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HomeMy WebLinkAboutCC 07-11-1988 '. ~ - . - ~MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING Monday, July 11, 1988, 7:30 p.m. - Village Hall 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 roll being called the following members were present: Mayor Robert Woodburn, Councilmembers Nancy Hansen, Gary Peck and Jeanne Winiecki. Absent: Councilmember Thomas Sather. Also present: Planner John Bergly, Engineer Barry Peters, Treasurer Frank Green, Park Director John Buckley, Public Works Supervisor Robert Raddatz, Acting Clerk Administrator Charlotte McNiesh and Deputy Clerk Catherine Iago. APPROVE MINUTES Mayor Woodburn suggested a language correction on page 3 of the June 27th Regular Council Meeting minutes, under the WATER TOWER heading: A period should be placed after the word "level" and a new sentence should be added as follows: "Roseville cannot put the water tower at the overflow level due to the water shortage." Hansen moved, seconded by Peck, that Council approve the minutes of the June 27 Regular Council Meeting as corrected and the July 2 Special Council Meeting as submitted. Motion carried unanimously. (4-0) BUSINESS FROM FLOOR None. REPORT OF PLANNER CASE #88-19; VAR. LANDSCAPED AREA, 3755 DUNLAP ST., Council was referred to the Planner's memorandum dated 7-6-88 relative to the application for a variance from minimum landscape area requirements. Planner Bergly explained the applicant is proposing to expand the storage yard at the rear of the garage building 20 ft. into the existing parking area and to add an equivalent area for parking on the east end of the present parking lot. He stated the site is located in an industrial area that evidently was developed prior to the adoption of the current zoning ordinance standards. The landscaped area on this parcel is currently 16.9% of the site and with the proposed parking area expansion the landscaped area would be reduced to 14.2% of the site. Bergly stated front yard setbacks in the area generally conform with current requirements, however, parking setback and landscaped areas are far below the minimum required. He eXplained the proposal by Northwestern Bell would be in compliance with existing development in this area and the intent of the zoning ordinance is to maintain a general uniformity of development in the various districts. He stated it is extremely unlikely that changes in this area will ever occur that would bring the predominate nature of the area into ordinance conformity. The Planner noted the applicant is proposing to maintain the required 20 ft. front yard for parking setback and the variance would not cause the subject property to be out of character with surrounding development. Council was referred to the Board of Appeals minutes of 6-16-88 and the Planning Commission minutes of 7-6-88 recommending approval of the variance as requested. Bergly advised the Planning Commission had discussed the possibility of reducing the number of parking spaces and eliminating the extension of the bituminous surface. He explained the applicant had indicated the four parking spaces were necessary. The Planner stated the existing landscaping in the front of the parking area will not be disturbed by construction and should provide sufficient screening. Councilmember Hansen noted both Planning Commission and Board of Appeals had recommended approval of the application, however, she expressed concern that granting variances in non-conforming areas of Village will hamper the upgrading of such areas when a redevelopment program is initiated in the Village. Planner Bergly referred Council to Item #5 in his report dated 7-6-88; he pointed out this area of the Village is fully developed and stated he assumes the area will not redevelop for a number of years. Bergly explained the variance would not diminish the overall appearance of the industrial district and that it is highly unlikely redevelopment would meet current standards. . , . , ;Minutes of the Arden Hills Regular Council Meeting, July 11, 1988. Page 2 CASE #88-19 (Cont'd) Mayor Woodurn agreed with Hansen that standards are low in the area and he did not favor making the situation worse; he expressed concern that a lower standard would be established for the area. He pointed out that a new development recently approved in the same area requested no variances. Winiecki agreed with both Woodburn and ~ansen; she reported the representative for Northwestern Bell had discussed st9xage problems on the site and had indicated the applicant