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HomeMy WebLinkAboutCC 06-13-1994 ,. '. , , , , , , , ,e I I I I I I I ,- , MINUTES CITY OF ARDEN HTT.Ul, MINNESOTA REGULAR CITY COUNCIL l\I1J!J!;l'mG June 13, 1994 7:30 P.M. - City Hall CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; Councilmembers Dale Hicks, Paul Malone, Dennis Probst. Councilmember Beverly Aplikowski was absent Also present were: Brian Fritsinger, Community Planning Coordinator; Dan Wmkel, Public Works Superintendent; Dorothy Person, City Administrator; Terry Post, City Accountant; Cindy Severtson, Park and Rec Director; and Recording Secretary, Deanne Gueblaoui. ADOPT AGENDA Under New Business, No. 6C was added: Discussion of TIaffic Sign Policy. MOTION: Malone moved, seconded by Probst, to adopt the June 13, 1994 agenda as revised. Motion carried unanimously (4-0). APPROVAL OF COUNCn. MINUTES MOTION: Malone moved, seconded by Probst that approval of the minutes of the May 19, 1994 Council work session, and the regular Council meeting of May 23, 1994, be postponed to the next regular Council meeting of June 27, 1994, for further review and correction. Motion carried unanimously (4-0). CONSENT CALENDAR MOTION: Hicks moved, seconded by Malone to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Approve HUD Grant/County Community Development Block Grant b. Approve payment of claims and payroll I, I. I I I I , , , .. , . . , . I , ,- , ARDEN HILLS CITY COUNCIL - JUNE 13, 1994 PUBLIC COMMENTS 2 Mayor Sather opened the meeting to public comment on items not on the agenda for the meeting. There were no public comments. UNFINISHED AND NEW BUSINESS 1. PLANNING ITEMS REOUEST TO USE TEMPORARY HOUSING ITRA VEL TRAILER) ON HIS PROPERTY DURING REMODELING/GEORGE WINIECKI. 4471 OLD HIGHWAY 10 Fritsinger stated that Mr. George Winiecki has requested to use his travel trailer as a temporary residence on his property during extensive exterior remodeling construction to his home. After discussing the request with a Code official, it is his opinion that under the zoning ordinance the request could be allowed with a temporary use permit approved by the Council. Staff is recommending Council approval of the temporary permit. Probst expressed concern for setting a precedent of allowing trailer use under remodeling circumstances. If this application is approved, he would request that it be with the clear understanding that there are special circumstances in terms of lot size and the location of the trailer which allow for a temporary use permit. Probst stated that he would not want such requests to become standard procedure for remodeling or for residents to expect to set up trailer homes in front yards for accommodation during renovation. MOTION: Hicks moved, seconded by Malone to approve a 9Q-day temporary permit to allow Mr. George Winiecki the use of his trailer for housing on the basis that the uniqueness, size and location of his lot is such that the location of the trailer will not be close to other residences. Motion carried unanimously (4- 0). 2. PLANNING COMMISSION RECOMMENDATIONS MCCLUNG 4TH ADDmON - PRELIMINARY PLAT Fritsinger distributed a set of plans to Councilmembers for the McClung 4th Addition preliminary plat, including a wetland delineation as required by the Planning Commission. I. I. I I I I I I I Ie I I I I I I I I- I ARDEN HIT.{ .~ CITY COUNCIL - JUNE 13, 1994 3 Fritsinger stated that the applicant is requesting approval of the preliminary plat for a 9-10t residential subdivision known as McClung 4th Addition. The applicant has had three previous subdivisions in this area approved by the City Council. This is the remainder of the land to be developed in the area. The area in question is zoned R-l, single family homes and consists of approximately 4.5 acres. The lots do meet the minimum 14,OOO-square-foot lot requirement of the R-l zoning district. The applicant is anticipating lot prices to be in the $70,000 IlIIIge. Subsequently, the homes that will be built will be in the price IlIIIge of $200,000 to $250,000. Fritsinger stated that the Planning Commission reviewed the proposed plan at its March meeting, and a number of issues were Iaised. The applicant was requested to have the plan approved by the Rice Creek Watershed District (RCWD) before presenting it to the City Council. The applicant has completed the wetland delineation, and the watershed district has granted approval to the preliminary plat as submitted. One of the key questions is the width of the 4O-foot setback. All nine lots conform with the 95-foot lot width. The plat identifies utility and drainage easements on the front 10 feet of the lots, and on Lot Nos. 1-6, where additional drainage easements are located in the back of the lots. The applicant has