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HomeMy WebLinkAboutCC 07-25-1994 . . .- . .. . . . . .. . . . . . . . .e . MINUTES CITY OF ARDEN HlT.LIi;, MINNESOTA REGULAR CITY COUNCIL MEETING July 25, 1994 6:00 P.M. - City Hall CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the special City Council meeting at 6:00 p.m. Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Dennis Probst. Also present were: Community Planning Coordinator, Brian Fritsinger; Public Works Director, Dan Winkel; City Administrator, Dorothy Person; City Accountant, Terry Post; Park Superintendent, Cindy Severtson; Recording Secretary, Deanne Guebiaoui. Mayor Probst stated that this special meeting is a follow-up discussion of the budget discussion from the Council Work Session July 21, 1994. Post stated that this meeting would focus on the revenue portion of the budget. Since the work session, he was able to obtain market valuation numbers from Ramsey County and net tax capacity data. There has been very modest growth in 1994 market valuations. In years 1992, 1993, there was a decrease in market valuation because of the reduced valuation of industrial and commercial properties in the City. The 1994 valuations presented are as of July 22, 1994, and do not reflect the impact of any pending petition settlements. Mayor Probst asked if these numbers will be certified by the County in September. Post stated that these valuations are not finalized. The valuation is a dynamic, and the County will incorporate many valuation changes during the budget period. The valuation of industrial properties continues to drop, this year by 12.8%, but it is being offset by the 3.1 % valuation increase in residential properties. It has taken the last couple of years for the fiscal disparities pool to reflect the industrial base reduction of prior years. The net tax capacity from industrial properties may actually stabilize next year. The net tax capacity from residential homesteaded property is anticipated to increase by 2 %. The net increase in operating expenditures is approximately 3%. Efforts will be made to limit the net levy to 4.5~. There is approximately $205,000 in the proposed 1995 gross levy to fund future capital items, including new facilities and capital equipment. This compares to the 1994 budget, when there was $125,000 for future facilities. There has been growth in the general fund levy from 1992 to proposed 1995 from $1.4 million to $1.8 million. What is driving this growth is the funding of future capital items and the continued financial commitment to the pavement management program. , , ,- , I I I I . '. . . . . I . I .e . ARDEN HILLS CITY COUNCn. - JULy 25, 1994 2 Mayor Probst asked what the corresponding expense number is compared to the $1.8 million revenue figure. Post stated that the expense number reviewed at the work session is $2,061,325. Expenditures have since been updated to reflect the elimination of a citizen survey in the Mayor and Council budget ($10,000) and a $2,500 reduction in the category of elections. There was also Council direction to not fund the County Road E right-hand turn lane at $25,000 in 1994, and only fund the required lane sensor changes at approximately $2,600. Post stated that the 1994 net levy increase was 9.94%. The proposed 1995 net levy increase is 4.95%. General fund revenue comes from property taxes and are assumed to be collected with a 5% delinquency. This contrasts with the 1.5% delinquency rate that the City had enjoyed prior to 1993. Information from the League of Minnesota Cities indicates that the 1995 HACA aid from the Local Government Trust Fund may not be able to be funded at 1994 levels. Even though the full amount is certified, it may not all be distnbuted from the State. With the reductions from the fiscal disparities pool in contributions and distnbutions, 1995 fiscal disparities revenue will correspondingly go down. There will be an estimated 12% reduction in 1995 fiscal disparity aid to $109,000. HACA aid is estimated to be approximately $90,000. Other revenues consist of license charges, pennits, fines and forfeits, etc. There will be a reduction in 1995 dog registration revenue because of the number of two-year permits sold in 1994. Another source of revenue will be the sale of equipment items: 1) a one-ton pickup truck and a Toro Groundmaster from the Park and Recreation Department; 2) a half-ton pickup truck from the Public Works Department (on the pickup truck sale, proceeds will be split three ways between the general fund, sewer fund and water fund). Mayor Probst asked if this is the right time to sell the equipment based on its condition, not just because it is on the schedule. Winkel stated that the condition of the truck is such that it should be replaced as part of routine maintenance to avoid any heavy maintenance costs to the City. The heavier one-ton truck replacement is needed as opposed to a half-ton or 3/4-ton in order to plow during the winter. Post stated that another item that will appear in the 1995 budget is state building code surcharges. When the City collects state building code charges, it is collected fee encumber. What is shown in the 1994 budget is the net 4% administrative holdback. However, in 1995, revenues will increase by the amount of collections and expenditures will increase by 96% of the collections. The estimate for state building code surcharges is $8,000. Post noted that there was discussion to fund uncompensated employee absences, which would be approximately $16,000. He recommended consideration of a $50,000 Fire Department capital sinking fund