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HomeMy WebLinkAboutCC 05-08-1989 .. ,.. .. .. ;,. MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING MONDAY, MAY 8, 1989, 7:30 P.M. - VILLAGE HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. ROLL CALL The roll being called the following members were present: Mayor Thomas Sather, Councilmembers Nancy Hansen, Paul Malone, JoAnn Growe and Thomas Mahowald. Also present: Engineer Barry Peters, Planner John Bergly, Treasurer Frank Green, Public Works Supervisor Robert Raddatz, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. ADOPT AGENDA Hansen moved, seconded by Malone, that Council adopt the Agenda as submitted by the Clerk Administrator. Motion carried unanimously. (5-0) APPROVE MINUTES Malone moved, seconded by Hansen, that Council approve the minutes of the April 24, 1989, Regular Council Meeting as submitted. Motion carried unanimously. (5-0) CONSENT CALENDAR Hansen moved, seconded by Malone, that Council approve the consent calendar for the 5-8-89 meeting, including authorize execution of any necessary documents contained all Resolutions, and therein. a. Approval of Proposed Summer Recreation Program. b. Approval of Cigarette, Off-Sale Malt, and Grocery License to Gateway Foods of Mpls. (formerly Hauser's IGA). c. Adoption of Resolution No. 89-22, Installation of Signal Lights at TH 96/Hamline. d. Adoption of Resolution No. 89-23, Requesting Cancellation of Outstanding Balances and Current Installations on Special Assessments for Parcel B (adjacent to City Hall). e. Acknowledgment of May 1 Air Quality Board Meeting Minutes. f. Approval of Royal Hills Park name for North Snelling Park. g. Acknowledgment of Letter from Super Cycle. h. Acknowledgment of Arbor Day Celebration. i. Approval of List of Claims and Payroll. Motion carried unanimously. (5-0) PUBLIC COMMENTS PET LITTER; TRAIL CLEAN-UP Richard Fish, 2021 Edgewater Avenue, appeared before Council to discuss the problem of pets littering on the City trails and owners that do not clean up after pets. Fish stated he has discussed the matter with Park Director Buckley and signs have been posted, however, the problem has not been remedied. He suggested strengthening and enforcement of the current City Ordinance. Fish also advised the Community Service Officer is aware of the problem and the pet owners that violate the current Ordinance. Mayor Sather directed staff to place an article in the Town Crier which encourages public support and adherence to the current Ordinance. Sather further directed staff to obtain copies of Ordinances from other communities for Council review. He suggested Mr. Fish continue to work with staff in regards to this matter. BID AWARD RES. #89-24; BID AWARD, OAK AVENUE STORM SEWER IMPRVMT. Council was referred to Engineer Peters report of 5-5-89, relative to the bid award for the Oak Avenue Storm Sewer improvement. Peters advised seven bids were received; he recommended award of bid to Ro-So Contracting, the low bidder, in the amount of $11,715.00. He stated the company has experience and is capable of handling the project. . . . . . -Minutes of the Arden Hills Regular Council Meeting, May 8, 1989 Page 2 BID (Cont'd) The Engineer stated a public hearing is required if the project costs are assessed and it was previously set for May 8; he explained the reason for delay of the hearing and that the delay would not adversely affect the residents or the project. He recommended the hearing be rescheduled for Tuesday, May 30, 1989, and that Council award the contract, but delay sending the "notice to proceed" to the contractor until after the hearing. Peters noted the contractor would have sufficient time to prepare for the improvement prior to the hearing and will be ready to begin the project May 31. He stated the project completion date may be delayed one week. Council concurred to direct the Engineer to hold the "notice to proceed" until after the public hearing on this project. Michael Daub, Attorney for the Ahlbergs, questioned if the residents in the area had been previously assessed for a storm sewer improvement. Daub indicated a petition is being drafted in protest of the assessment by residents in this area. He suggested Council reconsider assessing the residents due to the fact the bid awarded was lower than the Engineers estimate. He asked Council to consider Ahlbergs assuming the costs for repair of their driveway as satisfactory contribution toward improvement. Clerk Administrator Berger advised the residents have not previously been assessed for storm sewer improvement. Growe moved, seconded by Mahowald, that Council adopt Resolution No. 89-24, Accepting Bids And Awarding Contract For Storm Sewer Utilities To Serve 1680 Oak Avenue And Adjacent Areas (Improvement No. ST-89-02). Motion carried unanimously. (5-0) UNFINISHED AND NEW BUSINESS RES. #89-25; BIKE TRAIL, HAZELNUT PK. Council was referred to Park Director Buckley's report dated 5-3-89, relative to the Hazelnut Park trail improvement. Clerk Administrator Berger advised $25,000.00 was budgeted in 1989 for improvement of the pedestrian pathways. He stated Engineer Peters estimates the project cost at approximately $20,000.00 