Loading...
HomeMy WebLinkAboutCC 04-08-1996 I' I (t I I I I I I Ie I I I I I I I " I MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING APRIL 8, 1996 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Aplikowski called to order the regular City Council meeting at 7:30 p_m_ Present: Councilmembers Beverly Aplikowski, Susan Keirn, Paul Malone, Dale Hicks. Absent: Mayor Dennis Probst. Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; Public Works Superintendent, Dwayne Stafford; Community Development Director, Kevin Ringwald; and Recording Secretary, Cathy Sorensen. ADOPT AGENDA Brian Fritsinger, City Administrator, stated Item A, Liability Insurance Coverage Changes, should be moved from the Consent Calendar to new Item A under Unfinished and New Business_ MOTION: Hicks moved and Malone seconded a motion to adopt the agenda for the April 8, 1996, Regular City Council meeting as amended. The motion carried unanimously_ (4-0). APPROVAL OF MINUTES March 25, 1996, Regular City Council Meeting: Page 4, First Motion, vote changed to read "The motion carried (4-1), Malone voting nay." Page 4, Second Motion, vote changed to rcad "The motion carried unanimously (5- 0). ARDEN HILLS CITY COUNCIL - APRIL 8.1996 March 18, 1996, Council Workscssion Meeting: No corrections. MOTION: Keim moved and Malone seconded a motion to approve the March 25,1996, Regular Council Meeting and March 18,1996 Council Worksession Meeting minutes as corrected. The motion carried unanimously (4-0). CONSENT CALENDAR A. Claims and Payroll MOTION: Malone moved and Keim seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein. The motion carried unanimously (4-0). PUBLIC COMMENTS Acting Mayor Aplikowski invited the audience to address the Council on any issue not already on the agenda. Paul Rem, 1670 Glenview Court, suggested that Arden Hills hold a townhall or neighborhood meeting to address broader community issues, maintain community quality, and have more resident involvement, as suggested by Mayor Probst Mr. Rem stated that New Brighton has held similar meetings, and it has been successful. Acting Mayor Aplikowski agreed that such a gathering would be beneficial in Arden Hills. Mr. Rem also suggested a City brochure with telephone numbers and other information would be beneficial for new residents. Acting Mayor Aplikowski stated the City has been working on such an item, and it would be available sometime in the future. The Council thanked Mr. Rem for his ideas. There were no further public comments at this time. UNFINISHED AND NEW BUSINESS A. Liability Insurance Coverage Changes Mark Lenz, T.e. Field & Company, reviewed for the Council two areas of coverage for consideration; Open Meeting Law Defense and Excess Liability Coverage. Mr. Lenz stated the City has Liability Coverage in the amount of $1 ,600,000, which includes the statutory limit of $600,000 plus an excess of an additional $1,000,000. He stated in 1994, the City elected to 2 .. I .. I I I I I I .. I I I I I I I .. I I I ,. I I I I I I Ie I I I I I I I f' I ARDEN HILLS CITY COUNCIL - APRIL 8. 1996 3 waive the monetary limits on tort liability established by MN Statutes, as the assumption that any coverage beyond the basic $600,000 was an acceptance of liability beyond the statutory limitation of $600,000, and the maximum the City would be liable for was $600,000. Mr. Lenz explained the Minnesota State Statute liability limit is $600,000, but the City is exposed to some kinds ofliability to which the statutory limits do not apply. He stated by waiving the monetary limit, the City was actually stating the higher coverage limits would be available for all claims, including claims to which the statutory liability limits would have applied. Councilmember Keirn inquired if purchasing excess coverage from the League of Minnesota Cities Insurance Trust and waiving the monetary limits would be sufficient if both the City and EDA were found liable. Mr. Lenz stated the $1,600,000 liability insurance is the limit, and that the EDA is written with the same policy as the City. He stated it would have no change on the . . . waiver versus non-waIver Issue. Council member Malone stated the Council has considered this before, and the understanding then was that the City could not purchase excess insurance for claims not covered if not waived. Mr. Lenz stated excess insurance could be purchased. Councilmember Malone inquired what the amount of excess insurance would be. Mr. Fritsinger stated the amount would be $1,000,000. MOTION: Malone moved and Hicks seconded a motion to adopt the Liability Insurance and Open Meeting Defense Coverage Changes as presented, Purchase Excess Liability in the amount of$I,OOO,OOO, Elect to not Waive the Monetary Limits on Tort Liability, and authorize execution of all necessary documents contained therein. The motion carried (3-1), Keirn voting nay. B. Planning Case #96-02. Stephen Nelson - Front Yard Setback Variance and Utility and Drainage Easement Vacation Kevin Ringwald, Community Development Director, reviewed for the Council that the applicant is requesting approval of a utility easement vacation for sanitary sewer to allow for more buildable area on the subject property. He stated the applicant is requesting the utility easement