contribution and a $30,000 general fund capital equipment sinking fund. , , ,- , I , . I I 'e I . . I I . I .e . ARDEN HILLS CITY COUNCIL - JULY 25, 1994 3 The attachment to the' memo shows how operating funds would be transferred into these two sinking funds. Mayor Probst noted that last year there was discussion to fund uncompensated employee absences. Post noted that the amount required which would fund the governmental fund liability would be approximately $16,000. Malone noted that the 1995 revenue is $43,000 more than the general fund expenditures. He suggested a line item charge of this amount be added to reflect prior year certified by uncollected taxes. Post stated that if the excess materializes, the uncompensated absence liability could be funded. Malone asked if it would be retroactive or just for the 1995 payroll. Post stated this level of funding would be retroactive including the increment for 1995. After 1995, just the current annual increment would be funded. Hicks asked how the uncompensated absences are handled as a budget item and whether there will be additional expenses when someone leaves. Post stated that an employee with at least 10 years of service can accumulate up to a maximum of 800 hours of sick leave. At the time of termination, one-third of the accumulated sick leave plus vacation or comp time is paid. The maximum amount of sick leave that can be accumulated is 100 days (800 hours), and the maximum that can be paid out is one-third of the maximum accrued, 266.67 hours. Uncompensated absence payments are not presently budgeted for and do increase annual expenses when an employee leaves. Hicks asked if a record of that information is on pay stubs. Post stated that it shows up as it occurs under the "sick leave" category. Currently, all staff are below the 800-hour maximum level. The system will currently not allow more than the 8oo-hour maximum to show on pay stubs. Person asked if there were a referendum, would the Council wish to fund it as an additional item rather than show it as a budgeted item. Malone stated that a referendum should not be budgeted because he does not anticipate that there will be one in 1995. Mayor Probst stated it should not be assumed that a community survey will not be needed in 1995. He had a.recent meeting with TCAAP officials and hopes by October or November the City will know whether or not property will be available for City use from TCAAP. The community survey is a potential vehicle (if property becomes available) to assess how the City wishes to proceed. Aplikowski stated that with new people coming on board, the City is not ready for a survey at this time. The issue of whether or not there will be additional building space needs to be , , ,- , I , I I I 'e I . , I I , I .e I ARDEN BTT.r ."l CITY COUNCll. - JULY 25, 1994 4 resolved, but she does not see that a survey can be done in the immediate future. Malone stated that he is comfortable with the 4.95% budget increase. Mayor Probst asked for the numbers of truth in taxation that will be published and whether they will be certified as the City's maximum on September IS, 1994. Post answered that the 1995 net levy published would be the gross levy less state HACA aid or 4.95%. It would be staff's recommendation for these numbers to be certified, but will be subject to change once the amounts for HACA and fiscal disparities are finalized. He asked for any Council suggestions or modifications as the detailed budget is being fina Ji7P1f . Malone stated that he believes the City is on track and commended the staff for keeping the numbers under control. He is comfortable with the 4.95% budget increase. Mayor Probst asked how much longer the significant amount of commercial tax valuation activity will continue. Post stated that the number of petitions in the county was down in 1994, compared to 1993. New activity also seems to be slowing down. Hicks asked if MSI and Land '0 Lakes have gone through revaluation. Post stated that both taxpayers have successfully petitioned lower market valuations for their industrial property. Mayor Probst stated that he would like to see that when commercial11Ioperties start to sell, there will be some demonstration of strength with valuations moving up. Post stated that until that happens, the City is faced with reduced valuations because of previous and pending petition activity. Hicks asked how many years can be petitioned. Post stated that peitions must be filed for the current taxes payable year and then go through the appeals process, and the process must be repeated for subsequent years. Appeals must be prompt with filing or miss that valuation year. Malone asked if they file every year. Post stated that he is aware of some taxpayers, such as MSI, filing successive petitions. Mayor Probst again thanked staff for their fine work. , , ,- , . . . I . 'e I I . I I , . .- I ARDEN HlJ.I ,0;; CITY COUNCIL - JULY 25, 1994 Mayor Probst recessed the meeting at 6:50 p.m. and reconvened at 7:30 p.m. s ADOPT AGENDA MOTION: Hicks moved, seconded by Aplikowski, to adopt the July 25, 1994 agenda as revised. Motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES - JUNE 16. 1994 AND JULY 11. 