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HomeMy WebLinkAboutCC 04-11-1994 . I .e . I I . I I Ie I I I I I I I l.a I MINUTES CITY OF ARDEN HILLS I MINNESOTA REGULAR CITY COUNCIL MEETING April 11, 1994 7:30 P.M. - New Brighton City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Probst called to order the City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, and Paul Malone. Absent: Mayor Sather. Also present were: Community Planning Coordinator, Brian Fritsinger; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Parks & Recreation Director, Cynthia Severtson; City Administrator, Dorothy Person; and Recording Secretary, Renee Kaulfuss. ADOPT AGENDA Hicks moved, seconded by Aplikowski, to adopt the April 11, 1994 agenda as presented. Motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES MOTION: Malone noted on Page 2 of the March 28, 1994 Regular Council meeting minutes that the last sentence of paragraph three pertaining to the discussion of changes to the animal control ordinance needed clarification. Three or more dogs "in a business district" would require a kennel license. "Three dogs in a residential district would require a kennel license". MOTION: Malone moved, seconded by Hicks, to approve the minutes of the March 28, 1994 Regular Council Meeting as corrected. Motion carried unanimously (4-0) . CONSENT CALENDAR MOTION: Malone moved, seconded by Hicks, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Appoint Anita Larson to the Parks & Recreation Committee. b. Approve list of Business License renewals. c. Approve list of Claims/Payroll. I I .e I . . . I I Ie I I I I I I I I- I Arden Hills Council April 11, 1994 2 PUBLIC COMMENTS Dave Neuberger of 3330 Dunlap Street North noted that he was unable to attend the public hearing on the proposed streets to be improved under the 1994 Pavement Management Improvement project. His lot is located on the corner of Dunlap Street and Tiller Lane and noted he had been assessed a large fee just a couple of years ago for the reconstruction of Tiller Lane. He had two questions to ask Council, the first being if the improvement project had in fact, been authorized to take place. Malone explained that the City had approved the feasibility study and solicited for bids. The next procedure would be the assessment hearing scheduled for May 23, 1994 with a possible recommendation to approve the bid and award the contract. Mr. Neuberger's second question was what date would the project start and what was the anticipated completion date. Winkel explained that the project would take place over the summer, starting in mid August. Winkel further noted that all affected homeowners would receive an assessment hearing notice shortly. Mr. Neuberger noted that he is opposed to the reconstruction project and that an overlay would be sufficient as he observed only 20-30 vehicles traveling on this road on any given day. Winkel stated he would review the assessment policy for corner lots with Mr. Neuberger. UNFINISHED AND NEW BUSINESS 1994 PAVRM1i!1Il'I' MANAGEMENT IMPROVEMENT PROJECT: CONSIDERATION TO APPROVE RESOLUTION i94-30 MOTION: Malone moved, seconded by Hicks to approve Resolution #94-30, determining assessed cost of improvement, ordering preparation of proposed assessment roll and setting the assessment hearing date of May 23, 1994, in the matter of the 1994 Pavement Management Improvement project. Motion carried unanimously (4-0). CONSIDERATION TO APPROVE RESOLUTION i94-31 Malone asked for clarification on the bases of the eleven percent (11%) overage noted in the Engineer'S report I I I- I I I I I I Ie I I I I I I I I- I Arden Hills Council April 11, 1994 3 relating to the cost of the improvement project. Person stated that the materials testing process, overhead items, and extra items needed in the field, historically were not included in the initial packet from the Engineer (Maier Stewart). She further noted to refer to a memo faxed to her that day from the Engineer that explained the cost differential. These additional cost items were included in the contractor's specifications and therefore, included in the total bid price. Malone commented that since there is a slight increase in the cost as outlined in the contractor's bid, he would recommend a rate of $10.25 for the cold-in-place recycling project, and a rate of $29.50 for the reconstruction project to reflect the slightly higher cost for the improvements. He further noted that this would be allowed as outlined in the assessment manual. MOTION: Hicks moved, seconded by Malone to approve Resolution #94-31, establishing the assessment rates to be $10.25 for the cold-in-place recycling project and $29.50 for the reconstruction project in the matter of the 