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HomeMy WebLinkAboutCC 09-29-1997 MINUTES CITY OF ARDEN HILLS, MINNESOTA . REGULAR CITY COUNCIL MEETING SEPTEMBER 29, 1997 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS CALL TO ORDERJROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Dale Hicks, Susan Keirn, and Paul Malone. Absent: None. Also present were: City Administrator, Brian Fritsinger; Community Development Director, Kevin Ringwald; Parks & Recreation Director, Cindy Walsh; Public Works Superintendent, Dwayne Stafford; City Engineer, Greg Stonehouse, Administrative Secretary, Sheila Stowell; and Recording Secretary, Carla Wirth. ADOPT AGENDA . MOTION: Keirn moved and Aplikowski seconded a motion to adopt the agenda for the September 29, 1997, Regular City Council meeting as presented. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. September 8, 1997, Regular Council Meeting B. September 15, 1997, Council Worksession Meeting Councilmember Malone requested the following changes be made: September 8,1997 minutes: Page 6, 5th paragraph: "Councilmember Malone noted the costs seemed to fluctuate. . . " September 15,1997 minutes: Page 3, 4th paragraph: "Council directed Staffto continue. . ." MOTION: Aplikowski moved and Keirn seconded a motion to approve the September 8, 1997, Regular Council Meeting minutes and the September 15, 1997, Council Worksession minutes as amended. The motion carried unanimously (5-0). . ARDEN HILLS CITY COUNCIL - SEPTEMBER 29. 1997 2 ~ CONSENT CALENDAR A. Claims and Payroll MOTION: Malone moved and Keirn seconded a motion to approve the Consent Calendar as submitted and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). PUBLIC COMMENTS Mayor Probst invited the audience to address the Council on any issue not already on the agenda. Lois Rem, 1670 Glenview Court, read a prepared statement indicating her disappointment with the Council's recent action to hire a consultant to design a new City Hall on TCAAP property rather than on City-owned property. She asserted this will result in delay and possibly additional costs for redesign, furniture, equipment, and possible loss of employees since the current City Hall is untenable. She also expressed concern that the Council didn't address employee recognition at a recent meeting. Ms. Rem asserted that the Council is not abiding by Statute since the Council meetings are not . held within City boundaries. She stated the Council is also not observing deadlines which they have established with regard to construction of a new City HalL Ms. Rem asserted the City has already purchased land and set aside money for the building so it makes no sense to wait for land (TCAAP) that may never become available or may cost more than it is worth. She encouraged the Council to reconsider and challenged them to do what is right before it is too late. No one else appeared to address the Council for Public Comments. UNFINISHED AND NEW BUSINESS A. Northwest Youth & Family Services Presentation, Kay Andrews Kay Andrews, Director of Northwest Youth & and Family Services (NYFS), stated it is a pleasure to present information about their programs and the City's relationship with NYFS. She introduced David Everest, Program Director, and explained he would present additional program information. Ms. Andrews reported that their building is now fully leased which has improved their financial position. She stated their Board of Directors had reviewed the loint Powers Agreement (JP A) and found it was outdated. The lP A has now been revised and submitted to the City's attorney for review and comment. Ms. Andrews explained that while Arden Hills has never formally signed the lP A, they have participated in the programs by assuring the proceeds from the City's charitable gambling operations go to these programs. . Ms. Andrews advised the new lP A would ask each City to provide $1.20 per capita for services to be provided to their residents. That rate would then be adjusted annually to reflect inflation, --- ARDEN HILLS CITY COUNCIL - SEPTEMBER 29. 1997 3 . unless additional requests are brought forward. Based on this formula, the commitment to Arden Hills this year would have been $11,075 and in 1998 the rate will be $11,408. Ms. Andrews stated she had requested a 3% increase which would have only increased the Arden Hills portion by one dollar. She explained the issues being reviewed by the City's attorney with regard to liability and reported the response has been very positive. Ms. Andrews explained the lP A maintains the same relationship between the cities and Board of Directors with each city having one representative on the Board of Directors. She stated the agency is doing well and programs are expanding since their move to a more central location which is also more accessible. Mayor