exterior alterations to the building. The proposed alterations to the building exterior were principally cosmetic in nature. Therefore, the enhancements to the landscaping are not a requirement of the City Code, but yet requires City approval. MOTION: Malone moved and Keirn seconded a motion to approve Planning Case 95-06 Landscape Plan for the Holiday Inn as submitted. Motion carried nnanimously (3-0). I I. I I I I I I I I- I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - SEPTEMBER 25. 1995 3 Laumeyer SUP Home Occupation.Case #95-21 Community Development Director Ringwald briefly reviewed the request for approval of a Special Accessory Use Permit for a home occupation to operate an antique store in the R-2 zoning district. Mr. Ringwald indicated the antique shop will be open only upon request or no more than a couple of times per month. The hours of operation will be limited to weekends during the summer months. The property is also isolated from visual view of all neighboring residential properties. Mr, Ringwald noted the operation will exist entirely within an existing accessory structure. Mr. Ringwald reported the business will be operated by Ms. Laumeyer who has lived at this location for 30 years. And all customer visits will be by appointment only and limited to 1-2 individuals at a time. Mr. Ringwald reported all parking will be accommodated off-street. The driveway can accommodate 6-8 vehicles. There will be no deliveries. Mr. Ringwald indicated the Planning Commission recommends approval of Planning Case 95-21 subject to the following conditions: a. The occupation must comply with all of the Zoning requirements as outlined in Section VI, B, 3, a and c, of the Arden Hills Zoning Ordinance; b. All signage must comply with the requirements of the Sign Ordinance and its location be limited to the property in question; c. The property may not be sold as a commercial/retail property; and d. Special Use Permit expires with the sale or transfer of the property, the new occupant may reapply for the Special Use Permit. MOTION: Keirn moved and Malone seconded a motion to approve Planning Case 95-21, Special Use Permit-Home Occupation for Sharon Laumeyer, subject to the conditions outlined by staff. Motion carried ummimously (3-0). Bethel SWM Appeal City Adminilltrator Fritsinger reported during 1994, the City received an Appeal for the Surface Water Management (SWM) fees assessed to Bethel College. The City C01DlCil reviewed the Appeal several times in late 1994 and 1995. Mr. Stonehouse indicated this Appeal was based on a number of primary concerns: I I. I I I I I I I I- I I I I I I I .e I ,AR1)EN fiLLS CITY COUNCIL - SEPJ:EMBER 25. 1995 4; I. Street and Highway right-of-way exemptions from SWM utility fees. 2. Lake Surface (Valentine exemptions from SWM fees). 3. Land Use Designation (SUP). 4, Amount of water retained within the Bethel College property, Mr. Stonehouse reported the area of Bethel College property within Lake Valentine should no longer be assessed the SWM fees. He noted Staff reduced the SWM fees to reflect acreage associated with Valentine Lake as directed by Council at their November 28 and December 28, 1994, meetings. But this action was effective commencing with the fourth quarter in 1994, it did not make the Appeal retroactive to the date of Appeal (April 1, 1994), Mr. Stonehouse indicated the right-of-way and water retainage arguments were found not to be appropriate in this case. However, there is still a question regarding land use or property classification in this Appeal. Mr. Stonehouse indicated the justifications for supporting the Appeal are: l. Policy Statement Except as herein after provided, all properties within the City of Arden Hills shall contribute to the Surface Water Management Utility in an amount proportional to the runoff contributed by each particular parcel. 2. Computation of Surface Water Management Fees - suhpara.I-Land Use Land Use for determining Surface Water Management fees shall be the existing land use at the date of enac1ment of the Surface Water Management Ordinance. As land is developed, or redeveloped, the fees will be recomputed, based on the revised land use. 3. Adiustment of Fees - suhpara. 