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HomeMy WebLinkAboutCC 07-29-1996 I -. I I I I I I I .. I I I I I I ~ I MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING JULY 29, 1996 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Beverly Aplikowski called to order the regular City Council meeting at 7:31 p,m, Present: Acting Mayor Beverly Aplikowski, Councilmembers Dale Hicks, Paul Malone, and Susan Keirn, Absent: Mayor Dennis Probst Also present were: City Administrator, Brian Fritsinger; City Accountant, Terry Post; City Engineer, Greg Stonehouse; Public Works Superintendent, Dwayne Stafford; Community Development Director, Kevin Ringwald; Parks & Recreation Director, Cindy Walsh; Administrative Secretary Sheila Stowell; and Recording Secretary, Carla Wirth, ADOPT AGENDA MOTION: Keirn moved and Malone seconded a motion to adopt the agenda for the July 29, 1996, Regular City Council meeting as presented, The motion carried unanimously (4-0), APPROVAL OF MINUTES July 8, 1996, Regular Council Meeting No corrections. July 15, 1996, Council WORK SESSION Meeting No corrections. July 15, 1996, Special Council Meeting No corrections. I I. I I I I I I I .. I I I I I I ~ I ARDEN HILLS CITY COUNCIL - JULY 29. 1996 2 MOTION: Malone moved and Keirn seconded a motion to approve the July 8, 1996, Regular Council Meeting minutes as presented, the July 15, 1996, Council WORK SESSION Meeting minutes as presented, and the July 15, 1996, Special Council Meeting minutes as presented, The motion carried unanimously (4-0), CONSENT CALENDAR With regard to Consent Calendar Item A, Brian Fritsinger, City Administrator, advised that letters of interest have been received from two individuals who served on the Task Force, Dorothy McClung and Sue Schroeder. A. Creation of Newsletter Committee and Appointments to Committee B, LMC Request Regarding Public Rights-of-Way C, Claims and Payroll MOTION: Malone moved and Hicks seconded a motion to approve the Consent Calendar as revised, 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, There were no public comments, UNFINISHED AND NEW BUSINESS A. Perry Park Final Pay Estimate (No.5) Greg Stonehouse, City Engineer, recommended Council approval of the Final Pay Estimate to Veit & Company, Inc, in the amount of$27,205,05 which would release all retainage currently being withheld, He explained there are still some issues with the irrigation system and stated he believes that adequate safeguards exist, through the use of the contractor's warrantee bond, to resolve any irrigation system performance issues, He recommended approval, contingent upon submittal of a consent of surety from the contractor's bonding company and Minnesota Tax form IC-134, MOTION: Hicks moved and Malone seconded a motion to approve the Perry Park Final Pay Estimate (No, 5) in the amount of $27,205,05, contingent upon submittal of a consent of surety and Minnesota Tax form IC-134, The motion carried unanimously (4-0), ~ . . l . . j I I . - - 3. L ARDEN HILLS CITY COUNCIL - JULY 29. 1996 3 B. Karth Lake Ravine/Lake Josephine Outlet 509 Project Final Pay Estimate Mr. Stonehouse explained that the Karth Lake RavinelLake Josephine Outlet 509 Project is complete and all punch list items have been completed for the Karth Lake portion of the project. He advised the City has received the consent of survey from the contractor's bonding company and Minnesota Tax form IC-134, and recommended the Council approve the final pay estimate to Jay Brothers, Inc, (payment to Northern Escrow, Inc,) in the amount of$20,089, MOTION: Keirn moved and Hicks seconded a motion to approve the Karth Lake Ravine/Lake Josephine Outlet 509 Project Final Pay Estimate in the amount of $20,089, as submitted, The motion carried unanimously (4-0), C. 1996 Street Improvements Pay Estimate #1 Mr. Stonehouse explained that the total amount for construction completed to-date on the 1996 Street Improvement Project is $29,431.50 of the total contract amount of $379,973.43, He recommended Council approve Pay Estimate No, I to T,A. Schifsky & Sons, Inc" in the amount of $26,488.35 which is net of a ten percent retainage holdback of $2,943,15, The pay estimate is for a period from June 17, 1996, to July I, 1996, and represents approximately seven percent completion of the total project. MOTION: Malone moved and Keirn seconded a motion to approve the 1996 Street Improvements Pay Estimate #1, to T,A. Schifsky & Sons, in the amount of $26,488,35, as presented, The motion carried unanimously (4-0), D. 1996 Trail Improvement Project Change Order Cindy Walsh, Parks & Recreation Director, advised staff has negotiated and reached a settlement with the North Townhome Association regarding their irrigation system which lies within the City's easement. The updated estimate includes approximately $2,000 for the relocation of their irrigation system that lies within the City's easement and the North Townhome Association has agreed to provide the City with additional easement in the area south of Arden View Drive, Acquiring this easement will allow the trail to be constructed in the current location of the grass hiking trail. Ms, Walsh noted that the Council inquired, at its June 24, 1996, meeting, whether Thor Construction, Inc, would be willing to give the City a price quote for the Northern Trail segment. She advised the contractor has indicated they can complete the work in conjunction with the 1996 trail construction for the same unit prices outlined in the current contract. Mr. Stonehouse commented on the portion ofthe City's easement which consists of wetland and advised that the project impacts less than 2,000 square feet but a question remains as to whether the City can obtain the permit in 1996, or have to wait until 1997 , so staff has not been able to determine if the project can be completed yet this year, I .. I I I I I I I .. I I I I I I I. I I ARDEN HILLS CITY COUNCIL - JULY 29. 