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HomeMy WebLinkAboutCC 02-08-1993 tt . . MINU'l'ES CT'l'V OF ARDEN HULS. MINNESOTA REGTH.l\1'l rTTv rOlT1'WTL MF,F,'1'TNG Febru~ry R, 1995 7:50 P.M. - City Hall ~~r.I,__'l'Q_QEP~EIRQr.r,-_GE-.l,r,: Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone. Also present were: City Attorney, Jerry Filla; City Planner, J()hn Bergly; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Depnty Clerk/Zoning Administrator, Catherine Iago; Recording Secretary, Shar Foster. ADOPT AGENDA Not~ was mRde that a re,rjsed ~genrla W~R printpd on Febrl]~l~Y ~ lqq~. Accountant Post askpa that the following ~~rlj,tjnn~' chaDges be m~dp to the ~genda: The item "Feqllest Al1thori?ation to Expend Adeli tj oD~l Fun(;p~ ()D 1JDoergrnllTln "rank R.=:>moiT;:31 Pl~njpct" bE:~ oJ:ldeo under "Unfinished and New Business", Item as 6c. Consent Calendar item 4c "Approve Bnsiness Licenses and Fubbish Haulers" incorporate the revised list of bnsiness licenses and haulers as amended February 8, 1993, and Consent Calendar item 4g "Approve List of Claims/Payroll" incorporate the revised list of accounts payable as amended February 8, 1993. MOTION: Malone moved, seconded by Hicks, to adopt the revised February 8, 1993 agenda including the additional changes noted above. Motion carried unanimously (4-0). lH'J:'.EQY..aL.OLQ9JJNCIL MINUTES HOTTON: Aplikowski moved, seconded by Hicks, to approve the mi.",ut",,, of th", .T;l.Duary 2.5, ] 993 Heglll'l.r Council Meet.ing as prep~red. Motion carried \IOan1mol1s1y (4-0). CONSENT CA.I,END!lR COllDcilmember Malone rRferred to Consent C~lendar item br relating to the 1993 Pavement Management. Improvements; he did not pulJ that item from the Consent Calendar item 4b, but asked that Council discuss the 1993 Pavement. Management Improvements under "Councj.l Comments". . .Arden Hi 11 s COIHlei 1 2 February 8, 1993 Malo~e moved, seconded by Hicks, to approve the Consent Calendar- and authorize execution of all necessary document.s contained t.heJ:'"ein. Hot.ion carried unanimously (4-0). M.OT ION: a. n . PUBLIC COMMENTS d. Di ,scu;c.r;i,on of 'Ra.:rn.SAY COl1nty Tl)r'TlDBf'.t- T.SSl1p.s Adopt Rpsn1lltioD No q~-ln Approvi_ng plans and S~p('ifications and ~llthoriztng ~~vertjsemeDt for Bids for 1993 Pavement Management Improvements (NOTE: SEE DISCnSSION UNDER "COUNCIL COMMENTS"). Approve Business Ilicenses and Rubhish B~111eY~ (incorporating amended Ij.st of haulers dated 2/8/93) Adopt Resolution No. 93-08 In Support of The Application For A Community Development Block Grant (CDBG) by Northwest Youth and Family Services (NYFS). Approve Agreement Between Ramsey County and the City regarding SCORE Funding Recycling Grant. Proclamation Declaring the Week of February 8 - 14, 1993 as Child Passenger Safety Awareness Week. Approve List of Claims/Payroll (incorporating amended list of accounts payable dated 2/8/93). e. f. g. Jean Lemberg, 1401 Skiles Lane. asked Council whether it may be appropriate to check into the possibility of reducing the spe~~ limit far olA SneJliDg sh~ actded that there have Dr::I(::.n r::.'!nrnrnpnr.s re('p.j"ed YP9;:1rd~.1.:":.0 the difficnJty e,f r.rnssi.':"19 thp stYRPt 8nd ot~py concerns relating to t~p posted speed limit on the street. She said apparently the state determines speed limits and if they are unable to reduce the speed of the entire street, perhaps they would consider at least a portion of the street. Mayor Sather said it may be appropriate to forward this issue to t.he Public Works/Safety Committee. Lemberg sa;.d she has discussed t.his request with that. committee. staff was directed to forward to the Public Works/Safety Commit.tee the request to investigate a possible speed reduction for Old Snelling. C:ollncilmember Malone commented that the State sets speed ~imits i.n ac~nrd~nce with specifi~ st~nrl~rrls. Hp called attentinn to the fact thRt when thpsp types of m?ttpys aye jy"",,psti aated bv '3taff nr (~0n?,l]l t.8T1tS _ p',Tpn i.f tnF rp0upsts , ... '. _ _ . ....'