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HomeMy WebLinkAboutCC 10-12-1987 , . MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING Monday, October 12, 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, and Jeanne Winiecki. Absent: Councilmember Thomas Sather. Also present: Attorney James Lynden, Planner Orlyn Miller, Public Works Supervisor Robert Raddatz, Clerk Administrator Patricia Morrison and Deputy Clerk Catherine Iago. APPROVE MINUTES Hansen moved, seconded by Peck, that Council approve the minutes of the Regular meeting of September 28, 1987 as submitted. Motion carried unanimously. (4-0 ) BUSINESS FROM FLOOR None. RES #87-65; NOV. Doug Hill, representing the Epilepsy Foundation of EPILEPSY MONTH Minnesota, appeared before the Council to request their support in proclaiming the month of November as Epilepsy month in the City of Arden Hills. Hansen moved, seconded by Peck, that Council approve Resolution No. 87-65; PROCLAIMING THE MONTH OF NOVEMBER TO BE EPILEPSY MONTH IN THE CITY OF ARDEN HILLS. Motion carried unanimously. (4-0) CASE #87-30; SUP ROOF Council was referred to Planner's report of 9/28/87 . SIGNS, 3628 CONNELLY, and Planning Commission minutes of 10/7/87, TRANS. ELECTRONICS recommending approval of one rooftop sign, with conditions. Planner Hiller reviewed the background of the business and the relationship of the applicant's building on Connelly St. to other buildings in the area. He explained that the rooftop sign would extend approximatley 8-1/2 ft. above the roof, as proposed, and sign size would meet current code requirements. Miller noted that the Commission determined that a roof sign facing in a southerly direction would be beneficial, however, a westerly facing sign on the roof would not be visible, therefore only one should be permitted. The Planner discussed the continuance of the mansard roof treatment on the building for aesthetics; he noted that the CommissiOQ had discussed placement of the sign on the building or on the mansard roof; the applicant advised that a sign located on the building itself would not be beneficial and noted that signs placed on mansard roofs usually become unattractive due to staining. Miller pointed out that a free standing sign of 16 ft. would be permitted without SUP, however, a setback variance would be necessary. He commented that if the sign were kept flush with the roof of the building, rather than mounted on the proposed frame, it would be possible to achieve close to 16 ft. in . height, which is the current height requirement for free-standing signs. Council asked for the Planner's opinion relative to increased visibility of the sign if the 3 ft. 6 in. mounting were utilized; Hiller advised that visibility would be improved but not significantly increased; he explained that the problem from eastbound traffic is more a narrow window of vision rather than the height factor. Mr. Petersen, Transportation Electronics, was present to answer any Council questions. CounciImember Peck questioned if the SUP would cease when the applicant vacates the property. Miller advised that normally the SUP is tied to the land, rather than the business, however, a stipulation could included be in the SUP to terminate the sign when the business vacates the property. Attorney Lynden agreed. Council discussed the height of the sign, placement of the sign off the premises, and free-standing sign versus rooftop placement. Miller noted that there is no provision in the sign ordinance for placement of . the sign off the premises. . . Minutes of the Regular Council MeetinR, October 12, 1987 Page 2 CASE #87-30 (Cont'dl Moved by Peck, seconded by Winiecki, that Council approve Case No. 87-30, Special Use Permit for Rooftop Sign, 3628 Connelly Street, Transportation Electronics, for one southerly facing sign on the roof, not be exceed 8 ft. 6 in. from the top of the building height, and a maximum of 20 ft. in width, and, furthermore, that the Special Use Permit remain in effect until such time as Transportation Electronics . vacates the premises. Hansen moved to amend the motion, seconded by Peck, that the rationale as stated in the Planning Commission minutes of 10/7/87, for approval, be noted and approved by Council and that the motion include the contingency that the applicant extend the mansard roof treatment on the west side of the building to the south side of the building. Hansen moved to further amend the motion, seconded by Woodburn, that the height total, including the building and sign, be reduced by 2 ft. Second amendment to the motion