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HomeMy WebLinkAboutCC 11-13-1995 I I. I MINUTES CITY OF ARDEN IllLLS, MINNESOTA I REGULAR CITY COUNCIL MEETING NOVEMBER 13, 1995 7:30 P.M. - NEW BRIGHTON CITY HALL I I CALL TO ORDEWROLL CALL I Pursuant to due can and notice thereof, Mayor Dennis Probst called to order the regular I City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, I Paul Malone and Susan Keirn. Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; I 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 1(' MOTION: Keirn moved and Hicks seconded a motion to adopt the agenda for the November 13, 1995 City Council meeting as presented. The motion carried nnanimously (5- I 0). APPROVAL OF COUNCIL MINUTES I October 30, 1995 I Corrections: Page 1: Under corrections; Page 4, to read: Add to paragr'l\ph three: Mr. I Stonehouse indicated that the use of photographs were already planned for use. I Page 4: Third paragraph; Mr. Craig Wilson, 1677 West County Road F, was revised to read: recommend the Council defer action on the I park dedication fee for the lot at the comer of E2 and Old Snelling since a fair market value could not have been established for the property. The fact that the purchase agreement between Mr. Ogren l- and Bethel was not an arms length agreement and the property was not sold on the onen market sup.ports this point. Mr, Wilson I I I. .ARDEN HILLS CITY COUNCIL - NOVEMBERJ3, 1995 2 I further recommended the Council reqJ.Jire an appraisal because the sale of the land nRS not yet been recorded with RRmsey Coun1;y. I MOTION: Aplikowski moved and Hicks seconded a motion to approve the minutes of the I October 30, 1995 regular City Council meeting as presented. The motion carried lInRnimously (5-0), I CONSENT CALENDAR A. Resolution #95-77, Adopting and Confirming Special Assessment for I Diseased Tree RemovaL B. Resolution #95-76, Concurring with Retroceding Legislative Jurisdiction of the Army Reserve Training Facility. I C. Schedule Special Meeting, November 27, 1995,7:00 PM D. Schedule Closed Meeting, November 27, 1995,6:30 PM E. Claims and Payrou. I MOTION: Hicks moved and Aplikowski seconded a motion to approve the Consent Calendar Ie as presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS I Mr. Craig Wilson, 1677 West County Road F, indicated at the previous Council meeting held I on October 30, 1995, that the Park Dedication Fee for the Ogren property was discussed. He questioned the procedure used by Council regarding obtaining an appraisal for the property on which to base the fee. He noted Appendix A of the Subdivision addressing Park Dedication Fees I in the City Ordinance, noting the Council is required to obtain an appraisal. Community Development Director Ringwald noted Section 22-29, item 5 indicates" ...the I Council as a basis for... ~ request an appraisal...if it is deemed advisable...". Mr. Ringwald indicated this decision would be at the discretion of the Council. I Mayor Probst noted Council held discussion at its October 30, 1995 meeting which addressed the Council's feelings regarding this issue. I No further public comment was made. I UNFINISHED AND NEW BUSINESS Resolution #95-75. Eleetinf to Participate in the Local Housing Incentives Account I- ProlP1lm Under the Livable Communities Act I r I. ,81IDEN HILLS CITY COUNCIL - NOVEMBER 13. 1995 3 I Community Development Director Ringwald requested Council to consider the adoption of Resolution 95-75, electing to participate in the Local Housing Incentives Account Program under I the Metropolitan Livable Communities Act for the calendar year of 1996. I Mr. Ringwald explained the Metropolitan Livable Communities Act was adopted by the State of Minnesota in 1995. The Act is intended to address housing and other development issues facing the Twin Cities metropolitan area. The Act requires that Metropolitan Council negotiate I affordable and life-cycle housing goals for each participating municipality. Mr, Ringwald indicated if the City chooses to participate in the Act, then the City and the I Metropolitan Council Staff will need to finalize negotiations on the affordability and life-cycle housing goals by the December I 1, 1995 regular meeting. The Metropolitan Council will then act on these negotiated goals prior to January 15, 1996 as required by the Act. I Mayor Probst inquired if Staff feels comfortable with the Metropolitan Council approving negotiated goals. Mr. Ringwald indicated there is always a risk that Metropolitan Council will I not approve the goals that the two Staffs' have agreed upon. However, the Staffhas had discussions with the Metropolitan Council staff and feel very comfortable with the goals as .