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HomeMy WebLinkAboutCC 07-13-1998 . . . MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING JUL Y 13, 1998 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:31 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Susan Keirn, Gregg Larson, and Paul Malone. Also present were City Administrator, Brian Pritsinger; City Accountant, Terry Post; Assistant to the City Administrator, Kevin Ringwald; Public Works Director; Dwayne Stafford; Community Development Director, Cindy Walsh; and Recording Secretary, Carla Wirth. Mayor Probst commented that it is nice to hold the Council meeting within the community again. ADOPT AGENDA MOTION: Councilmember Keirn moved and Councilmember Aplikowski seconded a motion to adopt the agenda for the June 29, 1998, Regular City Council meeting as submitted. The motion carried unanimously (4-0). OATH OF OFFICE. GREGG LARSON Mayor Probst administered the Oath of Office to Gregg Larson for the position of Arden Hills Councilmember. The Council welcomed Gregg Larson to the Arden Hills City Council. APPROVAL OF MINUTES A. June 29,1998, Regular ConnciI Meeting Mayor Probst noted his comment on Page 6 regarding the cost comparison from brick to Kasota stone and clarified that, in fact, Kasota stone is slightly more costly than brick. MOTION: Councilmember Keirn moved and Councilmember Aplikowski seconded a motion to approve the June 29,1998, Regular Council Meeting as clarified above. The motion carried unanimously (5-0). CONSENT CALENDAR A. B. C. Claims and Payroll Business License Application, Nails 3000 Probationary Appointment, Associate Planner, Nancy Randall ARDEN HILLS CITY COUNCIL - JULY 13, 1998 2 MOTION: Councilmember Malone moved and Councilmember Keirn seconded a motion to approve the Consent Calendar as listed above and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). . PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda. There were no public comments. UNFINISHED AND NEW BUSINESS A. Planninl: Cases 1. Planning Case #98-16, Terry McCleary, 1665 Valentinc Avenue, Lot SpIitfV ariances Mr. Kevin Ringwald, Assistant to the City Administrator, advised that the applicants, Terry and Diane McCleary, have withdrawn their request for a lot split variance. 2. Planning Case #98-19, Thomas Whittles, 1867 Glenpaul Avenue, Variance . Mr. Ringwald explained the applicant is requesting approval of a side yard setback variance for a detached garage addition (four feet proposed, when ten feet is required) on a single family lot zoned R-2. Mr. Ringwald explained if the garage was attached, five feet would be required in this zoning district. I-Ie noted the considerable number of garages in the immediate neighborhood that are at or near the property line and commented on past variances which have been granted in this neighborhood for similar requests. Mr. Ringwald advised that the Plarming Commission recommends approval of a five foot side yard setback. The applicant was requesting a four foot sideyard setback. Mr. Ringwald explained that five feet will provide distance for drainage and utilities, separation for fire protection, and provide the same side yard setback as an attached housing unit in this zoning district. Mr. Ringwald presented a detailed exterior elevation, noting the vinyl siding and asphalt shingled roof. He advised the Planning Commission recommends approval of PI arming Case #98-19, five foot side yard setback variance for the detached garage addition (four feet proposed, when ten feet is required) based on the Findings-Side Yard Setback Variance (detached garage) section of the Staff report dated July I, 1998, and subject to the following conditions: I. Provision of exterior drawings of the proposed addition prior to the consideration by the City Council; and 2. Compliance with the plans shown on Exhibit A of the Staff report dated July 1, 1998. MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to approve of Plarming Case #98-19, Thomas Whittles, 1867 Glenpaul Avenue, for a five foot (5') side yard setback variance for the detached garage addition (four feet proposed, when ten feet is required) based on the Findings-Side Yard Setback Variance (detached garage) section of the Staffreport dated July 1, 1998, and subject to the following conditions: . ARDEN HILLS CITY COUNCIL - JULY 13, 1998 3 . 