. _ .. . _, -. - ... .. -..l.' .- are 1 egitimate. thRre is a cost involved. Be added t.bat thA ~nst nf deali.ng with the old Snelling issue has already amounted to quite a large expenditure. . . . . Arden Hills council February 8, 1993 3 Councilmember Aplikowski commented that it is particularly dangerous to travel Old Snelling north of County Road E and F in the dark night hours, so she would support checking into the possibility of reducing the speed limit. UNFINISHED AND NEW.~YSINESS CA.!2JL23-0 l_-=-.ED.Q);:WATER ESTATES SU?PLEMENTAL PUD Planner Bergly stated that Case 93-01 involves a request to amend the PUD for Edgewater Estates by adding two units on the prn?rlT~Y w}I~('h W~R pre"iO\lsly the olrl City Ijft stRtion ~it~ H~ explRi~p~ that EdgpW8tpr Rstatps w~s nrigi.nal]y H:9prOVeo as " ")}-11T.i.t (lev.:==-l opmpnt.. 8nd t.}tp'r'P ;=tyPO r;lp--rently 29 existing units, Bergly illustrated preliminary plans as to the placement of the units and berming on the site. He noted that a two foot reduction in the height of the westerly berm would be appropriate. He advised that the Planning Commission reviewed this case and recommended 1) Waiving the development moratorium, 2) Approving the Concept Plan, and 3) Approving the preliminary Plat. Bergly added that the issues which need to be addressed later in the General Development plan include 1) Final oYHdino nlan and RDDYOVHl hv Rice Creek Watershed District, ?1 "A r;'s;ning of t.~~ property f~r()rn R-l t.n 'R-'3.- 3) A YF>vi sed landRcHping plan, and 41 A final plat. A.ttorn~y Fi 11a. .slJgg~ste!1 that. ronDell w:::d t to w;:dve the development TTH:)r:~-\-_f:1--ilJm unt:i.J t.np f-ina1 plat 5t.~G'=> of ;;:PI)l~()\.in 1 Councilmember Malone asked what specifics are known with regard to berming plans that are to be southeast of the townhouses. Bergly explained that the matter of berming is still not resolved, as residents have not come to a consensus on that issuel however, the matter would need to be resolved prior to final approval. Councilmember Hicks expressed concern with regard to an existing outlet pipe, measuring approximately 4" in di amet.e':', on the property. He commented that he woul d prefer not to depend on that outlet pipe for drainHge purposes. Bergly Doted Hicks' concern and said that matter would be examined. . . . ArdPD H5.11s C011DCil F~D~-;,~t"y P ~ qq-:: 4 }1(",'T' I O~': ~ M~10nA mn\re~, secondp~ by Hi~ks; with r~gard to c~s~ Q1-C1 to ~pprn17P the Concept Pl~n Amenrlment ~n~ th~ Preliminary plat for tWD additional units in the Edgewater Estates Development. Motion carried unanimously (4-0). Councilmembet' Malone advised the developer that concept plan and preliminary plat approval does not commit the City to final approval. OAK GROVE LANDFILL UPDATE As background and status repor-t on the Oak Grove Landfill issue, City Attorney stated that in october 1992, the Oak Grove "hauler group" fiJed a lawsuit with Federal nistrict Court against the parties involved in the Oak Grove Landfill hazRrdOl1S waste clean up matter (j.nc]lJ~ing Arden Hills an~ nt~py Giti~~~ At t~~t timp; P8dpr81 n~striGt ~0ur~ granted t'he n8l11p.1r OY(ll1rJ;:l timp DPr;ocl in ':..]l1;,'h ton c:nrnnilf> tnel.r . .. . . ~.. '" . .. - ,-' ... - ',' .. ...... . -- -..