- discussed so far. CounciImember Aplikowski inquired as to the benchmark Arden Hills currently meets. Mr. I Ringwald indicated that would be in regard to affordable rental. CounciImember Malone inquired if information from neighboring communities has been I obtained of which Arden Hills has based their goals. Mr. Ringwald indicated some information has been received. The benchmark is an item the Metropolitan Council will negotiate. I CounciImember Malone indicated there are several funds available if the City participates in this Act, of which the City is unlikely to receive any at this time. I MOTION: Hicks moved, Aplikowski seconded a motion to adopt Resolution #95-75, electing to participate in the Local Housing Incentives Account Program under the Metropolitan Livable Communities Act for the calendar year of 1996. Motion I carried unanimously (5-0). I Planning Case #95-01. OneComm SUP Extension Community Development Director Ringwald reported the applicant is requesting an extension of I their site plan approval to June 30, 1996 so as to accommodate their anticipated construction of antennas at the Red Fox Road water tower. I- I . .. ARDEN HILLS CITY COUNCIL - NOVEMBER 13, 1995 4 . Mr. Ringwald noted the applicant received a special use permit and site plan approval from the City Council at its regular meeting of January 30, 1995 in Planning Case 95-01. The approval . allowed for the construction of transmission antennas on the Red Fox Road water tower. . Mr. Ringwald indicated Staff recommends that the approval of Planning Case 95-01 be extended until June 30,1996, subject to the original conditions of approval. . MOTION: Aplikowski moved, and Malone seconded a motion to approve the Planning Case #95-0 I extension until June 30, 1996 subject to all prior conditions. Motion carried unllnimously (5-0). . Planning Case #95-05. Ogren PUD . Community Development Director Ringwald reported the applicant is requesting approval of a Final Plat for a 12 unit "Townhomes of Lake Valentine" project on a 6.51 acre parcel in the R-l Single Family Residential Zoning District. . Mr. Ringwald noted some modifications to the plan, he indicated these modifications are .- generally responsive to conditions of approval of the PUD. The primary modifications that were made to the plan were in regard to the reduction in the number of units, the Southerly relocation of the private road and the Southeasterly relocation of Units 5 and 6 away from the 66 foot easement. . Mr. Ringwald briefly reviewed the Final Plat describing the modifications. . Mr. Ringwald reviewed the 20 conditions set forth in the Site PlanlPUD Master Plan approval. . Mr, Ringwald recommended approval of the final plat ofTownhomes of Lake Valentine in Planning Case 95-05, subject to the following conditions: . 1. Compliance with the approval of the Site PlanlPUD Master Plan of the Townhomes of Lake Valentine which was granted on October 10,1995. 2. Filing of the Homeowners Association documents with Ramsey County in a form . acceptable to the City Attomey. 3. Provision of the Letter of Credit to the City Administer in an amount equal to 125 . percent of the improvement cost of the project in a form acceptable to the City Attorney. 4. Execution of the Development Agreement in a form acceptable to the City . Attorney; and 5. Compliance with the City Code, specifically Chapter 22 (Subdivisions). .e . . .. ARDEN lllLLS CITY COUNCIL - NOVEMBER 13, 1995 5 . Mr. Ringwald noted that the applicant has sixty (60) days from the date of the City Council approval to record the finaI plat or that approval is void. If the finaI plat is approved tonight, . then the approval would become void on Friday, January 12, 1996. . Mr. Ringwald indicated the letter of credit had been received and the Development Agreement was under review of the City Attorney. . City Attorney Filla indicated he had reviewed the letter of credit and is comfortable with the document. He noted that the plat and declarations wiIl be finished and soon recorded. . MOTION: Hicks moved, and Aplikowski seconded a motion to approve Planning Case #95- 05, finaI plat of Townhomes of Lake Valentine subject to the stated conditions with the exception of condition number three (3) which has already been met. . Mayor Probst aIlowed public comment at this time. . Ms. Doris Cannif, 3946 Glenview Avenue, indicated there is a stream that will flow from Lake Valentine due to a plugged culvert and wiIl flood the property under discussion. Mayor Probst .