HomeMy WebLinkAboutCC 10-10-1988
NlkJTES OF THE ARDEN HILLS REGULAR COUNGIL MEETING ~~J
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Monday, October 10, 1988, 7:30 p.m. - Village Hallii,;,;,C n-:L:'_,::;s no, \.:[;,;i1",'.o;.,',(".." ,.., Co ,- /
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CALL TO ORDER Pursuant to due call and notice thereof, Mayor Woodburn
called the meeting to order at 7:30 p.m.
ROLL CALL The roil being called the following members were present:
Mayor Robert Woodburn, Councilmembers Gary Peck, Thomas
. Sather and Jeanne Winiecki. Absent: Councilmember Nancy Hansen. Also present:
Planner John Bergly, Public Works Supervisor Robert Raddatz, Clerk Administrator
Gary Berger and Deputy Clerk Catherine Iago.
APPROVE MINUTES Peck moved, seconded by Winiecki, that Council approve
the minutes of the September 26, 1988 Regular Council
Meeting as submitted. Motion carried unanimously. (4-0)
BUSINESS FROM FLOOR None.
CASE #88-09; FINAL Council was referred to Planner Bergly's report of
PLAT, VALENTINE 10-5-88 relative to the Final Plat, Valentine Hills #2,
HILLS #2, DNISTRAN submitted by applicant David Dnistran.
Bergly explained the final plat is identical to the preliminary plat approved by
the Council on 6-13-88. He referred Council to the topography map which shows
existing grading on the site and identifies by use of a green line the 902.4
contour that is the 100 year flood elevation and shows the area as an easement.
Bergly reviewed "Restricted Convenant" document which prohibits homeowners from
further construction or fill in the restricted area identified on the map.
. The Planner advised the Planning Commission had recommended approval of the final plat
at their meeting held 10-5-88, subject to the Attorney's review and approval of
the restrictive convenant document and title information and applicant's
execution and recording of the final plat within 60 days after the date of
Council approval. He noted the Engineer had submitted a letter dated 10-4-88
approving the grading plan and restricted convenant areas.
Bergly explained the Commission had expressed concerns relative to the language
in the "Restricted Convenant" document and requested the Attorney address the
following concerns:
1. Item 4, page 2: Relates to permitted filling on the lots; the last
sentence states "...such filling shall be limited to the non-restricted
area of the lot." Commission suggested filling shQuld alsQ be subject
to standard City Zoning CQde regulations regarding fill and excavation.
2, Item 6, page 3: Relates tQ covenants prQviding benefits tQ each other lot
within the subdivision. Commission suggested a clause could be added tQ
include Qther lots that may be affected by the wetland.
3. Item 8, page 3: Relates tQ limited enforcement by injunctive remedy.
Commission was of the opiniQn there may be other remedies which would be
applicable and shQuld not be limited to injunctive remedies.
. 4. Item 9, page 3: Relates to liability Qf fee Qwners. CommissiQn questioned
whether the liability of actions of previous Qwners shQuld cease when the
lQt is sold; the liability does not transfer from owner to Qwner but
remains with the land.
Bergly stated the CQmmission requested the Village Attorney review these fQur
items particularly and work with the developer's attorney to draft language which
addresses the concerns.
Council questioned if the CommissiQn requested the dQcument be returned to them
after the AttQrney's review; Bergly advised it was his opiniQn the CommissiQn did
nQt want the document returned to them only to have the Attorney review their
concerns~
Council discussed reviewing the restrictive document at a future meeting in the
event the Village Attorney and developer's attorney cannQt agree on the language
changes related to Planning CommissiQn items of concern.
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Minutes of the Arden Hills Regular Council Meeting, October 10, 1988
Page :<
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CASE 1188-09 (Cont'd) Sather moved, seconded by Winiecki, that Council approve
Case 1188-09, Final Plat, Valentine Hills #2, David
Dnistran, subject to the following conditions:
1- The Village Attorney's review and approval of the title information and
restrictive covenants. .
2. The applicant's execution of the plat and recording with Ramsey County
within 60 days after final Council and City Attorney's approval.
In discussion, Councilmember Sather stated the intent of the motion was to
provide for further Council review in the event the City Attorney does not find
the restrictive covenant and title documents acceptable.
Motion carried unanimously. (4-0)
DRAFT ZONING ORD. Council was referred to Planning Commission minutes
AMENDMENT; SET 10-5-88, relative to the draft of the Zoning Ordinance
PUBLIC HEARING amendment which pertains to the Gateway Business District
in conjunction with the 1-694/35W Land Study,
Bergly advised the Planning Commission had review the draft of the ordinance and
recommended Council set a public hearing date on November 2, which is the next
regular Planning Commission meeting. He advised the Commission recommended a
public hearing be held the same date relative to an amendment to the Arden Hills
comprehensive Development Plan.
The Planner explained the Commission expressed concerns relative to landscaping .
costs and the traffic study; both items are being reviewed and will be clarified
prior to the public hearing date.
