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HomeMy WebLinkAboutCCMin_91Mar27~~. MINUTES REGULAR CITY COUNCIL MEETING MARCH 27, 1991 Baldwin convened the meeting at 7:05 p.m. ALL MEMBERS PRESENT Baldwin, Ciernia, Gehrz, Jacobs and Wallin. Also present were Gedde, Maurer, Hoyt, and Chenoweth MINUTES OF 3/13/91 APPROVED Council approved the minutes of March 13, 1991, by unanimous consent. CONSENT AGENDA APPROVED Council unanimously approved the following consent agenda: 1. Disbursements: a. General Disbursements through 3/27/91, $55,768.33 b. Payroll, 3/1/91-3/15/91, $14,278.49 2. Licenses (see attached list) 3. Adoption of Resolution R-91-16 Proclaiming Arbor Day 1991 4. Monitoring Services for Community Park Bldg 5. Surveying and Engineering for Idaho/Snelling Park Improvement Project 6. Termination of Current Building Official 7. Appointment of One Six-Month Part-Time, Temporary Public Works Employee 8. Approval of MCAD Funds for Grant 9. Amendment to the Comprehensive Plan Contract with the Hoisington Group 7:07 P.M. PUBLIC HEARING ON 1991 STREET IMPROVEMENT PROJECT Baldwin presented the procedures followed leading up to the hearing beginning with strategic planning session in 1988. He also explained the use of MSA funds and the importance of using those funds in a timely manner and the consequences of postponing this project until many streets are in need of reconstruction at one time. He commented on the fact that council had addressed many property owners' concerns such as reviewing assessment costs and reducing the assessment from 2/3 of the project to 50 percent, investigating the cost of major maintenance vs reconstruction and obtaining a variance to allow parking on Albert and Arona streets. Maurer presented the proposed costs of the project and explained that the council reduced the assessment from the 1/3 / 2/3 formula to 500/500, which reduced the street ~~.:.~ MINUTES 3/27/91 PAGE 2 assessment from $32.00/ft. to $24.00/ft. GEORGE NEILSEN, 1795 Fry, asked Council if they had received his letter protesting the assessment for 143 feet of street when he has only 16 feet of street frontage (his driveway). Maurer explained no assessment policy can anticipate these unusual kinds of lots, and Baldwin informed Mr. Neilsen that Council would deal with his problem following the hearing. TIM GOLIE, 1717 Albert, questioned the "poor" designation given Albert and Arona Streets by engineer and commented on the report from his engineer indicating the street is in adequate also asked if soil borings had been taken and the borings. Maurer replied in the positive, he could not express an opinion on the letter Golie's engineer as the information was very rating the city independent condition. He if he could see and also stated from Mr. limited. Reconstruction vs major maintenance was discussed. Maurer stated they had estimated costs for one block on Arona and found major maintenance would cost approximately $24,550 and reconstruction approximately $37,800. MICHELE OWENS, 1882 Arona, said she had discussed the matter with real estate appraisers and realtors to determine whether or not the benefit was at least equal to the assessment and they all agreed it would not add to the market value of the property. She asked what affirmative evidence there was that supports the $24.00 per foot benefit. Baldwin explained it is necessary for the Council to study all available information and make a legislative decision. He stated that the selling price is related to many things such as interest rates at the time and demographics and commented on the fact that the City has a history of property greatly appreciating. He also stressed that the portion of costs being assessed to the property owners has been reduced over the years to be in line with what surrounding cities do. The City could assess only 20 percent, however, any reduction in assessment is financed by all the taxpayers. Ciernia commented on the value of appearance of neighborhoods if the road looks good with no mud between roads and boulevards and drains properly it lends to an attractive neighborhood, and the opposite provides a different image. Quality adds value to neighborhoods. MS. OWEN commented on