1. Compliance with the plan (as provided to the City Council) showing the exterior of the proposed addition; and 2. Compliance with the plans shown on Exhibit A of the staff report dated July I, 1998. The motion carried unanimously (5-0). B. Resolution #98-48, Calling for Public Hearing, Lake Josephine Ordinance and Joint Powers Agreement Mr. Dwayne Stafford, Public Works Director, explained that the Public Safety Commission has been working with the City of Roseville and the Lake Josephine Improvement Association to prepare an ordinance and joint powers agreement (JP A) regulating surface water use on Lake Josephine. Through many meetings, an ordinance has been drafted which was presented to the DNR for their comments. Mr. Stafford noted the highlights of the ordinance including the speed of boats, hours of operation, no wake provision, and counterclockwise direction of travel. He stated if the Council finds this to be an acceptable form, a public hearing should be scheduled concurrent with the City of Roseville. . Mr. Stafford noted the attendance of William Costello, Director of the Lake Josephine Improvement Association and Tom Lynch, Vice Chairman of the Lake Josephine Improvement Association, who were available to answer questions. He advised that the Council is asked to adopt Resolution #98-48 ordering a public hearing in the matter of an ordinance and JP A with the City of Roseville regarding surface water use on Lake Josephine. Councilmember Aplikowski asked how many homeowners were included in the notification and discussions. Mr. StafJord explained they are planning to only talk to those who live directly on the lake. Mr. Costello advised there are 32 homes on Lake Josephine in Arden Hills and about the same on the other side. If notification goes beyond 150 feet from the lakeshore, it would increase that number. Councilmember Aplikowski asked if the general public was included in the discussion. Mr. Costello stated it is a public access that is available to anyone so they went through the DNR for their comments. Councilmember Aplikowski stated it appears this document was reviewed and provided to the homeowners directly on the lake. Mr. Costello stated this is correct. Councilmember Keirn asked if those property owners holding easements would be advised of the hearing. In response to Councilmember Keirn, Mr. Costello estimated there are about 25 property owners who have an easement for an access and they have one membership (as a group) in the Lake Josephine Improvement Association. . Mr. StafJord advised of the small cost, perhaps $100, to erect a sign at the beach armouncing this ordinance. ARDEN HILLS CITY COUNCIL - JULY 13. 1998 4 . Councilmember Aplikowski noted the indication that most who received this were favorable. Mr. Lynch and Mr. Costello indicated this is correct. Council member Malone stated those who live around the lake were included in the process. He asked if public notice of the meeting should be posted at the boat launch since the lake is a public resource. Mr. Stafford stated this could be done. Councilmember Malone asked if the public hearing meeting should be concurrent in the two cities (Arden Hills and Roseville) since it would not allow residents to attend both meetings. Mr. Stafford advised that the meeting schedules do fall on the same date. He explained that Roseville was going to invite their residents to their meeting. Mayor Probst stated the view of the residents on the lake is often different than those coming in to use the lake via the public access. He stated he does not see any issues with it personally but the ability to provide fair notice is important. Mayor Probst suggested a sign board be erected in conjunction with Roseville to notify of the public hearing date. Mr. Fritsinger stated this could be done and advised that the next meeting date which does not coincide with Roseville would be August 31, 1998. Mayor Probst asked ifthere is a timing issue involved. Mr. Lynch stated it was suggested the meetings be held separately but at the same time. He suggested a joint session be held at . Roseville rather than have the meeting split into two locations. Councilmember Malone noted this would have to be published and officially approved by the DNR so it will not take effect until next season. In the interest of fairness, he stated he would feel better if a significant effort is made to notify people so he supports scheduling the public hearing on August 31,1998. Mr. Costello advised that the Association is supportive of this and, at this time of the season, he does not think there is any particular problem with a two week delay. He explained that while Roseville has rules for lake usage, Arden Hills has not had rules and it is important to have a cohesive set of rules for enforcement. MOTION: Council member Keim moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-48, Calling for Public Hearing, Lake Josephine Ordinance and Joint Powers Agreement on August 31,1998 and to direct the posting of a sign to advertise this public hearing meeting. The motion carried unanimously (5-0). Mayor Probst asked staff to contact Roseville to see ifthey are willing to share the cost to post this sign and advertise both public hearing dates. Mr. Fritsinger stated staff will and advised that a minimum ten-day notice should be followed for the public hearing. . ARDEN HILLS CITY COUNCIL - JULY 13. 