1994 Pavement Management Improvement project. Motion carried unanimously (4-0). REOUEST FROM THOMAS GOSERUD. ARDEN SILLS NURSERY TO ~IVE FEE ASSOCIATED WITH REOUEST FOR A SPECIAL USE PERMIT. Probst referred to a letter received in the packet from Mr. Goserud outlining his reasons for the request to waive the fee associated with the Special Use Permit. Probst asked Mr. Goserud if he had anything to add that had not already been mentioned in the letter. Mr. Goserud stated he had nothing further to add at that time. Malone commented that as part of the Special Use Permit function, fees are involved to cover attorney costs, publications and other related expenses. He further noted that the actual cost would be higher as staff's time was not calculated in the fee schedule. These fees help to cover the costs in maintaining the general order of City Hall. . Aplikowski noted that she would support refunding the fee, and staff should review the rules in the application fee procedures. She stated that as City rules change, the City should notify all parties possibly affected by the change. Hicks asked whether similar situations of that nature had previously been brought before the staff, and whether the I I Ie I I I I I I Ie I I I I I I I Ie I Arden Hills council April 11, 1994 4 other nursery case had requested a reimbursement for fees associated with his Special Use Permit request. Fritsinger noted that Mr. Weiss had paid his appropriate fees associated with his Special Use Permit. Hicks commented that this type of request would probably never come up again as a new business would pay any appropriate fees with the submission of an application. Probst noted that there could be a possibility that an applicant might address the Council 20 years from now and ask for a reimbursement of fees. Malone stated that currently Amoco and Ryder could be in the same situation. He further noted that he appreciated Mr. Goserud's point of view, however, the application process does state there is a fee associated at the time of application, and this fee is necessary for the general welfare of the City. Probst noted there were differences in the Special Use Permit applications from Amoco and Ryder as specific modifications and improvements were requested. The issue with Mr. Goserud's Special Use Permit was that his business was simply a paperwork process to meet ordinance requirements. This was not a request for a Special Use Permit to undertake any modifications or improvements. Person stated that this business started as a smaller business, and probably was not subject to the Special Use Permit process initially. Because of the changes and enlargement of the business, more control now needed to be taken. There had been different changes made over the years to this business, such as adding Christmas tree sales, which resulted in an increase in traffic concerns and some effect to the health and safety of the area. She further stated a public notice process is used through publications in the City's official newspaper under legal notices. After further discussion, Council concurred that this business had, in fact, changed over the years, and that those changes are typical of what had happened to other businesses. The City had not refunded the fee in those cases where other businesses had expanded. Aplikowski commented that a staff review outlining the changes that had taken place over the years would have been appropriate to assist the Council in their considerations of this request. I I Ie I I I I I I Ie I I I I I I I Ie I Arden Hills Council 5 April 11, 1994 MOTION: Hicks moved, seconded by Malone to deny the request to waive the fees associated with the Special Use Permit application. Motion carried unanimously (4- 0) . DISCUSSION AND RECOMMENDATION TO APPROVE 1994 LOCAL #49 CONTRACT SETTLEMENT. Malone noted that the bargaining process had been completed with members of Local #49. The bargaining unit had voted on the contract to be approved through December 31, 1995. MOTION: Malone moved, seconded by Aplikowski to agree to the terms of the contract with Local #49 from January 1, 1994 through December 31, 1995 with the recommended changes to the wage and insurance benefits. Motion carried unanimously (4-0). ADMINISTRATOR COMMENTS Person noted that the Council needed to set a date for a strategic planning meeting. After discussion, Council concurred to set the date for May 2, 1994 at 4:00 pm at the Ramada Inn. Person referred to the memo in the packet from the League of Minnesota Cities asking for the City to support the proposal which does not support term limits at the local level. Malone noted that this is a personal issue and was opposed to taking any type of action, as he believed the issue