- indicated this property no longer has a connection to Lake Valentine. Ms, Cannif indicated there is a plugged culvert under Highway 10 that needs to be opened. She . noted flooding in her back yard this previous August. She felt the Council was ignoring the flooding issue. Mayor Probst reitemted that there is no longer a connection to Lake Valentine from this property. . Councilrnember Aplikowski inquired if the City had received any phone calls regarding flooding on the Ogren property. Mr. Fritsinger indicated he did not receive any calls to his knowledge. . Mayor Probst indicated the area that Ms. Cannif is referring to is at Valentine Park, at the intersection of County Road F and Highway 10, not E2 and Highway 10. . Ms. Sharon Turgeon, 1777 Venus Avenue, asked for clarification of items in the Planning Memo regarding distance between Units 5 and 6 and the 66 foot easement; the sediment pond could possibly flood; and also, would the conservation easement be disturbed during the . construction. City Attorney Filla indicated in response to the sedimentation pond issue, that the declarations . state that the maintenance of the sedimentation pond is the responsibility of the Association. The information regarding the sedimentation pond would be presented prior to the sale to any of the . purchasing of the units. Mr. Ringwald indicated once the conservation easement is established it would not be disturbed. .- He noted in regard to the distance between the 66 foot easement and Units 5 and 6, perhaps to be . I I. ,NIDEN HILLS CITY COUNCIL - NOVEMBER 13. 1995 6 I more clear it could be stated, "The Northwest comer of Unit 6 will be at least 24.5 feet from the 66 foot easement". I Mr. Jay Shrankler, 1748 Venus Avenue, indicated the Council gave the applicant direction at I the last Council meeting on October 30,1995. Mr. Shrankler asked if the Council now feels comfortable with modifications. Mayor Probst indicated Council has reviewed an interim plan and the plan addressed their concerns. I Councilmember Hicks noted the street has been widened and the nwnber of units have been reduced, to provide a more open development. I Mr. Ringwald also noted there will also be a catch basin located on the Southwest comer of the property to provide for treatment of all run off from the property. I Dr. Bob Mullin, 1793 Gramsie Road, asked about the conservation easement, in regard to "be allowed to return to natural vegetation". Mr. Ringwald indicated the developer would re- I vegetate with natural vegetation that part of the easement which was disturbed due to grading, within 14 days after the completion of the grading of the area. I- Ms. Bobbi Schatz, 1683 West County Road F, inquired as to the removal of the hill on the site. Mr. Ringwald described the earthwork that would take place on the site. I Councilmember Hicks inquired for clarification if there is any drainage away from the site to Valentine Lake. Mr. Stonehouse indicated there is no drainage into Valentine Lake from this I site. Ms. Turgeon asked if a Landscape Plan had been provided. Also, she asked how the City Code I was applied to this case. Mr. Ringwald indicated a Landscape Plan had been reviewed and shown and approved with the Site Plan/PUD Master Plan. Mr. Ringwald noted at least from the Staff level they had addressed the code in regard to a Single Family Attached Home I development. Mayor Probst indicated a Planned Unit Development is allowed under City Code and Council I addressed this case as Single Family Attached development. Mayor Probst noted this would be the final action by the Council in regard to this development. I Councilmember Aplikowski complimented the citizens involved in this case for all their research I and hard work. She reminded the residents that the Council needed to review the rights of all involved, including the property owner and their right to develop their land. I- Councilmember Aplikowski indicated although it may not be the opinion of all, she feels the development will be a benefit to the community in the future. I I I. ARDEN lllLLS CITY COUNCIL - NOVEMBER 13, 1995 7 I Ms. Lois Rem, 1670 Glenview Court, indicated the reason for the questions from the residents I was that they wanted the Council to be comfortable with their decision. I Ms. Rem provided a letter to be entered in the record as Exhibit 6.c. She requested an explanation as to how the Ogren development would have gotten from the March plan, approved by Staff & Planning Commission, to its current state without the high level of involvement by I the residents. Mayor Probst indicated the original plan was not approved in March, it had not been reviewed by I the Council until October 10, 1995 where Council established conditions for approval. Mayor Probst expressed great concern for the notion there was something a-miss with the I protocol of this application and that there was more than simply a Planned Unit Development request involved. I Mayor Probst indicated he felt the Council had reached a compromise between the developer and the residents. He indicated although not all agree, there is a basic right to develop your land, .