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Home My WebLink AboutCCP 08-30-1993 AGENDA ARDEN HILLS CITY COUNCIL MEETING . 1993 BUDGET WORKSESSION COUNCIL CHAMBERS MONDAY, AUGUST 30,1993,4:30 P.M. 1. Call to orderlroll call 4:30 pm 2. Agenda adoption. 3. 1994 Proposed budget discussion: (See attachments) a. General Fund (101) Revenue & Expenditure Summary. b. OveIView of major changes in expenditures. c. 1994 Proposed Capital Baseline Budget. d. Review of special funds - PIR, 1994 Pavement Management, Debt SeIVice, Storm Water Management, other. e. Update - Effect of Reduced Valuations . 4. Public comments. 5. Council comments. 6. Adjourn. . . . . MINUTES DRAFT CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING August 30, 1993 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone, Dennis Probst; Mayor Sather. Also present were: Public Works Superintendent, Dan Winke 1 ; City Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger; Clerk Administrator, Dorothy Person; Recording Secretary, Shar Foster. ADOPT AGENDA MOTION: Hicks moved, seconded by Aplikowski, to adopt the August 30, 1993 agenda as presented. Motion carried unanimously (5-0). APPROVAL OF COUNCIL MINUTES . MOTION: Probst moved, seconded by Aplikowski, to approve the minutes of the August 9, 1993 Regular Council Meeting as prepared. Motion carried unanimously (5-0). CONSENT CALENDAR Councilmember Malone asked that in addition to approving the Consent Calendar item "Approve Request for Door-to-Door Solicitation from Asphalt Driveway Company", the subject of door-to-door solicitation be further discussed under Council Comments for clarification. Administrator Person advised that Consent Calendar item "Approve a One-Year Renewal Contract for EZ Recycling" (item a) should be deleted from the Consent Calendar, and it is expected to be considered on an upcoming Council agenda. MOTION: Hicks moved, seconded by Malone, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0) . a. Deleted b. Approve Resolution #93-39 - Ordering a Revised Feasibility Report in the Matter of Arden Place Drainage Improvement of 1993. . c. Approve Resolution #93-40 Ordering Preparation of Plans and Specifications and Order Document for utility Easement - Arden Place Storm Sewer Project. -- ------- . Al:den Hills Council 2 August 30, 1993 . d. Set Public Hearing Date of 12/13/93 for "Truth-in- Taxation" Hearing. e. Authorize Advertisement for Bids for Public Works Vehicles. f. Approve Request for Door-to-Dool: Solicitation from Asphalt Dl:iveway Company. g. Approve List of Claims/Payroll. PUBLIC COMMENTS There wel:e no public comments at this time. Public comments with I:egard to Al:den Place drainage issues were received during Council Comments. UNFINISHED AND NEW BUSINESS CASE #93-11 - SPECIAL USE PERMIT GEORGE'S GARDEN, 1371 EIDE CIRCLE Community Planning Coordinator Fritsinger explained that for appl:oximately four years, as a hobby, George Weiss has . operated a retail sales operation at 1371 Eide Circle (George's Garden) selling perennial flowers and other plants during the months of Apri 1 to Septembel:. He noted that the opel:ation is within the R-1 zoning district and the City's zoning ol:dinance requil:es that a nUl:sel:Y opel:ation in an R-1 district secure a Special Ose Permit (SUP) . Fri tsinger explained that during a genel:al review of local businesses, staff learned that George's Garden has been operating without a required SUP. He added that the primary concern to be addressed in issuance of an SUP is the safety of the neighborhood. He noted that no complaints have been received from neighbors surrounding George's Garden. Fritsinger reported that the Planning Commission has reviewed this case and unanimously recommended approval of the SUP wi th the following conditions: l. Parking be limited to a minimum of two spaces in the driveway to reduce on-street parking. 2. All signage be approved through the City"s' slgn ordinance/permit process. (Directional signs located on Hamline Avenue to be removed. ) 3. All sales/cash transactions are to occur within the primal:Y structure (horne/garage) located on the site. 4. Any required City/County/State business licenses be . secured. 5. Sales be 1 irnited to perennial and I:elated plants (no woody-type plants, trees or shrubs.) . . Arden Hills Council 3 August 30, 1993 6. No accessory structure be added for the use of the nursery (i. e. , greenhouse) . 7 . The SUP be subject to review if any of the above conditions are not met, other concerns are observed, or a change in ownership occurs. Counci Imember Malone commented that home occupati ons typi ca 11 y are permitted only with no ext eri or activity. Fritsinger concurred, stating that this case is appropriately addressed as an SUP rather than a home occupation. Councilmembers Malone and Aplikowski expressed desire that the SUP be tied specificall y to George Weiss, that should Weiss move from the residence or 1371 Eide Circle change ownership, the SUP would terminate. Council concurred. MOTION: Malone moved, seconded by Aplikowski, relative to Case #93-11, George's Garden, 1371 Eide Circle, to approve a Special Use Permit, with the following conditions: 1. Parking be limited to a minimum of two spaces in the . driveway to reduce on-street parking. 