- . -- ,. - -..... '- .".. - -- ~asp an~ sprl7p notice on t~p partips thpy we~p slJi,ng. Fjlla ~~rlect th8t; at the rAqupst ~f thp halJlAr gr01Jp; Fedpr~l District Court recently granted a time ext~nsian. In the meantime, Fill a explained, t.he Environmental Protection Agency (EPA) has been persuaded to try to avoid litigation and has been negotiating with certain parties (included a group of cities) for settlement. He described the settlement which has been negotiated between cities and the EPA as a sort of "insl1xance policy", which for a cost of $26,000 would avoid the cities' involvement in future claims, and assure that neither the EPA nor the hauler group could sue the cities. Filla noted that the only contributions that Arden Hills is aware of ever having made to the Oak Grove landfill were four pick-up truckloads of damaged t.ree materials. He stated that while a $76,000 settlement would he a very high -prier-> t.o pay fny- C',;1r;1, ~ll lns-igrdfjr;;=lnt. ("ortTl,'hntie,n to thF 1 :4.n0f~ 11 1 t. may well pr-nvp t:-, bp rn11.('ll 1 p.s.s p:xpensivp t.han {"~0DtirlJing a legal. (lpfp,;',p,p lD tnis Crl,se. nl? 30'ded t1-:'.at continuing in a legal. defense wnll1d mean continued expnsur~ to lawsuits and claims. Councilmember Malone commented that this situation is clearly unreasonable from the City's standpoint, but it appears that there may be no other choice than to accept the $26,000 cost. Filla reiterated that there is now additional time in which to decide what action the City will take. . . . Arden Hills Council February 8, 1993 c. ADDITTONAL FUNDING FOR TTNDFRGROUND TANK RFMOVA1.. Arc;(')untant Post Yep(J1~t.P.r1 tl\:=!t i TI 'Nnvprnher 1 qq?.. (".C\llTH"i 1 Hpr'roVe(~ " ql1nte t.n r-prrrnre an llnderground fuel t.ank i and at. that time; the City was aw~rp that there ro8Y he ~d~itional ~0StS should thpye l)p cnnt~mi.natinn concerns related to t}p removal of the tank. Post explained that the tank and surrounding soils were physically removed during December 1992 and January 1993. It now appears that additional costs will be incurred for soil remediation, related engineering and reporting costs, and Council is being asked to approve that expenditure. He advised that a portion of these costs are eligible for a Minnesota Pollution Control Agency's "petrofund" refund. Councilmember Hicks asked what portion of costs are eligible for refund. Post advised that his understanding is that 90% of all contaminated soil remediation costs (excluding tank removal costs) are eligible fOt' refnnel. Post added that there is some final analysis work which needs to be accompl is'hArl. r...ibic'b (:(1111 (J po.ssibJ. Y IPsul t j n p'Jen more ('(,_st but ~t. tbis Dcdll+- -it i.s rlntir-;jr.;8tp(l tl-':=lt'- $19,400 w~T~ ne - - . 8c1eqll.:'1tJ~ tn (~()rnpletp ;:jll r:;nnt;::n-iliDa.t~(l snjl work r::ype.ct2d. MOTION: H~cks moved, seconded by Malone, to authori~e the expenditure of $19,400 for costs related to the remediation of contaminated soils, lJpOn recej.pt of documentation that n.o additional remedial work is required, and direct the contractor's engineer.ing firm to submit documentation for reimbursement to the Minnesota Pollution Control Agency. Motion carried unanimously (4-0). COUNCIL COMMENTS Councilmember Hicks advised that he will be absent from the February i/, 1993 Council meeting. 1 9 q 3 P!'.1JJ';Mf.N,'1'. Ji)l,NAGFMFN'l' rouncilmernber Malone referre0 tr, ",-p"F-'nt neWl:"; +.:h21 t. t.he ~i t::' YJi11 b.8VP $1)(J!onn i.n M.S~ fnr1ds wbic;n were nrH?'!pecterJ/ and Cl. mem0l:""?llcll1m from PlJDlic Wnyks S"\1:;?p1-:-intenn.ent W:n'k(;-,l 't"prJoy-t.jllg that there ar~ more street imD~0VP!n8nt npeds thAn PArlier identified. He snggested Council consider expanding the 1993 Pavement Management Program to include more streets. Public Works Superintendent Winkel stated that he has talked to the City Engineer about this issue. He added that he was notified on.ly last week of the unexpected MSA funds. . Arden Hills Council G February 8, 1993 Malone expressed frustration that the information regarding unexpected MSA funds was not known earlier, in light of the fact that the City has already ordered a public hearing for March 8, 1993 on the 1993 Pavement Management Program. He suggested delaying the March 8 puhlic hearing and requesting thp City Engineer prepare documentation for an expanded lqq~ p',~ogl:-;::lrrl. aDO thAn rescrlpoulp A plJhlic he.:=!l~ing tn h::l1'l01p th:=> PYn~n~prl ~Yog7~m 8S 0DP ~om~lpt~ ~8rk~0p. rilll.nr'; 1 A.pI ik0r.