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HomeMy WebLinkAboutCC 11-29-1993 . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING November 29, 1993 7:30 P,M, - New Brighton City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Dennis Probst; Mayor Sather. Also present were: City Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger; Park Director, cindy Severtson; Public Works Superintendent, Dan winkel; City Administrator, Dorothy Person; and Recording Secretary, Renee Kaulfuss. ADOPT AGENDA MOTION: Probst moved, seconded by Aplikowski, to adopt the . November 29, 1993 agenda as revised. Motion carried unanimously (5-0) . PUBLIC HEARING - CONTINUANCE OF ASSESSMENT HEARING REGARDING 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT and PUBLIC HEARING - FINAL ASSESSMENT ROLL & COST ALLOCATION IN THE MATTER OF 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT Mayor Sather advised the Council that the cost sharing agreement between Noyed, Bauer, and Bongard and the City has not been finalized as of this date. Staff will continue to work with all parties to resolve the issues that remain outstanding. Mayor Sather commented that since the cost sharing agreement for the Arden Place private/public drainage improvement had not yet been finalized, it would be prudent to continue both public hearings that had been scheduled to take place this evening. Council concurred. . . Arden Hills council 2 November 29, 1993 MOTION: Malone moved, seconded by Probst, to continue both the public hearing regarding assessments and the public hearing regarding the final assessment roll and cost allocation in the matter of the 1993 Arden Place Drainage Improvement Project until 8:00 p.m., December 13, 1993. Motion carried unanimously (5-0) . APPROVAL OF COUNCIL MINUTES Probst moved, seconded by Hicks, to approve the minutes of the November 8, 1993 Regular Council Meeting as prepared. Motion carried unanimously (5-0) . CONSENT CALENDAR MOTION: Hicks moved, seconded by Malone, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0) . a. Approve audit services contract from Abdo, Abdo & Eick for 1993 year end for $7,600. b. Approve Resolution #93-63, Designating addition of . paineWebber to the brokerage firm list and requesting name change of previously approved firm (Shearson Lehman Brothers, Inc. to Smith Barney Shearson. c. Approve Resolution #93-64, Adopting and Confirming Special Assessments for Diseased Tree Removal. d. Approve Resolution #93-65, Adopting and Confirming special Assessments for Delinquent utilities. e. Approve award of bid in the amount of $100 for the City owned 1988 Chevrolet Caprice to sole bidder Jim Perron. t. Approve expenditure of $9,405 for recodification of city ordinances plus additional expense to recodify Floodplains, Shorelands, subdivisions, pools, meeting times and 15 bound copies of the book of ordinances to a maximum of $15,000 with the League of Minnesota cities. g. Approve contract with State of Minnesota for City Building Inspector to provide services for State of Minnesota buildings located within the city of Arden Hills. h. Approve Pay Estimate No. 1 in the amount of $225,594.02 to Odland Protective Coatings, Inc. relating to the refurbishing of the Fernwood Water Tower. . i. Approve List of Claims/Payroll. . Arden Hills Council 3 November 29, 1993 PUBLIC COMMENTS There were no public comments. UNFINISHED AND NEW BUSINESS CASE #93-25 VACATION OF EASEMENT JAMES HANTON 3945 ROLLING HILLS ROAD Community Planning Coordinator Fritsinger stated that James Hanton is requesting to vacate a twenty foot wide "utility easement". Mr. Fritsinger explained that the applicant, during the closing process on his new home, discovered a plat from 1957 which reflected the utility easement running north and south across the new lot. Before the applicant can close on his home, the applicant's Title Company is requesting this vacation of easement. Mr. Fritsinger outlined the following findings of fact: 1. There is no apparent need for a 20 foot wide utility . easement in this area. 2. No recording document for the easement can be found with Ramsey County. 3. As no recording documents can be located, a determination of whom the easement was granted to is impossible. 4. Northern States Power, US West and the School District have been contacted and can find no record of an easement being located in this area. Upon a site visit, representatives from NSP also stated that they could see no reason to hold an easement in this area. 5. The easement, on lot 7, runs right through the middle of the applicant's house. No public purpose would be benefitted by refusing to vacate the easement on this lot. 6. As the easement runs the full length of Rolling Hills Road, it also affects other property owners. In some cases, it appears to run, if not through, adjacent to many of the homes. Fritsinger reported that staff and the Planning Commission have recommended approval of the vacation of easement for the area legally described as Shorewood Hills No. 6. addition, lots 2 through 7. . . Arden Hills Council 4 November 29, 1993 Councilmember Probst commented that in effect this is a request to vacate an easement that doesn't exist. Fritsinger concurred. MOTION: Malone moved, seconded by Hicks to approve the vacation of easement for the area legally described as Shorewood Hills No. 6 addition, Lots 2 through 7 for James Hanton at 3945 Rolling Hills Road (Case #93-25) and secondly to approve Resolution #93-56, vacating Shorewood Hills No. 6 utility Easement. Motion carried unanimously (5-0) . CASE #93-22 SITE PLAN REVIEW & AMENDMENT TO SPECIAL USE PERMIT PRESBYTERIAN HOMES Community Planning Coordinator Fritsinger stated that Presbyterian Homes is requesting an amendment to the Special Use Permit for proposed site plan changes at Presbyterian Homes. A site Plan Review is also required for these proposed changes. . Fritsinger reported