provided a drainage plan. The Assistant Engineer anticipates that with the street improvement and addition of homes, runoff should be reduced in the area. Substantial cutting and fill will be required to make the area developable. Fritsinger stated that the street width and radiuses do meet all requirements. The park dedication will provide a connection between two existing trails. The Planning Commission recommended approval of the plat, subject to the review of the drainage and RCWD approval. Malone noted that in looking at the plans for the street, the City did upgrade standards with the construction of Woodbury and Keithson. He asked if utilities will be under the streets. Fritsinger answered, yes. Malone recommended that the utility ditch be filled with new material as a long term investment. He also recommended that steps be taken to build a quality road that will last as long as possible. He urged staff to particularly pay attention to the quality of street construction. Hicks asked about the drainage easement identification on Lot Nos. 1,2, 3 and 4. He asked if the drainage flows from the lots to the low areas. Fritsinger responded that Lot Nos. 1-4 and part of Lot 5 drain from the low area to Colleen Avenue and McClung Drive. Hicks asked if there is a drainage easement on Lot Nos. 1 and 2 of the 2nd Addition. I, I- I I I I I I I I. I I I I I I I I- I ARDEN RTT.T ,'I CITY COUNCIL - JUNE 13, 1994 4 Wmkel answered that the drainage easement is in the back of those lots. The drainage flows north and west to Snelling Avenue. Hicks asked who is responsible and what is required for maintenance of the drainage ditch. He expressed concern about taking on additional responsibility for drainage maintenance when it is not known what development will occur on the other lots. He asked if the drainage will be open water or a sodded swale. Winkel stated that it is the City's responsibility and noted that the ditch needs to be cleaned, which will be done. The ditch is 8 to 10 feet deep in places. It is not full of water, but the ditch is deep. MOTION: Hicks moved and Malone seconded approval of the McClung 4th Addition, Case No. 94-04, preliminary plat as presented. Motion carried unanimously (4-0). AMOCO CERTICARE - SUP/AMOCO CONVENIENCE STORE AMENDED SUP Fritsinger stated that two applications for development have been received from AMOCO. The first is in regard to the relationship to the conversion of the existing Great Lakes Restaurant into an 8-bay AMOCO Certicare service center. At the present time, the service station has two bays within it and a small area for a convenience store. The applicant is proposing to convert two bays within the existing service station into a convenience store and convert the restaurant into an 8-bay AMOCO Certicare. Under the zoning ordinance, the service station requires a special use permit (SUP), and an amended SUP must be approved for the proposed conversion. The existing service station is owned by American Oil Company and leased to the applicant. Mr. Brausen will own the new station, not AMOCO. The building is a non-conforming building due to a variance granted a number of years ago. The proposal does not change the foot print of the lot, as the same building will be used. All Code requirements for parking are met. Refuse will be located to the east of the proposed station with new enclosures for all trash and tires. The existing curb line, which will be straightened, follows shrubs along the south property line. A new landscaped island is proposed. The island will provide screening from the adjacent clinic with 6- foot spruce trees and a berm area to reduce visibility of the station. The berm would partially be on the neighboring clinic property. The Clinic has indicated that this proposal will be agreeable and with their neighboring green space, the plan conforms to the 25 percent requirement for landscaping. Fritsinger stated that there are two different ways to access the site. One is off County Road E on the west side of the site and off of County Road E on the clinic I, I. I I I I I I I I- I I I I I I I I- I ARDEN H1T.J .s CITY COUNCIL - JUNE 13, 1994 5 property. There is an existing easement with the property owner of the clinic which will continue. If that access easement would ever be withdrawn, staff recommends that the SUP be reviewed by the City. Fritsinger stated that there are no changes to the parking lot or drainage. The existing drainage would flow from the southwest comer into the ditch along the highway. The design of the building does meet Code requirements, and the colors will be the existing AMOCO colors. The Planning Commission did request the applicant to add smaller shrubs along the freeway on the west side of the property to provide additional