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HomeMy WebLinkAboutCC 05-23-1994 . . .- . . . . . . .e . . . . . . . .- . MINUTES CITY OF ARDEN BILLS, MINNESOTA REGULAR CITY COUNCIL MEETING May 23, 1994 7:30 P.M. - New Brighton City Ball CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Probst called to order the City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, and Dennis Probst. Mayor Sather arrived later in the meeting. Also present were: Community Planning Coordinator, Brian Fritsinger; Public Works Superintendent, Dan Winkel; Parks and Recreation Director, Cindy Severtson; City Engineer, Terry Maurer; City Attorney, Jerry Filla; and City Administrator, Dorothy Person. ADOPT AGENDA MOTION: Aplikowski moved, seconded by Hicks, to adopt the May 23, 1994 agenda. Motion carried unanimously (5- 0) . PUBLIC 'R'12"'~ING - 1994 PAVEMENT MANAGEMENT IMPROVEMENT PROJECT ASSESSMENT BEARING Acting Mayor Probst called the hearing to order at 7:32pm. Public Works Superintendent Winkel verified that notification of hearings being held were sent on May 10 and 17, 1994 and individual letters were mailed to the affected residents on May 6, 1994. On file in the Administrator's office are letters received from the property owners against the proposed improvements: Patrick and Monette Brown; 1301 Cannon Avenue, Shirley Chase and Timothy Byrne; 3390 Dunlap Street North, Mike Giel; 4534 Keithson Drive, Dunlap Avenue Residents Petition, and a petition from residents of Amble Drive. 1 I I I- I I I I I I Ie I I I I I I I I- I Arden Hills Council 2 May 23, 1994 A presentation of the project and of the assessments as proposed by resolutions 94-35,94-36, and 94-37 were reviewed with the public and Council by Public Works Superintendent, Dan Winkel. Citizens appeared before the Council as follows: Mike Johnson, 1152 Amble Drive those on Amble; minus two that because they are out of town. that the street was originally Their issues are as follows: - He petitioned all of he could not get a hold The petitioners believe improperly constructed. of 1. They believe we had already paid for this street through the original construction. 2. They believe the original construction was improperly done. 3. They believe that one year after construction the road should not be in a "roller-coaster" situation and the "alligator" road should not be as is currently in place. They are submitting a petition indicating that residents on Amble Road do not want this street reconstruction. They said that if the City does this construction, they are asking the City to help pay for reconstruction beyond the usual 50%. They believe it was improperly monitored and assessed during the original construction. Tim Byrne, 3390 Dunlap - Byrne stated that he has talked with Malone and Winkel about his concerns. Thirteen out of sixteen homeowners have signed this petition. We believe you should cancel this project. There is little or no improvement in the value of our homes if this project is done and we do not believe it is worth the cost. Pat Brown, 1301 Cannon - He stated that he is a neighbor of Tim Byrne. He had the exact concerns as his neighbor, I I I- I I I I I I .e I I I I I I I I- I Arden Hills Council 3 May 23, 1994 Mr. Byrne; He thought that the north end of Dunlap should not be improved. Tim Byrne talked with MSI Insurance regarding whether they will vacate the end of the road, but they are not interested. He felt there is really no reason for that road to go farther, since MSI won't be using it. He also felt that he and Mr. Byrne would be assessed for an undeveloped road, if the street improvement goes through. He would like to address this concern later if the street improvement is approved. Karl Reynolds, 1112 Amble Drive - He questioned why this project has to be done. He has lived there nine years. The normal road life should be twenty years, minimum, and he doesn't see why this should happen. There are potholes in our current road and it "alligators". This street should not already be in this bad of condition. Winkel answered that geo-technical soil analysis work was done. The sub soils had clay which has come to the surface during the past years. The construction standards were not the same when the original street construction was done. However, he stated he can't give any specific reason for the street's current condition. Mike Johnson, 1152 Amble - Johnson stated that the trouble is the base wasn't done properly. He felt the condition of the street is an embarrassment to the neighborhood. Also, the water and garbage that goes to the lake has caused the lake to be pumped into the arsenal watershed