the fact that it is extremely difficult and expensive to challenge assessments in court as it is up to the property owners to prove the increase in value is less ~~ MINUTES 3/27/91 PAGE 3 than the assessment. She asked that Council consider that fact. Baldwin replied that Council realizes that making use of the court system is very costly but Council must consider the other 1,500 property owners who are also sharing in the cost. GARY KWONG, 1700 Fry, inquired regarding the proposed width of Fry Street and was informed it will be 30 feet wide. GOLIE asked if the street is considered adequate if Council would vote to proceed with the project. A discussion followed regarding the need to have trust in the city engineer's decision, the fact that this project is part of a long range project and if all streets should need construction at once it could create a financial catastrophe, that some areas of the streets are in worse condition than other areas, but doing a patchwork job would not be desirable, the fact that a street could appear adequate and disintegrate the next year as indicated by the present condition of Hamline and Cleveland Avenues, which could have been deemed adequate three years ago. Gehrz explained that she also had wanted a technical reason to show that the streets needed to be repaired now; or in five or ten years from now. She indicated she had personally driven the streets with the engineer and commented on the fact that Roseville is reconstructing streets looking similar to the streets included in the 1991 improvement project and that she now feels comfortable reconstructing the streets at this time. GOLIE felt it was not appropriate to take only the city engineer's opinion and requested that Council obtain an independent opinion from Ramsey County regarding the street condition. LEO KLISCH, 1757 Fry, supported Golie's request for a second opinion and was of the opinion that the citizens on each individual street should vote on their street, and that Council should subjugate that power to the residents. Baldwin replied that street projects have cost ramifications for every one in the City and that these tax payers must also be considered. GREG SCHAEFER, 1794 Arona, stated that before he purchased his home in the spring of 1990, he contacted the city office and was informed there were no plans for .any street work that would result in an assessment. He purchased his home on that basis. He asked if the City would take any liability for this. Gedde explained that there were no plans until after ~~ MINUTES 3/27/91 PAGE 4 Resolution R-90-30, ordering the improvement and preparation of plans was adopted on September 26, 1990 and anyone calling regarding pending assessments would have been correctly told "no". Some preliminary studies had been done but Council had not made a decision to proceed with any project. Baldwin explained that the City did have the 5 year street improvement plan, however, it is strictly a guideline. Mr. Schaefer asked how wide his driveway will be after reconstruction to which Maurer replied that would be the same width as the present driveway „ and if it is necessary to disrupt an area of the driveway it will be repaired. IAN BAIN, 1626 Garden, asked about access during construction. Maurer explained that a plan for access is required in the plans and specifications, and the contractor must come up with an acceptable plan for access. Maurer also offered to meet with the concerned neighbors regarding access. COLLIN ALEXANDER, 1868 Arona, asked if the hearing notice was an accurate statement of the assessment, and Baldwin replied that it is. Mr. Alexander inquired as to why there is a storm sewer assessment when a storm sewer is in place at present. Maurer explained that there will be some repairing, rebuilding and extending of the existing sewer. There being no other residents wishing to be heard, Baldwin closed the hearing at 8:45 p.m. REQUEST THAT RAMSEY COUNTY RATE THE STREET CONDITIONS Gehrz moved that Ramsey County be requested to give an opinion on the condition of the streets so there will be documentation from another professional engineer. Following a discussion, it was recommended that such action be taken