2. All signage be approved through the City's sign ordinance/permit process. (Directional signs located on Hamline Avenue need to be removed.) 3. All sales/cash transactions are to occur within the primary structure (home/garage) located on the site. 4. Any required City/County/State business licenses be secured. S. Sales be 1 imi ted to perennial and related plants (no woody-type plants, trees or shrubs.) 6. No accessory structure be added for the use of the nursery (i. e. , greenhouse) . 7. The Special Use Permit be subject to review if any of the above conditions are not met or other concerns are observed. 8 . The Special Use Permit shall terminate immediate when George Weiss no longer resides at 1371 Eide Circle or there is a change in ownership of 1371 Eide Circle. Motion carried unanimously (S-O). CASE #93-13 - FRONT YARD VARIANCE NED & JULIE VANHAMM, 1448 INDIAN OAKS TRAIL Community Planning Coordinator Fritsinger reported that Ned and Julie VanHamm are seeking a front yard variance to allow . the construction of a 6-foot-wide roofed deck or open porch across the main portion of their house. ~ --------- ------- . Arden Hills Council 4 August 30, 1993 . Fritsinger explained that Section VI. c. 2. a of the Ordinance requires a 40-foot front yard setback, and allows a 3-foot encroachment for eaves, canopies, decks, steps. etc. if part of the principal structure. He noted that the subject house is located at the end of a cul-de-sac with the current setback ( without the proposed deck/porch) varying from 38.5 feet on the south end, 38 feet at the nearest point, and 43 feet on the north end. Summarizing these figures, Fritsinger stated that a 5-foot front yard setback is being requested (38 foot current setback at nearest point less 6 foot width of proposed deck/porch plus 3 foot permitted encroachment). Fritsinger reported that the City Planner reviewed this case and concluded that although some of the issues presented by the applicant (environmental, safety and reasonableness) are supported by the intent and purpose of the Zoning Ordinance, they do not strictly meet the requirements for the granting of a variance. The City Planner's recommendation was to approve a 2-foot front yard setback variance as a compromise. Fri tsinger explained that the Planning Commission reviewed . this case and unanimously recommended approval of the 5-foot front yard setback variance based on the following rationale: 1) Drainage from the street into the front yard causes run-off problems, creating a hardship to the property, 2) The location of the house is at the end of the cul-de-sac, therefore, there is no front yard alignment issue with neighboring houses, 3) All neighbors who would be affected by the requested variance have indicated their support for the variance and their belief that the proposed renovation would improve the neighborhood and not adversely affect anyone. Councilmember Probst stated that he will support the recommendation of the Planning Commission, but it should be clearly understood that the circumstances surrounding this particular variance request are unique, that granting of this variance would not be a precedent-setting action. Councilmember Malone concurred with Probst's comments adding that though the typical findings required for the granting of a variance may not be strictly satisfied ~n this case, it should be understood that front yard setback requirements outlined in the ordinance are intended to assure that houses ~n a line along any given street have consistent front yard setbacks. He emphasized that the subject property is located at the end of a cul-de-sac rather than being situated amongst a line of other houses, therefore, strict enforcement of the . ordinance may be inappropriate in this case. . Arden Hills Council 5 August 30, 1993 MOTION: Hicks moved, seconded by Aplikowski, to approve a 5-foot front yard setback variance to allow Ned & Julie VanHamm to construct a 6-foot-wide roofed deck or open porch across the main portion of their house at 1448 Indian Oaks Trail. Motion carried unanimously (5-0). DISCUSSION OF EXPENDITURE OF $3,500 FOR PAINTING OF CITY NAME OR LOGO ON FERNWOOD WATER TOWER Mayor Sather stated that at a recent worksession, the Council discussed the option of painting the Ci ty logo or name on the recently painted Fernwood Water tower at a cost of $3,500 and the Council was somewhat divided on this issue. Councilmember Probst expressed opposition to painting the City logo or name on the water tower based solely on the fact that $3,500 is a significant cost and the work is unnecessary. Councilmember Aplikowski commented that although she recognizes that a $3,500 expenditure is significant, she . believes painting the City logo or name on the tower would dress up the tower and signify community