system. He believed this situation also needs to be addressed; the lake has risen and killed his trees. He felt it is fair that the City share more than the usual cost of this program, since the street wasn't properly constructed in the first place. Julianne Prager, 3320 North Dunlap Street - They have lived here since 1958 and the road has never been repaired since. She felt this condition is not good. Dan Winkel told them their street is one of the five worst in Arden Hills. It should be re-done. It is not aesthetically acceptable, and there is only going to be I I I- I I I I I I Ie I I I I I I I I- I Arden Hills Council 4 May 23, 1994 more breakup of the road. She strongly supported re-doing this road. Bruce Mears, 4503 Keithson - He just moved here a couple of months ago. He felt the City could spend City dollars better elsewhere; the road is not that bad. He's afraid there will be bumps in the road because of the patches. City Engineer Maurer clarified that Keithson Street would be recycled. Albert Nienaber, 1160 Amble - Drainage has been a problem in Karth Lake; this is the time to redo that since the street is going to be reconstructed. Mr. Charbonneau, 3360 Dunlap - He believed this needs to be done. The City should not stop redoing roads. Ce'san Farell, 1144 Amble - Since Karth Lake has been higher, they have lost beautiful oak trees which affects the neighborhood. He believed something should be done with this system. Councilmember Hicks asked Superintendent Winkel whether the storm sewer goes into Karth Lake. Dan Winkel answered yes, that since Karth Lake development has been in place, more has gone there by gravity. In the past, water was pumped from the lake with a portable pump located near the corner of Amble Drive and Pleasant Drive. A pumping system was established to remove water from the above intersection to a catch basis near 4443 Pleasant Drive. The water went into an existing catch basin that allowed it to flow by gravity in a northerly direction under Hwy. 96 and into the TCAAP property. The TCAAP property is also part of the Rice Creek Watershed District. Hicks asked whether this is within the watershed, and whether it is a natural flow. Winkel answered yes it has always gone toward the lake. Hicks pointed out that this flow is no different than a natural runoff that would flow into Karth Lake without development. I I. I I I I I I I Ie I I I I I I I I- I Arden Hills Council 5 May 23, 1994 Albert Nienaber, 1160 Amble - He wanted to point out that this was a farm area and that he is sure that the farms' effect was not as great as the homes' effect. (Mayor Tom Sather arrived at this time.) Mike Johnson, 1152 Amble Drive - The first issue, he believed, was that the street needs reconstruction. The lake issue has been raised here because it is a valuable asset to the community. But, when it kills the trees, it does lower the value of their houses. They are opposed to the assessment. They also believed the City should share more of the cost since the City road went bad earlier than it should have. Councilmember Malone indicated that the City has approximately thirty miles of streets to service. Over the last several years, the City has had a more aggressive pavement management program. Several of those streets that have been completed are now easier to maintain. Due to the high cost of reconstruction, the City cannot do all streets at once. The three streets are in reconstruction this year because the Council has decided to put more dollars toward reconstruction. This provides for better maintenance in the future. councilmember Malone further discussed the historical perspective of city roads and that the Council had decided a few years ago to approve an assessment policy. This allows limited city funds to be stretched to more projects, such as those planned for this year. Councilmember Malone asked the City Engineer if he has any rough idea of the cost of redirecting the storm water runoff from Karth Lake. Engineer Maurer indicated that a rough estimate is that concrete pipe is approximately twenty five dollars a foot. There being no further comments, Mayor Sather closed the Public Hearing at 8:18pm. Councilmember Hicks stated that he would like to follow I I I- I I I I I I Ie I I I I I I I I- I Arden Hills Council 6 May 23, 1994 up on the Karth Lake storm sewer issue. He asked City Engineer Maurer to evaluate the feasibility of installing a new storm sewer drainage system that would eliminate some of the current drainage into the lake. Councilmember Hicks suggested that perhaps some of the new system be installed on Amble Drive during this reconstruction