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HomeMy WebLinkAboutCC 08-10-1998 , MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING AUGUST 10, 1998 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Paul Malone called to order the regular City Council meeting at 7:31 p.m. Present: Acting Mayor Paul Malone, Councilmembers Beverly Aplikowski, Susan Keirn, and Gregg Larson. Absent: Mayor Denis Probst Also present were City Administrator, Brian Fritsinger; City Accountant, Terry Post; Assistant to the City Administrator, Kevin Ringwald; Public Works Director; Dwayne Stafford; Community Development Director, Cindy Walsh; Consulting Engineer, Greg Brown; City Attorney, John Miller; and Recording Secretary, Marie Tischer. ADOPT AGENDA . Acting Mayor Malone noted the following addition to the agenda: Agenda Item 6C, Pay Estimate #2, T.A. Schifsky & Sons, Inc., 1998 Street Improvements. MOTION: Councilmember Aplikowski moved and Councilmember Keirn seconded a motion to adopt the agenda for the August 10, 1998, Regular City Council meeting with the above addition. The motion carried unanimously (4-0). APPROVAL OF MINUTES A. July 20, 1998, Council Worksession B. July 27,1998, Regular Council Meeting Councilmember Larson referred to the July 20, 1998 Worksession minutes, page 4 and asked that the last statement ofthe "discussion" be changed to read as follows: "After discussion regarding public documents and public opposition; public perception; FAA tower location suggestions; future development of additional towers; and other options available to the City, it was the consensus of the Council to rework the City's strategy on this item to indicate unequivocal opposition to City support of the tower request." Acting Mayor Malone asked the Councilmembers for their comments. Councilmember Aplikowski said she had no strong feelings in the matter. Councilmember Keirn said she felt the change in wording as suggested reflected the conversation at the time. . Councilmember Keirn rderred to the July 20, 1998 Worksession minutes, page 2, second paragraph regarding Indian Oaks Circle. She suggested it be changed to state that the City ~ . . ARDEN HILLS CITY COUNCIL - AUGUST 10.1998 2 should file appropriate papers with the County now, rather than when the issues are resolved, so the title company will have their findings for the plat. Acting Mayor Malone referred to the July 27, 1998 Regular meeting minutes, page 3, second paragraph under Council Comments regarding discussion of the Joint Powers Agreement, and noted the reference to capital expenditures of $1 0,000 or more per City. He stated it was his understanding it was $10,000 for the entire department. Acting Mayor Malone referred to page 3, last paragraph regarding the reference to the Fire Department and stated it should be reference to the Fire Board. MOTION: Council member Keim moved and Councilmember Aplikowski seconded a motion to approve the July 20,1998, Council Worksession and the July 27,1998, Regular Council Meeting as clarified above. The motion carried unanimously (4-0). CONSENT CALENDAR A. Claims and Payroll B. Appointment of Election Judges, Primary Election, September 15, 1998 MOTION: Councilmember Keim moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar as listed above and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). PUBLIC COMMENTS Acting Mayor Malone 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. Code Enforcement Cases 1. Resolution #98-51 Authorizing the Commencement of Proceedings under Minnesota Statutes ~463.15, ET SEQ., Relative to 3171 and 3183 Lexington Avenue It was noted the Council is asked to adopt Resolution #98-51, authorizing the commencement of proceedings relative to 3171 and 3183 Lexington Avenue. This would allow the City Attorney to procure a court date for obtaining a court ruling in the demolition of the properties. Ms. Cindy Walsh, Community Development Director, said the properties identified above are unsafe and should be removed. She showed slides of several views of the properties illustrating their disrepair. Ms. Walsh noted the doors are open, rain water flows inside, and in one location there is partial collapse to the basement. Ms. Walsh detailed the numbers and timing of contacts which had been made with the property owner with little or no response. She advised the property owner has acknowledged the condition and the need, but has not responded to phone calls or answered letters and is reluctant to deal with the issue. . . . ARDEN HILLS CITY COUNCIL - AUGUST 10. 