2 Surface Water Management fees will be adjusted under the following conditions: -Changes in Developed Conditions of Parcels Mr. Stonehouse reported Attorney Filla concurred that in this situation the existing Special Use Permit does not allow Bethel to build to the typical B 1 zoning standards. The existing SUP limits site coverage of buildings, drives, parking, walks and other surfaced areas to twenty five percent. This limitation is most common with residential development limits. This SUP is a document which can be amended by the City at anytime. Should Bethel pursue amendments to the SUP in the future, the City should consider amending the applicable rate in this case. Mr. Stonehouse noted the cost of the Appeal would be in regard to the Valentine Lake, the original credit amount implemented for the fourth quarter of 1994 was $2,943.35. If additional credit is given for the second and third quarters the additional credit owed would be $5,886.70. In regard to . I. . . . . . . . .e . . . . . . . .e . ARDEN mLLS CITY COUNCIL - SEPTEMBER 25. 1995 5 the land use, if the rete were to be reduced from $50.75 to $11.94 retroactive to January 1, 1995, the overall credit would be $10,636.06. Mayor Probst inquired as to the net acreage left after the credits. Mr. Fritsinger indicated it would be approximately 168 acres. Councilmember Malone indicated the City originally thought the calculations were correct, but the evidence supports the justification for appeal in regard to Valentine Lake and Land Use issues. Councilmember Malone agreed with the suggestion of the Engineer in crediting future accounts rather than issuing a reimbursement check. MOTION: Malone moved and Keim seconded a motion to granting the Appeal on the basis of the Lake Valentine area reduction retroactive to the 2nd Quarter of 1994 and land usage being effective January 1, 1995. Motion carried unanimously (3-0). Mayor Probst inquired if an institutional classification could be established. Mr. Stonehouse indicated in this case, no. Mayor Probst inquired if in the future, a new classification could be established. City Attorney Filla indicated this could be done in the future. Resolution 95-65. Accel'tinl!: Bid and Authorizing Execution of Contract in the Matter of the Arden Manor Watermain Improvement of ]995. City Administrator Fritsinger indicated the Council originally reviewed this item at its May 30, 1995, Council Meeting, where it gave direction to staff to proceed with discussions on a Connection Agreement At the June 12, 1995, meeting, the Council ordered the preparation of plans and specifications for the project Mr. Fritsinger indicated the project was originally intended to be completed no later than September 1,1995. Due to the delays with the Department of Army in obtaining a final approval of funding for the project, Staffwas unable to proceed with the bidding of the project until recently. Mr. Fritsinger reported in order to move the project forward, City Attorney, Jerry Filla, has indicated that the approval of the project with the suggested recommendations would be appropriate. Mr. Stonehouse indicated bids were opened on September 6, 1995, and he noted they were somewhat high, due to the limited completion time requirements. Mayor Probst inquired if it is clear that the Army will pay for the cost of the project Mr. Fritsinger indicated the agreement will be attached to the City documents and he felt there would be no major problems in receiving reimbursement. I I. I I I I I I I Ie I I I I I I I Ie I ,ARDEN HILLS CITY COUNCIL - SEPTEMBER 25. 1995 6 City Attorney, Filla, indicated there should be a second motion following the adoption of the Resolution to address contingency upon the signature of similar documents as presented at this meeting. Mr, Fritsinger indicated the document is similar to that which the Sta:lIwould want the City Council to approve, if there would be any changes, the document would come back to the Council for approval. Councilmember Malone inquired if work had begun. Mr. Fritsinger indicated it had not Councilmember Malone inquired if there is a pressure reducer in the line. Mr. Stonehouse indicated no there is not, Arden Manor will be responsible for the pressure and any complications in regard to the line. City Attorney Filla inquired if there were any issues with Arden Manor regarding the pressure. Mr. Stonehouse indicated he would like to meet or speak with them one more time to clarify this issue. City Attorney Filla inquired as to the construction, and how late the construction could begin. Mr. Stonehouse indicated as late as mid-November, and noting that general contractor Federal Cartridge will be gone in late October. MOTION: Keirn moved and Malone seconded a motion to adopt Resolution 96-65 including the following actions: 1. Accept and receive the bid proposals. 