only if the county could accomplish the task before May 1, and if there would be no cost to the City. Gehrz rephrased the motion to state that Ramsey County be requested to rate the condition of the streets with the stipulation that it will not require any City funds and that the opinion can be rendered by May 1, 1991. Motion carried unanimously. DISCUSSION OF PROPOSED ASSESSMENT ON GEORGE NIELSEN PROPERTY AT 1795 FRY STREET Maurer explained that the lot in question was the result of a subdivision and that actually the only street frontage for the Nielsen lot is the driveway with a width of 16 feet. Following the discussion, Council agreed that the proposed assessment was not appropriate and that the lot be assessed +?~~,` MINUTES 3/27/91 PAGE 5 on the 16 ft street frontage as indicated in the assessment policy plus the storm drainage. ASSESSMENT OF CORNER LOTS Council also discussed corner lots which appeared to have inequitable assessments, after which Jacobs moved that Resolution 16(a) be adopted amending the assessment policy stipulating that corner lots be assessed for the short side of the street when the long side is reconstructed. Upon a vote being taken, the following voted in favor thereof: Baldwin, Ciernia, Jacobs, and Wallin; and the following voted against the same: None. Gehrz was absent from the meeting at this time. Motion carried. RESOLUTION R-91-16(a) A RESOLUTION AMENDING THE CITY'S ASSESSMENT POLICY ADOPTION OF ASSESSMENT ROLL Wallin moved Resolution R-91-17 adopting the assessment roll for the 1991 street improvement project as prepared and as amended by the action previouly taken. Upon a vote being taken, the following voted in favor thereof: Baldwin, Ciernia, Jacobs, and Wallin; and the following voted against the same: None. Gehrz was absent from the meeting at this time. Motion carried. GEHRZ RETURNS RESOLUTION R-91-17 RESOLUTION ADOPTING ASSESSMENT FOR THE 1991 STREET IMPROVEMENT PROJECT PROPOSED RESOLUTION RELATING TO ALBERT AND ARONA STREETS PARKING VARIANCE. Baldwin explained that the resolution is required by the State as a result of the variance granted by the State of Minnesota to allow harking on Albert and Arona Streets. Ciernia moved adoption of Resolution R-91-18 which carried unanimously. RESOLUTION R-91-18 A RESOLUTION INDEMNIFYING THE STATE OF MINNESOTA REGARDING A VARIANCE FROM MINNESOTA RULE 8820.9912. 1 ~~' MINUTES 3/27/91 PAGE 6 PURCHASE OF TABLES AND CHAIRS FOR PARK BUILDING AUTHORIZED Following a brief discussion, Jacobs moved the approval of the purchase of tables and chairs from Office Machine Sales & Service, Inc. at a cost of $2,241.80 to be funded from the Park & Recreation capital improvement fund. Motion carried unanimously. DISCUSSION OF PROPOSED RESIDENTIAL PARKING POLICY AND PROCEDURES Hoyt explained that the latest draft dated February 19, 1991 has been recommended by the Planning Commission. Council discussed the lack of any provision for a review period for permits and whether or not the fees were appropriate. SUSAN SPALDING, 1546 Vincent, indicted she was opposed to increasing the fee above $10.00 per vehicle and explained the problems created by multiple cars in one car driveways or lack of a driveway. After a brief discussion, Council amended the proposed fee schedule for annual residential parking permits to $10.00 for the first two vehicles and $20.00 for the third and each subsequent vehicle. Also added was the provision that an established residential parking district be reviewed if antecedent conditions change or there is a lack of application by residents. Ciernia moved adoption of Ordinance 0-91-4 which carried unanimously. ORDINANCE R-91-4 AN ORDINANCE AMENDING CHAPTER 7-1.02 SUBDIVISION 2 RELATING TO RESTRICTIONS ON PARKING OF VEHICLES PROPOSED RESOLUTION ADOPTING A PARKING POLICY Ciernia moved adoption of Resolution R-91-19 adopting the parking policy as amended. RESOLUTION R-91-19 A RESOLUTION ADOPTING PARKING POLICY AND PROCEDURE FOR RESIDENTIAL PERMIT PARKING SCHWARZ - WEBER NAMED ARCHITECT FOR IDAHO/SNELLING PARK SHELTER Carol Kriegler gave a brief description of the park shelter to be constructed at the Idaho/Snelling park, and explained that Staff and the Park & Recreation Commission