may be seeking a new site for this business due to storage problems. She did not favor granting the variance and stated it did not make sense to grant the variance if there was a possibility the use of the site would change. Mayor Woodburn stated the storage on site does not meet the screening requirements of the ordinance. Bergly advised the Planning Commission had expressed the same oplnlon that the variance would extend the non-conformity and would not enhance the area. Peck stated he did not favor losing a business in Arden Hills because of a minor variance request, however, he pointed out that Council had recently denied a similar request in the area and it was the responsibility of Council to extend fair treatment to all businesses in the City. Winiecki stated it was unfortunate the applicant was not present to discuss the reason the dumpsters on the site were not screened; it was her opinion the site is currently asthetically abusive to the area. She also noted the fence should be made of a screening type material. Winiecki stated if the appearance of the site were improved the request for four parking spaces may not be considered as futher deterioration of the site. Hansen suggested the possibility of reducing the number of parking spaces to two and advising the applicant to move the dumpsters that are currently utlizing approximately 2 parking spaces which would slightly increase the green space on site. Bergly advised that may be a reasonable compromise and may eliminate the parking problem. Mayor Woodburn stated it may hamper the movement of vehicles in the storage area if the dumpsters were moved into the fenced area. Winiecki moved, seconded by Peck, that Council deny the variance request Case No. 88-19, for four (4) parking spaces and from minimum landscaped area requirements as submitted by Northwestern Bell Telephone Company. Motion carried unanimously. (4-0) Hansen moved, seconded by Peck, that Council approve the application for a variance from Northwestern Bell Telephone Company, allowing for only two (2) parking spaces in the front portion of the building. In discussion, Councilmemb.er Winiecki stated she had intentionally not addressed the issue of allowing only two in order to provide Northwestern Bell the opportunity to submit an application for only two spaces after they had accomplished moving the dumpsters behind the fenced area and a clean-up of the site. Hansen suggested the motion could include the stipulation that the dumpsters, sand and trailers would have to be moved behind the fenced area upon completion of the parking lot. Mayor Woodburn stated the Zoning Ordinance requires the dumpsters be screened. Motion failed. (Hansen, Peck voting in favor; Winiecki and Woodburn opposed) (2-2) Councilmember Hansen suggested the applicant be notified of the Council action and the ordinance requirement which states they cannot reapply for the same variance for a period of six months. Mayor Woodburn commented the applicant could be advised of the Council discussion and application could be made for a variance prior to the six month period as long as the request was not exactly the same. . , . , .' Minutes of the Arden Hills Regular Council Meeting, July 11, 1988. Page 3 CASE #88-21; MINOR SUBD., 4463 OLD HIGHWAY 10, BONA Council was referred to the Planner's report of 7-6-88 relative to the request for a lot split/minor subdivision at 4463 Old Highway 10, from Phyllis Bona. Bergly explained the two lots would meet or exceed zoning ordinance requirements for minimum lot area, width, depth and building setbacks as shown on the proposed lot split. He stated the proposed dividing line follows the general alignment of a natural drainage swale and advised the City Engineer had suggested the swale be regraded to follow the lot line and physically provide property definition. Bergly referred Council to the PInning Commission Minutes of 7-6-88 recommending approval fo the lot split subject to the applicant regrading the swale and moving the accessory buildings to the required 10-foot setback for accessory structures. Phyliss Bona, applicant, stated she would comply with the recommendation for regrading the swale and explained the two accessory buildings would be removed from the premises. Peck moved, seconded by Winiecki, that Council approve Case No. 88-21, Minor Subdivision of Lot 11, Block 2, Lakeshore Homesites Addition, Phyllis Bona, subject to: 1. The applicant providing dividing Parcel "A" and distance on either side follow the lot line and Engineer. 