- This right can not be ignored. Motion carried nnanimously (5-0). I Resolution #95-78. Ordering Prelim.inarv Feasibility Report in the Matter ofthe 1996 Street Im1}rovement Project I City Engineer, Greg Stonehouse indicated the street re-rating was now complete. He provided the Council with a prioritized list of streets as compiled in accordance with the project schedule I and under the direction of Public Works Superintendent Stafford, Mr. Stonehouse indicated under the new system, streets with PCI ratings less than 60 will require I reconstruction or cold, in-place recycling; street ratings from 61 to 80 will be best maintained with a bituminous overlay; ratings form 81 to 90 will require a seal coat; and those rated above 90 will require no maintenance in the next two to three years. I Mr. Stonehouse indicated a general Feasibility Study will be completed to outline the necessary I improvements and associated costs for streets within the first and second priority categories. This will allow City staff to hold informational meetings with the public in the next several weeks to determine which streets will be reconstructed/rehabilitated in 1996. Following those I informational meetings, Staff would revise the Feasibility Study specifically toward the selected streets, and schedule the formal Public Hearing to allow the project to proceed. Ie I I I. .ARDEN HILLS CITY COUNCIL - NOVEMBER 13, 1995 8, I MOTION: Hicks moved, and Keim seconded a motion to adopt Resolution #95-78, Ordering PreliminA'Y Feasibility Report in the Matter of the 1996 Street Improvement I Project. Motion carried unanimously (5-0). Pay Estimate #1. Arden Manor Water Main I City Engineer Stonehouse indicated the recommended payment to Dave Perkins Contracting, I Inc. is in the amount of$61,327.25 reflecting a $3,227.75 retainage. Mr. Stonehouse noted he recommends the retainage be held until the Punch List provided by himself and Public Works Superintendent Stafford has been satisfied. I MOTION: Keim moved, and Aplikowski seconded a motion to authorize payment to Dave Perkins Contracting, Inc., in the amount of$61,327.75 with a retainage of I $3,227.75 to be held until the Punch List provided by the City Engineer and Public Works Superintendent has been satisfied. Motion carried unanimously (5- 0). I Hil!hway 96 Improvements Project Discussion I. Mr. Jim Tolas and Mr. Tim Mayasich from Ramsey County presented proposed improvements for the section of Highway 96 that is within Arden Hills limits. They indicated Ramsey County I is receiving the Highway on a State/County turnback. Mr. Tolas noted there has been a Task Force that has been meeting monthly and now have I provided key recommendations for Council comments. Mr. Tolas indicated they are now spending time gathering Council comments from all communities involved in the Highway 96 project. I Mr. Tolas described the improvements that are proposed for the eight and one half miles of section that is within the County. He also noted a regional trail parkway that would also be built I along the road. Mr. Tolas indicated November will be spent gathering comments from the various Councils, then I there will be informational sessions held in December, revisions in January and final recommendations and approvals in February of 1996. The goal is for at least one segment to be designed in 1996 and constructed in 1997. I Mayor Probst inquired as to signals along the new highway. Mr. Tolas indicated there would be I signals at 1/2 mile intervals. Mayor Probst inquired as to costs. Mr. Tolas indicated the communities will be required to cover I- utilities, special lighting, etc. He also noted there are grants available to the communities, to aid in funding. I . .. ARDEN HILLS CITY COUNCIL - NOVEMBER 13.1995 9 . Mayor Probst inquired as to the trail costs. Mr. Tolas indicated this could be covered almost in its entirety under the State Aid program. . Discussion continued regarding funding, current projects, and problems specific to Arden Hills. I Councilmember Keim excused herself from the meeting at 9:05 p.m. . Mayor Probst inquired if there would be notification of residents regarding informational meetings, etc. Mr. Tolas indicated those directly affected by the improvements will be notified by mail and there will also be newspaper notification. . City Hall Improvements . City Administrator Fritsinger indicated improvements necessary at City Hall, some of which were discussed at the October 19, 1995 