failed. (Hansen, Woodburn voting in favor; Peck and Winiecki opposed) (2-2) First amendment to the motion carried unanimously. (4-0) The original motion as amended failed. (Peek, Woodburn voting in favor; Hansen and Winiecki opposed) (2-2) Moved by Winiecki, seconded by Woodburn, that Council . approve Case No. 87-30. Special Use Permit for Rooftop Sign, 3628 Connelly Street, Transportation Electronics, for the placement of one rooftop sign, facing in a southerly direction, not to exceed 5 ft. in height, nor a total height inclusive of building and sign of 19 ft., rationale for approval based on the obscurity of the bUilding, it's relationship to other businesses in the area, the extension of the mansard roof which prohibits placement of the sign On the business facia, and the feasibility of this solution given the limited setback and unusual visibility conditions. Furthermore, that Council approval is contingent upon the applicant extending the mansard roof treatment on the west side of the building to the south side of the building, and that the Special Use Permit shall remain in effect until such time as Transportation Electronics vacates the premises. Motion carried unanimously. (4-0) HWY 96 STUDY Council was referred to the Planning Commission minutes COMM. REPORT of 10-7-87 and the Subcommittee report relative to the Highway 96 Task Force Study for beautification of Highway 96 (see attached Exhibit "A"). Planner Miller reviewed the responses to the Task Force letter of 9/10/87 and the General Issues discussed by Planning Commission as outlined in Exhibit "A". Councilmember Hansen suggested Council strongly supported the upgrading of . Highway 96 and encourage the Task Force to continue the excellent work on this project. Mayor Woodburn discussed with the Planner the possibility of Highway 96 being made a 4-lane highway thru all the communities and recommended that the following language be included under Responses to Letter of September 10, 1987, under Item //3" (b): "... as part of the County Trail System. Council concurred with Mayor's recommendation and accepted the Subcommittee report; they directed the Clerk Administrator to forward copies of the Council and Planning Commission minutes to the Task Force Study Committee with their approval of the recommendations and responses. CASE #87-28, SUP Council was referred to a letter from Attorney Lynden, RADIO ANTENNA, 1541 10-7-87, regarding Mr. Kahnke's proposal to alter the EDGEWATER, KAHNKE design of the antenna which was approved by the Council at their meeting of 9/14/87. The Attorney advised Council that he had been in contact with Kahnke's attorney and had reviewed an FCC Memorandum Opinion and Order dated 9/16/85. Lynden . explained that Special Ccndition #4, of the Council approval, may be contrary to the mandates of the FCC Order. He noted that, from a procedural standpoint, the Council may determine whether or not such alterations to the design are significant enough as to warrant another public hearing. . Minutes of the Regular Council Meetini, October 12, 1987 Page 3 CASE #87-28 (Cont'd) Lynden further advised that Section VII.D. of the Zoning Code gives the Zoning Administrator the latitude to determine whether or not the changes may be deemed insignificant and requirements of a public hearing may be waived. in the event of structural alterations or changes not specifically permitted by the SUP. He recommended to . Kabnke's attorney that it would be helpful for him to secure written consents from residents in the area, especially the adjacent neighbors. Council was referred to the diagram which showed the location of the antenna and the design, as indicated in the materials attached to Lynden's letter of 10-7-87. . Councilmembers Hansen and Peck stated they saw no problem with the amended proposal; Hansen preferred the antenna closer to the Kahnke's residence. Councilmember Winiecki supported referral of this matter back to the Planning Commission for another public hearing, it was her opinion that the proposal is entirely different from what was approved. Mayor Woodburn agreed. Joseph Kahnke, 1541 Edgewater, was present and reviewed his reasons for amending his request; he presented Council with signatures from several neighbors stating they are not opposed to the antenna snd location as amended. Planner Miller pointed out that the proposed changes in the antenna and location would not be detrimental to adjacent neighbors and may, in his opinion, be aesthetically beneficial as compared to the original plan. . After diSCUSSion, Council