screening from the freeway. The Planning Commission did not review the signage plan and has requested that once completed, the Commission have the opportunity to review and approve it. The Planning Commission recommended approval of the proposal, subject to the screening conditions. Fritsinger stated that the applicant maintains allloca1, state and federal permits. There will be no parking of damaged, inoperable or unlicensed vehicles outside of the service bays. As detailed in the staff report, no exterior storage will be permitted. Hicks asked what the existing setback conditions are that cause the building to be non- confonning. Fritsinger stated that there is a City requirement that the parking lot abut the PIOpert}' line and the building be set back 10 feet. In this instance, the building is on the property line. When this building was approved there were some issues of frontage and setback requirements. The Council at that time ultimately granted a variance to allow the building to sit in its present location. Hicks noted that the green space is the required 25 percent only with the portion of berm on the adjacent property. Mr. Ted Brausen stated that he would be willing to enlarge the benn three feet onto the AMOCO property to meet the 25 percent landscape requirement and also maintain the portion of berm on the adjacent property. That would increase the landscaping to slightly greater than 25 percent. Hicks noted that the Planning Commission minutes state conditions for the amended special use permit contingent upon maintaining the existing parking agreement with the former restaurant. He asked if Mr. Brausen will own both properties. Mr. Brausen stated that he is in the process of negotiating to purchase the AMOCO station. There is no problem with maintaining the parking easement with the restaurant. It goes with the property and will need to be transferred. Hicks noted, as a point of information, the concern of the property owner to the east I" I. I . I . . I I .e , I I I I , , ,- , ARDEN HILLS CITY COUNCIL - JUNE 13, 1994 6 who has expressed concern about the lease arrangements not having been paid by the owner of the old restaurant. He would not want that to jeopardize Mr. Brausen's opportunity in successfully negotiating a lease arrangement. He asked if anything is being done to get the previous owner to settle that debt. Mr. Brausen stated that it is his understanding that the bank took over the property and sold it to Mr. Dave Sturgard who has offered to settle the issue. However, the offer was lower than what was expected. The property is now in foreclosure to clean the title. MOTION: Hicks moved, seconded by Malone to approve Case No. 94-05 for a SUP to operate on the new AMOCO Certicare station site at the old Great Lakes Restaurant site, and amend the Special Use Permit issued and amended in connection with City Case Nos. 76-36, 83-20, 86-27 and 92-06 for a gas convenience store facility at 1306 West County Road E, Case No. 94-14, subject to all staff and Planning Commission recommendations. Motion carried unanimously (4-0). CELLULAR ONE - SUP Fritsinger stated that the Planning Commission has reviewed and approved the SUP for Cellular One subject to conditions in the staff report. Probst noted that the conditions are identical to the ones presented at the earlier discussion. Malone asked if the antennas are all in place. Winkel answered, yes. MOTION: Hicks moved, seconded by Malone to approve the Cellular One Special Use Permit, subject to the conditions of the Planning Commission. Motion carried unanimously (4-0). PLANNING COMMISSION VACANCIES City Administrator Person stated that the Council has received two applications for one vacancy on the Planning Com'mission. Two more letters of interest are anticipated. The Council can fill one or two vacancies. One is being requested at this time pending receipt of further applications. Probst suggested that those who are interested be encouraged to submit their applications by the next Council meeting so they can all be reviewed at the same time. I, I. I I I I I I I Ie I I I I I I I Ie I ARDEN IJTJ.T .l:l CITY COUNCIL - JUNE 13, 1994 7 Mayor Sather noted that the Planning Commission is not meeting until July, and by consensus of the Council it was agreed to postpone tilling vacancies to the next Council meeting. DISCUSSION OF HUMAN RIGHTS COMMISSION STATUS Mayor Sather stated that considerable time has been spent deliberating the status of the Human Rights Commission over the last several Council work sessions. At one time the City was required by stale law to have a Human Rights Commission. That requirement is no longer in effect. The Council has discussed changing the commission to a committee that would serve at the pleasure of the