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HomeMy WebLinkAboutCC 03-13-1989 r I,' . . .J. . MINUTES OF THE ADEN HILLS REGULAR COUNCIL MEETING MONDAY, MARCH 13,1989 - 7:30 P.M. - CITY 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 JoAnn Growe, Nancy Hansen, Paul Malone and Thomas Mahowald. Also present: Planner John Bergly, Acting City Attorney Jerry Filla, Park Director John Buckley, Public Works Supervisor Robert Raddatz, Clerk Administrator Gary Berger and Administrative Secretary Mary Ann DeLaRosa. APPROVE MINUTES Councilmember Hansen noted that the fourth para- graph on page 1 of the February 27 minutes should read "Hansen suggested that Council...", not moved. The second sentence should then be deleted from that paragraph. Hansen moved, seconded by Malone,that the February 27 minutes be approved as amended. Motion carried. (5-0). BUSINESS FROM FLOOR None. REPORT OF PLANNER CASE NO. 89-02, Minor Subdivision Karth Lake So. Second Addition Council was referred to Planner Bergly's report of March 1 relative to the minor subdivision of Karth Lake South Second Addition, located east of Hamline at Wyncrest Court. Bergly displayed a map showing the proposed subdivision and lot combination and reviewed a previous request by the applicant, Marcel Eibensteiner, for a lot split and consolidation in this area, which was denied in 1983 by the Planning Commission, due to the creation of an irregular lot shape in the proposal. Bergly noted that the current proposal envisions lot width and depth variances on Lots 1 and 5 and the subdivision ordinance specifies that a minor subdivision may not contain variances. The owners of Lot 9, Mr. and Mrs. Brad Jacobsen, 1295 Wyncrest Court, were present and expressed concern over the triangular portion of their lot which is proposed to be included in the plat, as part of an easement for access to the rear portion of the lot northeasterly of Lot 9, which is owned by Mr. Thomas Goserud, 4350 Hamline Avenue. Planner Bergly advised that the Planning Commission recommended approval of this request as a simple subdivision at their March 1 meeting. He felt the City engineer should take a look at the drainage swale that runs across Lots 1, 3, 4, and 5. Bergly also noted that two lots would be involved with a park dedication requirement for this plat. Councilmember Hansen asked if the 194 foot lot depth for Lot 1 includes the 33 foot right-of-way on Hamline. Bergly indicated that the right-of-way is not included in the 194 feet. Councilmember Mahowald noted that the property owners to the east of the site were not notified of the pn.posal. He felt they:should have been advised of this request and added that. the zoning ordinance does not require a public hearing for a minor subdivision, but it was his opinion that staff should re-examine the notification procedures. Marcel Eibensteiner, developer of the property, was present and stated he had a 10 year option agreement for this parcel and for the square footage for Lot 9. He noted that the property owners are not sure where they stand on this matter and if he can use his option, he could give the property back as an easement to the homeowners. He only needs the frontage for the lot width. Mr. Thomas Goserud, owner of the lot north of Lot 9, indicated he has no plans for future development of his lot, but he does not want it landlocked. Mr. Eibensteiner stated he would not favor an easement along the easterly edge of Lot 5, when Mr. Goserud could have access to the rear of his lot from Hamline Avenue. Acting City Attorney Jerry Filla asked if this project would be treated as a plat with hardshell copies? Mr. Eibensteiner indicated that was his March 13, 1989 Council Minutes, Page Two ~ intent. Filla described the differences between platting, a registered land survey, and metes and bounds. He suggested that if the developer was going to pursue this as a plat. a public hearing should be held, as indicated by Councilmember Mahowald. Mr. Eibensteiner stated he could file the plat without the triangular piece of property from Lot 9 and that he would have no problem if the homeowners did not want to sell it. Councilmember Hansen said she would have a hard time considering the back portion of Mr. Goserud's property as a lot and she would not be in favor of considering it as a separate lot, since it does not have street frontage. She noted she would like to see Mr. Eibensteiner plat the property without taking the triangular piece of land from Lot 9 if possible. . Councilmember Mahowald moved to recommend approval of the minor subdivision of Karth Lake South Second addition with the following conditions: 1. No variances be allowed and the plat be modified to conform with Ordinance requirements. 2. The front yard setback for Lot 1 be established at 60 feet, rather than 40 feet. 3. Approval by the City Engineer of utility easements, site grading and drainage easement in respect to the surface drainage from the rear of Lots 3, 4 and 5. 