that the Planning commission reviewed this case at their October 6, 1993 meeting and there were several residents who voiced their concerns on various issues. The Planning commission tabled the request to allow the applicant of Presbyterian Homes to meet with the residents in the area to reach agreeable resolutions to these issues prior to any recommendation. Fritsinger further reported that the applicant held a meeting with the residents to address their concerns and the applicant was able to resolve the issues with the neighbors. Mr. Fritsinger outlined the changes made by the applicant in the response to the neighbors concerns. The representatives of Presbyterian Homes agreed that no deliveries would be accepted before 7:30 am. A new policy has also been initiated that any garbage needing to be taken to the dumpster in the evenings will remain inside the building and will not be taken to the dumpster until the next morning. Pistons have been installed in the garbage dumpsters and the recycling dumpsters will be equipped with plastic lids rather than metal lids. . . Arden Hills Council 5 November 29, 1993 A landscaping plan was presented which includes landscaping the delivery and courtyard areas. Staff had also investigated moving the drive entrance further east on Sandeen Road but felt that it increased screening problems. The issue of density of units vs beds vs persons in beds was addressed at length. Currently there are 318 units. upon completion of the project there will be 330 units. The actual density after the project will be about 23% - the ordinance allows 25%. The units per acre will increase from 14.1 to 14.5. This greatly exceeds the 5.5 allowed. The fact that the ordinance was drafted with apartments in mind rather than institutional housing supports the higher density per acre. with the added landscaping, there are no erosion, grading or drainage problems anticipated. Fritsinger reported that staff and the Planning commission after hearing the proposed changes which reflected the concerns of the neighbors, recommended approval of the site plan and amendment to the Special Use Permit for the construction of the improvements with the following . conditions: a. contingent upon the applicant submitting to the City an approved permit from the Rice Creek Watershed District. b. Enforcement of the 7:00 am - 7:00 pm delivery schedule. c. Installation of pistons on garbage compactor, plastic doors on recycle bins and reduction of waste disposal in evening hours. d. A 10' wide pathway be designed along the North and East side of building for fire access and lift station maintenance. e. The lot coverage by structure, including parking and drive areas, not to exceed 25%. f. The dwelling units per net acre not exceed 14.5 g. The landscaping improvements shown on the landscaping plan be completed by July 1, 1994. A bond will be required in the amount of 125% of the improvements to ensure the completion of the landscaping. Councilmember Hicks requested clarification of the addition of 12 units and whether Sutton Place was considered a separate property, Fritsinger clarified that Sutton Place is considered a separate property. Mr. Lindh confirmed that the calculation of an additional 12 . units is correct. . Arden Hills Council 6 November 29, 1993 MOTION: Hicks moved, seconded by Probst to approve the site plan and amendment to the Special Use Permit for the construction of the improvements with the following conditions: a. Contingent upon the applicant submitting to the City an approved permit from the Rice Creek Watershed District. b. Enforcement of the 7:00 am - 7:00 pm delivery schedule. c. Installation of pistons on garbage compactor, plastic doors on recycle bins and reduction of waste disposal in evening hours. d. A 10' wide pathway be designed along the North and East side of building for fire access and lift station maintenance. e. The lot coverage by structure, including parking and drive areas, not to exceed 25%. f. The dwelling units per net acre not exceed 14.5. g. The landscaping improvements shown on the landscaping plan be completed by July 1, 1994, A bond will be required in the amount of 125% of the improvements to ensure the completion of the landscaping. . Motion carried unanimously (5-0) . RETROCESSION Administrator Person reported that she had discussed the matter of retrocession with Mr. Robert Wells at the Fort McCoy headquarters. A verbal agreement was negotiated to bill the Army Reserve for costs ie: for Fire Protection at a rate of $500 per fire response and $200 per non-fire response for year 1994. In addition, in 1994 the City would bill $55.00 per call for Police protection through the Ramsey County Sheriff's Department. Person stated that the Federal Government has a general military prohibition from entering into any contract, therefore the Army Reserve is prohibited to enter into an agreement with the City. The City currently uses the Army Reserve Center facilities for conducting recreation programs. The total hours for usage in 1993 is 184 hours. This is expected, but not guaranteed to continue. The city may also use these facilities for a polling location. councilmember Probst commented he would like to see the City move forward in a positive way to support the retrocession. . Councilmember Probst further commented he would like to see . Arden Hills Council 7 November 29, 1993 an additional agreement that the Army Reserve would comply with all City ordinance and develop a "level of understanding". Discussion followed regarding different approaches to recovering City services' costs associated with the retrocession, including using utility billings, or establishing a fund balance for services using a billing. A question arose whether other governement services are charged for services. It was noted that the MNDOT building receives fire & police services, but is not billed for these services, however