Council. The question to be decided is whether to take formal action to abolish the Human Rights Commission and reinstate it as a committee. Probst stated that he has had the opportunity to serve as Council liaison to that commission, and it is appropriate to redefine its role. With the changes in state statutes regarding mediation of human rights cases, the need no longer exists for this commission to continue as a statutory commission of the City. He recommended that the City Administrator submit a formalized resolution for Council approval. MOTION: rocks moved, seconded by Malone to adopt Resolution No. 94-38. Motion carried unanimously (4-0). ARDEN HILLS TRAFFIC SIGN POLICY Mayor Sather stated that the proposed traffic sign policy would formalize a procedure for traffic signs. When residents express concern about various intersections or traffic problems, a process would be in place to pursue the issue. Probst stated that the proposed policy reflects ideas from prior discussion of the City Council and the Public Works Committee, who solidly supports the policy. It defines a clear process for adding or removing a traffic sign. MOTION: Probst moved, seconded by Malone to adopt the Traffic Sign Policy as presented. Discussion: Malone stated that the policy addresses locations where traffic signs are required by law. In order to put up a traffic sign, the location must meet state criteria that warrant it, which can be very stringent. He asked if a certain location does not meet the warrants, would that mean automatic denial for 'placement of a traffic si~. Winkel responded that the City can evaluate each situation, and there are sometimes special circumstances for exceptions to be made to the rule. I, I. I I I I I I I I- I I I I I I I I- I ARDEN HU.J S CITY COUNCIL - JUNE 13, 1994 8 Malone noted that the first step in the procedure refers to the Minnesota Traffic Sign Manual. If the situation does not meet the warrants specified in the manual, MNIDOT will not approve the traffic sign. Winkel agreed that is correct. If the City would wish to pursue the issue, the appeal process would be used. Hicks noted that the Public Works Superintendent decides individual situations based on the warrants specified in the Minnesota Manual. If the resident is not satisfied, the Public Work Superintendent's decision can be appealed to the Public Works/Safety Committee. The Public Works Superintendent submits to the Committee verification of the warrants and the reasons for the decision that was made. Winkel added that if the resident is not satisfied with the Public Works/Safety Committee decision, the issue would be appealed before the City Council. Hicks noted that the issue is not brought before the Council until an appeal is made. Malone asked if City Attorney Filla has seen the policy. By having this decision delegated to the Public Works Superintendent and Public Works/Safety Committee, would the City loses immunity from discretionary action because the line of responsibility has changed. Winkel stated that Mr. Filla has not seen the policy. Person stated that the Public Works Superintendent's decision is very limited and based on specific rules stated in the manual. Malone recommended the policy be reviewed by City Attorney Filla and suggested tabling approval of this policy until the next Council meeting. Probst accepted Malone's recommendation and agreed to table the motion. ADMHaSTRATORCO~ Person stated that a resolution has been submitted for Council review from the City of Afton. Afton is involved in litigation regarding the Open Meeting Law with the League of Minnesota Cities. The League of Minnesota Cities offered additional coverage for Cities for liability expenses. Afton has requested retroactive costs to be I, I. I I I I I I I Ie I I I I I I I Ie I ARDEN H1T.T .~ CITY COUNCIL - JUNE 13, 1994 9 paid for a time when there was no coverage. The case has been appealed to the Minnesota Court of Appeals and is now being appealed to the Minnesota Supreme Court. The City of Afton would like to stop the appeal due to the cost and has requested support from other cities. Malone stated that City Council members are dependent on the League of Minnesota Cities for legal expenses. It is the Council's responsibility to maintain the League of Minnesota Cities Insurance Trost. The League is defending itself from others who may try to collect on retroactive coverage. It is like claiming an insurance company should pay claims that were not insured. Malone stated he could not support the resolution. It is not clear why the League is appealing the decision rendered in their favor and charging Afton legal expenses, when Afton did not want to pursue an appeal. It is confusing. However, it is important to keep the League of