4. The park dedication requirement for two lots be fulfilled along with issuance of building permits. ~ 5. The triangular portion of Lot 9 attempt to be resolved by staff to meet Ordinance requirements. Councilmember Malone seconded the motion. (5-0). Motion carried. Mr. Thomas Goserud asked that the Council go back to look at the original plat. He felt that for the Council to say the rear portion of his property is not a lot is not appropriate. Mayor Sather reminded Mr. Goserud that there is no street access and that is one of the requirements of a City lot. CELLULAR ONE Planner Bergly reviewed the landscape plans for Cellular LANDSCAPE PLANS One, who is requesting approval to install an antennae on the City's water tower. As noted in his report dated March 13, Cellular One will require an easement to enter the site from the east, which would be across a 42 foot wide strip of land owned by Control Data. The applicant will also need easements across Control Data's parking lot drives to the south and east. He noted the only City street ~ access to the water tower site is on Fernwood from the south, abutting the west property line and extending for a 33 foot half street along the westerly property line. The building is proposed to be 12'x28' and 11 feet high, of pre-cast concrete panels with a washed rock finish, surrounded by a six foot high chain link fence. Cellular One proposes to plant six foot tall evergreens as a screen. Bergly recommended a double row of evergreens and noted that the six foot tall plantings won't effectively screen the building for a number of years. Mr. Bryan Rogers, representative from Cellular One, was present, and noted that the lease agreement could address the trees. Councilmember Malone indicated that the building should be screened right from the start. Councilmember Mahowald noted that he asked Mr. Rogers to consider planting 11 foot tall trees to screen the building. After further discussion, it was Council concensus to direct Acting City Attorney Filla to prepare a lease agreement with Cellular One after Control Data grants Cellular One an access easement. Councilmember Hansen moved to approve the site plan as outlined, subject to planting larger diameter trees of at least 10 feet on the north boundary to provide effective screening of the building from adjacent residential properties, and subject to access being obtained from Control Data. Councilmember Mahowald seconded the motion. (5-0). Motion carried. ~ March 13, 1989 Council Minutes, Page Three SIGN REGULATIONS Planner Bergly advised the Council that he felt there is no need to change the sign Ordinance at this time, since there were only three businesses that would be affected by this, outside of the Gateway Business District. He felt it would be unfair to those businesses that were grandfathered in, or were granted variances due to unusual characteristics. He recommended leaving the sign ordinance as is. . Councilmember Malone noted that Naegele has a moving sign on 694 and asked Mr. Bergly to check the ordinance to see if this type of sign is allowed. CELLULAR ONE LEASE AGMT. Acting City Attorney Filla questioned if Cellular One's plan would need to be approved by a Special Use Permit. He stated the Council could consider this as an electronic tower which would require a SOP. In his report dated March 10, Mr. Fil1a noted that the SUP process would provide the City with comments from adjoining property owners who could be affected by the telephone company radio transmissions. Mr. Filla also pointed out that the way the lease agreement is currently written, the applicant could sublet to other users. He felt the applicant should address this issue and structure the lease to reflect this. . Mr. Rogers stated Cellular Olle does not intend to allow use of the water tower for other uses. He stated the subleasing is based on six cel1ular antennas, plus two satellite microwave dishes. He suggested the rent be $500 per month and when the lIeed for the additional dishes arises, the rent could be $50 per satellite dish, bringing the total rent to $600 per month. He also stated the only other possible sublessee would be an associated company of McCaw Corporation. Mayor Sather felt that the lease agreement should be prepared by Attorney Filla in conjunction with Cellular One. This should be accomplished by the March 27 Council meeting. Attorney Filla noted that specific questions need to be answered, especially concerning definition of easements, maintenance of building and land, tax implications imposed by the State, which should be passed on to the tenant, or possible repairs to the tower (City should incur no expense if they have to move the tenant's equipment or for their down time). Councilmember MaIone asked what would happen if Cellular One files for bankruptcy. Filla responded that perhaps the agreement should