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HomeMy WebLinkAboutCC 10-28-2002 . . . ~ ~~!lILLS MEETING MINUTES APPROVED CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING MONDAY, OCTOBER 28, 2002, 7:00 P.M. CITY HALL COUXCIL CHAMBERS, 1245 WEST HIGHWAY 96 CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the Regular City Council mceting at 7:02 p.rn. Present: Mayor Dennis Probst, Council Members Beverly Aplikowski, David Grant, Gregg Larson, and Council Mcmber Rem. Absent: None. Also present were City Administrator, Joe Lynch; Director of Community Services, Aaron Parrish; City Planner, Peter Hellegers; Director of Operations and Maintenance, Thomas Moore; City Engineer, Greg Brown; City Attomey, Jerry Filla; Deputy Clerk, Cynthia Young; and Recording Secrctary, Kathleen Altman. 1. APPROV AL OF MEETING AGENDA Council Member Rem added Item 4B, the amendment of an Ordinance clarifying the setbacks for accessory structures. Mr. Lynch added under Administration, Distinguishcd Service Award to Michael McKinney. MOTION: Council Member Aplikowski moved and Council Member Rem seconded a motion to adopt the agenda for the October 28, 2002, Regular City Council mecting. The motion carried unanimously (5-0). . . . ARDEN IllLLS REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 28, 2002 2 2. APPROV AL OF MINUTES A. September 30, 2002 SPECIAL Meeting B. October 15, 2002 Council Meeting Council Member Grant requested the following changes: None Council Member Larson requested the following changcs: September 30, 2002 Special City Council Meeting, Page 3, last paragraph, second sentence, should rcad: "This was indicated as one of the previous high points of the lake but not to the normal water level of the lake, which was 929' as detcrmined by the DNR." Octobcr 15, 2002 City Council Meeting, Page 4, second paragraph from the bottom should read: "Council Member Larson suggested reducing the pumping by one-half the volume, which would still allow the City to address..." Council Member Aplikowski requested the following changes: None. Council Mcmber Rem requested the following changes: October 15, 2002 City Council Meeting, Page 3, Pat Kramer change to Pat Krenn. Page 7, sccond motion, change Sharon Klu111111, to Sharon Klump. Page 10, under Council Reports, her report should read: "Council Member Rem stated there was a recent artiele in the Pioneer Press that included a comment on her membership on the TCAAP RAB and requestcd clarification of this commcnt." Mayor Probst requested the following changes: October 15, 2002 City Council Meeting, Page 7, he requested staff check the first two motions for accuracy. MOTION: Council Member Aplikowski moved and Council Member Larson seconded a motion to approve the September 30, 2002 SPECIAL Meeting and October 15, 2002 Council Meeting Minutes as amended. The motion carricd unanimously (5-0). 3. CONSENT CALENDAR A. Claims and Payroll ARDEN HILLS REGULAR CITY COU0JCIL MEETl.'1G :\1IKUTES OCTOBER 28, 2002 o .) . MOTION: Council Member Larson moved and Council Mcmber Aplikowski seconded a motion to approve the Consent Calendar and authorize execution of all necessary documents contained therein. The motion carried unanimously (5-0). 4. PUBLIC INQUlRIES/INFORMA TIONAL Mayor Probst invited any public comments that were not on the agenda. There were no public comments. A. 2002 Election Update Ms. Young presented an update on the 2002 Election. B. 2001 County Road D Mr. Parrish reviewed a proposed Ordinance regarding allowing a detached . accessory structure to be setback the same distance as the principal structure. Helen Harrington, 2001 County Road D, stated the variance of 10 feet from the property line to the garage situates the garage in the middle of her back yard, which would takc away a portion of her lot. She noted the 1 O-foot property line was detrimental to their neighborhood. She requestcd the Ordinance be amended before it snowed, so they could get the garage built before winter. Mayor Probst suggested they waive the application requirements and have this issue go to the Planning Commission next week, then a public hearing at the November Ith City Council Meeting. The City Attorney stated generally, in order to amend an Ordinancc, they needed to have a public hearing to resolve any issues that might come up. He indicated Mayor Probst's suggestion was the proper procedure. The Contractor for Ms. Harrington, stated they discovercd the setback issue when he applied for a demolition pennit with the City. . The City Attorney suggested if the property ovvner wanted to, they could construct the foundation of the slab as a driveway apron, with the understanding therc was ARDEN IULLS REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 28, 2002 4 . no variance or text amendment to do the garage construction until the Council approved it. Mayor Probst suggested having a Special Meeting at a Council Work Session to discuss this. MOTION: Council Member Larson moved and Council Member Grant seconded a motion to schedule a Special Council Meeting on November 18, 2002 to review this variance. Kathv Callahan. 