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HomeMy WebLinkAboutCC 11-28-1994 I I. MINUTES I CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING NOVEMBER 28, 1994 I 7:30 P.M. - NEW BRIGHTON CITY HALL I CALL TO ORDER/ROLL CAT.T I Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:35 p.m. I Present: Mayor Dennis Probst; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, and Susan Keirn. I Also present were: Acting Clerk! Aclmin;<trator, Terry Post; Public Works Superintendent, Dan Winkel; Parks and Recreation Director, Cindy Severtson Walsh; Planning Coordinator, Brian Fritsinger; and Recording Secretary, Ruth McLaurin. I ADOPT AGENDA I. Acting Clerk Administrator Post noted one change to the agenda: item 4.c) should be changed from closed meeting to ~ecial meeting. I Mr. Post indicated after reviewing this issue with the City Attorney, it had been indicated a closed meeting would not be appropriate. Mr. Post indicated if during the special meeting, due to I privacy issues, a closed meeting became necessary, that particular portion of the meeting could be established as closed. I MOTION: Hicks moved and Keirn seconded a motion to adopt the agenda for the November 28, 1994 City Council meeting as corrected. The motion carried unanimously (5- 0). I APPROVAL OF COUNCIL MINUTES I APPROVAL OF COUNCIL MINUTES - NOVEMBER 14, 1994 REGULAR COUNCIL MEETING AND NOVEMBER 17. 1994 WORKSESSION I MOTION: Aplikowski moved and Hicks seconded a motion to approve the minutes of the November 14, 1994 regular City Council meeting and November 17, 1994 I Worksession as presented. The motion carried unanimously (5-0). CONSENT CALENDAR Ie A. Approve revision to certified utility roll. I ~ . .- ,ARDEN HILLS CITY COUNCIL . NOVEMBER 28,.J994 2 B. Schedule additional work session for December 5,1994,5:00 p.m. . C, Schedule special meeting at 6:30 p,m. for December 12, 1994. D. Claims/Payroll. . MOTION: Hicks 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 unanimously (5-0). PUBLIC COMMENTS . Mayor Probst gave anyone who wished to speak at this time an opportunity to come forward. No one at this time wished to speak. . UNFINISHED AND NEW BUSINESS . SURFACE WATER MANAGEMENT urTT .TTY CUSTOMER APPEAL~ .. Bethel College Superintendent Winkel presented a brief overview of the issue regarding Bethel College's appeal . to the utility fees. . Superintendent Winkel indicated the concerns raised by Bethel College are: 1. Street and Highway Right-of-Way exemptions from S. W .M. Utility fees. I 2. Lake surface exemptions from S.W.M. utility fees. 3. Property classified as institutional, but assessed as limited and general industrial business. . 4. The amount of water retained within the Bethel College Property. Superintendent Winkel referred to consulting engineer, Greg Stonehouse to answer any additional . questions. Mr. Stonehouse indicated in regards to the street and highway right-of-ways issue, the streets and . roads within the Bethel College property are not public right-of-way; rather, they are dedicated easements which are comparable to driveway or parking areas and should therefore be included in the calculation of the S.W.M. fees. . Mr. Stonehouse continued, in regards to Lake Valentine, the area of Bethel College property .- within Lake Valentine should no longer be assessed the S.W.M. fee. . . . .- ,ARDEN HILLS CITY COUNCIL - NOVEMBER 28, 1994 3 Mr. Stonehouse indicated although 85% of the current property is undeveloped, the property is . zoned B-1 and, therefore, could have been developed in the past, could be now, or may be in the future. Mr. Stonehouse indicated the S.W.M. utility program assess property based upon the zoning type, not the degree of developed property. . Mr. Stonehouse indicated in regards to the runoff retained within the Bethel College property, . it appears this claim is invalid. Mr. Stonehouse indicated if the property owner can demonstrate that a minimum of 20% of the runoff from the property is both retained and produces no external runoff, a reduction may justified; however, based upon the cursory review, Mr. Stonehouse sees . no evidence of retainage that would justify such a reduction. Councilmember Hick inquired to the CN index number based on B-1 or Limited and General . business, does the applicant feel this number is unrealistic. Superintendent Winkel indicated that was the case. . Mr. Craig Hjelle, Director of Physical Plant and Planning for Bethel College, indicated Bethel College wishes to be fair and only raises concerns for the large utility fees based on incorrect information. Mr. Hjelle indicated Lake