was a conflict of interest for elected officials. Council concurred. Person noted she would inform the League of their decision. Person referred to the Administrator's memo handed out that evening, regarding the Oak Grove Landfill payments. Discussion followed, and it was noted that the payments had already been considered in the 1994 budget. Hicks moved, seconded by Malone to approve the payments of $26,000 plus interest to the U S Environmental Protection Agency, and the payment of $576.14 to the U S Fish and Wildlife Service in settlement of the Oak Grove Landfill issue. Motion carried unanimously (4-0). Person referred to her memo handed out that evening regarding the Council chambers. It was noted that the MOTION: I I Ie I I I I I I Ie I I I I I I I Ie I Arden Hills Council April 11, 1994 6 Council had previously approved temporary meeting space at New Brighton City Hall, however a more ideal location would be within the City limits. Person noted that she had spoke with Mike Fix at TCAAP and that Mr. Fix had noted that there would be ample room in the Administrator's Building #105 to accommodate a Council chambers. Discussion followed and Council concurred to direct the Administrator to further pursue that location for a meeting site. Hicks commented that at such time the Council chambers would move back into the City, he would request that staff send a letter of thanks to the City of New Brighton for allowing the use of their Council chambers to the City of Arden Hills. COUNCIL COMMENTS Malone commented that NSP had requested the use of space on the north water tower. He noted that Cellular One currently paid the City rent for use of space on the water tower. He asked whether Control Data paid the City rent, as they too use space on the water tower. Staff commented that they were not aware that Control Data paid any rental fees. Staff would research further and get back to Council at a later date. Malone referred to previous comments that addressed the possible change in the Sheriff patrol of Arden Hills, and noted that the Arden Hills squad had previously been used for backup for Falcon Heights and that it was not a new request and not a high concern to him. Council concurred. Malone stated he had a real concern regarding the Planning Commission not meeting a quorum for their April Planning Commission meeting, and the need to reschedule a meeting for April 20. Probst agreed with Malone and stated it was very disconcerting and that it should be discussed at the worksession with the Commission members. Aplikowski referred to the League's request that the City participate in the City Unity Day Rally scheduled for Thursday, April 21. She noted that she was in favor of participating, and could make arrangements to attend. I I I- I I I I I I Ie I I I I I I I Ie I Arden Hills Council April 11, 1994 7 Probst commented that although parts of the sample resolution do not affect Arden Hills, the last three paragraphs of the sample resolution are important issues and clearly need to be addressed. Discussion followed. MOTION. Probst moved, seconded by Aplikowski to approve Resolution #94-32 declaring City Unity Day. Motion carried unanimously (4-0). Aplikowski noted that she planned to attend the April 23 County Commissioner meeting. She would also be attending the May 25, 1994 AMM meeting and the April 14 Human Rights meeting on Hate Crimes. Probst noted that the Parks & Recreation Committee had agreed to pursue major modification changes to Perry Park. This was made as an anticipated proposal project for 1995. Probst asked if a date had been set for the sewer connection on the TCAAP property. Person noted that the final agreement would be forthcoming and she would notify the Council at a later date. Probst noted that the National Guard had requested a sewer and water hookup off of Hwy. 96 as they currently had funding available for this project. They were asking whether Arden Hills had an interest to enlarge the pipe. Winkel noted that he would review the elevation of the manholes, and the best approach to take to accommodate with the project. Malone noted that additional capacity may be needed down stream of the area along old Snelling and under Hamline Avenue. Probst commented that he was very pleased to receive a copy of a letter from resident Joyce Manning thanking the City for handling her problem with the address issue. Person noted that the April 21 Community meeting at TCAAP would be held in the downstairs area of TCAAP Building #105 just to the right of the entrance hallway. ADJOURN: MOTION: Malone moved, seconded by Aplikowski, to adjourn the meeting at 8:44 p.m. Motion carried unanimously (4-0). Dennis R. Probst, Acting Mayor Dorothy A. Person, City Administrator