1994 June 16, 1994: Page 1: Malone requested that the fifth sentence be stricken. July 11, 1994: Page 2: Hicks corrected the word pumping to piping in the first paragraph, second line. Page 7: Second paragraph should read: "Hicks suggested keeping two lanes at the west end of County Road E and Old Snelling. " Page 10: The next to the last line before Adjournment, should read: "Bridge construction in 1996 is estimated at $713,000. " MOTION: Hicks moved, seconded by Malone to approval the minutes of the June 16, 1994 Council Worksession, and the regular Council meeting minutes of July 11, 1994, as amended. Motion carried unanimously (4-0). CONSENT CALENDAR MOTION: Malone moved, seconded by Hicks to approve the Consent Calendar and authorize execution of allI!PI'.....,..y documents contained therein. Motion carried unanimously (4-0). PUBLIC COMMENTS The Mayor opened the meeting to public comments. There were none. The Mayor stated that the public hearing on Perry Park will be at the scheduled time of 7:50 p.m. . I .- I I I . I I '. I . I I . . I .e . ARDEN HIT.I.s CITY COUNCIL - JULY 25, 1994 UNFINISHED AND NEW BUSINESS PLANNING CASE NO. 93-1SA - RYDER STUDENT TRANSPORTATlONIRECO. 1901 WEST COUNTY ROAD F - SUP 6 Fritsinger stated that this item is a request to operate a school bus terminal at the location of 1901 West County Road F. Recently the Council approved amendments to the Zoning Ordinances to allow consideration of this type of request. The applicant is now requesting a special use permit. Some of the improvements Ryder is attempting to address in the process is to asphalt the parking lot, landscape the east side of the building and remove additional of fuel tanks. Fritsinger stated that the site is approximately nine acres in size. There is an antenna tower near the freeway to the west of the residential area on the east with the school boundary to the south. A pond acts as a buffer to the eastern neighboring residential area. To the west is a significant elevation change which acts as a natural screen. The building itself sits approximately in the middle of the property. It is constructed primarily of metal with two overhead doors which enter from the south. The buses mainly serve the Moundsview School District. Additional service is also provided to Minnehaha Academy and St. Odelia. The number of buses has grown over the years, from 35 in 1960 to 170 vans and buses today. Business hours of operation are from 5:30 a.m. to 6:30 p.m. There are two signs on the building and one in the northwest comer of the lot near the freeway, all of which meet City requirements for business signage. There are 370 parking spaces on site, which includes the 40 spaces in the tennina1 building. There are 175 employees working on the major shift. Fritsinger stated that the number one concern expressed by neighbors is bus traffic on County Road F traveling east. The applicant states that the majority of bus traffic leaving the site should be traveling west, and bus drivers will be so reminded. One resident at the Planning Commission meeting reported a number of accidents on County Road F, and staff contacted the Ramsey County Sheriff's Department who indicated that there is not a significant problem with accidents. Staff conducted an informal traffic count at the comer of County Road F and Old Snelling Avenue during the peak hours (6:35 a.m. to 7:30 a.m. and 1:30 p.m. to 2:40 p.m.). Over 90% of the traffic observed was general vehicle traffic on County Road F, which was backed up in places. The backed up traffic was caused by high volumes and not necessarily related to school buses. Fritsinger stated that residents also expressed concern about the amount of mud being tracked onto County Road F. The applicant has agreed to abandon the one side of the building where mud is a problem and asphalt the remainder of the lot so there will be no parking on unimproved surfaces. The current ordinance states that there will be no off-street parking within 20 feet of the road right-of-way. There are presently eight parking spaces within this right-of-way area on County Road F. The applicant has requested permission to continue using these parking spaces until the time of the County Road F reconstruction. If the City and County have not reached agreement on the reconstruction project within one year, the , , ,e I I I , I I Ie , , I I I , I ,- I ARDEN HILL" CITY COUNCIL. JULY 25, 1994 applicant Win be required to provide standard landscaping. Approximately 21 trees have been proposed to act as a visual screen. 7 The site plan has been reviewed by the Rice Creek Watershed and MNIDOT \)f'1':lOn<p. of the impact to the drainage ditch on 1-694. The City Engineer has indicated that no changes are necessary. The applicant has painted the building and done other minor improvements. There is an underground fuel tank which the applicant is proposing to put above ground to comply with state and federal requirements. All of these issues are addressed in the 16 conditions attached. The Planning Commission has recommended approval of the Special Use Permit and the conditions 1isted under Staff Recommendations, with the exception that a one-year limit will be allowed for 1andscaping around County Road F in anticipation of the road improvement. Malone asked if, under condition No.9, the parking to be allowed for one year pending the County Road F improvement, refers to encroachment. Fritsinger answered, yes. Malone asked if, under item No. IS, the emission odor and level of noise conform to PCA standards. He noted that at the meeting in May, residents stated that the noise from work in the garage could be heard very distinctly when the doors were open. He stated that he would expect the applicant to keep the building closed during regular working hours as a good neighbor gesture, even if the work is not in violation of PCA standards. Fritsinger stated that at the public hearing residents requested the applicant to consider electrical outlets to prevent pollution. Residents