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HomeMy WebLinkAboutCC 11-09-1987 r MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING .' November 9, 1987, 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, Thomas Sather and Jeannie Winiecki. Absent: Councilman Gary Peck. Also present: Planner Orlyn Miller. Public Works Supervisor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine Iago. APPROVE MINUTES Councilmember Hansen questioned page 4 of the 10-26-87 Council Minutes, under Fall Program Leaders, if the current fee for the Karate class was $16.00 per student or $16.00 per hour; the Clerk Administrator advised she would check the fee with the Parks Director and correct the minutes accordingly. Moved by Hansen, seconded by Sather, that Council approve the mintues of the Regular Council meeting of October 26, 1987, as submitted. Motion carried unanimously. (4-0) . BUSINESS FROM FLOOR SALITROS PROPERTY; George Salitros, 3625 Hamline Avenue, appeared before 3625 HAMLINE AVE., Council to discuss the odor problem at his home. He ODOR PROBLEM explained the various tests that had been done on the sewer line to determine if there was a problem with the line. Salitros noted that the odor is stronger when the sewage is at the lowest flowage point. He requested that the Public Works crew jet the line at least . three times simultaneously, as he has been told that jetting one time only may not remove a blockage or residue in the line. Council requested the Public Works Supervisor describe the methods used to determine if a problem exists in the sewer line. Raddatz explained that there is a bad joint in the line, between two manholes, howevert it was his opinion that the line was free of residue. He noted that NSP had checked the line for gas leaks; Metropolitan Waste Control, Minnesota Pollution Control and the State Health Department have all sent representatives out to review and assess the problem. He noted that the line had been televised and smoked. Raddatz also stated that the line has been jetted several times, not simultaneously, but over the course of several weeks. He advised that he would not recommend digging up the line because of the expense, however. a hole could be drilled in the manhole to determine if there was a pocket underneath the line. Salitros advised Council that he had run a test line with a cage to collect debris through the sewer line; there was not debris evident. Mayor Woodburn requested Mr. Salitros not tamper with the City sewer lines. ~ After discussion, Council concurred to direct the Public Works crew to jet the sewer line three times simultaneously, contact the Pollution Control Agency and Metropolitan Waste Control Commission to determine any other possible solutions to the problems. Council preferred not to dig up the line and advised that drilling into the manhole should be done only if deemed necessary. REPORT OF PLANNER CASE #87-31; VAR. Council was referred to Planner's report, 10-14-87, ROSEVILLE BANK; regarding the request for setback variance for an 4061 NO. LEXINGTON accessory structure at the Roseville Bank. Miller explained the bank is proposing to install an automated teller machine (ATM) in the parking lot at the northeast corner of the bank site; three variances would be required to accomplish the request. He reviewed the reasons for relocating the ATM; patrons safety, access and increased visibility. Planner referred Council to the Board of Appeals minutes of 10-15-87 and the Planning Commission minutes of 11-4-87, both recommending approval of the variances as requested. I 1 Minutes of the Regular Council Meeting, November 9, 1987 . Page 2 CASE #87-31 (Cont'd) Moved by Sather, seconded by Winiecki, that Council approve Case #87-31, Setback Variances for Accessory Structure, Roseville Bank, 4061 North Lexington Avenue, as shown in the proposed plan attached to the Planner's report, for a 5 ft. setback variance from County Road F., a 15 ft.,~back variance from Lexington Avenue and a . variance to permit accessory structure in front yard; justification for the variances based on safety of patrons, location is necessary to provide adequate visibility and vehicular circulation and placement of the structure in the front yard does not negatively impact adjacent properties. Motion carried unanimously. (4-0) CASE #87-32; VAR. Council was referred to Planner's report of 10-14-87; REARYARD SETBACK relative to request for rearyard setback variance to 1891 LAKE LANE. accommodate room addition. Miller explained the subject lot is only 75 feet deep; typical of lots on the north side of Lake Lane. Because of this limited depth, enforcement of both front and rear setbacks would make the lots unbuildable, which is why the , existing rear setback is only 15 ft. He noted that at least 3 homes along the north side of Lake Lane have rear setbacks of 6 to 8 feet; most recent variance granted in the area was a 24 ft. setback variance for a similar roam addition. The Planner referred Council to the minutes of the Board of Appeals meeting, 10-15-87, recommending a variance for a setback of 6 ft. from the rear property line (24-ft. setback variance), rather than the 5 ft. as requested. He stated the 6 ft. setback