and that the remainder of the piping on Pleasant Drive be put in when the Pavement Management Plan indicates an overlay or reconstruction project is warranted for Pleasant Drive. Engineer Maurer stated that he will review the current situation and advise if a new drainage system should be installed to allow for the storm water to flow by gravity from Amble Road away from Karth Lake. Mayor Sather asked if each Councilmember wished to speak to the issue of the Public Hearing. Councilmember Probst indicated that he believes that fundamentally it is especially important to preserve the infrastructure on Dunlap and Amble Drive. His concern is that if these projects are pulled out of the street plan, this could cause further future deterioration. He believes that the City is responsible to correct the current street conditions. Standards for road construction change over time and the City's specifications also change to meet new standards. He is unable to address the Amble Road history. The concerns on Karth Lake are shared by him. Runoff to lakes is a broad issue and does not just apply to Karth Lake. Councilmember Aplikowski stated she shares Probst's concerns. She asked the Engineer whether the standards used today are different than in 1978. The Engineer stated that the standards previously used were for blacktop and gravel base. Now another sub-base level is included in the standard. In the proposed project improvements, the standards now include a sub-base and replacement with sand, which allows for improved drainage. His concern is to do the best job possible. . . .e . . . . I I .e . I I I I I I Ie I Arden Hills Council 7 May 23, 1994 Councilmember Aplikowski stated that the loss of trees can happen any place. Regarding the pumping of water, the City needs to keep updated on this issue. She believes that the City has a systematic plan for street improvements and needs to go ahead for the sake of all of Arden Hills. Councilmember Malone stated that he believes that maintaining the infrastructure is a very important use of funds in Arden Hills. He believes that funds should be leveraged in addition to take advantage of the market. At this time, good bids have been received; whereas, in the future, this may not be the case. He stated he is torn on the Dunlap issue. Some people want it. He believes it would be wrong to take this out of the long term program; in addition to that, the prices will probably increase in the future. Councilmember Malone stated that he has similar beliefs regarding Amble Drive. Much of the objection is to the assessment, i.e., asking the City to share more in the cost; however, this does not speak to the problem itself. Some of previous city street surfaces are not to today's standards. There are finite number of dollars to be spent on infra-structure. The City does the best possible job. Councilmember Malone added that the Keithson issue is the result of digging for water and sewer pipes after the surface was done. This road's compaction has now improved, based on testing from an outside firm. It is important to keep the sub-base in place by doing the recycling to preserve the base. Councilmember Hicks agreed. He had a concern with Dunlap. The two or three people concerned do have the right to expect the road to be kept in an acceptable manner. He stated that if this street is dropped, the other street improvement costs may have to be reevaluated and re-bid, which could affect timelines for all of the projects. . . .e . . . . . . .e . . . . . . . .e . Arden Hills Council 8 May 23, 1994 Mayor Sather said that he agreed with the comments previously made by Councilmembers. Sather indicated that he would support keeping these streets, (including the Dunlap Street project), in the Pavement Management Project for 1994. He believed that this has a positive effect on a neighborhood. The Mayor gave as an example work previously done on another section of Dunlap. The neighbors at this location improved their landscaping after the street project was completed. The result was a neighborhood that has an upgraded and positive look. According to the assessment policy, if residents want to do street improvements in the future, they can bring to the Council a petition of 100% of the residents. That action would insure that they pay all of the costs of any improvement, instead of the 50% assessment charged currently. MOTION: Probst moved, seconded by Hicks, to include Dunlap Street in the 1994 Pavement Management Project. Council asked if Dunlap Street was removed from the project, would there be an increase in charges and cost. Engineer Maurer indicated that there are overhead costs to take into account, no matter how big or small a project. It would not be expected to be drastically different if Dunlap Street alone is taken out. Attorney Filla indicated that the contractor has the right to change these overhead costs and charges if it is rebid. Councilmember Probst indicated that there would have to be additional time allowed to hold a project hearing and assessment hearing in order to follow through the procedure, if Dunlap was removed. The Mayor called for a vote on the motion. Motion carried unanimously (5-0). . . .e . . . . . . .e . . . . . . . .