2009 Countv Road D, asked if all of the residents would have to go through a variance if they had a situation similar to this. Mayor Probst replied that was correct unless the Ordinance was amended, which then would apply Citywide. Mayor Probst requested a fi<iendly amendment to waive the normal time and have the Planning Commission review this next week. Council Members Larson and . Grant accepted the friendly amendment. The motion carried unanimously (5-0). C. Kafth Lake Pumping . Mr. Brown stated URS and City staff had continued to monitor the Karth Lake pumping system and had the following findings: The Sanitary Sewer Pipes were televised along Wyncrest Court and were found in very good conditions. There were no signs of backups or elogs. The Storm Sewer main along Wyncrest Court was found to be in good condition with a few minor openings at joints. The existing storm sewer pipe located along the east property line of 1295 Wyncrest Court was found to be dry with signs that it was being used by animals for dens. Dave Scherbel noted no visual evidence of moisture present and no signs of past moisture problems were evident in Ms. Jacobsen's home at 1985 WY11Crest Court. A visual survey of the pond adjacent to the CuI de Sac indicated approximately 1/2-inch rise from previous check on October 15, 2002. The level of Karth Lake was surveyed on October 28, 2002 at elevation, which represented a 1.9-foot drop in the lake level from the beginning of pumping. He noted based upon the elevation surveys, pipe televising, home inspection and the hydraulics of water conveyance, systems there was no evidence that the pumping activities had ARDEN HILLS REGuLAR CITY COUNCIL :\1EETING MINUTES OCTOBER 28, 2002 5 . adversely affected the neighborhoods downstream of the Wyncrest Court cul-dc- sac. MOTIO~: Council Member Rem moved and Council Member Larson seconded a motion to ceasc pumping starting today and to retum the pumping equipment. Gary Gerdiue:, 1236 Karth Lake Drive, stated it was originally approved to pump down the lake and he understood there were no problems due to the pumping. He asked what had changed and he requested they continue to pump as originally agreed upon. . Ron Hae:kull, 1289 Karth Lake Circle, stated he was in favor of suspending the pumping. He noted they had now gone through this threc times. He stated this was not a valid problem in his mind. He noted the level of the lake right now seemed to be a nice level to be maintained. He stated thc oak trees were not underwater now. He stated he was pleased to see the pumping stopped. He requested if there were further discussion regarding this in the future, that they really research the problem and determine if it really solved the problern. Pat Krenn, 1230 Wvucrest COUl.t, stated the level of his pond had stopped going down and the level of Karth Lake was down two feet and it had stayed at two feet. Thomas Resha. 1320 Wynride:e Drive, noted he had been expericncing high humidity in his home and his dehumidifier had been running constantly. He stated he did not know if it was due to the pumping, but they had not had this problem in th e past. . Charles Amble. 1211 Amble Road, stated the first notice he received about the pumping was on a Friday night and the meeting was on Monday moming. He stated no one had cxplained as to why they were doing this. He noted the arguments he heard were concerns that there were no outlets on KarOl Lake. He notcd this was not an issue. He stated one resident had complained that her retaining wall was in the lake. He asked if this was not due to poor judgment by building the retaining wall where it was. He stated another issue was a resident complaining about his 100-year old tree being in the lake. He noted the tree had been in the lake many times in the past as it would be in the future and it was still alive. He indicated hc did not like the City spending his tax money for no reason. ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 28, 2002 6 . Shih- Pau Yen, 1116 Amble Drive, stated two feet or four feet of pumping down was not the issue. He noted the issue was what the shoreline of Karth Lake should be. He stated the issue was a financial one and he agreed with Mr. Amble and asked why he, as a taxpayer, was paying for the pumping of the lake. Ms. Jacobsen, 1295 Wvncrest Court, explained why she had requested the pumping of Karth Lake bc stopped. She stated since they had stopped pumping the lake, she has not had any moisture issues in her basement. She stated however, shc still had odor problems at times. She noted she did not know where the problcm came from, but indicatcd it was not right to move a problem from point A to Point B. She stated there was another side of the lake that had been affected by the pumping of the lake. She noted they had not bccn given notice of the pumping originally, or they would have had a room full of residents opposed to it. . Susan .Johnson, 1220 Karth Lake Drive, noted she probably had the home that was elosest to the lake and noted when her retaining wall was built, they had a lot ofland bet\veen the lake and retaining wall and now, they had no land between the lake and the retaining wall. She stated they had erosion problems and they were in danger of having their house fall into thc lake if thc lake rose any higher. She stated her home was currently four feet from the retaining wall. She stated when the house was built thcre was a lot of land between the house and the lake and for whatever reason, the lake had risen. She noted for 22 years her homc had never been threatened, but now it was. She stated they werc not trying to put their problems on another neighborhood and felt that they had accomplished a temporary solution at this time, but requested a pennancnt solution. Mike Enz, 1228 Karth Lake Drive, stated the lake was higher than it had ever been in 48 years. He stated he did not know why the lake had risen to this level. He indicated there had to be a solution to this problem that would make everyone happy. He noted if this were a problem that was going to continue, even the people on the high side of Karth Lake would have erosion problems. He stated his property value went down $40,000 when the lake went up this summer. He noted the City's tax base would go down with the property values. He stated anyone contributing to this problem had to contribute to the solution. . ARDEN HILLS REGULAR CITY COUNCIL MEETING MTl\LJTES OCTOBER 28, 2002 7 . Cesar FarelJ, 449 Amble Drive, statcd they had built their home in 1979 and indicated this was the highest lake level ever. He stated he had two oaks in the water that were going to die. He requested the history of how this developed. A resident stated he sympathized with the people on the east side of the lake, but requested thcy get the water level down to the DNR's suggestion. He noted the raising water level was from all of the storm sewers that flowed into the lake. He requested they come up with a permanent solution to this problem. He stated he was not against the pumping situation, but he took exception to the method of paying for this by only assessing the people who owned property on the lake. Council Member Aplikowski noted she was going to vote to stop the pumping because she believed they rushcd into it without looking at all of the solutions. She stated they needed to have a permanent solution. She stated she understood the homes were not in danger and most of the oak trees were out of the water. She noted the DNR did not say they had to pump four feet, but they could pump LLP to four feet. . Council Member Grant stated he was going to vote to stop the pumping. He stated they realized there was a problem and what they had pumped, had brought the lake water level down to a manageable level. He notcd there were no homes in danger at this time. He stated he believed they had rushed into this and indicated they needed more time to look at all of the options and solutions. . Council Member Larson stated they had heard a great variety of things about thc lake, but he believed the Council did not have sufficient infonnation to continue the pumping. He noted the Mrs. Johnson's home was no longer threatened and indicated the situation on Karth Lake was not that much different than other lakes in the City. He stated the reason for pumping was that the lake level was threatening a home, but that home was no longer threatened and now they needed to rcevaluate how far they shOLdd continue to pump. He noted the fact that they had pumped down two feet was sufficient right now and he was comfortable with stopping the pumping. He indicated in the future, they needed to have some cost sharing and they needed to have a certain height that pumping would begin again. He noted they needed a lot more information to make an informed decision. He indicated the City should monitor the lake levels on Karth Lake and then make a decision. Hc stated he believed they had gone far