Worksession. . Mr. Fritsinger indicated Staff would recommend roof modifications. These improvements would gable the existing entry area. This improvement is necessary to resolve the continual leaking .. problem. His recommendation was to award the bid to Pleasant View Homes, Inc. in the amount of$2,100. MOTION: Malone moved, and Hicks seconded a motion authorizing the City Accountant to . transfer funds from the Community Services Fund to pay for the entry area improvements and award bid to Pleasant View Homes, Inc. in the amount of I $2, I 00. Motion carried unanimously (4-0). Mr. Fritsinger indicated the bids received for the carpet work varied, but explained that some . bids did not include moving the office furniture. His recommendation was to award bid to Floor Design in the amount of$6,263.75. . MOTION: Malone moved, and Hicks seconded a motion to authorize the City Accountant to transfer funds from the Community Services Fund to pay for carpeting and award bid to Floor Design in the amount of $6,263.75. Motion was carried lI",mimously I (4-0). TCAAP Update . City Administrator Brian Fritsinger indicated new information is limited. The Vento's . Committee will not be meeting again until after the Thanksgiving holiday. He noted Staff continues to clarify questions. .- I I I. ,A.lU>EN HILLS CITY COUNCIL - NOVEMBER 13, 1995 10 , I Mr. Fritsinger indicated the Restoration Advisory Board is now taking applications at City Hall for those interested in serving on the Board. He noted this Board will be distinctively different I from the previous task forces, I Mayor Probst indicated the purpose of the Board is to monitor cleanup of the Arsenal site, not reutilization, I ADMINISTRATOR COMMENTS City Administrator Fritsinger indicated a few items for discussion: I OneComm SUP I Mr. Fritsinger inquired if the Council had any concerns for additional antennas at the tower. I Councilmember Malone indicated he was not sure both companies could be located on the same tower. I. Mayor Probst indicated he would not be concerned if the businesses could be located at the same site and for both to use the tower since there are no antennas currently located on the tower. I County Road F issues I Mr. Fritsinger indicated Ramsey County Courts has required the City and residents to proceed to mediation. The City Attorney and Mr. Fritsinger will try to determine the next I step and have information available for the closed meeting on November 27, 1995. Drug Testing Program I Mr. Fritsinger indicated the City will now be required to have a drug testing program for their heavy equipment operators in place by January 1, 1996. Staff will be working on I the development of this policy and present to the City Council in December. COUNCIL COMMENTS I Councilmember Hicks indicated in regard to the Ogren Park Dedication issue, it would seem the I Council's decision was on target. The recent sale of the U ofM property in Shoreview was at a similar per acre cost. Ie Councilmember Aplikowski encouraged Staff to review the flooding issue near Valentine Park and correct the culvert problem if there is one. I I Ie .ARDEN HILLS CITY COUNCIL - NOVEMBER 13. I 995 II , I Councilmember Aplikowski inquired if County Road F is still being considered for a new name. I Craig Wilson indicated at the next Public Works and Safety Committee meeting he can reintroduce information regarding his research of names and resident response. I Councilmember Aplikowski expressed concern regarding the rural design section of County Road F and requested something be done to ensure the safety of those using this stretch of I roadway. Mayor Probst indicated in regard to the response from Coralie Wilson at North Suburban Cable I Commission, he did not believe their response was adequate. However, the Council did not wish to pursue further discussion at this time. I Mayor Probst indicated he received multiple copies of information regarding Metropolitan Council and MNDOT's funding programs. I Mayor Probst indicated he was not sure if they can influence the date when the section of Highway 96 in Arden Hills can be done, but he would like to forward information to the County, I- that Arden Hills is interested in moving forward with the project as soon as possible. Mr. Fritsinger indicated additional issues will be addressed and discussion will continue with the County in regards to Highway 96. I ADJOURN I MOTION: Hicks moved and Aplikowski seconded a motion to adjourn the meeting at 9:58 p, The motion carried unanimously (4-0). I B F,/fr I nan ntsmger City Administrator I NOTICE OF MEETINGS I The next regular Council meeting will be held November 27, 1995, at 7:30 p.m., at New I Brighton City Hall. . I I