2. The accessory structures that encroach on the newly created lot line be moved to meet the R-l setback requirement for accessory structures. a drainage and utility easement along the lot Parcel "B", that easement to extend an equal of the lot line, and the swale be regraded to define the property as approved by the City line Motion carried unanimously. (4-0) CASE #87-35; LAND STUDY, TASK FORCE REPORT, PART 2 Council was referred to the Planning Study for the N.E intersection fa Highway 1-694 and I-35W, Part 2, as prepared by the Planning Commission Task Force Committee. Dennis Probst, Chair of the Task Force Committee, was present to review the report and thanked the members of the committee and Planning Commission, and Planner John Bergly for their time and efforts. Probst stated the purpose of appearing before council this evening was to present the report and answer any questions. He advised the Commission concurred to submit the report to Council for their review and comments, and respectfully request that Council take action on the recommendations in the report at their next regular Council meeting held July 25. Probst reviewed the development options listed under Alternatives I, II and III, and outlined on page 25 of the report. He referred Council to the "Development Option Matrix" which evaluates each of the options as they relate to anticipated development and development timetable; market values; taxation; City portion of tax increment; major public improvements; Village involvement; issues and significant benefits. Probst explained the cost for improvement of the intersection at Highway 96 and 1-35W was not included in the major public improvements section; he advised the improvements would include a signal and bridge widening at the intersection and that the cost estimates were not available at this time. Also discussed was the possibility of a bridge across 1-35W to provide better access to the site; Probst explained the costs for the bridge could be shared jointly with the City of New Brighton. Probst also reviewed the Site Assets and Liabilities. Probst reviewed the recommendations outlined on pages 31 and 32 of the report and requested Council establish the Tax Increment District in 1988; he explained there is the possibility of legislation in 1989 which would further restrict tax increment regulations and it was his understanding cities with established tax increment districts may be "grandfathered" under the current regulations. . I . . ,Minutes of the Arden Hills Regular Council Meeting, July 11, 1988. Page 4 CASE #88-35 (Cont'd) Probst advised it was the consensus of the Planning Commission members it would be beneficial to the City to employ the services of an outside firm with expertise in the area of Tax Increment Financing to handle the details of the program. Commission also ~/ suggested Arden Hills continue to work with representatives from the City of New Brighton in order for both cities to benefit from improvement of the site. Mayor Woodburn thanked Probst and the Committee members for their fine work on the report. Council concurred that the report was well prepared; they preferred some time to review the report in detail. Council agreed that undertaking the development of the site was a large task, exciting and would enhance the site as a "gateway" to the City. Winiecki questioned what the cost would be to establish the tax increment district. Probst stated the cost would be between $5,000 and $10,000; noted the district could be established in 1988, in order for Arden Hills to benefit from the current regulations, and development of the site could occur any year thereafter. There was discussion relative to the time frame for the tax increments to cover the City's costs; Probst advised the Committee had not attempted to detail that information, however, he estimated the City's portion of tax increments collected on the 10th year of the program would cover the costs for improvements on the site. Mayor Woodburn suggested the Council should not proceed without notifying property owners in the area of the proposed recommendations and development options. There was discussion relative to the Acting Clerk Administrator and Treasurer reviewing the project figures in the report and Council reviewing the report and recommendations~ Council concurred to request a report from McNiesh and Green on the projected figures in the report and the matter be continued to the Regular Council Meeting held August 29. CHAR. GAMBLING LIC.; LIGHT BRIGADE, POT o GOLD BINGO HALL Council was referred to the application for a