enough with the pumping at this time. . . . ARDEN HILLS REGLiLAR CITY COUNCIL MEETING MINUTES OCTOBER 28, 2002 8 Mayor Probst stated the decision made to proceed with the pumping was the best one from the information they had at the time. Ile stated he continued to support taking the lake down to the level that was previously agreed to and noted he believed they would continue to have issues with home damage and erosion. He noted attempting to save the oak trees was a worthwhile effort and added to the quality of life in thc City. He indicated there was also a City park on the lake and noted it was the City's duty to maintain the park for all residents. He stated in his opinion, they appeared to be stopping this due to a coincidence with Mrs. Jacobsen's home. He noted the problem was not going to go away and he supported a permanent solution to this. He noted he would not be supporting the motlon. Council Member Larson noted he was in agreement with Mayor Probst in that he did not believe the facts showed that thc pumping was affecting Mrs. Jacobsen's home, but indicatcd they needed to have more information and to come up with a pennanent solution. Council Member Aplikowski agreed with Council Member Larson's comment. The motion carried (4-1). (Mayor Probst) MOTION: Council Member Aplikowski moved and Council Member Grant seconded a motion to direct staff to begin collecting information and to come back with a feasibility study sometime over the winter with a more pennanent solution to this problem other than just pumping. The motion carried unanimously (5- 0). Mayor Probst recessed the meeting at 8:58 p.rn. and reconvened the meeting at 9:05 p.rn. 5. PUBLIC HEARINGS None. 6. COMMUNITY SERVICES ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 28, 2002 9 . A. Planning Case No. 02-26: OPPIDAN Variance Request Mr. Hellegers eXplained the applicant was requesting an amendment to a previously approved Master and Final Planned Unit Development for the purpose of a 4,500 square foot expansion to thc rear of Shannon Square Shopping Center. He stated the Planning Commission rccommcndcd that the proposed Master and Final Plan Planned Unit Development amendment be approved with conditions as set forth in the staffs report dated October 24, 2002. . Paul Tucci, Oppidan, stated they were requesting the worst-case scenario. He indicated they were informed just a couple of days before the Council meeting, where they made their original request, that the relocation of Now Sports was their responsibility. He noted they had decided at that time to come back to the Council with this variance request. He noted the landscaping plan would be increased and they had been working with Ramsey County about the traffic impact. He stated they had received a table with administrative authorization from Rice Creek Watershed District and everything had been submitted. He added this should be wrapped up by the end of this week or early next week. He noted their goal if everything was approved, was to demolish thc current building that Now Sports was in next spring, and then begin the construction of the Cub Foods building. He noted they would be building the new Now Sports building throughout the winter. MOTION: Council Member Grant moved and Council Member Aplikowski seconded a motion to approve Planning Case No. 02-25: Oppidan Variance Request with conditions as OLLtlined in the staff's October 24,2002 report. The motion carried unanimously (5-0). B. Resolution No. 02-56: TCAPP Advisory Panel Appointments Mr. Parrish stated he revie\ved the Resolution for the TCAAP Advisory Panel Appointments and noted they were still waiting on the Mounds View official representative along with rcpresentatives from both Senator's offices. He indicated the first meeting of the Advisory Panel was tentatively set for November 19,2002. . Council Member Grant requested to have the seventh person on the Planning Commission be added as undesignated. . . . ARDE:-J HILLS REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 28, 2002 10 MOTION: Council Member Aplikowski moved and Council Member Larson seconded a motion to approve Resolution 02-56: TCAAP Planning Advisory Panel Appointments, including the seventh member of the Planning Commission remain as undesignated. The motion carried unanimously (5-0). C. Fireworks Ordinance No. 342 Mr. Parrish presented the revised flrcworks Ordinance based on thc Council's comments at their September 20, 2002 meeting. Council Member Larson requested they add in Section 370.02, that they should have a specific time for submission of the application in advance of the event in order to allow time for the required inspection. He suggested three