concurred to defer determination of the significance of the amended proposal and the necessity for another public hearing to the Zoning Administrator. Mayor Woodburn advised Kahnke that he would be contacted by the Zoning Administrator, within the next few days. ARMY RESV. TRAINING Council was referred to letter from RSP Architects, CNTR; JURISDICTION 10-7-87, requesting clarification of Arden Hills position relative to enforcement of local codes and ordinances on this federal project at the Twin Cities Arsenal. The Clerk Administrator advised that she had discussed the matter with the architectural firm and the Planner had briefly reviewed the building plans. Council asked the Attorney for an opinion relative to jurisdiction on federal property. Lynden stated that it was his opinion the City does not have much jurisdiction over a federal agency. Council questioned if rezoning would be an issue; Lynden advised that it was . his recollection federal agencies do not adhere to zoning requirements, however, State agencies must. Lynden stated that in the past the County was required to make application for special pse permit. Council commented that the training facilitiy would be a State agency. Planner Miller noted that Shoreline Management District is not in effect, through the DNR; this may be a State mandated shoreline district. Miller had contacted the DNR for their interpretation and, to date, had received no response. He adVised he could pursue the matter for clarification and interpretation of jurisdiction. Council concurred. After discussion, Council requested the Attorney research and give an opinion on the following items: 1. Rezoning necessary; due to the fact that the training facility is under State agency. 2. Clarification of Arden Hills jurisdiction on the property. Council also requested the Attorney or appropriate staff direct a letter to the architectural firm and advise that the City is pursuing a legal opinion relative to jurisdiction and include the following Council concerns: . A. Council preferred no access onto Highway 96. B. Council requested adherence to building code requirements, and standards outlined in the Arden Hills Zoning Code. C. Council requested upgrading the appearance of the premises along the south side of the facility, adjacent to Highway 96. D. Council requested they provide the City with an estimated water useage for the facility, to determine the City's capability for providing services. Minutes of the Regular Council Meeting, October 12. 1987 Page 4 ARMY TRNG. (Cont"d) Attorney Lynden stated it was his opinion that the City should assert jurisdiction on the sit., until such time as they owner proves authority to the contrary. Council concurred, however, they preferred to have the question of jurisdiction . researched. Councilmember Winiecki commented that, if a determination is made that the City does have jurisdiction on the arsenal property, she would prefer to see a master plan/PUD, relating to zoning issues, submitted to the City. Mayor Woodburn stated he felt the PUD would need to address only this 29-acre site. . ORD #250; FINAL RDING Council was referred to a letter from Attorney Lynden. LICENSES & PERMITS 10-6-87, relative. to revisions in Ordinance No. 250. Clerk Administrator advised Council that Plumbers must be State licensed. and, .therefore, Section 6-62. Insurance, should be amended. Attorney Lynden recommended either the deletion of Section 6-62, Insurance. or the addition of language in the third line of that Section to read; "therefor -. unless exempt under State Law -- shall.... " Attorney Lynden also noted that the reference to Section 6-147. as shown in the Ordinance title and throughout the revision, should be changed to read Section 6-148. Moved by Hansen, seconded by Peck, that Council suspend . the rules and waive the reading of Ordinance No. 250. AMENDING SECTION 13-24 OR ARDEN HILLS CODE BY DELETING THEREFROM AND ADDING THERETO CERTAIN LICENSES AND PROVIDING FOR THE ESTABLISHMENT OF INVESTIGATIVE FEES BY RESOLUTION; SECTION 13 - 26 BY DELETING THE PRORATION OF CONTRACTORS I LICENSES CONTAINED THEREIN; AND SECTIONS 6-62 AND 6-147 BY CHANGING THE INSURANCE REQUIREMENTS, and adopt with with the Attorney's recommended additional language in Section 6-62 and changing of Section 6-147 to read 6-148 wherever it shall appear in the Ordinance. Motion carried unanimously. (4-0) RES. #87-63; FEES Hansen moved, seconded by Peck. that Council approve AND INS. REQMENTS Resolution No. 87-63, Establishin~ License and Permit Fees and Liability Insurance