not make the lease assignable without prior Council consent. Filla also noted that the rental rate increase can't be more than 20% of the 1989 base rate, which may be something the Council should consider. Councilmember Mahowald concurred with Attorney Filla's comments and concerns. . Council concensus was that the lease agreement with Cellular One should be handled by Acting City Attorney Jerry Filla. . Council was referred to a letter from Attorney Filla dated March 13, wherein Mr. Filla noted several concerns with the proposed purchase agreement for the Kern Milling property. He advised the Council that Bob Johnson, attorney for Kern Milling, had not seen Resolution' No. 89-14, which the City Council adopted on February 27, and that his client had objections to portions of the Resolution. Mr. Johnson had submitted a proposed purchase agreement and the offer was good until March 20, 1989. Mr. Filla advised Mr. Johnson that the City would need a reasonable amount of time to work things out in the purchase agreement. Filla expressed concern with the ern.ironmental audit and who would pay the cost 01 it, as well as the cost of conforming to the requirements found in the audit, and with the development district. Filla noted that if the audit indicates soil problems, the City could get out of the purchase, but who would pay for the audit, which could run to $5000 or $10,000. Filla said if the City purchases the site, they would be required to clean it up before they could sell it to a developer, which could be very expensive. Mr. Filla suggested that it would be appropriate for him to go back to Kern Milling and go through the agreement with Mr. Johnson to express legitimate City concerns that should be addressed in the purchase agreffinent. Mayor Sather noted that there is a Council work session scheduled for March 20. and this could be discussed at that time. Mayor Sather also felt the City should pay for the audit. Councilmember Mahowald suggested the cost be split with Kem Milling. KEM MILLING PURCHASE AGMT. March 13, 1989 Council Minutes, Page Four Mayor Sather directed Acting City Attorney Filla to work with Kern Milling's attorney, Robert Johnson, to pursue the City's best interests. Mayor Sather also thanked Mr. Filla for his services at the meeting. SPRING PARK PROGRAM Councilmember Malone moved, seconded by Councilmember Mahowald, to approve the spring park program as presented. (5-0). Motion carried. . SHADE TREE PROGRAM Councilmember Hansen moved, seconded by Councilmember Growe, to approve the 1989 Shade Tree Program as outlined in Park Director Buckley's memo dated March 9, with bids to be submitted to the New Brighton Bulletin and the Construction Bulletin on March 22 and 29, with bids being opened on April 4, and bid award on April 10. (5-0). Motion carried. Park Director Buckley updated the Council on the status of the Arsenal athletic field resolutions submitted to the other cities involved. He also reviewed the proposed trail improvements. STREET SWEEPING Public Works Supervisor Raddatz informed Council that he would be soliciting bids for street sweeping the same as last year. He noted that previous bids were about $6,500 for street sweeping on a contract basis. Raddatz advised the Council that he has considered leasing a sweeper from Mcqueen Equipment over a three year period, with the sweeper belonging to the City after the lease was up. Mcqueen's price on a seven year old sweeper is $32,000, with a $10,000 lease payment in the first year, and $11,000 each of the next two years. He noted that $6,500 was budgeted for street sweeping this year and the monies for the additional $4,500 could be found elsewhere. . Councilmember Hansen asked if money would be needed for maintenance on the sweeper. Raddatz indicated that the first year lease includes maintenance, so no money would be needed for maintenance until 1990. He also noted there would be no shortage of manpower as it probably would take 120 hours for one run through the City if public works crews did it themselves. Later in the year, they could spot sweep areas as needed. Councilmember Hansen also asked if there would be any conflict with job descriptions or if anyone would object to running the sweeper. Raddatz noted the crew felt it would be good to have their own sweeper and three men have expressed an interest in operating it. Mayor Sather felt this matter should oe discussed at the March 20 work session and be resolved on March 27. Councilmember Malone moved to hold hold off on advertising for bids until after the March 27 Council meeting. Councilmember Mahowald seconded the motion. (5-0). Motion carried. Councilmember Mahowald asked if staff could provide a one or two paragraph background on their memorandums on past City practices, to enlighten the more recent Council members as to the history of various topics. . SEWER ODOR Councilmember Hansen discussed the sewer odor