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HomeMy WebLinkAboutCC 05-13-1996 . . .- . . . . . I .. . . . . I . . .. . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MAY 13, 1996 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Probst called to order the regular City Council meeting at 7:30 p,m, Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Susan Keirn, Paul Malone, Dale Hicks, Absent: None, Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; Public Works Superintendent, Dwayne Stafford; Community Development Director, Kevin Ringwald; City Engineer, Greg Stonehouse; and Recording Secretary, Cathy Sorensen, ADOPT AGENDA Brian Fritsinger, City Administrator, noted the removal of Item A, Committee Appointments, from the Consent Calendar. MOTION: Keirn moved and Aplikowski seconded a motion to adopt the agenda for the May 13, 1996, Regular City Council meeting as amended, The motion carried unanimously (5-0). APPROVAL OF MINUTES April 29, 1996, Regular City Council Meeting: No corrections. MOTION: Malone moved and Aplikowski seconded a motion to approve the April 29, 1996, Regular Council Meeting minutes as presented, The motion carried unanimously (5-0), . . .- . . . . . I .. . . . . . . . .. . ARDEN HILLS CITY COUNCIL - MAY 13. 1996 2 CONSENT CALENDAR A. Claims and Payroll MOTION: Malone moved and Aplikowski seconded a motion to approve the Consent Calendar as presented, and authorize execution of all necessary documents contained therein, The motion carried unanimously (5-0), PUBLIC COMMENTS Mayor Probst invited the audience to address the Council on any issue not already on the agenda. There were no public comments at this time. UNFINISHED AND NEW BUSINESS A. Pav Estimate #1. SWM 509 Lake Josephine Outlet and Karth Lake Ravine Iml}rovements Greg Stonehouse, City Engineer, reported to the Council that the total amount for construction completed to date is $38,170,00 of a total contract amount of $54,466,00, Mr. Stonehouse stated of the amount earned to date, ten percent is being retained, leaving a recommended payment amount of $34,353,00. Mr, Stonehouse stated 80 percent of the work is complete, with the bituminous bike trail near Hamline A venue to be completed by the end of the week, and all the work completed by the end of May, 1996. Mayor Probst inquired if the actual contract amount will be within the expected range. Mr. Stonehouse stated he expects the final amount will be slightly under the original contract. MOTION: Malone moved and Aplikowski seconded a motion to approve Pay Estimate #1, SWM 509 Lake Josephine Outlet and Karth Lake Ravine Improvements, The motion carried unanimously (5-0), B. Adopt Resolutions #96-25a and #96-27a. Amending Previously Adonted Resolutions Relating to the Old Highway 10 Watermain and 1996 Street Iml}rovement Project Assessment Hearings Meeting Location I . I- I . . I . I I. I I I I I . I .. . ARDEN HILLS CITY COUNCIL - MAY 13. 1996 o J Mr, Fritsinger stated that at the April 29, 1996, City Council meeting, the Council Approved Resolution Numbers 96-25 and 96-27, relating to the 1996 Street Improvement Project and the Old Highway 10 Watermain Project. Mr. Fritsinger explained that within the two resolutions are statements scheduling the time, date, and location for the two public hearings related to these projects. He stated that Staff has clarified the location for the May 28, 1996 meeting must be changed to the New Brighton Family Services Center, because of the conflict of the New Brighton City Council using their chambers for a New Brighton City Council Meeting at that time, Mr. Fritsinger stated the City Attorney, Jerry Filla, has recommended the Council first move to amend Council action taken at the April 29, 1996, meeting to approve the resolution, then move to adopt the revised resolutions, stating the correct time and location of the public hearings, Mayor Probst clarified that the public hearing notices sent contain the correct date, time, and location, MOTION: Hicks moved and Malone seconded a motion to amend Resolutions # 96-25 and #96-27, Adopting Resolutions Relating to the Old Highway 10 Watermain and 1996 Street Improvement Project Assessment Hearings, The motion carried unanimously (5-0), MOTION: Hicks moved and Malone seconded a motion to adopt Resolutions #96-25a and #96-27a, Amending Previously Adopted Resolutions Relating to the Old Highway 10 Watermain and 1996 Street Improvement Project Assessment Hearings Meeting Location. The motion