ReQuirements. Motion carried unanimously. (4-0) ORD 11252; SPEC. Council was referred to Attorney's letter (10-6-87), EVENT SIGNS relative to Ordinance No. 252. Limiting Special Event Signs in Commercial Districts. Councilmember Peck expressed concern that the proposed Ordinance may be restricting or regulating business in the Village. Attorney Lynden advised that discussion in that regard may be appropriate . before the Final Reading of the Ordinance. . Moved by Hansen, seconded by Winiecki. that Council introduce by Title Ordinance No. 252, AMENDING SECTION 21-7 OF THE ARDEN HILLS CODE BY ADDING THERETO A NEW SUBSECTION (H) LIMITING THE ISSUANCE OF SPECIAL EVENT SIGNS IN COMMERCIAL DISTRICTS. Motion carried. (Hansen, Winiecki and Woodburn voting in favor; Peck opposed) (3-1) ORD //253; ENFORCMT Council was referred to Attorney's letter (10-6-87), ORD VIOL SUMMONSES relative to Ordinance No. 253, which adds a new article entitled "Enforcement" and a new section pertaining to issuing ordinance violation summonses by appropriate City staff. Moved by Hansen. seconded by Peck, that Council introduce by Title Ordinance No. 253, AMENDING CHAPTER 2 OF THE ARDEN HILLS CODE BY RESERVING SECTIONS AT.THE END OF ARTICLE III THEREOF FOR FUTURE USE AND BY ADDING THERETO A NEW ARTICLE IV, ENTITLED "ENFORCEMENT", AND A NEW SECTION 2-94 PERTAINING TO ISSUANCE OF ORDINANCE VIOLATION SUMMONSES. Motion carried unanimously. (4-0) BRIGHTON VET HOSP Council was referred to letter from Attorney Lynden. . LIC AND ADOPTION 10-8-87, relative to contractual arrangements and adoption poliCY, as per the requested proposal from the Brighton Veterinary Hospital. Dr. Keith Hedges. Lynden advised that Section 5-61 of the Arden Hills code does embrace the adoption policy as set forth on page two of the Brighton Veterinary Hospital letter; only dogs are covered and inclusion of cats would require an amendment. . Minutes of the Regular Council Meeting, October 12, 1987 Page 5 VET HOSP (Cont'd) Lynden further advised that if the City has a specific contractual arrangement with Brighton Veterinary hospital, which does not leave it much descretion in how it operates, the City can delegate the power to collect fees and to issue licenses to the Hospital. He suggested that such an arrangement should include indemnity and insurance . provisions, which include contractual liability, as outlined in his letter of 10-8-87. Council requested that Village staff research the current contractual arrangement and review insurance with Mr. Hite, the Village insurance representative and the Veterinary Hospital personnel. . Councilmember Hansen commented that it was her opinion that the fees should be increased to reflect current costs and she would prefer to have Section 5-61 amended to include provision for cats. Council concurred to request the Clerk Administrator research the contractual agreement with the Brighton Veterinay Hospital, to leave Section 5-61 as is, and contact Mr. Hite regarding insurance requirements. CHAR. GAMBL ORD. Mayor Woodburn advised that he had requested the matter of the proposed Charitable Gambling Ordinance be placed on the agenda for Council discussion; intent was to determine if Council was inclined to proceed with passage of the Ordinancs" pertaining to Charitable Gambling in the City. . Peck advised he would prefer to pursue a Charitable Gambling Ordinance and he questioned how the Ordinance would affect the gambling licenses currently issued relative to "phase out". Lynden advised that there are provisions in the State Statutes for Gambling Board to notify communities of license applications and for the communities to reject the applications. He advised that in Arden Hills there is a business location f,om which gambling organizations operate and that is what prompted the ordinance provision discussions for phase out of gambling within a reasonable period of time; the amortization period must be reasonable for decision to be upheld in a court of law. He also stated the decision is based on what sort of financial investment is involved and how tenable is the business; the licenses at the location may not be approved the next year. Councilmember Winiecki suggested Council place a moritoriam on Charitable Gambling Licenses in the City of Arden Hills, not issuing additional licenses than those currently in effect, until such time as the Ordinance has been drafted. Morrison advised that the Council has the option to limit the number of licenses each year, unless the Council would be more comfortably with a formal moritoriam. . Lynden