1998 3 CounciImember Aplikowski asked if the owner is responsible for the costs involved. Mr. John Miller, City Attorney, said he had been working on this matter and the action that is being asked of the Council at the present timc is to take the first step and adopt Resolution #98-51. The next step in the process would be for the owner to be served a copy of the order. The owner would then have twenty days in which to answer. If the property owner doesn't answer, he is in default and at that time, the City can get a court order to demolish the building and assess this cost to the property owner. Mr. Miller said it was his intention to "fast track" this issue with the circuit court. If the Council approves the action tonight, it will be filed on August 12. If the owner is out of town, the property will bc posted and thc owner can be served by publication. In terms of collecting the costs of abatement, Mr. Miller said the City can either impose a lien on the property and collect it as an assessment or by a personal judgment. The cost of a lien would be about $30,000, however, this decision will not have to be made at this time. Once the buildings are demolished, the property will become more saleable. Councilmember Larson inquired about the last communication with Mr. Anderson (the property owner). Ms. Walsh reported that she called and left a message but therc was no response. Councilmember Larson also referred to the various vehicles on the property and asked if they would be removcd in the process. Mr. Miller said that at this time the process deals only with the structure; removal of the cars will be done separately under another part of thc City Code. Councilmember Larson asked about recovery of costs beyond demolition, such as attorney fees. Mr. Miller said the Statute was broad and allows recovery of other out-of-pocket costs so the City can recover all reasonable costs in abating the condition. CounciImember Larson asked, given the past performance of the property owner, if it can be assumed he will move to sell the property, and also, whether it is wise to carry the cost without knowing what his intentions arc. Councilmember Larson asked what was involved in a personal judgment. Mr. Miller said that would allow the City to execute garnishment proceedings. In a personal judgment, it becomes a lien on the property so the property can't be sold without satisfying the judgment. But, the advantage of assessments is that Statute allows collection with the next installment of real estate taxes. Mr. Miller said he was not sure the property assets were liquid enough for a personal judgment but a credit check can be done. If the property owner chooses to answer, he will be allowed 20 days after service to comply. MOTION: Councilmember Aplikowski moved and Councilmember Keirn seconded a motion to adopt Resolution #98-51 Authorizing the Commencement of Proceedings under Minnesota Statutes 9463.15, ET SEQ., Relative to 3171 and 3183 Lexington Avenue. The motion carried unanimously (4-0). 2. 1369 Forest Lane It was noted that Steve Nixon had a fire at his residence at 1369 Forest Lane on June 16, 1997. The Fire Marshall is investigating the possibility of arson as a cause for the fire. The City has had numerous conversations with Mr. Nixon in an attempt to gct the house rebuilt or demolished. On October 27, 1997 the City Council adopted Resolution #97 -53 authorizing the commencement of proceedings under Minnesota Statutes 463.15, ET SEQ. relative to 1369 Forest Lane. ARDEN HILLS CITY COUNCIL - AUGUST 10. 1998 4 . Ms. Walsh advised that the Council is being asked to reaffirm its position on the demolition of 1369 Forest Lane as the property owner has not met any of the requirements of the court ordered Finding, which included all repairs being completed by August IS, 1998. She noted the City obtained a court date on June 14, 1998. At that time, the Judge established a deadline of August IS, 1998 for all improvements to the home to be completed or the home demolished. Mr. Nixon has not done any major improvements to the house since the fire and claims he does not have sufficient funds to do so because his insurance company has not paid off his remaining mortgage. Acting Mayor Malone asked if the house can be demolished if the fire is under active investigation for arson. Mr. Miller advised that the Ramsey County Sheriffs Department is aware of the fact that the City is involved in this process. Councilmember Aplikowski noted that the owner has until August IS, 1998 to comply and questioned the impact of the intended action. Mr. Fritsinger explained that this action is merely a reaffirmation that the Council wishes to proceed. MOTION: Councilmember Aplikowski moved and Councilmember Keirn seconded a motion to reaffirm the intention of previous Council direction and authorize staff to proceed with the demolition of the home at 1369 Forest Lane as the property owner has not met any of the requirements of the court ordered Finding. The motion carried unanimously (4-0). . B. Resolution #98-52, Authorizing Preparation of a Feasibility Study and the Preparation of Plans and Specifications for a Portion of West Round