1996 5 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 B and C, as shown on Exhibit A, page I of2 of the Staff memorandum (dated February 7,1996); 7, Payment of the appropriate park dedication fees; 8, Removal of the brick retaining wall on Tracts A and B, prior to the issuance of any building permits or the transfer oftitle on Tracts A and B; and 9, Removal of the porch on the southeast comer ofthe 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, Council member Malone asked if staff s recommendation results in an extension of previous approval. Mr. Ringwald answered affirmatively, MOTION: Hicks moved and Malone seconded a motion to approve Planning Case #95-23, Buetow Final Plat, based on the original conditions of approval. Motion carried unanimously (4-0), F. Planning Case #95-16, Balfany Preliminary Plat, Thorn Drive Mr, Ringwald reviewed the number of times the development of this property has been considered in the past and advised that the applicant is now requesting approval of a five lot detached single family preliminary plat (Oakridge) on 4,63 acres, zoned R-2 Single and Two Family Residential District. He reviewed a site plan of the proposed plan and details of the sanitary sewer system outlet, road width, and size of lots, He advised the Planning Commission recommends, on a 3-1 split vote, approval of the Oakridge Preliminary Plat with the following conditions: I, Provision of an acceptable street name for the proposed cul-de-sac; 2, Approval of the Rice Creek Watershed District ofthe proposed plan; 3, Preservation of those trees shown on the Tree Preservation Plan; and 4, Payment of the appropriate park dedication fee, MOTION: Malone moved and Keirn seconded a motion to approve Planning Case #95-16, Belfany Preliminary Plat, Thorn Drive, based on the conditions outlined by the Planning Commission, Motion carried unanimously (4-0), I .. I I I I I I I .. I I I I I I I. I I ARDEN HILLS CITY COUNCIL - JULY 29. 1996 6 G. Planning Case #96-08, Ramsey County/Albjerg Minor Subdivision, 1680 Oak Avenue Mr Ringwald advised that Leroy and Bernice Albjerg are requesting approval of a preliminary minor subdivision (land swap) on a 1.32 acre parcel zoned R-1 Single Family Residential District, The Albjerg property contains an existing single family home which is serviced by an easement off Oak A venue, The northwest corner of the Albjerg home and a portion of their driveway turnaround currently encroaches onto Tony Schmidt Park, The Albjergs and Ramsey County have negotiated an arrangement whereby the Albjergs can correct these encroachments through a land swap (one acre for one acre), He noted this will also provide proper setbacks for the home, The Planning Commission recommends, on a unanimous vote, approval of the Oakridge Preliminary Plat subject to the recording of the access easements (Easements A and B) and release ofthe existing access easement. In response to Acting Mayor Aplikowski, Mr, Ringwald explained this recommended action is actually the result oflitigation between Ramsey County and the Albjergs due to an encroachment onto Ramsey County parkland by the applicant. MOTION: Hicks moved and Keim seconded a motion to approve Planning Case #96-08, Ramsey County/Albjerg Minor Subdivision, 1680 Oak Avenue, subject to recording of the access easements (Easements A and B) and release of the existing access easement. Motion carried unanimously (4-0), H. Planning Case #96-11, Michael Welsh, Administrative Appeal Mr. Ringwald advised that Michael Welsh is appealing an administrative order to modify an existing fence so it complies with the requirements of the Zoning Ordinance, He explained that in April of 1996, the City received a complaint regarding the fence located at 1509 Colleen Avenue that it was not 30 percent open for air flow and that the finished side of the fence was not facing out, as required by City Code, Staff investigation confirmed that the fence was in violation of City Code, Sections VI, E, 4, c and f. Mr. Welsh was provided with written notification that his fence was not in compliance with requirements of the City Code and allowing 60 days to modify it, Mr. Ringwald explained the modifications that could make the fence conforming are that every other board be removed from the inside of the fence and placed on the outside of the fence, On June 12, 1996, the City received an appeal to the administrative order to modify the fence, The Planning Commission recommends, on a unanimous vote, approval of Planning Case 96-11, administrative appeal for fencing, based on unusual circumstances (City Code Section VI, E, 4n) as follows: I .. I I I I I I I .. I I I I I I I. I I ARDEN HILLS CITY COUNCIL - JULY 29,1996 7 I. The applicant obtained a building permit for the fence and may not have been informed of the requirements for the construction of said fence; 2, The fence has been in place for at least nine years, without receiving a complaint, and when constructed the adjacent property was undevelopable; 3, The topography of the property to the east of the applicant has been recently altered, such that there currently exists a severe grade differential