- . Arden Hills Council 9 May 23, 1994 MOTJ:ON: Hicks moved and Malone seconded to approve Resolution #94-33, Accepting the Bid and Authorizing Execution of the Contract in the Matter of the 1994 Pavement Management Improvement Project. Motion carried unanimously (5-0). MOTJ:ON: Malone moved and Probst seconded to amend Resolution #94-33, to include a waiting period of 30 days to enact the contract in the matter of the 1994 Pavement Management Improvement Project per normal procedure with execution by June 23, 1994. Motion carried unanimously (5-0). MOTJ:ON: Probst moved and Malone seconded to approve Resolution #94-34, amending Resolution #94-30 Motion carried unanimously (5-0) . MOTJ:ON: Hicks moved and Aplikowski seconded to approve Resolution #94-35, Adopting the Final Assessment Roll (1994 Keithson, C.I.P.-Auditor #6407). Motion carried unanimously (5-0) . MOTJ:ON: Probst moved and Hicks seconded to Approve Resolution #94-36, regarding the Final Assessment Roll (1994 Reconstruction, 5 year - Auditor #6408 Reconstruction. Motion carried unanimously (5-0) . MOTJ:ON: Probst moved and Aplikowski seconded to approve Resolution #94-37, Adopting a Final Assessment Roll for(1994 Reconstruction, 8 years) Auditor #6418. Motion carried unanimously (5-0) . APPROVAL OF MnmTES FOR COtINCJ:L MEETING OF MAY 9 councilmember Hicks noted that on page 4 of minutes of the May 9, 1994 Council Meeting, the first paragraph 2nd from the last line, the words "City assessment policy" should be inserted. It was also noted on page 6 under Council Comments County Road J, the spelling of the word "road" should be corrected with a change at the end of . . .e . . . . . . .e . . . . . . . .e . Arden Hills Council 10 May 23, 1994 that line insert "and north of" and delete "further on". "He asked Person" in the next line, should read, "Hicks asked Person". On page 7 at the end of the first paragraph instead of "TCAAP" it should say "U of M property". There being no further corrections the motion made as follows. MOTION: Hicks moved and Aplikowski seconded to approve minutes of the May 9, 1994 as amended. Motion carried unanimously(5-0). CONSENT CALENDAR Gary Groen from the auditors firm of Abdo, Abdo & Eick appeared before the Council regarding the 1993 Audit report. Council had reviewed the report at the May worksession. Council had no further questions for Mr. Groen. MOTION: Malone moved and Probst seconded to approve consent calendar and authorize execution of all documents. Motion passed unanimously (5-0). PUBLIC COMMENTS There were no public comments. UNFINJ:SHED AND NEW BUSJ:NESS Planning Coordinator, Brian Fritsinger appeared before the Council to review the Planning Commission's recommendations: 1. Case #94-07, Arden Manor Mobile Home Park - Amend Special Use Permit #75-6, 4605 Prior Avenue North. Fritsinger indicated that the Arden Manor Mobile Home Park's request to amend the existing special use permit for the purpose of removing the swimming pool had been reviewed by the Planning Commission. The Commission recommended denial of the application and indicated that . . .e . . . . . . .e . . . . . . . .e . Arden Hills Council 11 May 23, 1994 the swimming pool was not identified as a part of the park dedication itself. Section 14-59 of the Arden Hills Municipal Code addresses recreational areas in mobile home parks. The City Attorney has clarified that as long as the pool is required as part of the SUP, the swimming pool must be maintained for tenants' use. He added that ordinance number 14-59 does not require swimming pools. The city does have the ability to amend the SUP to remove the swimming pool requirement. The Planning Commission recommended denial of the application to amend the SUP and remove the pool requirement. Councilmember Probst asked why the swimming pool is or is not maintained and who maintains it. Fritsinger indicated the mobile home park is required to maintain the pool per Section 14-59 of the Municipal Code. Probst asked what is the total mobile home park acreage. Fritsinger answered that there