also stated that the odor problem should be a primary concern. The odor is especially bad on cold days when the buses have to idle before they can be driven. There is no specific research regarding odor on summer days. The research was done during early hours in the winter when it is most noticeable. Hicks noted that in the calendar year, there are 60 days with the temperature low enough that the buses have to be warmed up. One of the recommendations from the P1anning Commission is to have the company invest in a study of electrical outlets or engine warmers. There was a lengthy discussion among Planning Commission members whether or not to suggest having the company report to the City staff or Council on those findings. He stated that he would be uncomfortable leaving No. 15 open ended to let the applicant only provide some direction of investigation into the problem. Fritsinger stated that from the {leispective of staff, the findings would be valuable information for the City. Hicks asked in a normal temperature year, how many days would be severely cold enough to cause the odor problem. Mr. Brabender answered, approximately 15. Hicks asked if there will be a park dedication on this site, and if not, could it be assessed I . .e . . . . I I I. I I I I . I . .e . ARDEN HILLS CITY COUNCIL - JULY 25, 1994 8 retroactively? Fritsinger stated that originally the site was part of New Brighton in the early 1960's. No research has been done regarding any park dedication. Hicks asked what the maintenance shop hours are for the business. Mr. Brabender stated that the shop hours are from 5:00 a.m. to 10:00 p.m. If there is a backlog, the shop may be open longer, but generally it is closed by 10:00 p.m. He added that all the buses are started at the same time in cold weather to make sure they start. If buses do not start, the school is notified immediately so children are not left waiting on the streets. Electric plug-ins do not solve the problem because the fuel line is not kept warm. Most of the problems are on cold morning when the odor tends to linger. On mornings that are not severely cold, the odor tends to dissipate faster. Aplikowski stated that neighbors have spoken to her about their concern with leaving investigation options open ended under No. 15. Air quality is a primary complaint. Residents feel that the Council has permitted Ryder to operate without addressing with neighbors' requests and concerns. She favored the idea of a report on an investigation of options to consider. MOTION: Malone moved, seconded by Hicks to authorize the issuance of a special use permit to Ryder Student Transportation with the 16 conditions of the permit as set forth by the Planning Commission, which includes the amendment to No. 9 (as stated in their notes of July 6, 1994), stipulating that if there is no action on the County Road F reconstruction improvement after one year, the parking encroachment on the roadway right-of-way will be eliminated with required landscaping completed to meet City standards. Hicks amended condition No. 15 to state that the company will investigate and discuss with staff options (by December 1, 1994) for monitoring and reducing potential air pollution due to running vehicles for an extended period of time in cold weather. Malone accepted the amendment. Discussion: Hicks stated that probably the most applopriate resolution would be to have a five-year sunset clause that lets the owner of the property and lessee of the property give sufficient time to plan ahead for an alternate site of operation. This is a difficult issue to decide. While there is considerable improvement in how the operation is run, he personally would prefer to see a different end solution than issuing a special use permit. I I .- . . . . . . .e . . . . . . . .e . ARDEN HILLS CITY COUNCIL - JULY 25, 1994 9 Mayor Probst stated that staff, the Planning Commission, and the applicant have reached a reasonable compromise. He commended everyone involved for their tenacity to work through this difficult situation. Aplikowski stated that rather than having the company have a five-year sunset clause, she would prefer to see the company put money into a new building that would further enhance the property. She thanked the company personnel, neighbors and staff for coming together with a compromise solution. The motion carried unanimously (4-0). PUBLIC HEARING PERRY PARK IMPROVEMENT GRANT Mayor Probst declared the public hearing to be open at 8:15 p.m. Public comments will be taken after the staff presentation. Ms. Cindy Severtson, Park and Recreation Director, stated that the Park and Recreation Committee discussed several improvements for Perry Park. Staff is in the process of applying for a grant from the Minnesota Department of Natural Resources, which requires a public hearing. The grant could possibly fund up to 50 pelcellt of the possible redevelopment. The planned improvements are estimated to cost approximately $400,000. There are a number of problems that currently exist at this park: 1. Parking is located between the fields. There is an inadequate amount of parking, and safety issues arise as participants and spectators run between cars to get to other fields. 2. A second major concern is the overlapping of the two outfields. Players from both outfields overlap one another and, on occasion, collide with each other. This is definitely a safety hazard. 3. Another problem that exists is the fact that the two sides of the park are at different levels. The south side is approximately four feet higher than the north side of the park. The City is running into already possible existing ADA requirements. 