between the lots which may not allow for the necessary modifications to the fence; and 4, The fence has been well taken care of and complies with the remaining Code requirements, Councilmember Malone stated he has observed the fence and Planning Commission arguments, but finds no merit in their arguments, He stated he had constructed a fence in the past and was advised of the City's requirements prior to construction, Councilmember Malone noted that the applicant is responsible to conform with the Code and also questioned the fence portion which extends into the front yard area, He stated he believes the Building Inspector's recommendation for modification is appropriate and he does not support the Planning Commission's recommendation, Acting Mayor Aplikowski agreed all should know that the unfinished side of a fence goes towards the outside, She agreed that the unusual circumstances consideration is not valid, but expressed concern that this has not been addressed for nine years and that the City does not seek enforcement except on a complaint basis, Council member Keirn inquired if there is a reason to issue an exception and whether this particular fence has been singled out due to a complaint. She also asked how to avoid a "war hunt" to gain compliance for all other fences in violation, Councilmember Keirn stated if the appeal is not supported, she would expect staff to enforce the same conditions on every fence, Councilmember Malone noted this type of enforcement condition exists in cities with a small staff but most fences in Arden Hills do comply because people are intormed of requirements prior to construction, MOTION: Malone moved and Hicks seconded a motion to deny Planning Case #96-11, Administrative Appeal of Michael Welsh, The motion carried (3-0-1 Keirn), ADMINISTRATOR COMMENTS Regarding the infiltration and inflow grant offered by the MCES, Mr. Fritsinger advised one requirement of obtaining this grant is compliance with the Metropolitan Council Liveable Communities Act, This is the first time the City has received funding that would have been lost should the City have elected to not participate in this program, I .. I I I I I I I .. I I I I I I I. I I ARDEN HILLS CITY COUNCIL - JULY 29. 1996 8 Mr. Fritsinger noted that several months ago, the City submitted an application for Federal EDA funds to assist in the preparation ofa reuse plan for TCAAP, Now, the EDA has contacted the City inquiring whether it is interested in continuing to pursue those funds, Staff has submitted a letter of interest to take the process to the next level. Mr, Fritsinger reviewed that a year ago, the grant request was denied, However, it is felt there may be an opportunity for such funding in 1996, Mr. Fritsinger reviewed the proposal from Decision Resources for the community survey, He advised that City staff met with Decision Resources representatives to discuss issues of the community and the survey was tailored to include 60 questions that deal with evaluation of City services and community issues, Mr. Fritsinger stated he believes changing demographics are important in their impact to City services so that component will be included, The telephone survey will be taken of a 400 random household sample and the overall cost is $7,800 which is well within the budget, He requested the Council consider allowing City staff to continue discussions with Decision Resources to prepare a basic framework of questions which will be presented to Council for input and formal consideration, Councilmember Malone indicated support of this recommendation and commented on the reasonable cost estimate, Due to the upcoming Presidential election, he suggested the survey not be conducted until late November or December. Council concurred, Council consensus was reached in support of staffs request to continue working with Decision Resources to draft the basic framework of questions to be asked, COUNCIL COMMENTS Councilmember Hicks reported on the September 14, 1996, Northwest Youth and Family Service Bureau fund raising event which will be similar to last year, He announced he has tickets for sale if anyone is interested, Councilmember Malone updated the Council regarding the Association of Metropolitan Municipalities Policy Committees and requested input regarding those policies, He stated his main interest is to develop public accountability for the Metropolitan Council. Councilmember Keirn requested an update on the National Guard situation, Mr, Fritsinger reviewed correspondence with the Department of Defense which indicted there may be some preliminary approval of transfers prior to the deadline but they are not willing to state that a formal transfer will occur by that deadline, Acting Mayor Aplikowski reported on the AMM Housing Committee and stated the key issues are with the Liveable Communities Act, She informed that since she is attending meetings of the Finance Committee, the City of Arden Hills is not being represented at the Ramsey County League meetings, I .. I I I I I I I .. I I I I I I I. I I ARDEN HILLS CITY COUNCIL - JULY 29. 1996 9 Mr. Fritsinger introduced Sheila Stowell, the newly hired Administrative Secretary, Acting Mayor Aplikowski welcomed Ms, Stowell to the City, ADJOURN MOTION: Keirn moved and Hicks seconded a motion to adjourn the meeting at 8: I 0 p,m, The motion carried unanimously (4-0), B~W~' Acting Mayor B'i~e.r(- City Administrator NOTICE OF MEETINGS The next regular City Council meeting will be held August 12, 1996, at 7:30 p,m, at New Brighton City Hall.