}J~ki P'Xprpq.~f':>d C0~1(;2nl.r::.: SDnut r>nsr-I'oning pl1blic he~rjngs that 8rp alrpady p\lhlished; and the possibility that engineering work completed thus far might be wasted, Attorney Filla said that Council has the authority to postpone and readvertise public hearings if they so desire. Councilmember Hicks speculated that engineering work done thus far would not be wasted because it would be incorporated into an expanded program. . Malone stated that since it is typical for some streets to be cut from the program after public hearings are held, he would propose the City Engineer expand the 1993 Pavement Management program to include about 70% more than can grt\]~11y he ?rrnmplishpd to allow for potential elimi,nation nf :="nme st.r"7et.p, pYlny +(1 f'ir'Ml ,:::;PPTcnr'31" M.8yor Sat-t!el::" COllrrrll:=nt t=>c1 th;=.t it ITi:=tV hp pff-; rlent tn pr()~e3,'3 :? revis~~: e~pan~pd lq~, prngram YRthF>Y thsn D.8lre tU0 senarate processes foy two smaller projects. CDuncilmember Hicks commented that the intent in getting the 1993 program prepared early in the year was to hopefully receive better bid prices early in the construction season. He realized, however, that perhaps bid prices might be better for one large project than two small projects. He said he had no strong preference as to whether the 1993 program should be expanded, but wanted to strive for the best possible bid prices, MOTION: Malone moved, seconded by Hicks, to: 1) Rescind the following Resolutions: Resolution No. 93-10 "Approving Plans and Specifications and Authoy'zing Advertisement for Bids for 1993 Pavement M.:=l.n::3_<}erDent Improvemi?ntstl (tn;s ~Gt~on ~8S 0Ylgi~811y t8kp~ HS p~rt of th", PF,hl1J~YY Ii. 1.99, CrlDsent Cal endar).. 'R':,:,:!'nl1~t l (in No q~-n8 ttR~,~pj'1~n0 ~hp Fp~sihility Fepnrt And Ordering A Public H~aring On March 8, 1993 at 7:30 p.m. On The Improvement In The Matter Of The 1993 Pavement Maintenance Improvement" . . Arden Hills Council 7 February 8, 1993 (this action was originally taken at January 25, 1993 Regular Council Meeting), and Resol ution No. 93-09 "Ordering Preparation of Plans And Specifications In The Matter of The 1993 Pavement Maintenance Improvements" (this action was originally taken at January ?s.. lqq3 RpQ'l1.1 al~ C()\JD~i.J Meeting) ,: a.Dc] ?) nirp0t the ~jty Fnginppy to prppar~ ? Y~'fisp~ ,qq~ Pavement Management prngram ~P8sibility Report to in~lllde more streets: in light of the R'rai]~~ility nf 11neKpec~ed MSA flJnding. Moti,on carried unanimously (4-0). Councilmember Malone directed staff to notify the City Engineer to prepare for about 20% more than can actually be accomplished in the 1993 program to allow for possible cuts. . BUDGET PLANNING Couocilmember Malone asked if a budget document would be avai~able soon for Council review. Accountant Post replied that he expected the document to be ready prior to the end of the month. CITY CHECKS Councilmember Malone asked if the checks now beiog used by the City could have some other identifying code other than reusable temporary cbeck nnmbers because the check nnmbering sequence is confusing. Accountant Post agreed and said the {"~1-I~..l("'k nnrnbs:?ring SPCJ:l.l./?JI"f" hpfnr-p Counc:i 1. thi c~ even; ng j s llDusual 5.D t~at i~ YPprpspnt~ t~~ rl~ims dpt~i.l for hot~ th~ '!'S!q~ 8n~ '!R!q~ ~nunc~l mpptings. WIlTEB__'l'Ql-1.EE_ L Tl}!