weeks to one month. Mr. Panish suggested inserting 30 days in advance of the event be added to the end of Section A. MOTION: Council Member Larson moved and Council Member Aplikowski seconded a motion to adopt Ordinance No. 342, An Ordinance Modifying Chapter 3 of the City Code Regulating Fircworks with addition of amended language as suggested by the Director of Community Services. The motion carried unanimously (5-0). MOTION: Council Member Larson moved AplikoVvski seconded a motion to approve the ordinance summary. unanimously (5-0). and Council Member adopt the resolution to The motion canied D. TCAAP Update Mr. Panish stated the next Dcvelopment Team Meeting will take place on October 29, 2002 with the focus of the discussion on an update on Phase I planning being completed by DSU. He indicated letters had been sent to Community Representatives indicating thcir appointment of the Advisory Panel. He prescnted for the Council's reference excerpts of the TCAAP Framework Plan. He stated DSU had prepared a draft newsletter for distribution to the community. . . . ARDEN HILLS REGULAR CITY COUI\CIL MEETII\G MINUTES OCTOBER 28, 2002 11 7. OPERA nONS AND MAINTENANCE None. 8. ADMINISTRA nON A. ~ ew Contract for Landscaping of City Hall Property Mr. Lynch stated the former contractor did not supply the correct amount, type, or proper maintenance for the landscaping in conjunction with the construction of the New City Hall building. The former contractor was given a deadline in which to correct all landscaping issucs and supply the necessary documentation, or the City indicated it would hire a ditTerent contractor to fulfill the contract. The former contractor did not meet the deadline and the City had obtained two bids to finish the landscaping at City Hall per thc original contract. Staff had received two bids. Staff recommended accepting the bid for the landscaping items from Margolis Company in the amount of $16,962. Staff also recommended accepting the bid from Minnesota Native Landscapes for the restoration of native grasses and wild flowers in the amount of $11,650 and wait on the decision for the site preparation bum and the second spray application. Staff further recommended the Council utilize the existing funds, whicb were fOlmerly designated to pay for the completion of the original contract funds. MOTIO.\l: Council Member Larson moved and Council Member Aplikowski seconded a motion to accept the bid from Margolis Company in the amount of $16,962 and the bid from Minnesota Native Landscapes in the amount of $11,650 to be taken from the existing funds, which were formcrly designed to pay for the completion of the original contract funds. The motion carried unanimously (5-0). D. Mike "'lcKinney Distinguished Service Award Mayor Probst read a plaque for a Distinguished Service Award, which would be presented to Mike McKinney for his 31 years of service to thc City of Arden Hills. 10. CITY COUNCIL REPORTS . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 28, 2002 12 Council Member Grant had no comments. Council Member Larson statcd he wanted to discuss the recycling in the City. He notcd the City had a substantial recycling fund that could only be used for recyeling and some of that money is used to subsidize what residents were paying for recyeling. He asked if the Council would be willing to have stafflook into the cost of providing the residents with a plastic container for their recyclable materials. Council Member Aplikowski requested staff come up with more than one type of container for the recyeling. Aftcr discussion, the Council directed staff to research types of containers for recyeling. Council Member Larson noted there would be no Winter Recreational Guide this year, but instead they would be relying on flyers, newsletters, and publishing on the City's web page. COLLllcil Member Aplikowski rcquested they postpone the discussion on the AMM and LMC Policy to the next Council meeting. Council Member Rem asked for elarification about a comment made at Workshop regarding the sign Ordinance. Mayor Probst noted by law, there were not supposed to be signs in the public right-of-way. Mayor Probst noted therc was a summit scheduled for Wcdnesday, November 13th, from 5:00 p.m. to 8:00 P'rn. regarding smart growth and the 1-35W Coalition. He reminded the residents to get out and vote on November 5. RECESS Mayor Probst adjoumed the Regular City Council Meeting at 10:03 p.m. . . . ARDEN HILLS REGULAR CITY COUNCIL MEETING MINUTES OCTOBER 28, 2002 13 '~r/;' I~~ / I, /.",11 , ' . f Dennis Probst Mayor NOTICE OF MEETINGS The next Council Meeting will be held Monday, November 11, 2002 at 7:00 p.rn. at the Arden Hil1s Council Chambers.