4. There is a problem with the existing play area located at the back of the park on the east end in a secluded area, which is not very accessible. There have been comments from parents who are uncomfortable leaving their children in the area to play. 5. The erosion which continues to occur at the. east end of the park is yet another problem. The City is, in fact, losing park acreage due to erosion. Efforts to stop I I I- I I I I I I Ie I I I I I I I Ie I ARDEN Hll.LS CITY COUNCll. - JULY 25, 1994 10 erosion have not been successful. Staff is proposing that grant funding be used to eliminate the erosion problem by leveling off the entire site. The configuration of the site would be changed to include four ball fields with the parking area near the entrance of the park. Ball fields would not overlap, and parking spaces would be increased from 80 spaces to 100 spaces. The play area would be moved adjacent to New Brighton Road next to the warming house. The warming house and hockey rinks would remain as they are today. The driveway would not be moved, and the trees along New Brighton Road would remain. Mr. David Sand, Chair of the Park and Recreation Committee, introduced other members of the Committee who were present: Megan Ricke, Lynette Kreidler and Dorothy McOung. He stated that for years the Committee has hoped to find a way to increase the number of ball fields in the City to accommodate the tremendous need. It was hoped that the arsenal property would be opened, but year after year the arsenal property is not available. With the need for safe, accessible ball fields in the City, Perry Park is a natural choice because it is the closest thing the City has to a community park. It is used by more softball teams than any other park in the City and lends itself to the proposed adjustments. With this pinwheel layout effect, the park will be safer, offer additional parking, and add lights to two ball fields which would extend the playing time. Four layouts were considered, and this one is the best use of the property. Mr. Sand stated that the City's contribution to the cost of the redevelopment of Perry Park is contingent upon receipt of the grant award. The City would match the amount of the grant. If the grant is not sufficient to cover the costs of the proposed improvements, the Committee will address the issue at that time. He commended Ms. Severtson for her hard work and hopes the grant application will be successful. . Hicks asked if the plan addresses erosion and if surface water could be converted into piping. Ms. Severtson stated that with redevelopment, a storm sewer would be put in with curbs and gutters. That work is already included in the price estimate. Erosion will be addressed by leveling the site so the water can be channeled. Hicks asked the rationale for the granting agency to fund this project. Ms. Severtson stated that reasons to fund these improvements include: alleviating safety hazards, compliance with ADA requirements, prevention of soil erosion and the extended use of ball fields with lighting. Fritsinger stated that one of the criteria considered by the State is the amount of activity and usage by the residents of the community. This is a unique situation where the school has its recreation programs at this park site. That will be a factor of consideration. It also has more activity than a neighborhood park. rJ I I- I I I I I I I. I I I I . . I .e . ARDEN HILL~ CITY COUNCIL - JULY 25, 1994 11 Mayor Probst noted that the proposed resolution must be included with the grant application. He asked if anyone would like to speak in opposition or offer any further comment. .There was no further comment, and Mayor Probst closed the public hearing. MOTION: by Malone, seconded by Aplikowski, to adopt Resolution No. 94-40 certifying that the City of Arden Hills may enter into an agreement with the State of Minnesota for the above-referenced project, and to execute the DPI'P4l"'"}' agreements to apply for the grant. The motion carried (4-0). CASE NO. 94-18. MCCLUNG FOURTH ADDmON - FINAL PLAT Fritsinger stated that Mr. McClung has submitted a final plat for a nine-lot single family subdivision, McClung Fourth Addition. The plat is in compliance with the subdivision ordinance. The Planning Commission approved the final plat, subject to City review of all documents. Staff is working on preparation of the Developer Agreement. Building specifications have been completed and reviewed by the City Engineer who has indicated that everything is in order. The City Attorney has reviewed the abstract title which is also in order. The contract with the developer would require two lots set aside as security for completion of the project. Upon a letter from the City Engineer indicating satisfactory completion, the two lots would be released back to the applicant for development. One other item is that the developer will be maintaining the street during the winter. A certificate of occupancy will not be issued until a letter is received from the City Engineer indicating that the road improvements are satisfactory. Malone noted that the lots are oddly and irregularly shaped with substantial drainage easements. It is to be noted that the irregularities and required drainage easements are not to be considered on their own as evidence of hardship for future variances. He also requested that the developer pay particular attention to the utility trenches to avoid any settlement. Hicks asked which two lots will be held by the City as security. Fritsinger answered, Lot Nos. I and 2. He concurred