carried unanimously (5-0), C. Adopt Resolution #96-30. Supportinl! Cooperative Participation in the North Metro 35W Corridor Coalition Mr, Fritsinger stated that City Staff has been meeting with representatives of the cities of Shoreview, New Brighton, Mounds View and Roseville, for the purpose of discussing issues which affect each community and considering alternatives for creating a strategic alliance to address the issues ofthe 35W Corridor. Mr. Fritsinger stated the issues related to transportation, housing, polluted site clean-up, and commercial and industrial development. He continued that other topics included GIS, lobbying, financial assistance, and CDBG funding, and may include broader subjects such as marketing development opportunities within the corridor, and the Livable Communities Act. Mr. Fritsinger stated there is no financial commitment to participate in the coalition, and that the benefit to participating in the coalition is the strength in numbers it provides, . . .. . . . . . . .. . . . . . . . .e . ARDEN HILLS CITY COUNCIL - MAY 13. 1996 4 Councilmember Malone stated the 35W Corridor Coalition is a good idea, and inquired if other cities are adopting a similar resolution, Mr. Fritsinger stated that two other cities are adopting similar resolutions this week. Mayor Probst stated that he has spoken with the mayors of the corridor cities except Roseville, and all are very interested in pursuing the coalition, He stated that the transportation issues on 35W will be significant, as it is going to impact all the cities along the corridor. MOTION: Hicks moved and Keim seconded a motion to adopt Resolution #96-30, Supporting Cooperative Participation in the North Metro 35W Corridor Coalition. The motion carried unanimously (5-0), D. Adopt Resolution #96-31. Accepting Donation of Property at 1400 Indian Oaks Court Kevin Ringwald, Community Development Director, reviewed tor the Council that Ms. Sandra Welton, 1409 Indian Oaks Court, is requesting the City to accept her donation of property at 1400 Indian Oaks Court, He stated the property contains a pond which services the drainage needs of the general neighborhood, He stated Ms, Welton resides on a separate lot which is directly south of the subject property, and will not be affected by the proposed donation with respect to setbacks, lot size, etc, Mr. Ringwald stated Ms, Welton is requesting the City to accept her donation, as the general public benefits by the surface water management and aesthetic qualities provided by the pond. He stated Ms, Welton will be responsible for the taxes which may be due prior to the Warranty Deed being recorded, Mayor Probst inquired how the pond was planned on a private lot, and not platted as an outlot. Mr, Ringwald stated the plat originally showed the parcel as an outlot, and that he was unsure of why or when it was changed to a lot. He stated the land is obviously undevelopable, and should have remained an outlot, Councilmember Hicks inquired of the depth of the pond, Mr. Ringwald stated he did not know the depth of the pond, Councilmember Hicks inquired if fencing or other means of safety measures would need to be installed, as the City may have a legal responsibility to protect children from the entering the pond, I . .e I . . I . . I. . . I I I I . .. . ARDEN HILLS CITY COUNCIL - MAY 13. 1996 5 Mr. Ringwald stated he could not render a legal opinion, but noted that the City has been maintaining the pond, and would likely have been held responsible before if an incident had occurred, MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution #96-31, Accepting Donation of Property at 1400 Indian Oaks Court, The motion carried unanimously (5-0), E. Planninl! Case #95-23. Bart Buetow. Minor Subdivision. 1433 Forest Lane Mr. Ringwald reviewed for the Council that the applicant is requesting approval of a [mal Registered Land Survey (RLS) consisting of three tracts on a 1.11 acre parcel zoned R-I Single Family Residential District. He stated the Planning Commission recommended approval ofthe preliminary RLS on February 7, 1996, and was approved by the City Council on February 26, 1996, He stated the final RLS was recommended for approval by the Planning Commission on April 3, 1996, subject to the following conditions: I) Provision of the appropriate utility and drainage easement documents for review by the City Attorney and approval by the City Council; 2) Recording of the utility and drainage easement documents with Ramsey