Probst inquired regarding the contribution amounts and asked if the per capita formula equals about what the City had been contributing. Ms. Andrews reviewed how past contributions were based and explained that over time it has become somewhat skewed. When the .TP A was being reviewed, the Board decided to base the contribution on a per capita amount. David Everest, NYFS Program Director, stated it is a pleasure to meet the Arden Hills Council and to have worked with several members as they represented Arden Hills on the Board of Directors. Mr. Everest then summarized the trends they have seen and the impact to Arden Hills residents. He provided an explanation of the various programs they offer and pointed out they . have already served the same number of youth as served last year. Mayor Probst inquired regarding what the experiences have been. Mr. Everest explained that the percentage of Arden Hills is very small when compared to other communities. But when compared to itself from last year, participation has increased significantly in those services. He advised they will do more diversion work with first time youth offenders than done any other year in the history of the agency. Mayor Probst thanked Ms. Andrews and Mr. Everest for making this presentation. Mr. Brian Fritsinger, City Administrator, advised that staff will be working on these issues and Attorney Filla is reviewing the lP A. At the next meeting, Staff will provide a history on the City's participation with the lP A and rationales for the positions taken by the City. Mayor Probst pointed out that the 1998 budget anticipates funding this service the same as in the past. Mr. Fritsinger explained that the request for funding from NYFS comes early in the year and is then referred to charitable gambling. He reported that two charitable gambling organizations have already indicated they will do the same in 1998. . ____n_ ARDEN HILLS CITY COUNCIL - SEPTEMBER 29.1997 4 . B. Planning Cases 1. #97-18, Gerald Sievers, 3224 Lake Lane, Variance Mr. Kevin Ringwald, Community Development Director, slated the applicant is requesting approval of variances for a front yard setback and size of an accessory structure to allow for the construction of an addition to an existing detached garage. The existing garage has an existing front yard setback of five feet and is 572 square feet in area. The applicant's addition would also have a front yard setback of five feet and would be 312 square feet in area. The minimum front yard setback as required by the Zoning Ordinance is forty feet and the maximum size of an accessory structure is 728 square feet Mr. Ringwald displayed an overhead showing the applicant's lot, location of existing buildings, and the proposed addition. He noted this property is extremely small and, in addition, a severe grade from the street level to the home also needs to be addressed. Mr. Ringwald advised that the Planning Commission, on September 3, 1997, recommended approval of the five foot front yard setback variance (including the existing garage), and the size of an accessory structure 884 square feet variance based on the "Findings-Front Yard Setback and Size of Accessory Structure Variance" identified by staff and subject to the following two conditions: . L No other accessory buildings be constructed on this property. 2. Compliance with the proposed plans as shown on Exhibit A pages 2 01'7 and 301'7 of the Staff memorandum to the Planning Commission dated September 3, 1997. Councilmember Malone agreed this is a very small lot and noted that the existing garage is already out on the street so there is no significant impact on neighbors. He asked if there is only a 2.5 foot sideyard. Mr. Ringwald stated this is correct on the south side of the garage with the north side of the garage meeting the required ten foot setback. Councilmember Malone inquired regarding the rationale to consider the square footage variance. Mr. Ringwald explained that locating an accessory building in the back yard would also require a variance. He explained the applicant would like additional storage area and it seems reasonable to add it to the existing accessory building since locating it anywhere else on the site would require a variance. Councilmember Malone stated he agreed with the rationale to consider a front yard setback. However, he questions the rationale for considering the 884 square foot variance. Mayor Probst stated he is usually not favorably disposed to variances. But, in this case, it would be difficult to attach the garage to the house. Councilmember Malone asked how a future request for an accessory building square foot . variance would be addressed. Mayor Probst stated if that lot had similar restraints and that applicant could demonstrate a hardship, it could be considered. ARDEN HILLS CITY COUNCIL - SEPTEMBER 29. 