pride. Councilmember Malone stated that while he appreciates Councilmember Probst's opposition, he believes painting the City name on the tower will help mark and identify Arden Hi 11 s . He commented that he is aware that people living around or traveling through Arden Hills often do not know when they are in Arden Hi 11 s . He emphasized that any painting must be tastefully done. Councilmember Hicks stated that while he understands the differing positions on this matter, he ~s opposed to a large unnecessary expenditure given the demands on the City budget. Since it appeared that a motion on this matter would pass, Council discussed specifics as to the type size, font and colors to be used in painting the City name on the water tower. Consensus of Council was that the name painting, if done, should be painted on the south side of the tower with the City colors and font consistent with authorized standards. MOTION: Malone moved, seconded by Aplikowski, to authorize the City Administrator to activate the appropriate optional portion of the Fernwood water tower painting contract necessary to accomplish painting of the City name on the . south side of the Fernwood water tower. Motion carried (3-2; Probst and Hicks voted nay). Arden Hills Council 6 August 30, 1993 . REQUEST TO RECONSIDER PRIOR ACTION - RETAIL SALES FEE REFUND REOUEST VICTOR SCEVERS Councilmember Hicks recalled that victor Seevers was not ln attendance at the August 9, 1993 Council meeting when Council took action not to refund to Seevers any portion of the fee he paid for a retail sales permit. Hicks reported that since August 9 he spoke directly with Seevers and, based upon information received as a resul t of that discussion, he believes it is appropriate to reconsider the August 9 action. Hicks explained that further review of Seevers' permit application revealed that on the first day of Seevers' sales he provided the City with a copy of the agreement between the Ramada Inn and himself with regard to conducting retail sales. Hicks commented that Seevers believes, and it appears that, he acted ln good faith in holding up his end of the permit. Hicks recommend that one-half ($25) of the retail sales permit fee be returned to Seevers. . MOTION: Hicks moved, seconded by Malone, to the action reverSe taken by Council on August 9, 1993, and authorize staff to refund to Victor Seevers one-half ($25) of the fee he paid for a retail sales permit. Motion carried unanimously (5-0). COUNCIL COMMENTS Councilmember Hicks advised that he would not be attending September Council meetings Or worksession. AMM PHILOSOPHY Councilmember Malone stated he personally supports the philosophy of the Association of Metropolitan Municipalities with regard to the Metropolitan Council, (i. e. , Met Council members should be elected rather than appointed, the body should be more of a policy body than a regulatory body, etc.) . As Arden Hill s ' representative to the AMM, Malone asked if support for AMM's philosophy reflects the Council's position. Mayor Sather commented that the matter of elected versus appointed Met Council members is complex in that elected members may represent and be committed to their communities but not the larger Met Council district they represent and . campaigning for elections may be difficult; on the other hand, appointed members are oftentimes at the mercy of those making appointments '"hich may c a us e them to be less effective. . Arden Hills Council 7 August 30, 1993 WETLAND CONSERVATION ACT Councilmember Malone reminded that effective the first of the year, permanent Wetland Conservation Act rules become effective whereby two to one mitigation for wetland will be required. He commented that some cities fear WCA rules may supersede or complicate their zonJ.ng regulations. Councilmember Aplikowski commented that the Housing Committee of the Association of Metropolitan Municipalities is doing what it can to assure that those concerns are considered and addressed. UPDATE - SANDEEN ROAD SEWER Councilmember Probst recalled that on August 9, 1993, the Council had tabled consideration of Steve Nelson's requests for sanitary sewer easement vacation and sewer reconnectionj extension (3280 Sandeen Road) until August 30. He reported that Nelson and neighbors are in further discussions and this matter will likely come before Council again at a later time. . TCAAP UPDATE Councilmember Probst said he would be attending an upcoming meeting regarding the Twin Cities Army Ammunitions Plant and continued pursuit of property at that location. COUNCIL WORKSESSION Administrator Person reminded Council that a worksession must be set to finalize the 1994 City budget. MOTION: Malone movedl seconded by Probst, to set a Council worksession primarily for the purpose of finalizing the 1994 budget, for Wednesday, September 1, 1993 at 4:45 p.m. Motion carried unanimously (5-0) . DOOR-TO-DOOR SOLICITATION Mayor Sather commented that he was of the understanding that door-to-door solicitation requests approved by the Council in the past