with Councilmember Malone's statement that the drainage easement and wetland delineation not be sufficient evidence of hardship in the future for consideration of variances. MOTION: Malone moved, seconded by Hicks to approve the final plat for the McClung Fourth Addition, subject to fifla1i:nltion of the development contract, noting the somewhat odd-shaped lots and drainage easements that are not to be considered in and of themselves evidence of hardship for future variances. The motion carried unanimously (4-0). rJ I I- I I I I I I Ie I I I I I I I .e I ARDEN HILLS CITY COUNCIL - JULY 25, 1994 12 CASE NO. 94-17 - CPI - SITE PLAN REVIEW Fritsinger stated that the site plan review has been submitted for the CPt building expansion. It is not the same plan as was previously shown on their master plan. It is smaller in magnitude and extends to the south rather than to the east Originally, it was shown as a two-story building. The plan for this expansion is a single story. Access to the site is only along the north side of the building. The smaller access from the east has been eliminaterl. Efforts will be made to match the exterior with the existing building. The brick originally used is no longer in stock, but the brick that has been chosen is a very close match. The current asphalt will be sodded and trees planted. The plan does comply with all landscape ordinance requirements. Additional entry doors will be constructed on the west side of the building to provide additional access. They will be a dark brown brick to match the main entrance. All of the roofing mechanical equipment will be screened to match what is on the existing building. This building expansion does cause the loss of four parking spaces on the north side of the building but will still comply with ordinance requirements. The Planning Commission recommended approval of the site plan as presented. MOTION: Hicks moved, seconded by Aplikowski to approve the Site Plan Review for Case No. 94-17, including construction material differences and the building orientation difference for CPI. The motion was unanimously approved (4-0). CASE NO. 94-19 - ZONING ORDINANCE AMENDMENT - OPEN SALES LOTS Fritsinger reported that there have been ongoing discussions over the last year about changes to the merchants ordinances to clear up confusion between itinerant vendors on open sales lots and how they are applied under existing ordinances. Staff is proposing a change in the definition of retail sales by adding the following to the end of that definition: "and open sales lots not included in the definition of retail sales." It has not been clear that open sales lots are not allowed in Arden Hills. The Planning Commission unanimously approved this amendment to the ordinance. Consensus of the Council was to request staff to present the amendments of both the ordinance and the Land Use Chart in the form of resolutions on the Consent Calendar for the next Council meeting. I I .- . . . . I . .e I I I I I I I .. I ARDEN HILLS CITY COUNCIL - JULY 25, 1994 13 APPROVE AMENDMENTS TO CHAPTER 18 REGARDING PEDDLERS. SOLICITORS AND TRANSIENT MERCHANTS AND CHAPTER 18 OF THE ARDEN HILLS MUNICIPAL CODE REGARDING THE APPROVING BODY FOR LICENSES Fritsinger stated that staff is proposing the following amendments to Chapter IS of the Municipal Code in Ordinance No. 296. The first is to redefine Transient Merchant in Section lS-03 with regard to open sales lots to clear up confusion. Section IS-13(A)(B)(C) is changed to lS-14(A)(B)(C)(D) Prohibited Practices, including a definition of open sales lots where peddlers, solicitors or transient merchants are not permitted. Also, appropriate changes should be made to Chapter 13, where the City Administrator is given authority to approve requests from peddlers, solicitors and transient merchants, so that it is consistent with the amendments in Chapter IS. Person stated that for the sake of clarification, a synopsis memo will be prepared with the final resolutions and ordinance changes and put on the Council agenda for August S, 1994. BETHEL COLLEGE - REOUEST FOR EXTENSION OF USE OF A TEMPORARY BUILDING Fritsinger stated that in 19S9, Bethel College was given approval to locate a temporary office building immediately north of the new Community Life Center, for office space use through October 1994. The intention was to remove the temporary building when new office space was constructed as part of the Community Life Center. For budgetary reasons, the office space was not built. The college has continued to have enrollment increases and a demand for office space. An existing housing building was to be converted into office space, but that is not feasible with increasing enrollment. At the present time the college is working with a professional firm to update and revise their master plan, and they have requested an extension of the approval to use the temporary office building until October 1995. A number of improvements have been done to the facility with walkways and siding on the building to make it look natural and part of the campus. Staff is recommending approval of the request. Mayor Probst noted that Bethel College has been a good citizen of the community and has attempted in all cases to work with the City. He was serving on the P1anning COInmis.qion when this temporary building was approved with some consternation about how long it would be until the new building would be built. It would be appropriate to express this frustration to Campus officials. Fritsinger stated that a representative from the college was planning to attend this meeting but due