1997 5 . Mr. Ringwald stated the applicant could construct a six-foot addition onto the side of the garage without the need for a variance. He stated that, perhaps, the property itself may be the rationale to consider a square footage variance. Mayor Probst noted that the Council did talk about how to deal with situations in some of the older sections of Arden Hills where residents want to upgrade their property. Councilmember Hicks inquired regarding the request for a five-foot variance to the front setback and asked what the distance is between the existing garage wall and the proposed wall including the new steps. Mr. Ringwald explained that 12.5 feet are left, excluding the width of the steps. Councilmember Hicks stated he considers the steps to be a permanent part of the structure and, based on the drawing, both the existing garage walls will be closer to the lot lines than the house is. Mr. Ringwald reviewed the setback distances for each structure and advised the City usually does not consider sidewalks or steps as permanent structures which need to meet the side yard setback for accessory structures. Councilmember Hicks asked ifthe applicant can increase the existing garage by six feet without a square footage variance. Mr. Ringwald stated this is correct and noted that a five-foot front yard setback would still be needed. . Councilmember Hicks noted the garage probably cannot be attached to the house due to the steep grade. Mr. Ringwald agreed there would be a grade separation between the garage and the house. Councilmember Aplikowski asked if the current garage can house two cars. Mr. Ringwald answered affirmatively and provided a drawing of the proposed front garage elevation showing the use of a two-car garage door plus a service door to access the storage area. Councilmember Aplikowski stated she supports variances for older homes which allow the occupant to upgrade and remain in their home. She stated she would favor the requested variances. Councilmember Malone stated this characterization may not be accurate since the City does need rationale to consider a variance. He stated he does not believe rationale is present for the square footage variance request and, without that rationale, the City would invalidate the Zoning Ordinance. Mayor Probst noted the footprint ofthe house is less than 1,200 square feet and to be able to store items, there needs to be a reasonable location. Also, this lot is not even near the typical size of a residential lot . Councilmember Malone pointed out that even with a larger sized lot, the allowable square footage is the same. ARDEN HILLS CITY COUNCIL - SEPTEMBER 29. 1997 6 . Mayor Probst noted that a larger lot could accommodate an attached garage plus a detached garage of 728 square feet. However, this is not an option for the applicant due to the small size of this lot. Councilmember Malone reviewed that a standard sized lot would accommodate a standard two- car garage of 576 square feet plus a detached 728 square foot accessory structure. However, with this lot, that is not possible and may be the rationale to allow a variance. Councilmember Hicks noted there is 20 feet between the garage and house. He asked if this area could be used to attach the garage to the house. Mr. Ringwald explained this is not an option since the elevation of the garage roof is lower than the elevation of the house floor. MOTION: Malone moved and Hicks seconded a motion to approve Planning Case #97-18, Variances requested by Gerald Sievers, 3224 Lake Lane, for a thirty-five foot front yard setback variance based on the findings that the front yard setback variance merely continues an existing situation and has no impact to neighbors and approval of a variance to allow an 884 square foot accessory building based on the rationale that with a typical sized residential lot, the opportunity exists for an attached two car garage of approximately 550 square feet plus an accessory . structure of 728 square feet and the applicant has indicated that 884 square feet will meet their purposes yet places less square footage of building on the lot, and subject to the two conditions as stated above. The motion carried unanimously (5-0). C. 1996 Trail Improvements (Thor Construction), Final Pay Estimate Ms. Cindy Walsh, Parks and Recreation Director, reviewed that the trail project was contracted out to Thor Construction for $99,906.20. In the previous two pay estimates, the City had retained $5,286.61 for work not yet completed. The punch list items for the 1996 trail project have been completed and the final pay estimate to Thor Construction is for $12,775.82 which includes the $5,286.61 retainage as well as the additional work that has been completed. This brings the total construction cost to $98,902.08. Staff recommends the Council approve the final pay estimate. Mayor Probst noted that this amount is about $1,000 below the original bid estimate. Ms. Walsh stated this is correct. She reported the contractor has come back several times to correct problems as a result of rain and quality of work. MOTION: Hicks moved and Aplikowski seconded a motion to approve the Final Pay Estimate for the 1996 Trail Improvements requested by Thor Construction in the amount of$12,775.82. The motion carried unanimously (5-0). . ARDEN HILLS CITY COUNCIL - SEPTEMBER 29 1997 7 . D. Gateway Business District (GBD), Sale and Purchase Agreement/Naegele Outdoor Advertising, Inc. Mr. Fritsinger explained that thc City has been negotiating with Naegele Outdoor Advertising, Inc. for the past several months on the acquisition of three small strips of property. He advised that the revised agreement is in draft form and revisions have been made which are consistent with recitals the Council has made. He noted the bench handout which staff recommends to address signage. Mr. Fritsinger explained the final draft of the agreement is not yet completed. Acquisition is approximately $25,258.16 based on the square footage price, which is consistent with other purchases that have taken place in the district. He explained this property is integral to the Phase II development being proposed by Welsh Development Company, LLC. Mr. Fritsinger stated there is still work to be done with regard to researching the title. Mr. Fritsinger noted Naegele has two billboards which rest within this property and the Round Lake Boulevard public right-of-way. The agreement calls for the removal ofthose billboards in consideration of working with Naegele to modify the existing billboards on 1-694. Naegele will be allowed to place a second panel (facing east) on the easterly billboard adjacent to 1-694. He noted that several legal firms have reviewed this and all believe the reduction in billboards reduces the non-conforming use. Naegele also indicated they support a collaborative marketing etIort for the remaining 20 acres of property for office development. . Mr. Fritsinger noted the City has established a good relationship with Naegele and he supports consideration of the agreement. However, since staff was not able to present the final agreement tonight he is recommending several additional conditions. Mr. Fritsinger read the six additional conditions being recommended as follows: 1- Recitals being added; 2. Addition Section 8( d), indicating considering text to GBD regulations as indicated in correspondence; 3. Modification of closing date as necessary to coordinate with the proj ect; 4. Addition of Section 8( c), possession of property will be when appropriate notices can be gIVen; 5. Issuance of bonds; and 6. A ward of contract for construction of Fourteenth Street. Mayor Probst stated he understands that Naegele has expressed a willingness to relocate the remaining two billboards, if necessary. Mr. Fritsinger stated this is correct and staff plans to meet on the site to look at how the billboards are located in relation to 1-694. He stated Naegele has been open to other requests and working with staff. Councilmember Malone inquired regarding modification of the Zoning Code. Mr. Fritsinger explained it will be inserted that the City will consider an amendment to the Zoning Code . affecting only the Gateway District. ARDEN HILLS CITY COUNCIL - SEPTEMBER 29 1997 8 . Counci1member Malone stated he is not interested in amending the City's Zoning Ordinance but, perhaps, it could be addressed via a resolution. Mr. Fritsinger stated it is Attorney Filla's opinion that it would be in the City's best interest to add this type oflanguage to the Zoning Code. MOTION: Hicks moved and Aplikowski seconded a motion to approve the Gateway Business District Sale and Purchase Agreement with Naegele Outdoor Advertising, Inc., as revised to include the six conditions indicated above. The motion carried unanimously (5-0). E. Healthy Youth Coalition Discussion Mayor Probst explained that the City is being requested to execute a "Statement of Commitment" to build healthy youth assets in the community. He stated there are two issues to deal with: a request to contribute $500 to help give organization a base; and, a statement of commitment. He stated he supports this statement and believes it is a worthwhile attempt to respond to issues raised. He urged the Council's support. Councilmember Aplikowski stated this group has been meeting for two years and was started, initially, in response to a School District survey. She reviewed the history of the past meetings and explained that Arden Hills' minimum commitment can be through publications. She stated . she hopes the meeting scheduled for September 30, 1997, will be a