Charitable Gambling License from the Light Brigade to operate at the Pot 0 Gold Bingo Hall. McNiesh explained one of the charitable organizations no longer operates at the Bingo Hall and the Light Brigade has applied to fill the vacancy; seven licenses would still be maintained in the City as specified in the moritorium. Herb King, representative of the Light Brigade, advised Council it was the intent of the organization to return all profits to the area. Hansen moved, seconded by Peck, that Council approve the Charitable Gambling License application from the Light Brigade as submitted and waive the 60 day waiting period. Motion carried unanimously. (4-0) INTRODUCTION; NEW CLK ADMIN, Mayor Woodburn introduced the newly appointed Clerk Administrator Gary Berger and advised Berger would join the Arden Hills staff beginning July 25. Berger thanked the Mayor and Councilmembers for the opportunity to serve as Clerk Administrator and stated he was excited to begin working for the City and with the Arden Hills staff. Berger briefly explained his background and previous employment. He stated he was looking forward to the opportunity to grow professionally and he enjoys working in the northern suburbs. Council concurred they were looking foward to working with Berger and welcomed him to Arden Hills. . I . . Minutes of the Arden Hills Regular Council Meeting, July 11, 1988. Page 5 REPORT OF PARK DIRECTOR INGERSON PARK; WEST ACCESS Council was referred to the memorandum from Park Director dated 7-7-88 relative to negotiating for a west access to Ingerson Park. Buckley described the two remaining options and reviewed the negotiations with the property owners as outlined in his report. Hansen questioned if the utility easement could legally be utilized for access to the park; she noted that was the only high ground on the Folsom property. McNiesh advised she would have to consult with legal counsel to determine the use of an easement for access purposes. Buckley stated he would keep Council informed of any changes in the negotiations for access. No Council action was taken. APPROVE SWIMMING INSTRUCTOR Council was referred to Buckley's memorandum of 7-7-88 requesting approval to hire an instructor for swimming lessons at Lake Johanna Beach. Hansen moved, seconded by Peck, that Council approve hiring Eric Fox as a swimming instructor at Lake Johanna Beach at a salary of $7.50 per hour. Motion carried unanimously. (4-0) INSTALL PLAY EQUIP. Council was referred to the Park Director's memorandum of 7-8-88 outlining the installation of play equipment at Lindey's Triangle and Lower Freeway Park. Buckley explained the equipment was donated by School District #621; Valentine Hills School will be installing new equipment this summer and Buckley secured some of the old equipment from the school for Arden Hills parks. PARK PROJECTS Buckley reviewed recently completed park projects at North Snelling and Arden Manor Parks; he suggested inviting the neighborhood surrounding North Snelling Park to view the park project and to hold a contest to name the park. He advised that the park crew plans to work on the trail system on Colleen Avenue during July and August. REPORT ON USE OF ARSENAL PROPERTY Council was referred to a handout from Buckley which outlined requirements for utilizing and leasing space available on the TCAAP property. Buckley suggested the Planner be utlizied to prepare a diagram for use of the area for recreational purposes. He stated the Planner's estimated cost for the sketch would be approximately $1,400 and advised there is $875.00 remaining in the 1988 budget funds approved for planning purposes. Buckley requested Council approval for an expenditure not to exceed $1,400 for directing the Planner to prepare a diagram for utilization of the 25 acres available on the TCAAP property for recreational purposes. Councilmember Peck reported that surrounding communities had also expressed an interest in utlizing the parcel of land on the TCAAP site; he advised he was not opposed to spending funds to prepare a diagram for use of the site, however, he suggested Buckley contact the other communities and establish common priorities for the site. Buckley advised that he had contacted Moundsview and New Brighton; Moundsview expressed an interest in the use of the property for soccer fields and New Brighton expressed an interest in the site for industrial use. After discussion, Council concurred to direct Buckley to poll the surrounding communities to establish common goals and report back to Council at a future meeting. . I . . .Minutes of the Arden Hills Regular Council Meeting, July iI, 1988. Page 6 REPORT OF ENGINEER CULVERT; VALENTINE HILLS PLAT NO. 2 Council was referred to a memorandum from Engineer Barry Peters dated 7-8-88 regarding the drainage culvert at Valentine Hills No. 2 pond. Peters reported that pipe and it appeared size and both he and he and the Public Works Supervisor had viewed the outlet to be clean. He advised he had discussed replacement pipe Raddatz determined an 18-inch size pipe would be best. The Engineer advised the estimated cost for replacing 620 feet of pipe, reconstruction of the manhole and two catch basins would be approximately $39,000. Peters stated that replacing the existing 12 inch pipe with an 18 inch pipe would allow the water to drain at a faster rate and will lower the 100 year pond elevation approximately 1 foot. He also advised the faster discharge may have an impact on the lower pond near Old Highway 10. Public Works Supervisor Raddatz stated the need to replace the pipe is not immediate and Council could consider budgeting the funds necessary for the improvement. He stated it is his opinion the pipe will have to be replaced in the future. Raddatz pointed out that the developer of the Valentine Hills Plat No. 2 has plans to regrade the culvert; he suggested the situation could be assessed after the regrading is accomplished. No Council action was taken on this matter. REPORT OF TREASURER RES. NO. 88-23; AUTH. 4M FUND Hansen moved, seconded by Peck, that Council approve Resolution No. 88-23, Authorizin~ Entry Into A Joint Powers Agreement In the Form Of A Declaration Of Trust Establishing An Entity Known As "Minnesota Municipal Money Market Fund" And Authorizing Participation In Certain Investment Pro~rams In Connection Therewith. Motion carried unanimously. (4-0) INVESTMENTS Treasurer Green reported on the following investment: 7-7-88 - $600,000.00 invested in 30 day CD at Midwest Federal, @ 7.45%, to mature 8-8-88. Hansen moved, seconded by Winiecki, that Council ratify the Treasurer's report. Motion carried unanimously. (4-0) REPORT OF PUBLIC WORKS SUPERVISOR RAMSEY CO. REQUEST; OVERLAY CO. ROAD D Council was referred to a memorandum from Public Works Supervisor Raddatz dated 7-7-88 relative to an inquiry from Ramsey County concerning Arden Hills interest in road improvements on County Road D. cost participation for Raddatz reported the County is proposing to overly County Road D and would like to pave the 6-foot wide shoulders at the same time. Arden Hills would have to pay 75% of the cost of the bituminous shoulders and share the cost with the City of Roseville. Raddatz stated each City would pay $4,750.00; the estimated total cost for 6-foot shoulders on each side is $11,616.00. Councilmember Hansen expressed concern that improvement of the shoulders along County Road D may cause residents to use the shoulder as a driving lane; she also commented the improvement would be welcomed by bikers and joggers in the City. Hansen questioned if funds would be available for Arden Hills to participate in the improvement; she noted the work is scheduled for August of this year. McNiesh suggested the funds could be taken from the PIR fund and not reimbursed to the fund; the only other fund that could be utilized would be the General Fund. . I . . Minutes of the Arden Hills Regular Council Meeting, July 11, 1988. Page 7 CO. RD. D (Cont'd) Raddatz advised Council that all cities attending meeting with Ramsey County and suggested that County representatives give the cities sufficient notice of such improvements to allow staff to budget for projects of this nature. Councilmember Hansen commented that she recalled questioning County representatives when County Road D status change was initiated if Arden Hills would incur any additional costs; she reported the County and assured Council there would be no additional costs. Hansen moved, seconded by Peck, that staff be directed to notify Ramsey County that Arden Hills would appreciate a bikeway and improvement of the shoulders on Arden Hills half of County Road D, if the City of Roseville agrees to participate in the improvement and if Arden Hills can locate sufficient funds in the 1988 Budget to utilize for their half of the costs of the improvement of County Road D. Motion failed. (Hansen, Peck voting in favor; Winiecki and Woodburn opposed) (2-2) PUBLIC NOTICE; LEAD IN DRINKING WATER of lead in drinking Council was referred to a memorandum from Raddatz 7-8-88 relative to the Federal Law which requires cities notify all residents on their system