Valentine had been included in the calculations and it was .e a mistake which caused almost a $12,000 increase in the utility fees. Mr. Hjelle indicated the information from City staff has been reviewed. Mr. Hjelle indicated . continued concern for the classification of the Limited and Business use when 85% of the property is still undeveloped and the zoning class is made on the basis of up to 75% developed. . Mr. Hjelle indicated concern that there are contradictions, the ordinance states fees will be made on current development and the fees are actually based on future potential development in Bethel . College's case. Mr. James Unruh, consultant engineer for Bethel College, indicated the impervious areas on the . property cover only 15% of the total property. Mr. Unruh concludes the Land Use designation is incorrect, therefore the charge per acre of $50.75 is excessive and should be closer to the charge of a residential rate of $11.94 per acre. . Councilmember Malone indicated the calculations are made based on zoning and not the acmal physical use of the land and currently this property is zoned B-1 or Limited and General Business. . Mayor Probst indicated to the council that they are the appeal board for the utility fee and . inquired as to their desires. Mayor Probst indicated he concurred with the staff report and feels the Lake was mistakenly included in the calculations. .- Councilmember Hicks indicated he agreed with the Lake issue, and was persuaded to agree that the index by which the calculations are made is perhaps too extensive and a classification closer . . I , . . I .- ,ARDEN HILLS CITY COUNCIL - NOVEMBER 28,..J994 4 to the residential rate might be more realistic. . Mayor Probst inquired if 15% of the property is an accurate account of developed property. . Pl.nning Coordinator Fritsinger indicated information was required of Bethel College and after review staff concurs that 15% is reasonable. . . Pl.nning Coordinator Fritsinger also indicated a Special Use Permit had been required of Bethel College in 1978 and a limit of 25% of the property was allowed to be developed, leaving 75% green space. . Superintendent Winkel confirmed with an overhead transparency the Special Use Permit conditions established in 1978, in which item number seven indicates the requirement for . allowing only 25% to be developed. Mr. Hjelle indicated Bethel College is only allowed to develop up to 25%, but is assessed for 75%. . Councilmember Aplikowski concurred with Councilmember Hicks that perhaps an alternate charge could be calculated, in that the property is more of a park-like developm~~t. '. )~!1 . . Q€:~~ln1~~D~f~~one~q~tedfegar~g ~he~ve~biageUsedin~h~ specif~1!~~~~t~-' ~i~~'~tJ . ~ning Coordinator Fritsinger indicated he had not reviewed the planning case and the definitions used in the Special Use Permit and would not be able to establish the thoughts of the . council at that time without further review. Mayor Probst indicated he sensed the council would like more information regarding this issue. . MOTION: Hicks moved and Aplikowski seconded a motion to table the appeal.of Bethel College for Surface Water Management utility fees until a later date. Motion I carried unanimously (5-0). MSI Insurance . Superintendent Winkel indicated no one was present to represent the applicant, the applicant had been notified of tonight's meeting. Superintendent Winkel briefly reviewed the issue regarding . Storm Water Maintenance Fee for MSI Insurance. . Superintendent Winkel indicated staff has reviewed the situation on site and has observed large amounts of water discharged from the pond located on the Southwest comer of the property into the drainage ditch on the east side of Highway 51. Superintendent Winkel indicated he concurs .- with Mr. Stonehouse's recommendation that the appeal for MSI Insurance be denied. . I I I- ,ARDEN HILLS CITY COUNCIL - NOVEMBER 28, 1994 5 Councilmember Malone indicated pictures that have been provided by the applicant are I inaccurate and out-dated. . MOTION: Hicks moved and Malone seconded a motion to deny appeal of MSI Insurance for I Surface Water Management Utility fees. Motion carried unanimously. (5-0). I RESOLUTION 94-64: COUNTY ROAD F TURNBACK FROM RAMSEY COUNTY Superintendent Winkel indicated for the past two years City Staff has had discussion with Ramsey I County relative to the County proposal to turnback several County roads to the City. Superintendent Winkel indicated recent discussions with New Brighton Public Works Director I led staff to believe that New Brighton will be in agreement as to where the termini