success and members will Jom. Councilmember Malone stated it sounds wonderful but he wonders where this information came from with regard to the asset of the month. He stated he also wonders whether government should be funding this type of program. He suggested that interested people should be allowed to run this type of program independently. Mayor Probst explained that SL Louis Park was one ofthe first communities to try to deal with this and have taken an aggressive approach in hiring a full-time administrator and starting programs to build on these assets which came from a Research Institute survey. He noted there is a pattern indicating if youth can achieve these assets they will be successful. He explained that northern communities have a more difficult task since the School District and communities do not share common boundaries. Mayor Probst reviewed how this program started and explained that it was not intended to be a school or City program but, rather, a grass-roots organization. He clarified there is no intention that seeding the program with $500 will make it a government- funded organization. He again encouraged the Council's support. Councilmember Aplikowski explained the money being requested is to buy refreshments and cover mailing costs for the meeting tomorrow evening. She stated there will be little carry over for the program. Councilmember Aplikowski stated the impetus is to get people at the event to carry it forward and churches and businesses are being asked to help support the program. . ARDEN HILLS CITY COUNCIL - SEPTEMBER 29. 1997 9 . Councilmember Keim stated she endorses the concept of supporting programs like Northwest Youth & Family Services through charitable gambling and she is concerned about whether providing $500 in seed money will establish a precedent the Council does not want to set. She stated she supports asking the charitable gambling organizations to make those types of contributions and believes the Council should do the same with this contribution request. Councilmember Hicks asked if other councils are contributing financially. Mayor Probst stated he does not know if they have taken action. With regard to using a charitable gambling contribution, Mayor Probst stated this is appropriate in the long-term but, due to the short timeline, it may not work with this request. Councilmember Malone stated he is concerned that government would support this and he does not see evidence to support an argument about the factual relationship. He agreed these are nice statements but he does not know that government should be involved in this. Councilmember Malone asked how government has any roll in impacting this issue. Mayor Probst encouraged Councilmember Malone to attend the event tomorrow night which will be attended by representatives from the Research Institute who can address that issue. MOTION: Aplikowski moved and Hicks seconded a motion to authorize the execution of the . Statement of Commitment toward building healthy youth assets in Arden Hills and to designate $500 towards this program. Councilmember Hicks stated he has no idea whether a $500 contribution by each ofthe eight cities is a reasonable budget and suggested the motion be revised to have each city participate equally with other donors. He stated it is difficult to oppose anything that invests in youth and agreed that most are family-generated values, rather than government. However, if the program can save two to three youth then maybe it's worth the investment. With regard to the suggested amendment, Mayor Probst inquired regarding the impact if one of the other cities chooses not to contribute. Councilmember Keim stated that while she endorses the Statement of Commitment, she has a difficult time with the request for a contribution. The motion carried 3-2, with Malone and Keim voting against F. Resolution #97-45, Authorizing Execution of Sub-Grant Agreement for Federal Assistance Ms. Walsh explained the proposed resolution is necessary in the process of accepting money . from the federal government By adopting the resolution, the City is authorizing the City Administrator to sign the sub-grant agreement that releases the reimbursable money. She ARDEN HILLS CITY COUNCIL - SEPTEMBER 29. 