County with the RLS; 3) Provision of a temporary rock construction entrance, as described in Exhibit C of the Staff memorandum (dated February 7, 1996); 4) Compliance with the Zoning Ordinance, Section VI, G, 8, a and b; 5) Modification of the silt fence, such that the trees to be preserved are wholly located on one side of the silt fence and the area to be disturbed is located on the other side of the silt fence; 6) Provision of snow fencing around all trees (including their drip lines) that fall outside of the proposed building area on Tracts Band C, as shown on Exhibit A, page I of2, of the Staff memorandum (dated February 7,1996); 7) Payment ofthe appropriate park dedication fees; 8) Removal ofthe brick retaining wall on Tracts A and B, prior to the issuance of any building permits or the transfer of title on Tracts A and B; and I . .- . . I I . I I. I I I . I I I .. I ARDEN HILLS CITY COUNCIL - MAY 13. 1996 6 9) Removal of the porch on the southeast comer of the home on Tract A (1433 Forest Lane) prior to the issuance of any building permits or the transfer of title on Tracts A and B, Mr. Ringwald stated that subsequent to the Planning Commission's recommendation, the applicant has informed Staff that they will only be selling Tract C immediately, A family member (Geruth Buetow) is going to purchase and move into the existing home (1433 Forest Lane), and that Tracts A and B will be retained by Ms, Buetow into the foreseeable future, He stated the wording of Conditions 8 and 9 should be reviewed, since these conditions may be not be enforced for a considerable period of time, and Staff is concerned about tracking these conditions over a decade or more oftime, Mr. Ringwald stated that Staff discussed with the applicant the possibility of withdrawing the RLS and just selling Lot 18 as platted, or modifying the final RLS by combining Tracts A and B into a single Tract. He stated the applicant wishes to have the Council act on their original request. Mr. Ringwald stated that Cindy Walsh, Director of Parks and Recreation, has recommended a park dedication fee of $8,085; $3,990 for Tract B and $4,095 for Tract C, with no fee for Tract A, since that Tract has an existing home already located on it. Mayor Probst inquired if Staff had a recommendation of the appropriate method for approval, Mr. Ringwald stated the Council has several options, including covenants requiring removal of the retaining wall and purchase prior to building or occupying on Tract A or B. He stated Jerry Filla, City Attorney, suggested a covenant, as other options explored aren't acceptable to either the applicant or the City, Mr. Fritsinger clarified that while Mr. Filla originally recommended a covenant for the property, he needs to review the covenant option further before making that recommendation, Ms. Geruth Buetow, 1201 Dayton Avenue, St. Paul, stated she wanted to purchase the property earlier, but health and financial considerations prevented her from doing so, She stated the house and land have been in the family for almost 50 years, and holds family history as well as Arden Hills history, as it was one of the first homes built in the City. She stated that purchasing the home will address the neighborhood concerns of having two homes on the property instead of three, and will be a better economic option to the City in park dedication fees, etc, Mayor Probst stated he has no issue with approving the final RLS if an acceptable means of documentation is found, I I I- I I I I I . '. . I I I I I I .. I ARDEN HILLS CITY COUNCIL - MAY 13. 1996 7 Coul1cilmember Hicks stated he has no issue with approving the final RLS as well, He inquired if the RLS has any time limit before filing, Mr. Ringwald stated that once the RLS is approved, the applicant has 60 days to record the final RLS or the approval is void. Councilmember Hicks inquired what concerns Mr, Filla has with the covenant option. Mr. Fritsinger stated Mr. Filla felt the covenant option would be simple, but may be difficult to track if the land stayed within the family, Mayor Probst inquired if the deed would change upon purchase, Ms, Buetow verified it would, Mayor Probst suggested placing restrictions on both lots, Mr. Ringwald stated that language could be linked to both lots, Mayor Probst inquired if the RLS could be approved conditioned upon the City Attorney's approval. Mr. Fritsinger stated that could be done, Councilmember Aplikowski inquired if the lot sizes were equaL Mr. Ringwald