has recommended that Schwarz Weber be granted a contract to serve •~~ MINUTES 3/27/91 PAGE 7 as architect for the project. She stressed that the park grant stipulates that design costs are included in the grant but cannot exceed 10 percent of the project. Since this is a small project, the architectural fee will exceed the 10 percent, and it will be necessary for the City to fund the difference; perhaps $3,000. Jacobs moved approval of a contract with Schwartz Weber for technical assistance of the Idaho/Snelling park shelter which carried unanimously. DISCUSSION OF PROPOSED CONDITIONS TO GOVERN AMUSEMENT ESTABLISHMENTS Council considered the proposed conditions as prepared by planner, Tim Malloy. Ciernia explained that the Planning Commission had experienced some concern with conditional uses remaining with the land, and felt perhaps it should be handled as a licensing issue rather than a land use issue. Gedde agreed some conditions would be appropriate in the licensing procedure rather than in a conditional use permit. Following a discussion, the following changes were recommended, 1) that the conditional use permit contain language stipulating that the conditional use will terminate with the end of tenancy or ownership and, 2) that the wording be changed in Item E deleting the condition that employees remain on the premises until 1/2 hour after closing. Gedde will prepare a final draft of the document for presentation at a future meeting. UPDATED SCHEDULE FOR FEES AND CHARGES ADOPTED. Following a brief discussion, Ciernia moved adoption of Resolution R-91-20 amending the fee schedule. RESOLUTION R-91-20 A RESOLUTION AMENDING SECTIONS 5-13.01, 5-14.02, 5-14-04, AND 5.14.05 OF THE CODE RELATING TO FEES AND CHARGES DISCONTINUANCE OF ANIMAL CONTROL COSTS Hoyt explained that animal control is presently covered by the City's police contract with Roseville, therefore, it is unnecessary to fund a separate contract. Council approved discontinuance of the animal control item in the budget. A RESOLUTION RELATING TO OPPORTUNITIES FOR A COOPERATION STUDY WITH THE CITY OF ROSEVILLE Baldwin presented the proposed resolution authorizing signing ~,._ MINUTES 3/27/91 PAGE 8 an agreement with Metropolitan Council for a $38,100 loan and to sign an agreement with Deloitte & Touche to conduct the stud. Wallin moved adoption of Resolution R-91-21 which carried unanimously. RESOLUTION R-91-21 A RESOLUTION RELATED TO OPPORTUNITY FOR COOPERATION STUDY WITH THE CITY OF ROSEFILLE DENIAL OF REQUEST FROM SUBURBAN AREA CHAMBER OF COMMERCE THAT CITY ADVERTISE IN DIRECTORY Jacobs stated he could see no benefit to the City from advertising in the Directory and felt there was no justification for the expense, to which all Council members agreed. FUNDS ALLOCATED FOR COMMISSION RECOGNITION EVENT Gehrz requested that Council allocate up to $250.00 for a Commission Recognition event at the new city park building. Council, by unanimous consent affirmed the request that such funds be allocated from the contingency fund. APPOINTMENT OF DAVID KRIESEL AS CITY BUILDING INSPECTOR Baldwin commented on the tremendous job done by Dick Larson over the past years and explained that Mr. Larson has chosen to not recertify as an inspector. Following a brief discussion, Wallin moved the appointment of David Kriesel as City Building Inspector. Motion carried unanimously. INFORMATIONAL ITEMS NOTED Council Noted the Following Informational Items: 1. Planning Commission Minutes of Planning Commission Minutes of Park and Recreation Commission Solid Waste Commission Minutes 2. Timetable for Idaho/Snelling P. 3. State Fair Parking Fee in 1991 1/28/91 2/25/91 Minutes of 3/11/91 of 3/7/91 irk Project] ADJOURNMENT The meeting was adjourned at 10:20 p.m..~~ ATT S ~Z~ Tom Baldwin, Mayor S it ey a owe C1 y C er Consent Agenda March 27, 1991 T.T!'T'TTCFR Corporate Crown Healthcare Services, Inc. #0768 Dino's Gyros #0766 Corporate - Home Occupation Victor Abrasives #0769 General Contractor Eden Construction #0767 HIS Services #0773 Itinerate Sales Bill's Flowers #0772 To sell flowers on Snelling & Larpenteur March 30 & 31 (Easter weekend) May 11 & 12 (Mother's Day weekend) Has written permission from Dino's Gyros i~