are approximately 60-65 acres in the Park, so the 10% park requirement would be 6-6.5 acres. In reality there are approximately 3.5 acres dedicated for park purposes. Councilmember Hicks indicated that the pool is part of the SUP approval and the park portion is maintained by the City, with the pool being maintained by the owner. Residents at the hearing indicated that the pool is in usable condition and should be available for use. Councilmember Aplikowski indicated at the time the pool was built, having a pool was considered an important part of the amenities for a mobile home. However, in her experience, insurance costs have escalated the cost of the pool. Most businesses have not continued the pool. She stated she believes that if the residents want this pool that they should want to work with the park owners to resolve this issue. Councilmember Hicks asked if there is any requirement that the City maintain the pool rather than the Park. Fritsinger indicated that there are no minutes that refer to how and why this pool was put in. The City does not . . .e . . . . . . .e . . . . . . . .e . Arden Hills Council 12 May 23, 1994 specifically require a pool but that it was offered as part of the SUP. Mayor Sather asked that if the park dedication was at the 10% requirement, at that time, has the Park dedication ever been satisfied? Attorney Filla indicated that the City could even now require the 10% park dedication. Instead of 6.5 acres of land actually set aside, the approximate value of 6.5 acres could be discussed with the owner. Another dedication in lieu of the land is also possible; cash payment or another condition could be added to show conformance to the SUP regarding park dedication. Hicks stated that at the Planning Commission meeting the residents said they can't use the ball field and other parts of the recreation areas because of the drainage and flooding of the park. He also indicated that there should be a fair amount of park land that can be used since there is a dense population and kids need a safe place to play. MOTIONl Probst moved, Hicks seconded to deny the amendment to the special use permit to #75-6, case #94-07, Arden Manor Mobile Home Park, that the owner secure any hazards or provide alternative recreation uses. The owner is asked to appear at the meeting of June 27, 1994 to review the swimming pool upkeep and any associated hazards. Motion carried unanimously. Further discussion by Council indicated that the existing 3.5 acre easement is a part of a package to satisfy the park dedication. There needs to be some work done by park owners to alleviate the problems of drainage. He suggested that if there is not sufficient room for additional park items, then the owner can address the issue in a different manner, as suggested by the attorney. The applicant was represented by Park Manager Tom I I I- I I I I I I Ie I I I I I I I Ie I Arden Hills Council 13 May 23, 1994 Holmquist, who spoke to the Council regarding drainage. He stated that he has experienced run-off from the TCAAP and that is something he has not been able to finalize with them. He indicated that the culvert at the north end drains into the center of the park where the playground is making the Park unusable. There have also been instances of 10-12 inches of water on the baseball field, making it unusable as well. since this is a City Park maintenance issue, he believes that the City is responsible for getting rid of the water run-off. Mr. Holmquist indicated that the pool too, has maintenance problems. Whether or not the denial of the SUP pool is made, it is not a good asset. There is not a lifeguard on duty. The park has a rule that anyone under 14 years of age needs a parent present. Councilmember Aplikowski indicated that the door has been left open for the owner to come to address the serious matter of the pool and return to the City with any alternative. Attorney Filla indicated there are language and code requirements that are specific to the operation of mobile home parks and do impose an obligation on the owner. If there is a hazard, the City can require the owner to appear before Council and order the park to secure an area that is safe for the residents. Councilmember Hicks indicated that the pool must be open and be safe or else the owner is in violation of the special use permit. The manager indicated that the owner is in town monthly, especially during the summer months, and is available more often. Councilmember Malone requested that staff serve the owner notice to appear before the Council to deal with the issue of the swimming pool upkeep. It was suggested that the staff set aside part of the meeting of June 27th for the owner to appear. The Council is asking that the owner secure hazards or provide other alternative recreational options if the pool is to remain closed. . . .