Winiecki moved, seconded by Sather, that Council set a
public hearing date on November 2, 1988, at 7:30 p.m., at the regular Planning
Commission meeting, relative to the Zoning Ordinance Amendment Providing for a
Gateway Business District and An Amendment to the Arden Hills Comprehensive
Development Plan by inclusion of the 1-694/1-35W Land Study Document. Motion
carried unanimously. (4-0)
TEMPORARY SUP; Planner Bergly reported that McGuire's Inn, 1201 West
TWO SATELLITE County Road E, had installed two (2) Satellite Dish
DISH ANTENNAS antennas in the rear parking lot. He explained the
manager of McGuire's was not aware of the fact a special
use permit was required for installation of the antennas and has since filed an
application. Bergly noted the application was not received in time for placement
On the Planning Commission agenda and thus the request for a temporary SUP was
forwarded to Council.
The Planner noted the antennas are approximately 12 to 15 ft. in diameter and are
placed next to each other behind the building. He stated the antennas are .
effectively screened by the building with the exception the east edge of.the
parking lot; the addition of a dense acre en on the east edge of the parking may
be a suggested requirement.
Moved by Sather, seconded by Peck, that Council grsnt
approval of a temporary Special Use Permit for two (2) Satellite Dish antennas at
McGuire's Inn, 1201 W. County Road E, to expire within 24 hours after the first
Council meeting held November 14, 1988, if formal council approval is not
granted. Motion carried unanimously. (4-0)
Councilmember Winiecki commented her preference would be to locate the antennas
at the rear of the property on the ground, rather than on the roof.
REQUEST VACATION Council was referred to a memorandum from the Clerk
OF EASEMENT; 1295 Administrator Berger dated 10-7-88, relative to a request
WYNCREST COURT for vacation of a drainage easement at 1295 Wyncrest
Court, Jacobsen residence.
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P~anner Bergly explained the City Engineer has reviewed the site and the easement
on the rear property line; the easement extends across lots 1 thru 9 of this
plat. Bergly stated it is his understanding the drainage flows down the easement
from lot 2 across lot 8, at which point it is intercepted by a storm sewer
culvert that runs from the easement to a etorm seWer located in the street,
. Bergly stated the City Engineer has advised there appears to be no problem with
vacating the portion of the easement as requested by the Jacobsens. He stated the
Rice Creek Watershed District was contacted and advised they have no jurisdiction
over the drainage easement as it is a City easement; a letter will be forwarded
to the City.
Council questioned if lots 1 thru 8 would be requesting vacation of the easement.
Bergly stated the easement would be required across those properties to the
culvert; the natural drainage pattern flows that direction.
Bergly recommended 10 ft. of the 25 ft. easement be retained by the City for
maintenance of utilities; the purposes of the Jacobsens request would still be
met with the retention of the 10 ft. easement.
The Planner advised a public hearing on this matter is required and requested
Council determine a date for the hearing.
Winiecki moved, seconded by Peck, that Council set a
public hearing at the next Regular Council meeting, relative to the requested
. Vacation of 15 ft. of the 25 ft. drainage easement on the northern property line
at 1295 Wyncrest Court, Jacobsen residence. Motion carried unanimously. (4-0)
MINOR SITE PLAN Planner Bergly advised Council the Burger King restaurant
CHANGE; BURGER site on Lexington Avenue is proposing to construct an
KING, LEXINGTON AVE. addition to the rear of the building, approximately
10 ft. x 17 ft. He explained the enclosure would be
constructed with the same materials as the building and would appear to be a
continuation of the building.
Bergly stated a walk-in cooler would be moved from the interior of the building
and relocated to the enclosure; access would be gained only from the interior of
the building. He explained the interior seating capacity would not be increased
and the area original planned for the walk-in cooler would be used for dry
storage.
The Planner explained the Zoning Administrator had determined the proposed
addition is a minor plan change and does not require an amendment to the SUP;
this matter was presented to Planning Commission and Council for informational
purposes.
REPORT OF CLERK ADMINISTRATOR
. PUBLIC HEARINGS
RES. f/88-31; DELINQ. Mayor Woodburn opened the public hearing on the Special
SEW/WTR ACCOUNTS Assessments for Delinquent Sewer and Water Accounts at
8:00 p.m. Clerk Administrator Berger verified
publication of Notice of Hearing in the New Brighton Bulletin on September 28,
1988, and mailing to individual property owners the same date.
Mayor Woodburn asked for questions or comments from the floor; none received.
The Public Hearing was closed at 8:05 p.m.
Winiecki moved, seconded by Peck, that Council adopt
Resolution No. 88-31, ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS FOR DELINQUENT
SEWER AND WATER UTILITIES. Motion carried unanimously. (4-0)
RES. #88-32; Mayor Woodburn opened the public hearing at 8:07 p.m.
DISEASED TREE
REMOVAL Clerk Administrator Berger verified that the Notice of
Hearing was published in the New Brighton Bulletin on
I September 28, 1988 and mailed to individual property owners the same date.
Minutes of the Arden Hills Regular Council Meeting, October 10, 1988
Page 4
RES #88-32 (Cont'd) Mayor Woodburn asked for questions or comments from the
floor; none received,
The Public Hearing was closed at 8:10 p.m.