and Council authorization is necessary to direct Peters to prepare plans and specifications for the pathway project, schedule the bid opening and advertise in the local paper and construction Bulletin. He outlined the two options proposed in the 5-3-89 report. Peters stated there is a third option available which would follow the schedule outlined in Option I and includes Council approval of plans and specifications on May 30. Councilmember Hansen recommended the Engineer make a strong attempt to deter motor bikes from using the paved pathway. Peters stated it would be difficult to keep the motorized bikes off the pathway, however, he will attempt to slow them down. Malone moved, seconded by Mahowald, that Council adopt Resolution #89-25, Ordering Preparation of Plans And Specifications for Improving Hazelnut Park Bike Path, authorize the Engineer to advertise for bids for the project and schedule the bid opening for May 30, 1989. Motion carried unanimously. (5-0) CASE #89-04; SUP, KENNEDY TRANS., 3751 LEXINGTON AVE., C.G. REIN Council was referred to the Planner's report dated 5-3-89, relative to the application for a Special Use Permit for Kennedy Transmission, 3751 No. Lexington Avenue, C.G. Rein Company. Planner Bergly explained that when the SUP for Burger King and Goodyear Service Center was approved there was an unspecified retail area designated on the plan and the applicant is proposing to reduce the size the retail area to locate a Kennedy Transmission Service Center in the rear portion of the Goodyear building. He stated a portion of the space will remain as undesignated retail space. The transmission center requires a special use permit. . . . . Minutes of the Arden Hills Regular Council Meeting, May 8, 1989 Page 3 CASE #89-04 (Cont'd) approval of the one appeared in Bergly referred Council to the Planning Commission minutes of 5-3-89, and advised the Commission recommended proposal. He stated a public hearing was held on 5-3-89 and no opposition to the plan. The Planner eXplained that upon initial submission of the plan the developers were asked to plant a few more shrubs and trees on the site; they responded by substantially increasing the landscaping on the site, as outlined in the revised landscape plan submitted. Bergly advised all the Ordinance requirements are met for the site plan, signage plan and conform with the stipulations of the previous approval. Bergly stated three actions are necessary; approval of the special use permit, signage plan and revised site plan. Malone moved, seconded by Growe, that Council approve Case #89-04, the Special Use Permit to allow a service station, Kennedy Transmission, in a B-2 District, based on the rationale provided in the Planning Commission minutes of 5-3-89. Motion carried unanimously. (5-0) Malone moved, seconded by Hansen, that Council approve of the Revised Site Plan for the site containing Goodyear Service Center, Burger King, Kennedy Transmission and undesignated Retail Space, based on the rational outlined in the Planning Commission minutes of 5-]-89. Motion carried unanimously. (5-0) Malone moved, seconded by Hansen, that Council approve the Signage Plan for the subject site, Case #89-04, based on the signage plan meeting all applicable sign Ordinance provisions. Motion carried unanimously. (5-0) CASE #89-05; SITE PLAN REVIEW, TEMP. BLDG, BETHEL COLL. Council was referred to the Planner's report and Planning Commission minutes of 5-3-89, relative to the request from Bethel College to install a temporary office building in the central area of the campus. Bergly advised the manufactured structure is approximately 20 ft. x 40 ft. and will be used as temporary office space to accommodate an adult degree completion program that eventually will be located in the Community Life Center building (building A shown on the Master Plan). He stated there are two stages in the constructions phases; the first stage is a theater complex and the second stage will add offices to the theater building and remodel other office space. Bergly eXplained the request is to utilized the temporary building until both stages are completed in 1994; if completed earlier the building will be removed and if more time is needed a request will be submitted for an extension on the time. The Planner referred Council to the Planning Commission minutes of 5-3-89, recommending approval; consideration was given to the cooperative attitude experienced with Bethel College in the past and the fact that the building will not be seen from exterior roads~ Councilmember Growe questioned if restroom facilities are required in the temporary buildings. Craig Hjelle, representing Bethel College, advised he discussed the matter with the Building Inspector and restroom facilities are not required as long as the occupants have access to adjacent buildings with restrooms. Bergly advised the Building Inspector will review the temporary structure and insure it meets all code requirements prior to issuance of a building permit. Councilmember Hansen expressed the hope that the cooperative attitude experienced in the past with Bethel College would continue during the negotiations relative to ownership/maintenance of the