Lake Road and the West Round Lake Road/Highway 96 Intersection Mr. Dwayne Stafford, Public Works Director, explained that as part of the development agreement, the City agreed to improve West Round Lake Road including the West Round Lake Road and Highway 96 intersection to the south side of the Indykiewicz property subject to the granting of all necessary permits and approvals. The Council, on June 9, 1998, approved the preliminary design for Highway 96 through Arden Hills. This approval allows the City to proceed with the final design work for the subject area. Staff recommends that the City Council approve Resolution #98-52 which authorizes the City Engineer to prepare a feasibility study and prepare plans and specifications for a portion of West Round Lake Road and the West Round Lake Road/Highway 96 intersection. Councilmember Larson asked if this project was behind the timeline. Mr. Stafford said the staff has been working on property acquisition and have had various meetings with the US Fish and Wildlife staff and other agencies. Because of this, the project is a little behind schedule, but it is expected that the City will still meet all requirements related to the December 31, 1998 deadline. Councilmember Larson inquired about the changes proposed for Highway 96 and if there would be a boulevard cut to allow a turn onto the frontage road. Mr. Stafford stated there will be an access to the mobile home park and clarified the location. . Acting Mayor Malone noted this project is subject to acquisition of the property and asked what will happen if the City cannot acquire the needed property. Mr. Fritsinger stated this was discussed at the time of the development agreement and that the key is to provide a controlled ARDEN HILLS CITY COUNCIL - AUGUST 10. 1998 5 . access intersection. Ifthe property is not acquired and a signal constructed, the City may need to look at another option, including the hiring of traffic control officers to direct traffic during peak traffic periods. Councilmember Aplikowski asked ifthe administrative staff is comfortable that the City will be able to acquire all the needed property. Mr. Fritsinger explained that conversations continue with attorneys ofthe property owners and the City does have eminent domain opportunities to secure the property within 90 days of notice being given. Councilmember Aplikowski asked if the City has set a date deadline. Mr. Fritsinger said there were no specific deadline dates on the table, but if discussions don't work out the City will have to consider that. Mr. Kevin Ringwald, Assistant to the City Administrator, said staff has been waiting, for two months, for the finalization of the property owner's appraisal. If that is further delayed, given the deadlines, then it may be necessary to pursue legal remedies. Councilmember Aplikowski raised a concern about the property prices increasing as the deadline approaches. Mr. Ringwald agreed that as the time gets shorter the price probably goes up, but efforts have been directed at working on a mutually agreed basis. However, there is a need now to move on. . MOTION: Councilmember Aplikowski moved and Councilmember Keirn seconded a motion to adopt Resolution #98-52 Authorizing Preparation of a Feasibility Study and the Preparation of Plans and Specifications for a Portion of West Round Lake Road and the West Round Lake Road/Highway 96 Intersection. The motion carried unanimously (4-0). C. Pay Estimate #2, T.A. Schifsky & Sons, Inc., 1998 Street Improvements Mr. Dwayne Stafford, Public Works Director, reported the contractor, T.A. Schifsky & Sons, Inc., has completed the bituminous base course paving on Edgewater Avenue and is currently finishing driveways on Stowe Avenue. The contractor has also completed the majority of the granular base on Fairview Avenue and is scheduled to pave Stowe Avenue and construct concrete curb on Fairview Avenue during the week of August 10. Pay Request #2 includes payment for items associated with the reconstruction of Edgewater Avenue, Stowe Avenue, and Fairview Avenue. Mr. Stafford said the job was well done but not completed as fast as was expected. He recommended approval of Pay Estimate #2 for T.A. Schifsky & Sons, Inc. . Councilmember Keirn noted this project has progressed very slowly. Mr. Greg Brown, City Engineer, agreed there have been problems with this contractor coordinating issues with subcontractors, so BR W has had to assume some of those duties. Mr. Brown stated he is not comfortable with how the contractor has managed this project. Also, the Stowe Avenue portion was worse because of utility disruption which started a month before the project and resulted in the highest residential impact. Mr. Brown noted the City is holding some of the mobilization money due to the concern with the contractor's management ofthis project. . . . ARDEN HILLS