{'T'S Councilmember Malone reported that the light on the south side of the water tower is not operating. Public Works Superintendent said he would see that the light is replaced. rOUNCILMEMBER TRAINING . councilmember Aplikowski reported that she has completed Counoilmember training offered through the Government Training Center and the League of Minnesota Cities. She thanked the c'ty for the opportunity to attend the training stating she fOllnd it ,rpry ~plpful . . . ,Jl.yi!,o::.D. Hil1~, rnl1n('~~' g F~br1.l;:l.ry R.. , gg3 ARSRNAL PPopppmy UpnAmp Mayor Sather reported that he recently met with Ramsey County officials regarding pursuing joint use of the arsenal property. He stated that although it does not appear that needs coordinate, it may be possible and cost effective to share such items as sand/salt storage, maintenance space, etc., and there is money available through the state to help facilitate these kinds of joint efforts. He provided an update as to what further steps are being taken to pursue the possibility of joint efforts. FF~~H~PQ~E WORKSESSION DAY Mayor sather ':equested Council consider changing the regular dRY for Council worksessions from the third Monday to the thi ,-d Tnesday of eve;:y month, in on:J.e', to a.~('ommodate '" .sr;np01l1 i ng [<()nfl i rt np n~'~. Cnunr; 1 agreed t.o thi_s cha.ngp. MO'J':rON: Malnnp moved; sAcondpd ~y Hi~k~i tn ampnd t~p ]qq3 rity Mppting r~lpnrl~r for tnp rpmaindpy of ],991 to r~f1ert legn 1:1 '( council. workSeS8:1. ons on trIP 1:rrl. Tuesday of each month rather than the 3rd Monday of each month. Motion carried unanimously (4-0). C;:Qr;r~KJL SEAT CANDIDATES Councilmember Malone asked how many candidates have applied for the unexpired term of former Councilmember Growe. Deputy Clerk Iago reported there are two candidates, the deadline for application has passed, and she understood discussion on this matter would take place at the next Council worksession. Councilmember Hicks asked if Council would li.ke to invite thp two caDdj~8t8s to the next Council wnr~spssinn for intpr,!;pwing plJrpn~P5 M~ynY R~theY st~tp~ th8t h~ ~lr~A~Y h~R 8 ~trnng prpfpypocp to qplprt thp candidate who has 8 lnng histnry ryf ~pr'Tic8 to th~ City. COlJnci] AoljknwRki aRked uh~t nrnrpsp ha~ tra~itjnnal]v bPPD - - - used to appoint a candidate to a vacant unexpired Council seat, stating that inviting the candidates for interviews would be a nice gesture. Sather said there is no tradition; that a variety of processes have been used in the past. Councilmember Hicks and Malone supported Sather's philosophy of preference for the candidate with a long history of service to the City despite the fact that the other candidate may have good qualifications. . " . . . Arden Hills Council 9 February 8, 1993 Sather recommended the appointment of Dennis Probst to fill the unexpired term of former councilmember Growe effective the next Council worksession, Pebruary 16, 1993. MO'l'ION: M;::l'nn~ 1T!rnrpn s':::'r'n,J1~rl hy Ap1ikrn.Jsk:i " tn +'"(3tify t.hi? ,"':t!?pr,i nt.ropr,t ()f Dpnni,c; Prnn.c:::t- rn thp llDPx.pirpd t.p.1-~m of foyrnpy ("'()\l11Ci Jm.pmner Grow€=' effActi ife Fpbrnary 1 f; _ 1 qq~. Motion carrien 'm~njmo1Jsly (4-0). Council discussed how to replace Mr. Probst on the Planning Commission, both as a member and as Chairperson. Councilmember Hicks recalled that there is one application on file with the City from ~ citizen who has expressed interest. in serving on the Planning Commission, and that applicant should be notified to see if they are still interested in the position. Council consensus was to seek Mr. Probst' recommendation with regard to a new Planning Commission Chairperson. ~Jl.IOUR_rl" MOTION: HJ cks moved., :::It g~~l p.m. secondp0 'hy MBl on?,. t.o adjo1Jrn t.he m~et.ing Mnti n~ r:;:n'-ri,p~ lJn811ilTl011sJ y (4-(1) ThnmAS R. Sather; Mayor Dorothy A. PPTsnn, Clerk ~dministYRtnY NO'l'TCP OP MEETINGS: REMINDER: Monday, February 15, 1993 is President's Day holiday. City Hall will be closed. The next Council worksession will be held Tuesday, February 16, 1993 at 4:30 p.m. The next regular Council meeting will be held February 22, 1993 at 7:30 p.m. at City Hall.