2. Award the project to Dave Perkins Contracting, me" subject to approval of a formal cooperative Connection Agreement between the Army, Arden Manor Trailer Park and the City of Arden Hills. 3. Such Agreement shall be drafted, reviewed and approved by the City Attorney. Motion carried unanimously (3-0). MOTION: Keirn moved and Malone seconded a motion to authorize the Mayor to sign an agreement between the City of Arden Hills and Arden Manor similar to the draft presented at the Council meeting of September 25, 1995. Motion carried unanimously (3-0). . .. . . . . . . . .. . . . . I I I .- I ,AlIDENHILLS CITY COUNCIL - SEPTEMBER 25. 1995 7 Resolution 95-64. Approving the Plans and Specifications and Ordering the Advertisement for Bids in the Matter ofthe 1995 Storm Water Management Prograrn. Mr. Stonehouse indicated the Council recently directed Staff to prepare plans and specifications for improvement projects at Lake Josephine and Karth Lake. Mr. Stonehouse noted the plans have been prepared for both projects. MOTION: Malone moved and Keim seconded a motion to adopt Resolution 95-64 approving the plans and specifications and ordering the advertising for bids in the matter of the Storm Water Management Improvements of 1995. Motion carried unanimously (3- D). Perrv Park Pay Estimate #1 Mr. Stonehouse indicated this includes work up until September 6, 1995, with a retainage of 10%. Mr. Stonehouse indicated he has been favorably impressed with the contractor and the project. Mayor Probst indicated the actual work completed is further than anticipated. Mr. Stonehouse indicated that is correct, with only a few items left to complete. MOTION: Keim moved and Malone seconded a motion to approve pay estimate Number One (I) to Veit & Company for the Perry Park Project. Motion carried nnAnimously (3- D), County Road F Pay Estimate #2 Mr. Stonehouse indicated this pay estimate is for work through the end of August. Mr. Stonehouse recommended, to prevent interest charges against the City, to forward payment for work done in August. He did recommend retainage of $33,904.00. Mayor Probst inquired as to the total retainage thus far for the project. Mr. Stonehouse indicated the retainage is in excess of$71,OOO. Mr. Stonehouse indicated he did not anticipate returning for the final pay estimate until all outstanding concerns have been addressed. Mr. Fritsinger inquired if the contractor has signed the pay estimate. Mr. Stonehouse indicated they have signed the pay estimate. MOTION: Malone moved and Keirn seconded a motion to approve pay estimate Number Two (2) to Midwest Asphalt with the suggested retainage. Motion carried unAnimously (3-0). I I. I I I I I I I I- I I I . . . . .- . ,ARDEN IDLLS CITY COUNCIL - SEPTEMBER 25. 1995 8 . 1995 Street Improvements Pay Estimate #1 Mr. Stonehouse recommended the pay estimate of $126,074.26 to Valley Paving. He felt the company, with the exception of some clean up, has done an exceptional job in the project. MOTION: Malone moved and Keirn seconded a motion to approve pay estimate Nwnber One (I) to Valley Paving as recommended. Motion carried nnanimously (3-0). Army Reserve Memorandum of Agreement Mr. Fritsinger indicated the Army Reserve requested the retrocession of the Army Reserve site in 1991. This request was to share concurrent legiSlative jurisdiction with the State of Minnesota over the entire Reserve Center site consisting of 29.04 acres. Mr. Fritsinger indicated the change would allow the City to have a more active control regarding code issues. Mr, Fritsinger indicated the agreement would allow the provision of Police and Fire protection services. Mr. Fritsinger indicated he has worked with Attorney Filla on the development of a Memorandwn of Agreement which addresses those issues most critical to the City. The Memorandwn of Agreement is only an interim step in the completion of the retrocession process. Mr. Fritsinger noted one amendment to the memorandwn, on page four please add to Paragraph F. "Section 3.01. C. D and E of this memorandwn..... be added to the beginning of the paragraph. MOTION: Keirn moved and Malone seconded a motion to approve the Memorandwn of Agreement and direct staff to execute such a contract with the noted amendment. Motion carried nnanimously (3-0). MOTION: Malone moved and Keirn seconded a motion to direct staff to prepare a letter to Governor Carlson indicating the City's acceptance of the retrocession request subject to the terms of the Memorandwn of Agreement and licensingloutgrant agreement. Motion carried nnanimously (3-0). Proclamation - Cities Week Proclamation Mayor Probst read a proclamation designation October 1-7,1995, to be Cities Week in the City of Arden Hills. I I. I I I I I I I .e I I I I I I I Ie I ,ARDEN HILLS CITY COUNCIL - SEnEMBER 25. 