to a conflict was unable to come. Hicks noted that the building is reasonably attractive and well kept, and that there are probably good logistical financial reasons why they were unable to get the office space that I I. I I I I I I . Ie . . . I I I I .e I ARDEN HILLS CITY COUNCIL - JULY 25, 1994 14 was planned. MOTION: Hicks moved, seconded by Aplikowski, to approve the request from Bethel College for an extension of use of their temporary office building until October 1998. The motion was approved unanimously (4-0). APPOINTMENT OF ROBB CARLSON. .JR. TO ECONOMIC DEVELOPMENT COMl\1.1Tl'EE MOTION: ApIikowski moved, seconded by Malone to approve the appointment of Mr. Robb Carlson, Jr. to the Economic Development Committee. Discussion: Person stated that for the last two resignations, there has been a request for more discussion. Aplikowski stated that Mr. Carlson comes with experience in marketing and sales, which is what the City is looking for in the development of brochures. He has attended the last several meetings and has been a very good addition and works well within the group. Mayor Probst appointed Mr. Robb Carlson, Jr. to the Economic Development Committee. MOTION: Malone moved to correct the above motion, seconded by Hicks that the Council ratify Mayor Probst's appointment of Mr. Robb Carlson, Jr. to the Economic Development Committee. The motion was unanimously approved (4-0). UPDATE ON COUNTY ROAD TURNBACKS AND COUNTY ROAD F Winkel reported that staff attended a meeting with Ramsey County officials on July 20, 1994, to discuss road tumback options. There are four options available to be used for any given street. Previous to this meeting Option No. 2 has been approved by the Board of County Commissioners. The City has received an update from the County on its proposal to finance County Road F reconstruction. There is a new bill by the Legislature that was passed which aIlows the municipality to put up to 20% of state aid streets and County will provide money for repair of the streets. It allows the City to enter all of the County tumback streets on the MSA system above and beyond the 20% limit. Depending on how much activity there is in the next then years, the City could potentialIy have between 10 and 12 miles of streets on the MSA system. That will increase the City's annual allotment for construction and maintenance fees, which will aIlow more work to be done on other streets. Winkel suggested that the viable option for County Road F is Option No.2, where the . . .e . I I I I I I. I I I I I I I I- I ARDEN HILLS CITY COUNCIL - JULY 25, 1994 15 . County would look at a reconstruction program and give the City its percentage of the cost, which is now $408,000 compared to the $168,000 the County was willing to contribute previously. The idea still needs further research and verification before negotiating with the County for tumback roads. Winkel stated that the County Road F reconstruction is a top priority and that staff will continue to gather information regarding the tumback from the County to the City. Mayor Probst asked what the percentage roads are on the MSA system. Winkel stated that until this new bill, there were approximately 2,500 miles of road in the state. MNIDOT decides how much mileage can be put on the MSA system. He stated that if his calculations are correct, the City can add two more miles of street to MSA in addition to the County tumback streets which could be up to four or five more miles. Staff will bring a proposal to the Council. Mayor Probst asked who would do the engineering on reconstruction. Winkel stated that City engineering staff is working on County Road F which is included in the costs. Also, the County could schedule Stowe Avenue to be completed within three or four weeks. The County does not believe there are any drainage issues on the east portion of Stowe Avenue. Mayor Probst stated that his concern is that he knows the County is also anxious to move forward on 1995, which will require a significant contribution from the City, easily $500,000. The City must act cautiously so as not to deplete MSA funds. He encouraged staff to move forward with tumback issues as rapidly as possible, as this is an OppOd\lIlity to get some work done and put the City in the best position possible for County Road F and Stowe Avenue. He requested identification of MSA mileage and what will be permitted. Those funds can be used for roadways and other improvements related to roadways. The Council may want to consider. other road improvements, trails and other kinds of amenities. Winkel stated that the City's balance is approximately $350,000 in the construction fund plus anticipation of $150,000 next year, which will bring the City's MSA balance to $500,000 in the next several years. Mayor Probst noted that the City needs to identify funds for County Road F. If Stowe Avenue has cold recycling work done, the life of the street would be 15 years. As a matter of policy, reconstruction should include curb and gutters to upgrade the road for long-term value to the community. If the cold recycling is done, the City's contribution would come out of pavement management funds or MSA, and there are limited dollars in both funds. Hicks suggested letting the County do the cold recycling work which would delay any cost to the City or assessments to residents for at least 12 years rather than the City incuIIing County reconstruction, a portion of which would be assessed. Financially, it makes sense to I I .e I I I . I I Ie . I I I . I . .