Minnesota Cities whole, and he proposed no action be taken. By consensus of the Council, it was agreed to take no action on the matter. Person referred Councilmembers to the water loss report submitted by the Public Works Superintendent. This item is expected to be on the July work session agenda. Hicks stated that he assumes that staff have responded to the resident with the question about water utility bill recently received in the packet to Council from Mr. Gene Yates. City Accountant, Terry Post, stated that his recollection is that he responded to the resident in writing. He will verify that for the Council. Malone stated that if the City has to replace watermains, the smartest technology should be purchased. It is a matter of how to finance the project. Person noted that the Council discussion on the 1995 budget will be taken up at the July work session. Person referred Councilmembers to the memo from Mr. Terry Maurer, MSA Consulting Engineers, regarding the Ramsey County Turnback Proposal as a point of information. COUNCIL COMMENTS Malone noted the two proposed changes to the animal ordinance from the Animal Control that appear to be sensible mechanical details. Probst asked if there was an update from the Army Reserve regarding retrocession. I. I. I I I I I I I .. I I I I I I I I- I , . ARDEN HTT.J .~ CITY COUNCll. - JUNE 13, 1994 10 Person responded that the Fire Department has had no response. A report will be submitted as soon as they are contacted. Their opinion is that they still contract through Arden Hills in order to provide services. The Sheriff's Department has Probst noted the good bit of financial news with the TIP payback. Post stated that there is a sunset law on TIP districts. If there is no action for five years, TIP districts are decertified on a pin number basis within the district. As there has been very little action, except the renovation of the rendering plant, that number from the redevelopment district. It is expected that the income will go down significantly when the amount of activity is reviewed. Fritsinger stated that the three or four parcels from the rendering plant will remain in a TIP district. If any developers apply to develop on the property, the City can notify the County for the parcels to be recertified as a TIP district. Probst stated that the lift station seems to be in need of ongoing repairs. He suggested that an overall review of need be held at a future date. Probst requested that a separate record be kept of the City's costs for repairs to the lift station. Mayor Sather stated that he is formally offering his resignation, as he and his wife have sold their home and will be moving July 10, 1994. ms resignation will be effective June 30, 1994. He expressed sincere thanks and appreciation to each Councilmember and staff person for their willingness to work hard for the City. The successes enjoyed could never have happened without the work of the Council and staff. There have been tough times, but actually he can only recall two failures in his ten years of City service: 1) he Council was unsuccessful in attempting to secure property from TCAAP, and 2) the referendum failed for a new City Hall and public works facility. The lasting impact that will be felt by this community is that this Council has been very successful. He requested that the Council accept his resignation and proceed with naming an interim successor. ms term would have expired December 31, 1994. He thanked each person most sincerely for the help they have been to him in his career. He stated that he has been able to serve on the Park Commission, Planning Commission, City Council and now as Mayor. The reason he has been able to grow in these capacities is because of the encouragement he has received. Probst stated that he takes no pleasure in participating to accept Mayor Sather's resignation. He will be a big loss to the City. It is due to the Mayor's encouragement that he has become a Councilmember. He will be missed by the Council and it is unfortunate for Arden Hills that Mayor Sather is leaving. The Council concurred. I.. , " I. I I I I I I I I- I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - JUNE 13. 1994 11 MOTION: rocks moved, seconded by Malone to accept with regret the resignation of Mayor Sather effective June 30, 1994, and declare vacant the Office of Mayor of Arden H'ills, as of July 1, 1994. Motion carried unanimously (4-0). ADJOURN MOTION: Malone moved, seconded by rocks to adjourn the meeting at 8:40 p.m. Motion carried unanimousl (4-0). :Jj,-~ ~ _.. ~ _..,.J,t;....'.......---' ~~ 1 Dorothy A: Person, -,,,_,'-'''~:W~l City Administrator Thomas R. Sather, Mayor NOTICE OF MEETINGS: The next regular Council meeting will be held June 27, 1994, at 7:30 p.m. at City Hall.