they can be assessed. The Army Reserve is a federal agency and cannot be assessed. Councilmember Malone commented that the City has no ability to recover their costs if the Army Reserve did not reimburse the city for these services. There is no tax base for this property, therefore no tax revenue is generated. Dan Winkel proposed a scenario where the Fire Department could be called to the Army Reserve facility to handle a hazardous waste situation. This situation may take one to two days to handle and could amount to a cost of $4,500. . Administrator Person commented that a City is requested by the Governor's office to respond to retrocession, however, City approval is not mandatory. Councilmember Hicks asked whether he is correct in assuming that the city would not be affected by retrocession as long as there is no need for Fire & Police protection or other services such as building inspection. Administrator Person that this is correct. Councilmember Aplikowski commented that the city should support the belief that the Army Reserve in good faith would pay for these services. Administrator Person stated that Mr. Wells commented that the Army Reserve could not guarantee that payment would be made, but the Army Reserve has a history of making their payments. Councilmember Malone voiced a concern that the City has to look at it's best interest within the corporate limits. Councilmember Malone further commented that the current representatives may be willing to accommodate the billing process and other uses by the citizens, but years from now . there will be new representatives who may not be as accommodating. ---------.-----..- . Arden Hills Council 8 November 29, 1993 Mayor Sather commented it appears further information is needed before a decision is reached on this issue, and therefore additional time is needed to further consider this issue. MOTION: Probst moved, seconded by Aplikowski to table a discussion regarding retrocession until the December 13, 1993 Council meeting. Motion carried unanimously (5-0) . COUNCIL COMMENTS Councilmember Hicks commented that the sessions with the various committee & commission members at the last Worksession were productive. Councilmember Hicks noted that several Committees expressed a desire to meet with the Council twice a year. The Council concurred this would be discussed further in the next few months. Councilmembers Aplikowski and Probst agreed with Councilmember Hicks and added that it would be appreciated to meet with only one or two Committees at a time. . Councilmember Probst suggested that staff draft a letter to thank all the participants for their time and suggestions. Councilmember Probst updated Council and staff on the TCAAP issues. councilmember Probst commented he attended a meeting with Ramsey County, the National Guard and Mike Fix to discuss a request for a joint public works facility. Councilmember Probst is very encouraged by the involvement with these parties. A definite time table as not been determined. The primary issues remain the terms and identifying what property is excess. Administrator Person stated a Sanitary Sewer agreement between the state and the City of Shoreview is being requested to allow the State to empty into the City of Shoreview sewer system. The state is wanting to cleanse approximately 21 million gallons per year through this sewer system. The agreement would be similar to the agreement recently worked out with the city of Mounds View. ADJOURN MOTION: Probst moved, seconded by Aplikowski , to adjourn the meeting at 8:30 p.m. Motion carried unanimously (5-0) . . ---.---..-.--.- - Arden Hills Council 9 November 29, 1993 Thomas R. Sather, Mayor Dorothy A. Person, Administrator NOTICE OF MEETINGS: The next Council meeting will be held at the Mounds View High School cafeteria at 7:30 p.m., December 13, 1993. The next Council worksession will be held in the Public Works facility at 4:30 p.m., December 16, 1993. . . . MINUTES OF THE ARDEN HILLS COUNCIL WORKSESSION MEETING MONDAY, NOVEMBER 29, 1993, 6:00 P.M. - NEW BRIGHTON CITY HALL CALL TO ORDER Paul Malone called the meeting to order at 6:05 p.m. ROLL CALL The roll being called the fOllowing members were present: Councilmembers Paul Malone, Beverly Aplikowski and Dennis Probst. Also present: city Accountant Terrance Post, Park Director Cindy Severtson, Community Planning Coordinator Brian Fritsinger, City Administrator Dorothy Person and Recording Secretary Renee Kaulfuss. ADOPT AGENDA Malone moved, seconded by Probst, to adopt the Worksession Agenda as submitted. Motion carried unanimously. (3-0) 1993 TRUTH-IN Council was referred to the 1993 Truth-in TAXATION HEARING Taxation hearing scheduled for December 13, 1993 at the Mounds View High School cafeteria. . Mayor Sather arrived at 6:16 p.m. Public Works Superintendent Dan Winkel arrived at 6:23 p.m. Terry Post prepared a working draft of an outline and documents to use as reference for possible handouts at the Truth-in- Taxation hearing. On the circle graphs, a discussion arose regarding the Area Programs and whether this was regional or special taxing districts. This area should be defined as Regional Taxing District programs. On Page three, "Suburban City Tax Rates" illustration is showing that Arden Hills' tax rate is rated in the middle when comparing to the suburban communities surrounding Arden Hills. It was suggested to illustrate an example using a $100,000 home and taking the percentage of the tax capacity x this rate = city portion in dollars rather than rate. Page Four - "Analysis of Tax Capacity changes 1993 vs 1994", a definition of tax capacity was requested and to be located at the top of the page. It was further suggested to add another column to the right showing what the dollar changes do to the locally generated revenue. Upon further review it was suggested that the chart may be too involved and be used as reference, but not .