roadway which is located on the campus and utilized only by Bethel students and faculty. Hansen moved, seconded by Growe, that Council approve Case #89-05, the Site Plan Review for a Temporary Building on the Bethel College Campus, as described on the application, to be removed in October 1994. Motion carried unanimously. (5-0) . Minutes of the Arden Hills Regular Council Meeting, May 8, 1989 Page 4 TEMPORARY PERMIT; SATELLITE ANTENNA, 8 PINE TREE DRIVE, FARMERS INSURANCE Council was referred to the Planner's report of 5-8-89, relative to the request for a temporary permit for an antenna dish at 8 Pine Tree Drive, Farmers Insurance Group. . Bergly explained the applicant was unaware of the Ordinance requirement that allows "Miscellaneous Towers" in a B-2 District by Special Use Permit. He stated the Farmers Insurance Group has moved into the building at 8 Pine Tree Drive and requires the antenna to operate their business. Bergly advised the applicant has submitted the necessary application, however, the matter will not be schedule for public hearing on the planning agenda until June. He explained the Council has taken similar action on a request at Lexington and County Road F approximately one year ago. The Planner noted the City has the opportunity to view the structure actually in place. He explained the approval would be for one month and the applicant has advised the antenna is movable on the roof and completely removable from the site within 24 hours. Council was shown an aerial view of the building and the Planner noted the dish is not visible except from a 700 ft. distance. Hansen moved, seconded by Malone, that Council approve the Temporary Special Use Permit for Farmers Insurance Group at 8 Pine Tree Drive, with the following stipulations: ~ 1. Approval at this time does not bind the Council on subsequent action regarding this request. 2. The temporary permit will expire within 24 hours after the Council meeting of June 12, 1989, and if approval is not granted the antenna will be removed within 24 hours. 3. The Planner and staff will review the location of the antenna and recommend to the applicant a position to be the least obtrusive to residential properties to the south. Motion carried unanimously. (5-0) STATUS RPT.; TIF PROGRAM Planner Bergly reported on the status of the TIF program; Financial Consultant Casserly advised the public hearing notice and parcel identification numbers are prepared and ready for submission to Council at the 5-30-89 meeting. information will be ENVIRONMENTAL AUDIT; KEM MILLING SITE Clerk Administrator Berger introduced Darrell Oman and Paul Goudreault of Delta Environmental Consultants, Inc., who were present to report on Phase I of the audit. . Darrell Oman referred Council to a site map and a summary of environmental concerns identified while conducting Phase I of the audit. Oman explained the concerns listed, in his opinion, are areas of potential risk; the main concern is are petroleum storage and dispensing systems. Other concerns addressed are the asbestos insulation, plant operation chemicals, wells on the property, and general condition of the plant and grounds. Paul Goudreault explained that Delta Environmental is recommending the City proceed with Phase II of the audit; he stated the second phase would include soil borings and laboratory analysis of the borings on and off site. He noted the primary concern would be the underground storage tanks and the second phase will also provide a clearer picture of the magnitude of contamination, potential for long-term liability and an estimate of the costs for clean up of the site. Mayor Sather questioned if phase II could be completed with the time-frame outlined in the purchase agreement. Oman advised he had discussed the time restraints with the Clerk Administrator; he explained it takes approximately 4 to 6 weeks to obtain and process the information. . Minutes of the Arden Hills Regular Council Meeting, May 8, 1989 Page 5 AUDIT (Cont'd) The Clerk Administrator explained he has had discussions with the Acting City Attorney and identified three Council in the event the data from phase II is not received time-frame: options available to within the scheduled . 1. Council could terminate and renegotiate the purchase agreement. 2. An extension of the date of completing the audit and the closing date, without terminating the agreement, could be negotiated; the City would still retain the right to terminate. 