- I ARDEN HTI.J S CITY COUNCn. - JULy 25, 1994 let the County do the cold recycling replacement this year and face other problems in the future if residents are in agreement. 16 Aplikowski stated that many people do not want curbs and gutters because they change the whole flavor of the street. She agreed with Councilmember Hicks and stated that if the only reason for reconstruction is to put in curbs and gutters, she would not support it. Mayor Probst stated that another concern is the precedent of coming back in 1998 to do the other section of Stowe Avenue and assessing residents who will ask why their portion is assessed and this one was not. The logic behind the assessment program is to share costs and recognize the benefits. He stated that he is uneasy with this work being free while everyone else is paying 50% of the cost. Hicks agreed but stated that everything is not always equal, and this is an opportunity. Residents not assessed this time will have assessments in the future. Malone stated that there is a compelling reason on the westerly portion of Stowe Avenue to put in sanitary sewer which would necessitate reconstruction. However, he is unsure the City can afford to reconstruct Stowe Avenue with the cost of County Road F. Therefore, he would lean toward having the cold recycling work done. Hicks asked if the County is pressing for a decision on Stowe Avenue. Winkel stated that they would like to do the work within three to four weeks. Hicks requested that comparative figures be brought to the next Council meeting on reconstruction costs and cold recycling costs and how each fits into next year's budget. Then the Council can make a decision to give the County in sufficient time. Mayor Probst requested additional commentary on the advantages and disadvantages on both sides of the issue. He requested that residents on Stowe Avenue from Lake Johanna Boulevard to New Brighton be invited to the meeting so they will have an opportunity to hear the comments. DISCUSSION OF CURRENT COUNCn. VACANCY Mayor stated that if the Council tries to fill the one vacant Council seat, with the application. process, the earliest someone could be seated would be September, which would give that person two months to get caught up to speed before the election. His presumption is that the person receiving the most number of votes in the election is the person elected. If the appointed person did not run or would run and lose the election, the seat would change after four meetings. Perhaps from the standpoint of a quorum, the Council would wish to fill the vacancy, but learning everything in four meetings does not do anyone justice. It is important I I I- I I I I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCn. - JULY 25, 1994 17 that the Council declare publically the intention of the Council so those interested in the vacant seat can plan accordingly. Aplikowski stated that she has mixed feelings. The idea of asking a fonner Councilmember to fill in was discussed. The Council could get someone who is interested in running and give them a headstart. That seems an undue advantage. She would agree to leaving the seat vacant if everyone can attend meetings. Consensus of the Council was to the seat remain vacant until after the election. Winkel asked if the resolution on the memo regarding the pickup truck and water van that was passed under the Consent Calendar includes approval of the updated new bid prices on the pickup and water vans. Councilmembers agreed that the resolution included approval of the new bid prices. Aplikowski asked if the deadline for the grant application for the park is July 29, 1994. Person stated that the date should be July 25, 1994. Also the title should be corrected to be action by the Director to carry out the paper work. Person reported a question re: Council intent from City Attorney Filla of a letter from Mr. Timothy Nelson, Everest Property Management Company, regarding a 6-inch curb encroachment of the setback area at 1275 Red Fox Road. The property is in the process of a sale and the purchaser has raised the issue of the 6-inch curb encroachment. The City has determined this to be a minor item with no Council action or change being required. Person stated that there have been discussions with TCAAP officials on renting space for Council meetings. She asked if the Council wishes to pursue an agreement. Aplikowski stated, and Councilmembers concurred, that staff has worked hard on this item, and it should move forward so there is no lost ground. Malone stated that there is an ad hoc outfit advertising used cars for sale and other recreational equipment at the northwest comer of T.H. 96 and Highway 10. People are parking cars on the highway to shop. Fritsinger stated that the County and the Sheriff have been contacted about the problem. The County will be posting more "No Parking" signs. Malone suggested that the City look into an alternative method from the Sherifrs Deputy of delivering Council packets due to Arden Hills being the only City using this type of delivery. Mayor Probst noted the issue of the Arden Manor swimming pool on the agenda at the last meeting and requested an update. I I .e I I . I I I I. I I . I . . . .e I . ARDEN HIT.V; CITY COUNCIL - JULY 25, 1994 18 Winkel stated that the pool has been drained and cleaned, and it appears that it will be repaired. By consensus of the Council, the August work session was scheduled for August 18, 1994. Mayor Probst thanked Councilmembers for their vote of confidence in allowing him to fill out the remainder of Mr. Sather's tenn as Mayor. ADJOURNMENT ~];:. __ b,_ tooljomn ;:;"9'48P'~ Mayor Dennis A. Probst Dorothy son, City ~~