were only for non-profit organizations. Administrator Person clarified that the door-to-door solicitation request incl uded In this evening's Consent Calendar is from an organization which is not non-profit. She . added that City Attorney Fill a has advised that internal clarification is needed with regard to consideration of door- to-door solicitation requests. She noted that Filla has ---- Arden Hi 11 s Counci 1 8 August 30, 1993 . opined that limiting approvals to non-profit organizations is not possible due to commerce concerns, but the City may require proof of a County Auditor's permit (which includes the posting of a bond) as part of the approval process. Council briefly discussed how the City can advise residents of their rights with regard to door-to-door solicitation. staff was directed to investigate and report back to the Council suggestions for informing residents as to their rights and recommendations for appropriate Ordinance amendments to address this matter. MOTION: Hicks moved, seconded by Aplikowski, to make the approval of door-to-door solicitation by Asphalt Driveway Company (approved earl i er during Cons en t Ca 1 endar) sub ject to the condition that the applicant provide proof of a County Auditor's permit. Motion carried unanimously (5-0). ARDEN PLACE DRAINAGE Warren McGuire, 1553 Arden Place, stated that as of September . 15, 1993, he and his family are moving out of state and he was in attendance to answer any questions the Council may have regarding drainage problems affecting his property. Public Works Superintendent Winkel commented that a public hearing regarding the matter of Arden Hills drainage has been tentatively set for the first regular October Council meeting. Administrator Person advised that proper protocol requires review of plans and specifications prior to ordering a hearing and proper advanced notice of the hearing. No changes to tentative public hearing dates were made. EMPLOYEE REQUEST FOR REIMBUR~EMENT Administrator Person reported that employees have requested that employees who are charged by the IRS an additional interest based on the Arden Hills 1991 - 1993 Section 125 Plan be reimbursed. She commented that employees realize they had use of the funds for one to three years, however, they believe they would not be subject to the interest charge if they had not been involved in the employer-provided Section 125 Plan. Person noted that, to date, the cost to the City in correcting the problems caused by the erroneous Section 125 Plan total $4,025 ($1,250 for tax preparation fee reimbursement, $2,775 . for employee FICA, and $2,775 for employer FICA). . , . Arden Hills Council 9 August 30, 1993 Person reported that the average interest request currently is $32.00. she added that if the City reimbursed one-half of the interest to current employees only, that would total approximately $170. councilmember Hicks commented that $170 is a sma 11 price to pay to deliver a good will message to current employees that the Council cares about this situation and realizes that it was not created by the employees. Councilmember Probst concurred adding that he would support the reimbursement suggested by the Administrator with the understanding that the entire matter would then be "put behind us" and no further reimbursement of any kind would be considered. Councilmember Malone commented that the Council has attempted to display good will to the employees with each past actions relative to the Section 125 Plan, including paying FICA and other reimbursements. He emphasized that al though it is true that the employees dld not create the situation, neither did the City intend for the situation to occur. . Malone asked why the recommendation lS to reimburse only current employees. Administrator Person replied that no requests have been received from former employees and they may be difficult to locate, and the City's primary responsibility is to current employees. MOTION: Malone moved, seconded by Aplikowski, to reimburse current employees who are charged by the IRS an additional interest based on the Arden Hills 1991 - 1993 Section 125 Plan up to one-half of the interest per year. This reimbursement is to be based on employee's interest as a result of income from the City (not household income) . Motion carried unanimously (5-0) . ADJOURN MOTION: Malone moved, seconded by Ap I ikowski , to adjourn the meeting at 8:22 p.m. Motion carried unanimously (5-0) . Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator NOTICE OF MEETINGS: The next regular Councll meeting will be held September 13, 1993 at . 