- . . . . . . .e . . . . . . . .e . Arden Hills Council 14 May 23, 1994 This amendment was accepted by Malone and Probst for the motion made earlier. 2. Case #94-09, Control Data - Amend Special Use Permit #88- 25, 4201 Lexington Avenue North. Fritsinger reviewed the request by Control Data before Council asking approval for the placement of a second satellite dish on the roof of Building #3. He indicated that this satellite dish has screening surrounding it and six foot high sidewalls on three sides and a twenty foot penthouse on the fourth side. Control Data controls all space within 600 feet except for a small portion of space on Lexington Avenue. Despite this small area, Fritsinger reported that the ordinance requiring screening surrounding buildings is adequate. The Planning Commission recommended approval of this request to Council. Councilmember Malone indicated that the purpose of the ordinance is to minimize the visual impact as much as possible on surrounding areas. Fritsinger indicated that an additional antenna that had been on the northwest corner of Building #3 has been removed voluntarily by Control Data, as required by the Planning Commission. MOTION: Malone moved seconded by Hicks to approve the amendment to this special permit request by Control Data to approve the installation of the satellite dish. Motion carried unanimously(5-0) . 3. Case #94-08; Abra Auto Body Special Use Permit #94-08, Lexington Avenue. Fritsinger indicated that the review of the land use chart does not specifically address a body shop. However, the definition of the auto body shop is very I I Ie I I I I I I Ie I I I I I I I Ie I Arden Hills Council ~5 May 23, ~994 similar to a service station, which is allowed by SUP. The most appropriate definition would be a repair garage, although this is also similar to a service station with incidental auto body repairs. The applicant has indicated that full body painting is not to be done on this site. That portion of the building that is in question, had been previously occupied by Zeos Computers. CUrrently, there are computer-based businesses on either side of the proposed Abra Auto Body. Fritsinger also reported that the parking requirements have been met. Refuse will be contained on the west exterior within a 6 foot high fence, wood stained similar to the color of the building. Signage will be in compliance with a maximum of ten percent of the facade. Access is on the grade level in front, with an overhead front door. Access is also in the rear for actual driving into the building for repairs. Skylights will be installed based on a review and report by the Fire Department. There was a question by the Planning Commission of compatibility with the computer stores on either side. Fumes are minimized and should have little effect on the computer stores. Neighboring P. C. Tailor was aware of the interest from Abra and did turn down an option of first refusal on the portion of this building that is available for lease. The Planning Commission approved this request with the various conditions as noted in the staff report. councilmember Malone requested further information on the paint fumes. James Benson, the owner representative indicated that a down draft would be used in this building, as is used in other businesses that they own, which contains and moves the fumes from the ventilation system. Councilmember Malone stated it does seem that the surrounding businesses can operate and be compatible. Malone wanted assurances that the fumes are controlled. On a side note, he wanted to communicate to the landlord that they have done a very nice job on the outside I I Ie I I I I I I Ie I I I I I I I I- I Arden Hills Council 16 May 23, 1994 appearance of this building in the last year. Concern was expressed regarding the overhead door on the front side of the building. Gary Nordness, representative of Roberts Development, indicated that the owners stipulated glass tinted windows with an anodized door. This door will be set off to the side with a canopy offsetting the appearance. He indicated that in other locations, the overhead door has been removed when Abra leaves the building and regular windows have been reinserted. Councilmember Probst requested information regarding the appearance of a second drive off of Lexington Avenue. Fritsinger indicated that this was changed and is noted on the revised plans. Councilmember Probst indicated that he also