CITY COUNCIL - AUGUST 10, 1998 6 Council member Larson inquired regarding the mobilization funds which were withheld, Mr. Brown explained that the contractor was to be paid $30,000 for mobilization, has received only about $5,000. Typically, payment of the mobilization money is part of Pay Estimate #1 but the City withheld that. In addition, the original completion date is coming up shortly. Mr. Brown explained that so far with interim completion dates, the contractor was late by ten or more days on all segments except for Edgewater Avenue. The final completion date is a week from this Friday. The City could get liquidated damages of $500 per day ifthe project is not completed by this date. However, a damage claim would require legal action. Councilmember Larson asked if there was some other way to capture the contractor's attention in paying this request, and if it is possible to further withhold payment. Mr. Brown said this could be done, but the City only paid about $5,000 of the $30,000 mobilization which would normally have been 100% paid with Pay Estimate #1. Mr. Fritsinger advised that the Council has, in the past, withheld payment above and beyond the typical retainage. However, the City Attorney has expressed concern about the legal ability to do that for an extended period of time and indicated the City cannot arbitrarily withhold funds. Councilmember Aplikowski suggested the Councilmembers remember this when considering the next contract award. She stated Mr. Schifsky should be informed ofthe Council's concern either by a letter or verbal comment. MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve Pay Estimate #2 to T.A. Schifsky & Sons, Inc. for 1998 Street Improvements in the amount of $212,464.96 subject to a 5% retainage. The motion carried unanimously (4-0). ADMINISTRATOR COMMENTS Mr. Fritsinger advised the Council that Mr. Post and Mr. Stafford visited the maintenance facility that the City of Hutchinson shares with the State and County, This was a fact finding effort related to the financing agreements and operations. He advised that some good information was received which will be helpful for the Finance Committee. Mr. Fritsinger said the Planning Commission approved the site plan and Special Use Permit for the proposed City Hall. The Commission's discussion centered on the size of the facility and whether it was large enough for future expansion and the size and use for the community room. Other key areas with the entry area into the facility, the roof slope down to the entrance, and concern about ice and snow accumulation. The architects will be looking at these concerns and staff will meet with them next week. A further report will be made at the August 31, 1998, Council meeting. Mr. Fritsinger raised the issue of the need for a larger capacity copy machine for the administrative offices since current machines are not adequate for the number of copies being made and there have been many breakdowns. Mr. Fritsinger reported on the number of machines which have been viewed and the proposal from Xerox for a copier that is quicker and offers more time-saving advanced features. However, $10,000 had been budgeted for a new copier and the ARDEN HILLS CITY COUNCIL - AUGUST 10, 1998 7 . actual cost will be $24,000 to $27,000. This copier could also be leased on a three-year basis for $1,200 a month. Councilmember Aplikowski asked if it would be necessary to have two machines. Mr. Fritsinger said the model being considered has programing to allow a project to be interrupted and then resumed. For this reason, one copier should be enough for now and another smaller copier may be considered in the future. COUNCIL COMMENTS Councilmember Keirn announced that she would not be able to attend the August 17th Worksession or the August 19th Joint Council meeting with the Cities of North Oaks and Shoreview. Councilmember Aplikowski noted the Mission Statement is still missing the word "the" as discussed previously. Mr. Fritsinger stated this is being taken care of. Councilmember Larson extended a kind word to Councilmember Aplikowski for attending the recent Newsletter Committee meeting with him. He reported the Committee will be recommending eleven newsletter issues for 1999. Councilmember Larson noted the installation of "No Parking" signs at the Hamline/Snelling . intersection has eliminated the problem with it being used as a car lot. Acting Mayor Malone asked why the panel antennas are still on the Vaughan tower. Mr. Ringwald explained they will be removed in a very short time. ADJOURN MOTION: ouncilmember Aplikowski moved and Councilmember Keirn seconded a motion to ad' rn the meeting at 8:31 p.m. The motion carried unanimously (4-0). ~.. . .. Ifrian Fntsm City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, August 31,1998, at 7:30 p.m. at the Arden Hills Council Chambers. .