1995 9 MOTION: Mayor Probst moved by acclamation, and Malone seconded the Proclamation of Cities Week as October 1-7, 1995, in the City of Arden Hills. Motion carried unanimously (3-0). Mayor Probst indicated there will also be a "Thank You" event for volunteers, Committee members and City workers on October 3,1995, at City Hall at 6:00 p.m, TCAAP Update Mr. Fritsinger briefly updated the Council on the TCAAP issues. He noted the Task Force has now concluded its work until such time that the Reuti1ization Committees completed its Public Hearings. Mr, Fritsinger indicated the staff has presented the City's plan to Congressman Vento's Reutilization Committee and has received favorable responses to the commercial/industrial uses, open space designation, park preserve, ball fields and the Town Center. He noted discussion is still being held in regard to the Plan presented, regarding housing. Mr. Fritsinger indicated the process with the City consultant is also nearing the end of Phase One, there should be a report available near October 1st. Mayor Probst expressed appreciation for all the work of the Staff and the Task Force. ADMINISTRATOR COMMENTS Cleveland Avenue Bridge Mr. Fritsinger indicated in regards to the Cleveland Bridge, damages were sustained due to a fire and the County indicated they would not repair the bridge until 1996. He noted the County is reviewing options of a)rebuilding, b )grade changes, or c) cul-de-sacs for each side. Mr. Fritsinger indicated the Railroad is not in favor of creating cul-de-sacs or changing grade. Mr. Fritsinger noted there is no clear discussion at this time as to the outcome, it is currently a low priority for the County. Mayor Probst suggested that Staff monitor this issue very closely. Packets Mr. Fritsinger apologized for the delay in the delivery of the Council packets, he noted the staffwill take over delivery to assure proper amount of review time for Council. County Road F Appeals I I. I I I I I I I .- I I I I I I I I- I ,A.lUlEN lllLLS CITY COUNCIL - SEPTEMBER 25, 1995 IQ County Road F Appeals Mr. Fritsinger indicated he had met with residents and suggested a closed meeting to review the issues at hand. City Attorney Filla indicated he would need approximately 10 minutes of the Council's time at the next meeting for a closed session to review this. MOTION: Malone moved and Keirn seconded a motion to schedule a closed session of the City Council at 7:00 p.m. on October 10, 1995, at the Army Reserve Center. Motion carried unanimously (3-0). COUNCIL COMMENTS Councilmember Malone indicated it was his understanding the City will be flushing their watermains during the week of October 15th. Public Works Superintendent Stafford indicated that was correct. Councilmember Malone urged Staff to make sure proper notification of the residents was accomplished. Mr. Post suggested an insert in the October utility billing statement in addition to the newspaper, and cable notifications. Mayor Probst indicated he wished to add to the upcoming agenda, recognition of an Eagle Scout in Arden Hills. Mayor Probst also noted Mr. Fritsinger's contract still needs to be executed, so perhaps at the next Worksession this item could be added to the Agenda. Mayor Probst noted upcoming events and one of interest would be the Minnesota Resource Meeting on October 2nd, this is one source of funding for Perry Park. Also, the annual TCAAP site cleanup tour by the Department of Army on October 12th. ADJOURN MOTION: alone moved and Keirn seconded a motion to adjourn the meeting at 8:50 p.m. e motion carried unanimously (3-0). Brian Fri er City Administrator I Ie I I I I I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - SE~1:EMBRR 25, 1995 1\ The next regular Council meeting will be held Tuesday October 10, 1995, at 7:30 p,m., at the Arden Hills Army Reserve Facility,