1997 10 . explained the damage sustained in Arden Hills is divided into three groups: damage to public property, debris removal, and protective measures. She advised that the City does not qualify for reimbursement of debris removal costs since only over-time hours are eligible. Ms. Walsh stated that she did not agree with the proposed amount of reimbursement for Cummings Park but the inspector indicated that they reimburse only to the level of what existed previously. She advised there will be another inspector assigned to review the area and make a determination. Ms. Walsh stated she will keep the Council informed ifadditiona\ funding will be received. Mayor Probst asked if this action will preclude the ability to seek additional funds. Ms. Walsh stated it will not. Ms. Walsh explained the inspector is using guides established by the federal government for equipment rental and salaries. Mr. Dwayne Stafford, Public Works Director, advised that these rates are below the reality. Councilmember Malone noted that when the City accepted trail funds they were required to abide by new rules. He cautioned against taking funds if it results in additional restrictions or requirements on the City. . MOTION: Keirn moved and Hicks seconded a motion to adopt Resolution #97-45, Authorizing Execution of Sub-Grant Agreement for Federal Assistance. The motion carried unanimously (5-0). G. Appointment of Consulting Engineer, BRW Mr. Fritsinger explained that the Council has expressed a desire to evaluate each of the City's consultants on a regular basis and recently completed its review of proposals from nine engineering firms for the position of City Consulting Engineer. The Council then interviewed four firms for that position and staff did background checks. After evaluating the proposals, interviews, and reference checks. the Council directed staff to prepare a memorandum to appoint BRW, Inc. as the City's consulting engineer beginning November I, 1997, through December 31, 1998, and to direct staffto prepare a contract for services with BRW, Inc. MOTION: Malone moved and Hicks seconded a motion to appoint BRW, Inc. as the City's consulting engineer beginning November I. 1997, through December 31, 1998, and direct staff to prepare the appropriate contract for services. The motion carried 4-0-1, with Probst abstaining. ADMINISTRATOR COMMENTS . Mr. Fritsinger reminded the Council that as a result of the Columbus Day holiday, the next meeting will be Tuesday. October 14, 1997. at the Army Reserve Center. ARDEN HILLS CITY COUNCIL - SEPTEMBER 29. 1997 II . COUNCIL COMMENTS Councilmember Hicks addressed the letter read by Ms. Rem. He stated he believes it is an unnecessary "dig" at the Council and some things are not accurate. Councilmember Hicks stated that he does agree with many things but clarified that the City did not buy property a long time ago for the purpose of a City HalL He explained that the property to the east of the current facility cannot be used to meet the current needs without variances. Councilmember Hicks took issue with language that the Council continues to ignore their responsibility to provide adequate facilities for staff to conduct the business of the City. He stated this is a difficult situation, the Council has studied the issue, and is working toward resolution of the matter. Councilmember Hicks stated Ms. Rem's letter is a strongly worded document, unfair, and excessively critical Councilmember Aplikowski noted the water meter change and stated she hopes it is working well and will lessen the workload of City staff. Councilmember Aplikowski stated she is happy to hear that Mr. Post has been released from the hospital and will be returning to work shortly. Councilmember Aplikowski thanked Ms. Rem for being a constant vigilant for the CounciL She . stated that while she agrees with some of Ms. Rem's letter, she does not agree with all of the statements. Councilmember Aplikowski stated she is somewhat on Ms. Rem's side in believing the Council has long delayed their decision. Mayor Probst stated he believes the letter portrays an unfair characterization as to what the Council has been doing and the Council has not ignored staff. He stated that the Council understands the current facilities are not good but the Council is working diligently to find the best long-term solution and he is convinced the Council will get it done. Mayor Probst noted the record shows this is an issue that has not been taken lightly and has been pursued with significant vigor. He stated it is a pleasure that it appears the debate has moved to "when we will get it done" rather than "should we gct it done." Mayor Probst noted there has been a number of meetings on Liveable Communities and there is considerable interest in that issue which will be dealt with directly through the 1-35W Corridor Coalition. He suggested the Council schedule a meeting or worksession when he can update the Council on progress with that group. Mayor Probst announced he will attend the Healthy Youth Coalition meeting tomorrow night . ARDEN HILLS CITY COUNCIL - SEPTEMBER 29 1997 12 . ADJOURN MOTION: Keim moved and Aplikowski seconded a motion to adjourn the meeting at 9:05 p.m. The motion carried unanimously (5-0). B~~ City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Tuesday, October 14, 1997, at 7:30 p.m. at the Army Reserve Center. . .