stated that Lot A was the largest, B the smallest, and C in between. Councilmember Aplikowski inquired if the lot sizes could be changed. Mr. Ringwald stated they could not, as they would not meet lot width requirements, Mayor Probst stated the RLS could be approved subject to the City Attorney approval, as it is not the City Council's function to decide on the mechanism. Councilmember Hicks inquired what the cost of the RLS was, and if another RLS could be done, keeping Tract A and B together. Ms, Buetow stated the RLS was approximately $2,000, She stated she felt it unlikely the family would sell Tract B, but wanted to keep the economic option available, Coul1cilmember Keirn inquired if the family could do nothing and sell Lot] 8, Mr. Fritsinger stated that future councils would be faced with the issue, and was concerned about future regulations, MOTION: Hicks moved and Aplikowski seconded a motion to approve Planning Case #95- 23, Bart Buetow, Minor Subdivision, 1433 Forest Lane, subject to the conditions outlined in the Staff recommendations, with Conditions 8 and 9 revised once protected by either a covenant or other mechanism acceptable to the City Attorney, The motion carried unanimously (5-0), Councilmember Hicks clarified that the park dedication proposed by Ms, Walsh would still be appropriate if the current RLS is filed, outlining the three lots, I I I. I I I I I I I. I I I I . . . .. . ARDEN HILLS CITY COUNCIL - MAY 13. 1996 8 ADMINISTRATOR COMMENTS Mr, Fritsinger noted the Parks and Recreation meeting is scheduled for May 21, 1996, not May 28th, Mr. Fritsinger stated that the repairs needed to the swimming pool at Arden Manor will be completed, and the pool will open around June I, 1996, subject to the weather. Mr. Fritsinger stated the drainage and access issues to the other park facilities still continue until such time that the property owner makes additional site improvements. Mayor Probst inquired of the status of Perry Park. Mr. Fritsinger stated it is going well, with an additional donation from Land 0' Lakes of between $5,000 to $10,000, Mr. Fritsinger stated the estimated 1997 HACA report projects a $3,000 increase for 1997, He stated the Local Performance Aid Program, will add additional funding estimated at $10,500, should the City apply, COUNCIL COMMENTS Councilmember Hicks stated he was pleased to hear the pool was being repaired at Arden Manor. Councilmember Malone clarified that the 1996 HACA amount was $87,000. Councilmember Aplikowski stated she will be attending the entire League of Minnesota Cities upcoming session, Mayor Probst noted he will be attending one day of the session, Councilmember Aplikowski inquired if anyone would be attending the upcoming G,LS, workshop, Councilmember Aplikowski stated she may attend ifher schedule permits, Councilmember Aplikowski stated a raccoon is living under her shed, and inquired if animal control can assist her in removing the animal. Mr. Ringwald stated he will contact her to assist. Councilmember Aplikowski stated the treasurer of the Northwest Youth and Family Services (NYFS) has requested to speak to the Council regarding increasing funding for program efforts, Mayor Probst suggested adding this as an agenda item at the next worksession. Mr. Fritsinger inquired ifNYFS has received any further information regarding Community Development Block Grant (CDBG) funds, as he understands that I-lousing and Urban Development (HUD) has been reviewing the use of these funds by NYFS, Councilmember Aplikowski stated she had no further information, I I .- I . I . . I I. I . . I I . I .e I ARDEN HILLS CITY COUNCIL - MAY 13. 1996 9 Councilmember Keirn inquired if the City has taken an official position regarding the Blaine Sports Center Complex. Mr. Fritsinger stated the City has not taken an official position as of yet and additional meetings and presentations will be held with the City Council prior to that decision being made. Mayor Probst stated the Metropolitan Council is holding four open houses, and he intends to attend the May 30th open house in Shoreview. Councilmember Malone commented on the Met Council and Builders Association of Minnesota growth options. He stated it is an interesting dilemma. AD.JOURN MOTION: Malone moved and Keirn seconded a motion to adjourn the meeting at 8:17 p.m. he motion carried unanimously (5-0). Ba::.r City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held May 28, 1996, at 7:30 p.m. at New Brighton Family Services Center.