suggested that he and the Clerk A~inistrator could draft a Resolution, prior to the next regular Council meeting of October 26th. Moved by Winiecki, seconded by Peck, that Council request the City Attorney to draft a Resolution which states that Council hereby authorizes the Clerk Administrator to disapprove any additional license applications for Charitable Gambling in the City of Arden Hills, as the Attorney is currently drafting a Charitable Gambling Ordinance, and to notify the Charitable Gambling Board by forwarding them a copy of said Resolution. Motion carried unanimously. (4-0) CABLE COMM. REPORT Council was referred to Cable Committee minutes of PUB. ACCESS/BUDGET 10-8-87, relative .to the Status of the proposed reorganization of Public Access and the 1988 Budget. Bill Bauer, Cable Committee ~epresentative, was present to discuss the budget increases and explain they are primarily due to a larger portion of the administrative and secretarial salary expense being charged to this budget and less to the Access Corporation. He noted the Commisison anticipates increased time on NSCC matters in public access negotiations with Hauser. Bauer advised . that Cities have until October 15th to comment on the proposed budget; he stated that the Commission expressed no problems with the proposed budget. Bauer discussed the proposed reorganization of Public Access and noted that it seems evident Hauser would like to discontinue providing services for public access. He advised that opinions differ on what should be provided, what is criteria for measuring its success and what are the benefits. . Minutes of the regular Council Meeting, October 12, 1987 . Page 6 CABLE (Cont'd) Bauer advised he needs input from Council relative to whether or not they would like public access staffed and operated bv the ten cities as a group; or as a group with the six other svstems owned by Hauser. or is public access not an important issue to the Council. He noted that the current cost per person for public access is $2.15; it was his opinion that North Central may be agreeable to pay the cities for release from the Public Access requirements. . Mayor Woodburn advised that Council would like to receive input on how many persons use or watch the public access channels; suggested inclusion in the budget for a survey to be conducted to determine the useage. Bauer stated he would investigate the possibility of Obtaining such information and report back to Council. Council concurred with the proposed 1988 Budget, thanked Bauer for his representation this evening and extended their thanks to the full Cable Commission for a fine job. COUNTY RD. I Council was referred to a letter from Fire Chief Dan REALIGNMENT Winkel (8-28-87) and from the City of Shoreview (8-21-87), both relating to the proposed alternatives for the reconstruction of the intersection of County Road I and Lexington Avenue. After discussion, Council concurred to direct staff to send a letter to the County advising that Arden Hills has no strong preference, however, Alternatives #1 or #2 would appear to be more feasible and less expensive than . Alternatives #3 and #4. FIRE CONTRACT Mayor Woodburn and Councilmember Hansen reported on the Fire Department Contract negotiations; Mayor stated the wording for the contract would be as proposed in the draft and that the dollar amounts are still being discussed. He noted that there remains some uncertainty if the City should own Capital Equipment as we purchased it; defined Capital Items by those in the Capital BUdget. Council concurred to send the draft of the Fire Contract to the Attorney for his review and language corrections and requested the contract be returned to Council within three weeks. Council asked if the Clerk Administrator had any additions or suggestions. Morrison questioned if it would be possible to send the contract to Mr. Hite to determine insurance amount requirements and what degree of insurance liability is required with this contract. Council determined that the Attorney could advise us on both matters. Morrison also questioned if the contract could be negotiated on a calendar year . basis. Council advised this contract would be placed on a calendar year basis. . Hill~ RGTS. COMM. Council was referred to the minutes of the Human Rights MEMBER APPOINTMNT Commission meeting (10-1-87), requesting three members be appointed to fill vacancies. Mayor Woodburn recommended Howard Meyer, Mrs. Ramanik Shah and Ray Conroe be appointed to fill vacancies on the Commission; he asked staff to note expiration dates