be vacated and rededicated to allow for greater buildable area in the direction of Lake Johanna's west shore. He stated the Planning Commission recommends the application be approved based on the following conditions: 1. Construction of the new sanitary sewer line and demolition of the existing sanitary sewer line is to be accomplished without the loss of service to any residential property; ARDEN HILLS CITY COUNCIL - APRIL 8, 1996 2. Payment for the relocation of the sanitary sewer line is to be the responsibility of the applicant; 3. Provision of plans and specifications for the new sanitary sewer line which are designed to City engineering standards; 4. Approval of the plans and specifications for the new sanitary sewer line by the City Council; 5. Inspection and acceptance of the new sanitary sewer line by the City prior to the elimination of the existing sanitary sewer line; 6. Installation of silt fencing is required between the construction area and the lake prior to the commencement of construction activities; 7. Approval of the necessary grading permit; 8. Provision of the smallest anlOunt of bare ground is exposed for as short a time as feasible; 9. Provision of temporary ground cover, such as mulch, is used and permanent ground cover, such as sod, is established; 10. Provision of methods to prevent erosion and trap sediments are employed; 11. Provision of fill that is stabilized to accepted engineering standards, approved by the City Engineer; 12. Compliance with the requirements of City Code, specifically Chapter 20.5; 13. Agreement with the applicant indemnifying the City in the case of service interruption; and 14. The City needs to accept and convey the easement and proposed sanitary sewer linc from the applicant to the City. Mr. Ringwald also stated the applicant is requesting approval of a 30 foot front yard building setback when a 40 foot setback is required. He stated the applicant is requesting the variance so the property would have a similar building setback from Sandeen Road as the adjacent properties. Mr. Ringwald noted the property is within the shoreland management zone of Lake Johanna, and subject to the Shoreland Management regulations (Chapter 20.5) of the City Code. He stated the Planning Commission recommends approval of a five foot front yard variance 4 I I .. I I I I I I .. I I I I I I I .. I I . .- . . . . . . .~ . . . . . . . .- . ARDEN HILLS CITY COUNCIL - APRIL 8, 1996 5 based on the property's steep topography and prevailing front yard setback on the adjacent properties, subject to the following condition: 1. Compliance with the requirements of the City Code, specifically Chapter 20.5. Councilmember Malone inquired if the Department of Natural Resources (DNR) understood the maximum allowable impervious area. Mr. Ringwald stated the front yard of this property is adjacent to Sandeen Road, not Lake Johanna as the DNR letter indicates. Councilmember Malone noted the applicant owns approximately 80 percent of Lot 19, and the neighbor owns 20 percent He stated the lot's configuration is unusual, and not suitable for a lakeside lot He inquired if the lot could be subdivided and reconfigured, merging Lots 19 and 20. Mr. Ringwald stated that a consolidation could be accomplished with a Registered Land Survey (RLS). Council member Malone inquired if the manhole between Lot 20 and 21 meets current engineering standards. Dwayne Stafford, Public Works Superintendent, stated the manhole has a six percent slope, and a one percent drop in the other manhole. He stated it is not the best contiguration, but is adequate. Councilmember Hicks inquired if Lot 19 was not consolidated. He stated the building footprint will have to be confined to the sideyard setback for Lot 20. Stephen Nelson, 3280 Sandeen Road, stated the lots are on a single tax statement, and was consolidated previously. He stated,in relationship to Lot 19, that there is approximately 50 feet along the road, and 12 feet along the lake, and the remaining parts were sold to Mrs. McCloskey. Mr. Nelson stated there is minimal shoreland frontage. Councilmember Hicks stated he did not want the applicant to come before the Council in 10 years with a variance request on Lot 19. Councilmember Hicks inquired if the applicant was willing to consolidate the lots. Mr. Nelson stated it would be cost prohibitive, but he would be willing to state that he has no intention of subdividing or combining the subject lots. Councilmember Keirn verified that there was only one abstract, so the lots were already combined. Councilmember Hicks inquired what the existing structure would be used for. Mr. Nelson stated he intends to use it as it is, as rental property. He stated it may be removed in the future, but now he only wants to know the potential building area. ARDEN HILLS CITY COUNCIL - APRIL 8. 