1998 5 C. Resolution #98-49, Supporting a Joint Grant Application for the Neighborhood Commons Project under the Metropolitan Livable Communities Grant . Mr. Ringwald explained that Staff has been working cooperatively with area communities as part of the North Metro I-35W Corridor Coalition (New Brighton, Roseville, and Shoreview) and is also updating the City's Comprehensive Plan. As a function of those activities, Staff has been speaking with neighboring communities to address common issues. He explained that the City has a variety of corners which are shared with several cities. As examples: County Road D and Cleveland Avenue, County Road D and New Brighton Road/Lake Joharma Boulevard, and County Road D and Lexington Avenue (County Road D Corridor). Mr. Ringwald stated the Comprehensive Plan meeting notes indicate the Planning Commission is looking at these corners for a new zoning district to address how these parcels can be developed/redeveloped since they are very small and have limited buildability. However, they do have a function which, if designed correctly, could enhance the immediate area. Mr. Ringwald advised of the plans of surrounding communities for their corner properties and noted the opportunity exists to create something that is more cohesive including development opportunities. He explained that this would be a joint application with the cities of Roseville, Shoreview, and New Brighton for the County Road D corridor. The intent is to seek funds to assist with the joint redevelopment of the areas adjacent to this corridor. f/f Mr. Ringwald explained that Staff is requesting the Council adopt Resolution #98-49 supporting a $500,000 joint grant application for the neighborhood commons project under the Metropolitan Livable Communities Act. The intent is that this project will have no direct cost to the City other than staff time. Depending on how this application scores for grant funding, additional Council considerations may be needed. Mayor Probst asked if this would be handled through ajoint powers agreement (JPA). Mr. Ringwald noted the City already has a JPA with North Metro 1-35W Corridor Coalition. He explained that Staff has worked with neighboring communities on some smaller projects and it would be nice to work on a mid-sized project prior to the start of larger projects. He reported that Staff received some fairly good feedback on this grant application. Councilmember Larson asked if participants have discussed a formula for distribution of the grant funds. Mr. Ringwald stated they have not and will need to address that further based on a detailed budget which identifies what is involved. He reported the application deadline is at the end of this week and the other communities are considering a similar resolution of support. Councilmember Aplikowski stated she assumes the property owners will be part of this process. Mr. Ringwald stated they will meet with the neighborhood to discuss and prioritize their needs. Councilmember Aplikowski asked ifthe grant would be looked at more favorably ifthose meetings had already taken place and items prioritized. Mr. Ringwald stated it may not and explained that sometimes there is more money for plarming than the actual improvement work. . . . . ARDEN HILLS CITY COUNCIL - JULY 13. 1998 6 MOTION: Councilmember Keirn moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-49, Supporting a Joint Grant Application for the Neighborhood Commons Project under the Metropolitan Livable Communities Grant. The motion carried unanimously (5-0). D. Final Pay Estimate, Lametti & Sons, Trail Culvert (Hamline Avenue at Cummings Park) Ms. Cindy Walsh, Community Development Director, explained that the Council awarded the bid for the construction of a City trail culvert to Lametti & Sons, Inc. for $12,675. She advised of some boundary disputes which involve the trail and explained that the existing bridge was partially on private property but has been relocated about four feet to the south to be solely located on the easement area. She recommended approval of the final payment of$12,675 to Lametti & Sons, Inc. for the completion of the trail culvert on the City trail between Hamline A venue and Cummings Park. MOTION: Councilmember Malone moved and Councilmember Keirn seconded a motion to approve the Final Pay Estimate to Lametti & Sons in the amount of$12,675 for the trail culvert (Hamline Avenue at Cummins Park). The motion carried unanimously (5-0). E. Pay Estimate #5, Lametti & Sons, 14th Street Northeast (Gateway Boulevard) Mr. Stafford explained that with the two change orders, the total contract amount is $924,426.50 for the Gateway Business District 14th Street NE project. He advised that Lametti & Sons has completed the construction of 14th Street with the exception of seeding, sodding, and final bitunlinous wear course. Payment request #5 includes payment for items associated with the storm sewer, pond construction, grading, aggregate base, and bituminous base course construction. Gateway Court is scheduled to be constructed beginning the