problem at the George Sawtell household at 3645 Hamline Avenue, which has been occurring for the past 2 1/2 years or more. Public Works Supervisor Raddatz informed the Council that the residents have been experiencing a smell like rotten eggs which comes in through their sewer vent and the sewer line has been televised. MPCA has looked at it. MWCC has looked at it, and no one has an answer as to what causes the odor or how to alleviate it. Councilmember Malone suggested venting the end of the line out of the manhole as a possible solution. Clerk Administrator Berger suggested SEH look at this problem and stated he will contact Barry Peters to have him determine corrective action and any associated costs. Councilmember Hansen pointed out that this is not a neglected problem, just that no one seems to have a solution. Mayor Sather directed Raddatz, Berger, and Peters to visit the site and resolve this problem prior to April 1, 1989. Councilmember Hansen also stated that the Lake Johanna Beach lift station was very foul smelling last Saturday. Raddatz said they could use deodorizers in the lift stations themselves, but they are very costly. . LIGHT BRIGADE Councilmember Hansen moved, seconded by Councilmember Malone, to approve the charitable gambling license to the Light Brigade. Inc., waiving the 60 day waiting period, as recommended by " March 13, 1989 Council Minutes, Page Five City staff. (5-0). Motion carried. . Council was referred to a memo from Clerk Administrator Berger dated March 9, wherein he advised the Council of a proposed letter to be sent to various law firms requesting proposals from them to be appointed as City Attorney to replace James Lynden. Councilmember Hansen felt that Kathleen Rauenhorst should be sent a RFP. Councilmember Mahowald felt the letter should be circulated as widely as possible. RFP, CITY ATTORNEY Counci1member Malone moved to approve sending the RFP to the firms listed in Berger's memo as well as to any other firms requesting an RFP. Councilmember Mahowald seconded the motion. (5-0). Motion carried. FULL-TIME RECEPTIONIST Council acknowledged receipt of a memo from Clerk Administrator Berger relative to establishing a full- time receptionist position. Berger stated his rationale for establishing this position, and.noted the associated costs as well as the unanticipated revenue for 1989, .which' could be used in part to fund the position for 1989. He went on to advise Council on how City staff time could be better utilized with a full-time receptionist on board. . Councilmember Malone felt there was too much speculation on the need for a full-time receptionist and Councilmember Hansen concurred; she felt that there may be savings this year, but that in future years, where would the additional monies come from. She noted that there is a good possibility of a $5,000 expenditure upcoming with the environmental audit in connection with Kem Milling, and she couldn't justify creating this position as a full-time position at this time. She felt that staff can't keep adding help until the City decides what they really need and until a personnel ordinance is in place. Previously in the meeting, Councilmember Hansen asked Attorney Filla if the current part-time receptionist would have to apply for the full-time position. Filla responded that generally a current employee does not have a vested right to a full-time job. He noted that the City may have to post the position. Clerk Administrator Berger stated that he would contact Karen Olsen, Labor Relations consultant, on this matter since it was not addressed in the City's ordinance. Berger also felt the need to comply with Affirmative Action in advertising for the position. Councilmember Hansen moved to deny the current request for a full-time receptionist and to leave the position at the current 25 hours per week. Councilmember Malone seconded the motion. tAyes-2, Nays-3, Growe, Mahowald, Sather). Motion failed. . Councilmember Mahowald moved to approve the full-time receptionist position as recommended in Berger's memo dated March 8, 1989, with a starting salary of $7.15 per hour, starting on April 1 or as soon thereafter as possible. Councilmember Growe seconded the motion. (Ayes~3, Nays-2, Hansen, Malone). Motion passed 3-2. MINN. OVAL Councilmember Hansen moved adoption of Resolution No. 89-15, "RESOLUTION OF SUPPORT FOR DEVELOPMENT OF MINNESOTA OVAL", as requested by the City 'of Roseville. Councilmember Growe seconded the motion. (5-0). Motion carried. FINANCIAL CONSULTANT Council acknowledged receipt of a memo from Administrator Berger dated March 9, relative to selection of a financial consultant. B~rger reviewed the Finance Committee's recommendations and suggested that the top three firms be scheduled for interviews with the City Council. Councilmember Hansen stated her top three choices were the same as the Finance Committee's recommendation, but not necessarily in the