1996 Councilmember Hicks inquired what the distance was of the sideyard on the north end of Lot 20. ML Ringwald stated is was approximately 10 feet Acting Mayor Aplikowski inquired how one lot could be created under one abstract. ML Ringwald replied that an RLS could accomplish that Mr. Nelson stated a RLS would be approximately $4,000, and would not be willing to pay the additional costs, as the project is already more than he anticipated. Mr. Ringwald suggested, if the Council is uncomfortable with proceeding, then postpone the planning case while staff researches to verify if the property has been consolidated. Acting Mayor Aplikowski stated the Council does not wish to postpone the project, but only wished to clarify the lot di visions. ML Nelson noted the Lot 19 is not a fulliot, and cannot be built on anyway. He stated he needs to move forward on the project. Councilmember Hicks inquired what the total square footage of the lot was. ML Ringwald stated it is 15,485, and includes the Lot 19 portion. Council member Hicks stated he assumes it is one lot, as R-2 zoning does not allow lot sizes less than 11,000 square feet Council discussed lot sizes at length, and determined that Lot 19 was unbuildable and should not be subdivided in the future, based upon its smaller size. MOTION: Hicks moved and Malone seconded a motion to adopt Planning Case #96-02, Stephen Nelson - Front Yard Setback Variance and Utility and Drainage Easement Vacation, subject to the conditions as set forth by the Planning Commission recommendations. The motion carried unanimously (4-0). ML Nelson clarified that there will bc approximately four hours of lost service during the sanitary sewer line construction. C. Resolution No. 96-24. Acceptin!! Bid and Authorizing Execution of Contract in the Matter of the Lift Station #6 Modifications Dwayne Stafford, Public Works Superintendent, reviewed for the Council that Lift Station #6 has been identified for modifications due to its age, type of construction, and safety reasons. He stated proposals were received from three companies; Tri-State Pump and Equipment Company, Waldor Pump Company, and Quality Flow Systems. ML Stafford stated after reviewing the proposals with Mr. Janski, MSA Engineer, StafIrecommends accepting the bid of$23,544.50 from Quality Flow Systems. ML Stafford stated Tri-State's bid did not include a new concrete top with aluminum hatch, and Waldor Pump's bid did not include site restoration. ML Stafford stated $26,600 has been included in the 1996 budget for this modification. 6 I . -. . . . . . . ~. . . . . . . . -. . I I ,. I I I I I I Ie I I I I I I I ft I ARDEN HILLS CITY COUNCIL - APRIL 8. 1996 7 MOTION: Malone moved and Keim seconded a motion to adopt Resolution No. 96-24, Accepting Bid and Authorizing Execution of Contract in the Matter of the Lift Station #6 Modifications. The motion carried unanimously (4-0). ADMINISTRATOR COMMENTS Mr. Fritsinger noted that curbside recycling stutTers will be included with the City utility bill within the next two weeks. Acting Mayor Aplikowski noted that cardboard boxes can now be used for recycling. Mr. Fritsinger stated a memo had been included in the Council packet regarding the Cleveland Avenue Bridge, which was closed on April 4, 1996, due to a hole in the deck. Mr. Fritsinger stated Mr. Stafford will be meeting with the County to re-prioritize repairing the bridge now that it is closed, and would like to Council's input as to whether the City should recommend relocating the bridge and adding a signalized grade crossing or replacing the entire bridge at its current location. Mr. Fritsinger stated replacing the bridge would cost the City $20,000, where a signalized grade crossing would be no cost. Councilmember Malone stated the railroad nses that area extensively for storage and crossing with trains. He stated while bridge reconstruction would be more expensive, a signalized grade crossing would not be a good alternative. Councilmember Hicks stated approximately 10 people attended a meeting regarding the bridge to get input from the area residents. He stated residents were concerned about decreased access if a signalized crossing was constructed. Counci1member Keirn stated she did not receive a notice of the public hearing. Mr. Stafford stated the area notified by Ramsey County was supposed to include each property owner up to two blocks east of Cleveland Avenue. Acting Mayor Aplikowski stated that bridge reconstruction would be better for the City. Councilmember Malone stated since the mounts for the bridge are existing, and the railroad is very active, a bridge reconstruction would be a better alternative than a signalized crossing. COUNCIL COMMENTS Councilmember Malone noted the Planning Commission meeting has been rescheduled for May 8,1996. Councilmember Keirn inquired who would be attending the Human Rights Committee meeting with her on April 9, 1996. Mr. Fritsinger stated he would be joining her. ARDEN HILLS CITY COUNCIL - APRIL 8, 1996 Acting Mayor Aplikowski noted the Sub-Chamber Gala will be held on May 1, 1996, and suggested Council participate. Acting Mayor Aplikowski noted the League of Cities meeting in Rochester on June 11, 1996. She also noted she will not be available for the Council W orksession or the Economic Development Committee meeting, as she will be out ofto\^'TI. ADJOURN MOTION: icks moved and Malone seconded a motion to adjourn the meeting at 8:42 p.m. T motion carried unanimously (4-0). Brf<m Fntsinger City Administrator Dennis Probst Mayor NOTICE OF MEETINGS The next regular City Council meeting will be held April 29, 1996, at 7:30 p.m. at New Brighton City HaiL 8 I I .. I I I I I I .. I I I I I I I -- I