would maintain the rear setback as established by the last variance requested and the applicant did not oppose the change. After brief discussion, Council concurred that the lots are unusual and a . precedent had been set. Winiecki moved, seconded by Sather, that Council approve Case #87-32, Rearyard Setback Variance of 24 feet at 1891 Lake Lane, Delores Kieffer; justification for approval based upon unusual lot configuration, similar encroachments of adjacent houses, and the deep rear setback of houses to the north make the rear area more feasible for the proposed expansion. Motion carried unanimously. (4-0) CASE #87-20; LOT Council was referred to Planner's memorandum dated SPLIT; J. MILTON 10-19-87, explaining the necesSity for Council review NEW BRIGHTON RD. of this previously approved lot split. Miller noted that the lot split and consolidation, approved in July of 1987, was based upon the verbal description and a drawing provided by the applicants; Milton's verified the Planner's representation of the requested subdivision. He explained that it was his interpretation of their drawing that the Miltons intended to transfer a portion of their property to their neighbor to the north~ Howeverj a certified survey, submitted in October for administrative verification indicated that all the Miltons intended to do was split their - property into two parcels, Parcel A being vacant land west of the base of the slope and Parcel B being a residential lot running from the base of the slope east to New Brighton Road. Since this does not conform to Council's action in July, it has been returned to Council for reconsideration. The Planner recommended approval of the proposed split; it is considered desirable in that it divides the developed residential lot from the undeveloped land at a logical point topographically, the base of the slope. James and Carol Milton were present and agreed that this is what they had originally proposed. Hansen moved, seconded by Winiecki, that Council approve the revised Lot Split at 3731 New Brighton Road, as outlined by the Planner in his report of 10-29-87 and as shown on the Certified Survey submitted by James and Carol Milton, drawn by E.G. Rud, and dated 9-24-87. Motion carried unanimously. (4-0) I 1 Minutes of the Regular Council Meeting, November 9, 1987 Page 3 CASE #87-08; VAR. Planner Miller explained that Scherer Lumber had EXTENSION, 4749 requested a change in their site plan, which was HWY. 10, SCHERER originally approved in November 1986; the revision involves moving a portion of an existing building to . the rear property line, which would require Council approve a continuation of an existing approved variance. Miller discussed the phased improvement of the site, and pointed out that the change would actually decrease building coverage on the site. Council was referred to Planning Commission minutes of 11-4-87, recommending approval of the relocation of the existing building and the continuation of the variance. Larry Leitshuh, representing Scherer Lumber Company, presented plans ss ,proposed and discussed movement of the building to west property line. Hansen moved, seconded by Sather, that Council approve the relocation of an existing building and the continuation of the variance on the west property line of the Scherer Lumber site, as shown in the revised plan submitted this evening; subject to the completion of the approved landscape plan originally submitted with Case #87-20. Motion carried unanimously. 4-0) DISC. ARMY RESV. Council was referred to the Planning minutes of 11-4-87 TRAINING CENTER relative to Commission discussion of the proposed Army Reserve Training Center at the Arsenal; he reviewed the Planning Commission concerns and the statement drafted for submission to . appropriate authorities upon Council review. Councilmember Sather explained that there are two similar sites in other cities which have recently been constructed; he has requested information from these cities relative to recreational facilities being provided on the sites for use by residents. Sather further stated that Council may consider proposing some type of recreational facility be provided at the Arsenal for use by Arden Hills residents. He suggested the matter be discussed at the next Regular Council meeting of November 30, 1987, to allow time for Councilmembers to reflect on information and concerns to be addressed in a statement to the authorities. Council discussed drafting a formal letter to the Project Manager which outlines Planning Commission and Council concerns, as well as a possible proposal for a recreational facility for Arden Hills residents on the site. Clerk Administrator advised that the local architects have indicated they are anxious to receive input; however, she preferred to see Council take more formal action and outline definitive statements. Morrison suggested a special Council work session to draft a formal statement. After discussion, Council concurred to move this matter to the November 30th .. agenda at which time further discussion and possibly drafting of a formal statement to proper authorities; this would also allow time for the information relative to recreational facilities to be received by