same order. She would consider talking to the top 2 or 3. Councilmember Malone agreed with the rankings and suggested sending a thank you letter to the Finance Committee for their assistance in this matter. He felt six good firms had applied, and stated Casserly would be his top choice. Councilmember Malone moved, seconded by Councilmember Growe, to appoint Casserly as the City's financial consultant. . ~ March 13, 1989 Council Minutes, Page Six Councilmember Mahowald stated he was not familiar with Casserly, but was favorably impressed and he could go along with either Casserly or Juran and Moody. Administrator Berger noted that the City would have an advantage in that Casserly was an attorney and since the City does not presently have an attorney, Casserly could write resolutions and matters could move expeditiously. . Voting on the motion to appoint Casserly as the City's financial consultant: Ayes-4, Nays-I, Hansen. Motion carried 4-1. RICE CREEK RENTAL AGMT. Council was referred to a memo dated March 9, which contained a written rental agreement for Rice Creek Watershed District's use of City Council space. Councilmember Malone moved, seconded by Councilmember Growe, to approve the written rental agreement for Ri~e Creek, directing staff to forward it to Rice Creek repre~entatives for their consideration, and if approved by Rice Creek, to formally execute the agreement at the March 27 Council meeting. Councilmember Hansen expressed a problem with charging a taxing body for use of City Hall space. (4-1, Hansen). Motion carried. RESCHEDULE MTG. Councilmember Malone moved, seconded by Councilmember Hansen that the second Council meeting in May be rescheduled to Tuesday, May 30, the day after the Memorial Day holiday. (5-0). Motion carried. . LEXINGTON AVE. IMPROVEMENTS Administrator Berger reviewed the draft feasibility study as requested by Paul Kirkwold, Deputy Director of the Ramsey County Public Works Dept. The study was for improvements to Lexington Avenue from County Road G-2 to County Road J. Berger noted that Council approval would be for the draft study only, not for the water/sewer hookup of the Army Reserve Center. to Shoreview. Councilmembers Growe and Malone had no problem with the feasibility study and Council con census was to execute the draft feasibility study at this time. KVBM TOWER Council acknowledged receipt of a request from KVBM to erect a tower (landmark) in Arden Hills. Councilmember Malone noted that the Planning Commission considered this request at their February 1st meeting and had no interest in allowing the tower in the City. He noted that KVBM was very close to making a deal with Little Canada for erection of a tower there. Staff was directed to advise KVBM that the City Council is not interested in having them erect a tower in Arden Hills. . CLAIMS & PAYROLL Councilmember Malone moved. seconded by Councilmember Hansen, that the claims and payroll be approved as sub- mitted. (5-0). Motion carried. OTHER BUSINESS Mayor Sather thanked the Council and staff for attending the teambuilding session this past weekend. Councilmember Malone felt the session was very su~cessful with the facilitator and felt it could not have been as good without a facilitator. Councilmember Mahowald felt a thank you letter should be sent to facilitator Jim Brimeyer. Councilmember Hansen noted that she would not be able to attend the Public Safety/Works Committee meeting on March 16, and that Councilmember Malone would fill in for her. She also noted the Ramsey County League meeting on March IS, which she felt would be important for Council to attend, since recycling issues would be discussed. Councilmember Hansen also asked if McGuire's Inn had applied for a permit to erect a tent for St. Patrick's Day. Clerk Administrator Berger said he would call McGuire's and ask if they intended to have a tent this year. . . ~ . . March 13, 1989 Council Minutes, Page Seven Mayor Sather reminded the Council of the work session planned for Monday, March 20, from 4:30 to 6:30 P.M. Councilmember Malone moved to schedule a work session on March 20, beginning at 4:30 P.M. at City Hall. Councilmember Growe seconded the motion. (4-0) Abstain: 1, Hansen, noting she would not be present for the work session. Councilmember Hansen noted that she had a list of eight topics she would like discussed and added that Councilmember Malone can address them in her absence. Council was directed to contact Mayor Sather or City staff if they had any particular items they would like to discuss. ADJOURN There being no further business to come before the Council, Councilmember Malone moved, seconded by Councilmember the meeting be adjourned at 10:24 P.M. (5-0). Motion Growe, that carried. ~ !2 ~/) Gary . Berger Clerk Administrator ~M a!// Thomas R. Sather Mayor NOTICE OF MEETING The next regular Council meeting will be held on Monday, March 27, 1989, at 7:30 P.M., at City Hall. ," , "