3. The purchase agreement could be amended so that Darling, Inc. is responsible for all soil contamination and correction costs. Berger explained he and Filla had contacted Rolfe Warden, Attorney for Darling, Inc.; Warden requested nothing be done at this time and a copy of the audit be forwarded for his review. Paul Goudreault stated it would be approximately 4 to 6 weeks before phase II data would be returned to Council. Hansen moved, seconded by Malone, to direct staff to negotiate an extension of the date of termination of the purchase agreement to June 19, 1989, based on the findings in Phase I of the audit. Council discussed proceeding with phase II of the environmental audit and options available for pursuing purchase of the site. ~ Motion and second were withdrawn. Malone moved, seconded by Growe, that Council authorize the Attorney to amend the purchase agreement with Kern Milling to allow an additional six weeks to the date of termination for receipt of Phase II of the Environmental Audit and that the six week period to commence on the day on which the amendment is added to the purchase agreement. Motion carried unanimously. (5-0) Malone moved, seconded by Growe, that Council authorize staff to enter into an agreement with Delta Environmental to provide Phase II of the Environmental Audit upon execution of the amended purchase agreement which delays the date of termination six weeks, authorize funds not to exceed $15,000.00 for Phase II of the audit, and advise Delta representatives that any additional procedures or expenditures would require Council approval. Motion carried unanimously. (5-0) OFFICE HOURS; CITY HALL Council was referred to the Clerk Administrator's report dated 5-5-89, requesting a change in the City Hall office hours from 8:00 a.m. to 4:30 p.m. Monday thru Friday. . Hansen moved, seconded by Malone, that Council approve the recommendation from Clerk Administrator Berger to set City Hall Office Hours as 8:00 a.m. to 4:30 p.m., Monday through Friday, effective Monday, May 22, 1989, and to direct staff to publish the hours in the New Brighton Bulletin 5-17-89 and the next issue of the Town Crier. Motion carried unanimously. (5-0) SET PUBLIC HRG; OAK AVE. IMPRVMT. Malone moved, seconded by Hansen, that Council schedule a Public Hearing for Tuesday, May 30, 1989, at 7:30 p.m. regarding the Storm Sewer Improvement No. ST-89-02, and direct staff to publish a notice of hearing in the New Brighton Bulletin. Motion carried unanimously. (5-0) AMM DELEGATE Clerk Administrator Berger reported that the Association of Metropolitan Municipalities has requested Council appoint a delegate and alternate to serve as AMM representatives for the City. Council concurred to appoint Councilmembers Thomas Mahowald as delegate and Growe as alternate representatives to AMM. COUNCIL COMMENTS . ODOR HOTLINE Councilmember Hansen questioned if the odor Hot-line phone number would be available to the public; the Clerk Administrator stated the number will be published for public use. .' . . . . Minutes of the Arden Hills Regular Council Meeting, May 8, 1989 Page 6 KEM MILLING SITE Councilmember Hansen discussed the letter sent to Kem Milling relative to securing their site; she questioned if measures were being taken to prevent further occurrences. Berger advised Tim Guzek of Kem Milling had reported a break-in at the plant and stated he would take measures to insure the building is secured. HAZARDOUS MATERIAL RESPONSE TEAM Councilmember Malone reported on the Hazardous Materials Meeting at the Lake Johanna Fire Station; the meeting was for the purpose of formulating a response to requirements mandated by OSHA for designating and training response teams to handle hazardous materials incidents. Malone explained the LJVFD has joined with the cities of Roseville and New Brighton to establish a hazardous response team; he noted regulations require that firefighters be trained at three levels and the training is expensive. Councilmember Malone advised Council the training costs would be split among the three cities and New Brighton has donated a response vehicle which will be located at Station #1; the vehicle will require equipment and the costs will be shared between the three cities (approximately $6,000.00). He noted the LJVFD has budgeted approximately $6,000.00 for hazardous material training in 1989 and will include training funds in subsequent budgets. Malone recommended that Council support the training program drafted by the LJVFD and suggested staff prepare a resolution in support of their efforts and help fund the program to comply with OSHA requirements to provide training for a hazardous materials response team. He stated the training program proposed is good and shares resources. Councilmember Hansen questioned if Ramsey County would be forming response teams; she commended the personnel volunteering to serve on the response team. Malone stated the County will not form teams, however, some personnel training may be offered. Council concurred to direct staff to prepare a resolution in support of the LJVFD plan, training and funding for a hazardous materials response team to comply with OSHA regulations for Council review and approval at a future meeting. MISC; WKSESSION ATTY. INTERVIEWS Administrator was Council discussed scheduling the attorney interviews the 5-15-89 worksession; it was determined that the interviews be 15 minutes in length and the Clerk directed to contact the candidates with the schedule. at ENGINEER APPTMT. Council discussed processing the Requests for Proposals from engineering firms; it was determined the Clerk Administrator would review the RFPs and establish a timetable for Council review at a future meeting. ADJOURN Hansen moved, seconded by Growe, that the meeting be adjourned at 9:10 p.m. Gar~~er ~ Clerk Administrator NOTICE OF MEETINGS The next Regular Council Meeting will be held on Tuesday, May 30, 1989, at 7:30 p.m., at the City Hall.