as to water and how to determine that lead content exists. dated that hazards Raddatz recommended the notice be placed as an insert in the Town Crier; he advised the notice would reach all residents and it would be the least expensive method of notification. He advised the Minnesota Department of Health would be contacted as to how and when notification was completed in the Village. Council concurred with Raddatz' recommendation and suggested some minor changes in the notice. REVISED WATER SHUT OFF NOTICE Council was referred to the memorandum from Attorney Lynden dated 6-29-88 relative to the revised water shut off notice. Council concurred the language in the revised notice was better. OTHER BUSINESS RECYCLING DISCOUNT must item Councilmember Winiecki suggested residents who are participating in the recycling program be advised they contact their rubbish hauler to receive the 15% discount; she suggested an be placed in the Town Crier. REQ. TRAFFIC SIGNAL LK. JOHANNA BLVD. Mayor Woodburn referred Council to the request for signage and reduced speed on Lake Johanna Boulevard in the Siems Court/Ridgewood Road area. Hansen suggested the matter be referred to the Public Safety/Works Committee for review and recommendation. Council concurred with the recommendation. REPORT OF ACTING CLERK ADMINISTRATOR INVERSE CONDEMNATION INSURANCE COVERAGE Council was referred to the letter from Attorney Lynden dated 7-7-88 recommending Arden Hills obtain both the inverse condemnation and pollution liability coverage. No Council action was taken on this matter. RES. #88-22; DEPOS. & CORPORATE AUTH; RES. #88-24; TELE. TRANSFER OF FUNDS Hansen moved, seconded by Winiecki, that Council approve Resolution No. 88-22, Designation of Depositories and Corporation Authorization Resolution, and Resolution No. 88-24, Transfer of Funds by Telephonic Instructions. Motion carried unanimously. (4-0) RAMSEY CO. REQUEST; CDBG COOP. AGREEMENT Council was referred to a request from the Ramsey County Board of Commissioners dated 6-20-88 for the City of Arden Hills to sign a cooperation agreement with the eligibility for Community Development Block Grant funds. County to ensure County . . . . ~inutes of the Arden Hills Regular Council Meeting, July 11, 1988. Page 8 CDBG REQ. (Cont'd) McNiesh advised Council the Village had signed a three year agreement on August 12, 1985; she noted the Village actively participate in the program if the document is is not obligation to executed. Hansen moved, seconded by Peck, that Ramsey County Board of Commissioners be notified that Arden Hills Council authorizes the execution of the Community Development Block Grant Cooperation Agreement as submitted with their request for participation dated June 20, 1988. Motion carried unanimously. (4-0) is available years. Council was referred to a memorandum from McNiesh dated 7-8-88 recommending the appointment of William Walsh as Plumbing Inspector for the City. She advised that Walsh immediately, has been a plumber 32 years and a master plumber for 16 APPOINT. PLMB'G INSPECTOR Hansen moved, seconded by Peck, that Council appoint William Walsh, 681 South Birch Lane, Shoreview, as Plumbing Inspector for the Village for the remainder of the year. Motion carried unanimously. (4-0) CLAIMS & PAYROLL Peck moved, seconded by Winiecki, that Council approve Claims and Payroll as submitted. Motion carried unanimously. (4-0) McNiesh advised Council she had forwarded a letter to Kermit McCrea advising him of the costs for Ramsey County Deputies to work traffic control and warning lites during the MnDot construction period and requested MnDot share the costsr SPRINKLING BAN; IMPOSING FINE Council discussed a sprinkling ban in the event the City of St. Paul imposes a ban. It was the consensus of the Council the ban could be in the form of a proclamation and a $25.00 fine be imposed with the second violation and each subsequent violation. Hansen moved, seconded by Winiecki, that Council authorizes staff to prepare a Proclamation, in the event the City of St. Paul imposes a sprinkling ban, declaring a sprinkling ban in the City of Arden Hills and imposing a fine of $25.00 upon second violation and each subsequent violation of the ban. Motion carried unanimously. (4-0) ADJOURNMENT Hansen moved, seconded by Peck, that the meeting be adjourned at 11:15 p.m. Motion carried unanimously. (4-0) Charlotte McNiesh Acting Clerk Administrator Robert L. Woodburn Mayor NOTICE OF MEETING The next Regular Council Meeting will be held on Monday, July 25, 1988, at 7:30 p.m., at the Village Hall.