location would be established between Arden Hills and New Brighton. I Superintendent Winkel recommended that the Council approve Resolution 94-64 that authorizes the turnback of County Road F from Ramsey County to Arden Hills. .. Mayor Probst inquired as to who owns the bridge. Superintendent Winkel indicate he understood that the State of Minnesota owns the bridge and would be responsible for all I maintenance of the bridge. Mayor Probst asked staff to research this further. Councilmember Keim requested a change in verbiage on the resolution to reflect estimated I $390,000 and not state up to $390,000 in all appropriate places. Councilmember Malone also noted a change on the resolution on page one to note on the last I paragraph and addition of and assessments to the last sentence. MOTION: Hicks moved and Keim seconded a motion to approve Resolution No. 94-64; I County Road F turnback from Ramsey County with noted changes. AMENDMENT: Councilmember Malone made a friendly amendment to the motion to I indicate, subject to establishing the ownership of the Bridge located on County Road F. Hicks and Keirn concurred. Motion carried unanimously. (5-0). I Superintendent Winkel indicated this resolution will be presented to the County Board the first week in December. . Ie I . . .- ,ARDEN HILLS CITY COUNCIL - NOVEMBER 28,1994 6 RESOLUTION 94-65: AUTHORIZATION OF COUNTY ROAD F FEASIBILITY . STUDY I Superintendent Winkel indicated staff recommends approval of Resolution 94-65 that orders a preliminary feasibility report for the reconstruction of the County Road F. MOTION: Malone moved and Aplikowski seconded a motion to approve Resolution No. 94- . 65; Authorization of County Road F Feasibility Study. Motion carried unanimously. (5-0). . RE-SCHEDULE SECOND DECEMBER COUNCIL MRF.TING . MOTION: Malone moved and Aplikowski seconded a motion setting the second meeting of December 1994 of the Arden Hills City Council for December 28, 1994, at 7:30 p.m. Motion carried unanimously. (5-0). . SCHEDULE SPECIAL 1995 COUNCIL MRF.TING FOR CITY APPOINTMENTS AND OATHS OF OFFICE. .. MOTION: Malone moved and Aplikowski seconded a motion setting a Special meeting of the Arden Hills City Council for January 3, 1995 at 5:00 p.m. Motion carried . unanimously. (5-0). . ADMINISTRATOR COMMENTS a. Acting Clerk Administrator Post indicated he had forwarded all the applications . received for the position of City Administrator to Councilmember Aplikowski and the total applications were 50. . b. On November 23, 1994, the City received sealed bids for the used Park and Recreation trailer and Johnson Auto Body was the highest bid at $829.00. . COUNCIL COMMENTS Councilmember Aplikowski indicated she and Councilmember Keim had begun reviewing . applications for the position of City Administrator. Councilmember Aplikowski indicated she had established a point system based on the job description and requested the council review the . job description to establish if this still is the council's desire for the City Aclministrator's position. Mayor Probst requested the job description be included in the next council packet. .- Councilmember Aplikowski inquired as to council's direction. Council consensus was for . . . .-. ,ARDEN HILLS CITY COUNCIL - NOVEMBER 28, 1994 7 Councilmembers Aplikowski and Keim to review applicants and provide council with four to . six applicants for the interviewing process. Councilmember Malone indicated he was notified that he was the representative to the Ramsey . County League of Local Governments meetings. He had not been aware of this and had not been attending the meetings. Councilmember Malone requested to be removed as representative and I perhaps since Councilmember Aplikowski frequently attends the meetings, she be the representative. Councilmember Aplikowski indicated she would gladly be the Council representative to this organization. I Councilmember Hicks indicated he would not be able to attend the December 5th worksession or the December 7th Planning Commission meetings. . Councilmember Aplikowski indicated she would attend the December 7th Planning Commission meeting. . Mayor Probst indicated he will be meeting with staff and reviewing committee and commission appointments and should anyone have preferences please notify him. .. MOTION: Hicks moved and Aplikowski seconded a motion to adjourn the meeting at 9:02 I p.m. The motion carried unanimously (5-0). . ~ ~ I Terrance Post Acting City Administrator I NOTICE OF MEETINGS I The next regular Council meeting will be held December 12, 1994, at 7:30 p.m., at the New Brighton City Hall. . . .- I