Councilmember Sather. REPORT OF ATTORNEY ORD. 1/251 ; EXTER. Council was referred to letter from Attorney Lynden, COMPL.; FINAL RDG 11-14-87, regarding the revisions in Ord. #251, and referring to St. Paul's newly adopted Nuisance Ord. Moved by Sather, seconded by Hansen, that Council waive the reading of Ordinance #251, AN ORDINANCE AMENDING SECTION 6-75 AND 6-128 OF ARDN HILLS CODE TO ESTABLISH TIME LIMITS FOR COMPLETION OF CONSTRUCTION ONE- OR TWO-FAMILY DWELLINGS AND ADDITIONS, ALTERATIONS OR IMPROVEMENTS THERETO (OR TO ACCESSORY STRUCTURES THEREOOF) AND TO REQUIRE BUILDING INSPECTOR TO MAKE DETERMINATION THAT CONSTRUCTION COMPLETED BEFORE ISSUANCE OF CERTIFICATE OF OCCUPANCY. Motion carried unanimously. (4-0) , Minutes of the Regular Council Meeting, November 9, 1987 \ Page 4 ORD #251 (Cont'd) Council discussed the St. Paul Nuisance Ordinance, "i~'., provided by the Attorney, and concurred that the ordinance would not be applicable in Arden Hills, nor does it address exterior of existing buildings which have not been completed. Hansen suggested directing the Attorney to draft or add language to the . proposed ordinance which relates to abatement of existing construction that has not been completed. Winiecki suggested referral to Planning Commission for their input and suggestions that could form the basis for language which would address the concerns relative to existing homes or buildings which have remained uncompleted over a number of years. Sather pointed out that, in his opinion, the Attorney's intent was for a comparison to be drawn by Council between St. Paul's Nuisance Ord. and ours, to determine areas for inclusion that would provide Arden Hills ordinance with more enforc1bility. He also stated that the concerns of the Building Inspector, relative to exterior completion of sidewalks and driveways, could be deleted from Ordinance #251 and the matter could be addressed in our nuisance ordinance. Mayor Woodburn explained that the main concern and real issue is how to get existing buildings. that have stood uncompleted for 5 years or more, completed; suggested the Attorney address that concern and clsrify a method for enforcement as it relates to existing buildings. The Clerk Administrator stated in her opinion, after conversations with the . Attorney, there are two separate issues being discussed: 1. Adoption of Ordinance No. 251 [with revisions for allowing additional time for completion under Section 1 (c)] to address construction after adoption of the Ordinance; and, 2. The purpose of sending St. Paul's new Nuisance Ordinance was to compare it with ours to see if there was anything Council deemed appropriate for inclusion in our current nuisance ordinance, so that it could relate to houses already constructed but not completed. Morrison explained that Ord. #251 deals with new cons~ruction; Council could strengthen our current nuisance ordinance to deal with the existing housing that remains not completed. Hansen stated it was her opinion that the St. Paul Ordinance has no provisions which are applicable to Arden Hills problem. Morrison questioned if the Nuisance Abatement Section may be applicable; explained that if Council desires to adopt Ordinance #251, Lynden could then draft an amendment to the current nuisance ordinance which addresses Council concerns relative to completion of existing housing. - Council reviewed Chapter 45, Subd. 1 of St. Paul's Ordinance and were unable to determine if this section would be aplicable to Arden Hills. Council discussed placement of language in Ordinance #251 to provide for a time-frame for completion of existing non-completed construction before it is declared a nuisance and penalized under our current nuisance ordinance. Mayor Woodburn suggested the Attorney insert appropriate language in Ordinance #251, such as; "Old housing must have exterior completed within two years or will be declared a nuisance and subject to penalty as outlined in the Arden Hills Nuisance Ordinance." Morrison explained that insertion may require an amendment to the nuisance ordinance also; or amend Ordinance #251 to include the nuisance ordinance amendment. Council concurred to request Attorney Lynden revise Ordinance 1/251 to include language which pertains to existing homes, which have uncompleted exteriors; setting a time-frame for completion before they are deemed a nuisance and I subject to pen~lty under Arden hills current Nuisance Ordinance, and, furthermore, that Lynden advise if this would adequately address Council concerns aa discussed at this meeting. Council further concurred to discuss this matter at their Regular Council meeting to be held November 3D, 1987, and requested the Attorney's response at that meeting. ; Minutes of the Regular Council Meeting, November 9, 1987 . Page 5 . STATUS RPT; Council was referred to Attorney's letter, 11-4-87, HJ\MLINE/96 advising that the land purchase agreement had been LAND PURCH. signed by all three parties and Arden Hills may proceed with land purchase. . FIRE CONTRACT Councilmember Hansen reported that the Attorney had REPORT contacted her and advised that the proposed Fire Contract appeared in order; he stated it was simplistic and suggested some language changes which would clarify terminology. Lynden also suggested actual dates should be inserted for receipt of Fire reports requested in the contract. Council concurred that the Attorney be directed to re-write the Fire contract in legal terminology and submit to Council for discussion at their Regular Council meeting to be held November 30, 1987. 