week of July 13, 1998. Mr. Stafford advised that the City Engineer recommends the Council approve Pay Estimate #5 for Lametti & Sons, Inc. in the amount of$150,474.55. A retainage of5% is being held for the project. Mayor Probst asked Mr. Stafford ifhe is satisfied with the work. Mr. Stafford stated the job has taken longer than anticipated but he is satisfied with the work. MOTION: Councilmember Aplikowski moved and Councilmember Keim seconded a motion to approve the Final Pay Estimate #5 to Lametti & Sons, Inc. in the amount of $150,474.55 contingent upon a retainage of 5% being held for the project. The motion carried unanimously (5-0). F. Pay Estimate #1, Schifsky Construction, 1998 Street Improvement Project Mr. Stafford advised that the City awarded the 1998 Street Reconstruction and Maintenance Improvement Project to T.A. Schifsky & Sons, Inc. on April 27 , 1998, for their low bid of $679,356.69. The contractor has completed the construction of storm sewer facilities in Edgewater Avenue and Stowe Avenue. Concrete curb and gutter and bituminous base has been constructed on Edgewater A venue. The contractor is finishing driveway reconstruction on . . . ARDEN HILLS CITY COUNCIL -JULY 13. 1998 7 Edgewater Avenue this week. Currently, the contractor is working on the grading of Stowe Avenue. Mr. Stafford anticipated that by the end of the week the road will be up to subgrade. The proj ect also included crack sealing and seal coating of several streets which has been completed. The contractor has completed a hydrant relocation along County Road E. Mr. Stafford stated these items have been completed satisfactorily and he recommends approval of Pay Estimate #1 in the amount of$181,642.32. A retainage of5% is being held for the project. Councilmember Malone noted the letter from a resident complaining about the material used on Edgewater Avenue. Mr. Stafford stated he did look into this but could not find a problem. He stated Staff will look at this again but this segment of the street is not a reconstruction, it is an overlay. Mr. Stafford stated he also looked at the milling and agrees there may be areas of less than one and one-half inches but variations in milling is common. Staff will review the area of concern with the City Engineer. MOTION: Councilmember Malone moved and Councilmember Keirn seconded a motion to approve Pay Estimate #1 to T.A. Schifsky & Sons, Inc. in the amount of $181,642.32 contingent upon a 5% retainage being held for the project. The motion carried unanimously (5-0). G. Resolution #98-50, Accepting Bid and Authorizing Execution of Contract in the Matter of the 1998 Sanitary Sewer Rehabilitation Program Mr. Terrance Post, City Accountant, explained that the City began a program in the winter of 1996-1997 to televise sanitary sewer lines to identify cleaning, structural, and inflow/infiltration system weaknesses. At that point in time, it was identified that the infrastructure would not get better over time and these issues should be addressed. Mr. Post advised that Bid Alternate #1 addresses the rehabilitation of the 200 foot section of corrugated metal pipe located in a wetland area near the southeast corner of Charles Perry Park. Staff feels strongly that this section should be addressed. He reported that the apparent low bidder for the base contract was Infratech at $95,557.25 and their bid for Bid Alternate #1 was $31,013. Staff recommends the Council adopt Resolution #98-50, accepting the Infrastructure Technologies, Inc. bid for the 1998 Sanitary Sewer Rehabilitation Program and Alternate # I in the total amount of $126,570.25. Mayor Probst inquired regarding funding to this level. Mr. Post indicated he sees no problem because of adequate reserves in the sanitary sewer utility fund. Councilmember Malone asked what other metal pipes will be found. Mr. Stafford stated this is the first section found and may have been used because it crosses a creek area and is laid on pilings, perhaps used as a quick fix. Mr. Stafford stated he feels strongly that this section should be corrected due to the level of corrosion of the pipe and deterioration of a nearby concrete manhole. Councilmember Malone asked if the pilings have been addressed. Mr. Stafford advised that pilings typically last forever and it will support the steel piping. He advised that he is familiar with the use of steel piping for sanitary sewer. . . . ARDEN HILLS CITY COUNCIL - JULY 13. 