had some concern about the compatibility of an auto body shop surrounded on both sides by computer shops. However, he does not see this as a major issue. Councilmember Hicks was also concerned about the compatibility of the computer stores on either side of the building and the overhead door. Mr. Nordness informed the Council that the offset of the canopies, the glass, and the window tinting of the front door does not interfere with the overall site of the building. The front overhead door allows for other uses or removal, (it is a 10 x 10 overhead door), in the event that Ada no longer desires to be a tenant of the building and if this is the desire of the leasing parties and the City. Mr. Nordness indicated that based on statistical reviews of the population, Minnesota winters play a big part in the need for a front access because it is cleaner and warmer, and in this building, it is closer to the administrative areas. This is a positive in the customer's mind. . . .- . . . . . . .e . . . . . . . .e . Arden Hills Council 17 May 23, 1994 Mayor Sather indicated that he could see where it would be more ideal to be on a corner for access, however, both of the corners are occupied. He said it is apparent to him that Roberts would want to replace the door with windows if a different tenant was in this building. MOTION: Motion by Hicks and seconded by Malone to approve the special use permit for Case #94-08; Abra Auto Body, subject to the 6 conditions identified at the May Planning Commission meeting. 1. Maintain all necessary local, state and federal permits. 2. No parking of damaged vehicles, unlicensed vehicles or inoperable vehicles be allowed in the lot beyond 24 hours. 3. The trash enclosure. doors remain closed at all times except when loading or unloading trash. 4. No unscreened exterior storage be permitted. 5. The exterior sign plan be reviewed and approved by the Community Planning Coordinator. 6. Any complaints from adjacent tenants in regards to noise, fumes or other related issues shall cause the City to review this permit. Motion carried 4-1. Probst opposed. ADMINISTRATOR COMMENTS No Administrator comments for this session. COUNCIL COMMENTS: Councilmember Hicks noted that Northwestern Family . . .- . . . . . . .e . I . . . . . .- . Arden Hills Council 18 May 23, 1994 Services has continued working with the League of Minnesota Cities and have reached a tentative agreement to purchase their building. He stated that he told NWFS that any impact financially on Arden Hills may be difficult in this budget year. A request probably will come from NWFS. Councilmember Malone indicated that he urged the City to proceed with changes as proposed by the Community Planning Coordinator for the transient merchants ordinance. He was, however, disappointed that these changes were not part of the original changes presented earlier this spring. He had expected that they would be there. Council concurred with the clarifications to the transient merchants ordinance. He also indicated that the assessments on North Dunlap may need to be handled with some adjustment; however, he believed that this could be completed by staff. Council concurred. Councilmember Probst stated he was frustrated with the public hearings process when the public does not understand project approval versus assessment approval. He also indicated that the Planning Commissioner'S vacancy opening should be filled as soon as possible. He thanked the volunteers and the Parks and Recreation employees for the flower planting done this last week. Mayor Sather reported that Planning Commission Chair Winiecki voiced is concern that a low attendance is expected in June, July, and August due to vacation plans of the members. She had asked that an alternative be appointed for these months. Ray McGraw may be interested in working as an alternate during these months. Staff was asked to follow up on that suggestion and Council will discuss this item at a later date. councilmember Malone asked whether a Council member can legally sit as a member or alternate of the Planning Commission. Attorney Filla indicated that there is I I. I I I I I I I Ie I I I I I I I Ie I Arden Hills Council 19 May 23, 1994 nothing that would disallow it; however, it may cause confusion as to whether the recommendations are truly recommendations from a citizen group or are recommendations that have been influenced by a Councilmember sitting on the commission. ADJOURN: MOTION: Malone, to adjourn Motion carried Probst moved, seconded by the meeting at 9:30 p.m. unanimously (5-0J. ~~ ~~ Thomas R. Sather, Mayor Dorothy erson, City Administrator m:\0523counc.wpd