in letters sent to appointees. Moved by Hansen, seconded by Peck, that Council ratify and approve the Mayor's recommendations for appointment to the Human Rights Commission. Motion carried unanimously. (4-0) Moved by Hansen, seconded by Peck, that Council authorize the expenditure of funds for the three new members appointed to the Human Rights Commission to attend the "No Fault Grievance" training in December of 1987. Motion carried unanimously. (4-0) PURCH AUX EQUIP; Council was referred to memorandum from Public Works mw PARKS TRUCK Supervisor, 10-12-87, relative to the purchase of the box, plow, hfrist and sander for the new Parks one-ton . truck, which was purchased last summer. He advised that bids were recieved on Wadnesday, 9-30-87, and recommended that Council accept the low bid of $7,447.00 for purchase of this equipment. . # Minutes of the regular Council Meeting, October 12, 1987 Page 7 EQUIP (Cont'd) Hansen moved, seconded by Peck, that Council authorize the expenditure of $7,447.00 for the purchase of a box, plow, hoist and sander for the new one-ton Parks vehicle. Motion carried unanimously. (4-0) MISC. PUB. WKS. Public Works Supervisor Raddatz reported to Council on . the recent sewer line problems, watermain problems, and explained the statement from Perron Contractors. OTHER BUSINESS RENDERING PLANT MTG. Council discussed the proposed meeting with citizens and personnel from the Hide. & Tallow Plant. Morrison reported that two Arden Hills residents, one New Brighton resident and Dave Fridgen have confirmed attendance at the meeting. Council suggested Morrison contact other residents in the areal Mrs. Thorn, Walter Beager and Mr. Messerly, to see if they were interested in attending. ALPO FOODS Mayor Woodburn suggested that the Clerk Administrator send a letter within the next few weeks to Harvey Stewart, Mana.er of Alpo Foods, to determine what progress is being made. SPEED REDUCTION; Councilmember Peck suggested the Co~cil forward a COUNTY ROAD F letter to the County requesting a reduction to 30 mph speed limit on County Road F. . After discussion, Council concurred to direct the Clerk Administrator to send a letter to the County, advising Arden Hills has received several complaints and requesting their consideration to reduce the speed limit to 30 mph. DELIQ. UTILITY Council discussed the delinquent utility bills and the BILLS; POLICY necessity for determining a policy for handling these accounts. Councilmembers suggestions; -Two separate policies should be set up; one for commercial properties and one for residential properties whic~ should include hardship . provision. -Higher penalty should be imposed; 25%. -Letter should be sent which states that the water will be shut off in 10 days if the delinquent bill is not paid. The Clerk Administrator commented that it is her understanding the limit for imposing penalty is 8 percent; she will research the matter. She suggested that Council may consider determining a policy prior to certification of delinquent . accounts next year. Council concurred to place the matter on k future agenda for discussion. PARKS DEPTl KARATE Councilmember Hansen questioned if the Karate fees listed in the Parks Director's memorandum were correct; the 1986 fee was $15.00 per student, this year the fee is indicated at $14.00 per hour. She asked the Clerk Administrator to check the figures with Buckley. LENGTH OF MEETING Councilmember Hansen commmented that the Council meetings are extremely long; asked for suggestions for reducing the length of the meetings. REPORT OF CLERK ADMINISTRATOR LANDSCAPE INSP. Council was referred to the Landscape Inspector's NORK. CORP. CNTR report, 9-24-87, relative to the initial landscape 8 PINETREE DRIVE inspection at Northpark Corporate Center, Phase III, 8 Pinetree Drive. Moved by Winiecki, seconded by Peck, that Council . accept the initial landscape inspection report, conditioned upon replacement of the trees as recommended, and reduce the bond to a 100 percent maintenace bond for the period of one year. Motion carried unanimously. (4"0) CLAIMS & PAYROLL Peck moved, seconded by Winiecki, that Council approve Claims and Payroll as submitted. Motion carried. (4-0) < ~ Minutes of the regular Council Meeting. October 12, 1987 Page 8 ADJOURNMENT Peck moved, seconded by Winiecki, that the meeting be adjourned at 11:50 p.m. Motion carried unanimously. (4-0) . ~<i~j~.k~ -.. ob r,t . oodburn Mayor NOTICE OF MEETINGS The next regular Council meeting will be held on Monday, October 26, 1987. at 7:30 p.m., at the Village Hall. . . . " .