'PARKS COMM. RPT. Council was referred to Parks Committee minutes of 10-17-87; discussed anticipated Budget changes and Mayor Woodburn suggested the Committee should outline the budget changes. Sather advised that these changes are historically forwarded to Council for their review and approval. Council discussed park programs and the useage of the parks and recreational facilities by various age groups of the City. REQ. TENT PERMIT; Council was referred to a letter from McGuires Inn, . MCGUIRES, SAINT dated 10-27-87; requesting approval for a tent on PAT'S DAY, 1988 their property on St. Patrick's Day, 1988. The letter outlined the times and indicated that McGuires would comply with all requirements from the Fire Chief and Police Department, as they did last year. Council was also referred to a letter from Fire Chief Winkel, 11-5-87, outlining recommendations for the use of a tent by McGuires as requested. There was discussion of the problems which arose last year; main areas of concern were parking and number of persons occupying the tent. After discussion, Council determined that the parking problem should be addressed by McGuires to alleviate the problems for 1988. Council concurred that the additional security provision was not a matter which should be addressed by the Fire Department and should be the owner's responsibility to have sufficient personnel to control the crowd; they commented that the Fire Chief and Commander Bergeron of the Ramsey County Sheriffs Department should inspect and approve the tent prior to the event in 1988. Moved by Sather, seconded by Winiecki, that Council - approve the connection of a 60 ft. x 80 ft. tent to the existing structure of McGuires Inn, on St. Patrick's Day, March 17, j988, between the hours of 6:00 p.m. and 1:00 a.m., subject to approval and inspection of the tent by Fire Chief Dan Winkel and also review and approval by Commander Bergeron of the Ramsey County Sheriffs Department. Motion carried unanimously. (4-0) OTHER BUSINESS RCLLG MEETING Councilmember Hansen reported that she is unable to attend the RCLLG meeting; Winiecki stated she would attend the meeting. RAMSEY COUNTY Councilmember Hansen reported that she supports the DEP. ASSIGNMENT assignment of Deputy Larry Janke to Arden Hills, to replace Frank Herbst. SNOW REMOVAL; Councilmember Winiecki questioned if the City or property owner was responsible for snow removal on sidewalks in the business area on County Road E; the Public Works Supervisor advised it was the property owners responsibility. " Winiecki suggested a letter be sent to the property owners along County Road E as a reminder it is their responsibility to keep the sidewalks clear; Councilmembers concurred. \. . Minutes of the Regular Council Meeting, November 9, 1987 Page 6 CLOSED MTG: Hansen moved.. seconded by Sather, that Council schedule LABOR NEG'S a closed meeting on November 30, 1987, at 7:00 p.m., to discuss Labor Negotiations. Motion carried unanimously. (4-0) . REPORT OF CLERK ADMINISTRATOR LANDSCAPE INSP; Council was referred to Landscape Inspector's report, SHANNON SQUARE 11-4-87, initial inspection at Shannon Square, Lexington Avenue. Hansen moved, seconded by Sather, that Council accept the initial landscape report, contingent upon completion of the change in the four Dogwood groupings on the east perimeter as recommended, and reduce the bond to a 100% maintenance bond for a period of one year. Motion carried unanimously. (4-0 ) LANDSCAPE INSPEC.; Council was referred to Landscape Inspector's report, 1275/1285 GREY FOX 11-4-87, initial inspection at Northpark Business BLDGS. B & C Center.. 1275 .and 1285 Grey Fox Road, Buildings Band C. Oelke recommended several replacement plantings at 1275 and 1285 Grey Fox Road, as outlined in his report. Moved by Hansen, seconded by Sather, that Council accept the initial landscape report, contingent upon replacement of the dead . and missing plant materials at both locations, and reduce the bond to a 100% maintenance bond for a period of one year. Motion carried unanimously. (4-0) CLAIMS & PAYROLL Hansen moved.. seconded by Sather, that Council approve Claims and Payroll as submitted. Motion carried. (4-0) SALE OF PARKS VEH. The Public Works Supervisor reported to Council on the sale of the 1980 Ford one-ton truck, used by the Parks Department, in the amount of $5,000.00. MTG; TALLOW PLANT Council suggested the Clerk Administrator remind the individuals interested of the ~eeting scheduled to discuss the Hide and Tallow plant; recommended contacting Warren Wiles and .the Messerlys. ADJOURNMENT Sather moved, seconded by Winiecki, that the meeting be adjourned at 10:20 p.m. Motion carried unanimously (4-0) - ;f1 ~-J~~ Robert L. Woodburn Mayor NOTICE OF MEETINGS The next Regular Council Meeting will be held on Monday, November 3D, 1987, at 7:00 p.m., Closed Meeting for Labor Negotiations (7-7:30 p.m.). .