Peck moved, seconded by Winiecki, that Council adopt .
Resolution No. 88-32, ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS FOR DISEASED
TREE REMOVAL. Motion carried unanimously. (4-0)
RES #88-33; ROSEVILLE Mayor Woodburn opened the Public Hearing at 8:12 p.m.
WATER CONNECTION and Clerk Administrator Berger verified that the Notice
of Hearing was published in the New Brighton Bulletin
on September 28, 1988 and mailed to individual property owners the same date.
Mayor Woodburn asked for questions or comments from the floor; none received.
The Public Hearing was closed at 8:15 p.m.
Sather moved, seconded by Peck, that Council adopt
Resolution No. 88-33, ADOPTING AND CONFIRMING SPECIAL ASSESSMENTS FOR ROSEVILLE
WATER CONNECTION. Motion carried unanimously. (4-0)
ADOPT 1989 BUDGET Sather moved, seconded by Peck, that Council adopt the
1989 Budget as submitted. Motion carried unanimously.
(4-0)
RES #88-34; ADOPT Winiecki moved, seconded by Sather, that Council adopt .
SUMS MONEY TO BE Resolution No. 88-34, APPROVING SUMS OF MONEY TO BE
LEVIED FOR 1988 LEVIED FOR LEVY YEAR 1988, PAYABLE IN 1989, AND AMENDING
PAYABLE IN 1989 THE LEVY ON 1972 IMPROVEMENT BOND SERIES 2. Motion
carried unanimously. (4-0)
APPOINT ADD'L Council was referred to a memorandum from Deputy Clerk
ELECTION JUDGES Iago dated 10-7-88, requesting the appointment of
additional Election Judges for the 1988 General Election.
Sather moved, seconded by Winiecki, that Council appoint
the additional Election Judges, as outlined in the Deputy Clerk'a memorandum of
10-7-88, to serve at the 1988 General Election held November 8, 1988. Motion
carried unanimously. (4-0) -.
JT. COOPERATIVE Council was referred to a memorandum from Clerk
AGRMT & CONSULTANT Administrator Berger dated 10-7-88 requesting Council
AGREEMENT; MC GINLEY authorization to execute the Cooperative Agreement
between New Brighton and Arden Hills and the Consulting
Agreement between the two cities and Charles McGinley for odor control and
inspection services. .
Berger advised that McGinley's attorney has suggested some minor changes in the
contract relative to liability and indemnification; New Brighton's attorney did
not foresee any. problems with the changes, Berger recommended approval be
conditioned upon review and approval of Attorney Lynden,
Charles McGinley briefly reported on the rendering plants in both cities.
Councilmember Winiecki reported to Council that in discussions with the City of
New Brighton it was determined if either New Brighton or Arden Hills contact
McGinley relative to the plant in their city as outlined in Items #4 and 5 of the
Consulting Agreement the cost would be charged back to the individual city.
Council agreed that Winiecki had conveyed Council consensus.
Sather moved, seconded by Peck, that Council approve the
Joint Cooperative Agreement between the New Brighton and Arden Hills and the
Consulting Agreement for odor control, pending review and approval by the Village
Attorney. Motion carried unanimously. (4-0)
KEM MILLING Clerk Administrator Berger advised Council that Attorney
LITIGATION Lynden's assistant would be drafting the litigation
document for Council review before filing. ,
After discussion, Council concurred that the Clerk Administrator could review the
document and file the document; if any problems are noted Berger should contact
Council.
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Page 5
~ CalMS & PAYROLL Mayor Woodburn questioned the payment for camera
operation and if Council had authorized the hiring of a
camera operator.
The Clerk Administrator advised he would review the mstter and report to Council.
. Sather moved, seconded by Peck, that Council approve
Claims and Payroll as submitted. Motion carried unanimously. (4-0)
RESCHEDULE COUNCIL Sather moved, seconded by Peck, that Council cancel the
MEETING Regular Council Meeting scheduled for October 31, 1988
and reschedule the Regular Council Meeting to Monday,
October 24, 1988, at 7:30 p.m" at the Village Hall. Motion carried unanimously.
(4-0)
OTHER BUSINESS
LAND STUDY Councilmember Winiecki recommended Council review and
RECOMMENDATIONS retain the Planning Commission minutes of 10-5-88 which
outline a five point policy with reference to the Gateway
Business District at Highway I-35W/I-694; she suggested consideration of these
items at a future Council meeting.
POLITICAL SIGNS Mayor Woodburn advised he had received complaints
relative plscement and size of political campaign signs;
he recommended staff determine whether or not all political signs conform to the
. Sign Ordinance requirements.
ADJOURNMENT Sather moved, seconded by Peck, that the meeting be
adjourned at 8:35 p.m. Motion carried unanimously. (4-0)
c!a1fr1er~ ~ Robert L. Woodburn
Clerk Administrator Mayor
NOTICE OF MEETING
The next Regular Council Meeting will be held on Monday, October 24, 1988, at
7:30 p.m., at the Village Hall.
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