1998 8 MOTION: Councilmember Malone moved and Councilmember Aplikowski seconded a motion to adopt Resolution #98-50, Accepting Bid and Authorizing Execution of Contract in the Matter ofthe 1998 Sanitary Sewer Rehabilitation Program. The motion carried (5-0). ADMINISTRATOR COMMENTS Mr. Fritsinger advised ofa request for a joint meeting with the cities of Shore view and North Oaks in regard to discussions on the JP A with the Lake Johanna Volunteer Fire Department. The Council indicated their preference to schedule a Special Council meeting on August 12, 1998 at 5:00 p.m. Mr. Fritsinger noted the repairs needed on the Public Works facility fencing. The Council directed staff to proceed with those repairs. Mr. Fritsinger advised they have been advertising for the Plarming Commission vacancy but no applications, as of yet, have been received. The advertisement will continue for several more weeks and, if appropriate, interviews could be conducted after the next worksession. Mayor Probst requested a copy of the list of applicants from the last time an advertisement was made. He stated he would be interested in calling them to determine if they have a continued interest. Mr. Fritsinger advised that the upcoming worksession will include a discussion of the street project processes and how the 1999 program will be put together. He encouraged the Council to be prepared to discuss those issues with the City Engineer and how it can be improved. COUNCIL COMMENTS With regard to the street improvement project, Councilmember Keim stated the lack of communication has been the most frustrating issue, such as the contractor moving mailboxes without notice. She reported some residents have experienced similar problems so she supports discussing what the City's expectations are. Council member Aplikowski inquired regarding the progress ofthe disaster plan. Mr. Stafford stated the Public Safety Commission will be scheduling a meeting in the next several weeks with two additional Commission members and Staff. Council member Aplikowski asked to be notified of that meeting date in case she can attend. Mr. Fritsinger reported he is meeting with FEMA to discuss the potential of reimbursement for the cost to help Shoreviewafter the tornado. Councilmember Larson stated he is looking forward to serving on the Council over the next six months. He stated he realizes he has some "big shoes" to fill in recognition ofMr. Hicks' contributions. Mayor Probst noted the modifications being made to the City Hall plans in preparation for the Planning Commission consideration and requested a copy of that modified plan. ARDEN HILLS CITY COUNCIL - JULY 13. 1998 9 . Mayor Probst acknowledged the note regarding the Welsh Companies and indicated he would like to discuss those issues with Staff. Mayor Probst commended Staff for their efforts in working with Shoreview to address their storm damage and acknowledged the note from them indicating that appreciation. He asked Mr. Fritsinger to extend the Council's thanks to Staff as well. Mayor Probst requested an update regarding the north Lexington property. Mayor Probst noted the TCAAP tower proposal and stated it is his understanding the National Guard is not supporting that effort. He stated it is interesting that Fox 29 has taken it upon themselves to contact all of the State's Congressional delegation and suggested the Council authorize Staff to advise the same of the City's opposition to the placement ofa tower on TCAAP property. Councilmember Aplikowski stated her support of the Mayor's suggestion. Mr. Fritsinger advised there may be room at the current Shoreview tower site for an additional antenna but Fox 29 has indicated there is not adequate room. . Councilmember Malone stated the broadcaster's may place a different "spin" on the FCC regulations and, perhaps, it is not actually mandated by the FCC. He advised of the ownership of the current towers and stated he believes there may be adequate space at the current site, however, it may be an issue of capitalism and offering space to a competitor. Conncilmember Malone urged caution in writing a letter that simply indicates "no" and suggested it identify the issues and rationale. He pointed out that the physical tower on the TCAAP property would prohibit other developments. Mayor Probst advised of General LeBlanc's objection to the placement of a tower since it is not compatible with the plans already identified for this property. He stated his concern that the City of Arden Hills was the last on the list to be notified, following contact with the legislative delegation, to "drum up" support. Mayor Probst stated that he does not want the City's lack of comment to incorrectly be seen as indifference. Mayor Probst advised that Shoreview officials have indicated support for the placement of the tower at the current tower site. Mayor Probst noted the newspaper article addressing clean-up of TCAAP Site A and inquired regarding the placement of athletic fields. He asked Staff to confirm the dates of the clean-up and determining the potential for placement of athletic fields. ADJOURN . MOTION: ember Malone moved and Councilmember Keim seconded a motion to the meeting at 8:43 p.m. The motion carried (5-0). Brian Fritsing r City Administrator . . . ARDEN HILLS CITY COUNCIL - JULY 13, 1998 NOTICE OF MEETINGS Thc next regular City Council meeting will be held Monday, July 27, 1998, at 7:30 p.m. at the Arden Hills Council Chambers. 10