7:30 p.m. . CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION 93 - 42 A RESOLUTION RECEIVING THE FEASffiILITY REPORT AND ORDERING A PUBLIC HEARING ON THE IMPROVEMENT IN THE MATTER OF THE ARDEN PLACE DRAINAGE IMPROVEMENT OF 1993 WHEREAS the Feasibility Report ordered by the Council in Resolution 93 - 39 has been prepared with reference to the Arden Place Drainage improvement and was received by the City on September 10, 1993; and WHEREAS the Feasibility Report recommends that the proposed improvement is feasible from an engineering standpoint; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: . l. The City Council will consider the Arden Place Drainage improvement as described in the Feasibility Report and the assessment of the property abutting this proposed improvement for all or a portion of the cost of the improvement pursuant to Minnesota Statutes, Section 429 at an estimated total cost for the improvement of $19,750.00. 2. A public hearing shall be held before the City Council on the proposed improvement on the 11th day of October, 1993, at 7:30 o'clock p.m. at Arden Hills City Hall. 3. The City Administrator shall provide ten days mailed notice and two weeks published notice on the hearing as required by law. Passed and adopted this 13th day of September, 1993. TI:omas R. Sather, Mayor ArrEST: . Dorothy A. Person, City Administrator 026-1003.sep 520-026-20 . CITY OF ARDEN HILLS RAMSEY COUNTY, MINNESOTA RESOLUTION 93 - 43 A RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS IN THE MAITER OF THE ARDEN PLACE DRAINAGE IMPROVEMENT OF 1993 WHEREAS pursuant to Resolution 93 - 40, the Project Engineer has prepared plans and specifications for the Arden Place Drainage improvement, which plans and specifications have been reviewed by the City; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: 1. Such plans and specifications, a copy of which is attached hereto and incorporated herein by this reference, are hereby approved. 2. The City Administrator shall prepare and obtain the publication of an advertisement for . bids for the making of the improvement pursuant to the attached plans and specifications. The advertisement shall be published once each week for two consecutive weeks, shall specify the work to be done, and shall state that the bids will be received by the City Administrator until 10:00 a.m. on September 27, 1993, at which time the bids will be publicly opened in the Council chambers of the City Hall by the City Administrator and the Project Engineer and will then be tabulated for consideration by the City Council at a meeting thereof at 7:30 o'clock p.m. on September 27, 1993, in the City Council chambers at City Hall. No bids will be considered unless sealed and filed with the City Administrator and accompanied by a cash deposit, cashier's check, bid bond, or certified check payable to the City Administrator in the amount of 5 % of the amount of such bid. Passed and adopted this 13th day of September, 1993. Thomas R. Sather, Mayor ATTEST: Dorothy A. Person, City Administrator . 026-1003 .sep 52lHl26-20 AGENDA ARDEN HILLS CITY COUNCIL MEETING . COUNCIL CHAMBERS MONDAY, AUGUST 30,1993,7:30 P.M. 7:30 PM 1. Call to order/roU call 7:30 PM 2. Agenda Adoption 7:30 PM 3. Approval of minutes for meeting of August 9 7:30 PM 4. Consent calendar a. Approve a 1 year renewal contract for EZ Recycling. b. Approve Resolution #93-39-0rdering a Revised Feasbility Report in the Matter of the Arden Place Drainage Improvement of 1993. c. Approve Resolution #93-40-0rdering Preparation of Plans and Specifications and Order Document for Utility Easement for Arden Place Storm Sewer project. d. Set Public Hearing date of 12/13/93 for "Truth-In-Taxation" hearing. e. Authorize Advertisement for Bids for Public Works Vehicles. f. Approve request for door-to-door solicitation from Asphalt Driveway Co. g. Approve List of Clain15/Payroll. . 7:35 PM 5. Public comments 7:40 PM 6. Unfinished and New Business a. Planning Commission Recommendations: 1) Case #93-11, Recommendation to approve Special Use Permit for George's Garden, 1371 Eide Circle-SUP. 2) Case #93-13, Recommendation to approve Front Yard Variance for Ned & Julie VanHamm, 1448 Indian Oaks Trail. b. Discussion of expenditure of $3,500 to paint City name/logo on Femwood Water tower. c. Request to reconsider motion relating to the request for a refund of retail sales fee of $25.00 - Victor Seevers. 8:00 PM 7. Council comments 8: 15 PM 8. Adjourn SEPTEMBER MEETINGS OCroBER MEETINGS September 1 - Planning Comm. 7:30 pm October 6 - Planning Comm. 7:30 pm September 6 - HOLIDAY/Labor Day October 11- HOLIDA YIColumbus Day . September 8 - Human Rights, 7:30 pm October 12- Council Meeting, 7:30 pm September 13- Council Meeting, 7:30 pm October 13- Human Rights, 7:30 pm September 16- Public Saf/Wks, 7:30 pm October 19- CC Worksession. 4:30 pm September 21- CC Worksession, 4:30 pm October 21- Public Saf/Wks, 7:30 pm September 23- Finance Comm. 7:30 pm October 25- Council Meeting. 7:30 pm September 27- Council Meeting, 7:30 pm October 26- Park/Rec Comm. 7:30 pm September 28- Park/Rec Comm. 7:30 pm October 28- Finance Comm, 7:30 pm . CITY OF ARDEN HIIUl . MFHE\NOOK TO: Mayor and 00\mC; ''''''''''''1:8 ~ FRCM: Dorothy A. Person, city J\dm;n;strator ~ DATE: August 27, 1993 SUBJECT: 1\dministrator n .,.,...,ts L.. CClNSENl' Cl'J..ENIlAR a. E-Z Recycling - Request to renew the E-Z Recycling contract for a period of 1 year. As issues are requested for review, it would be appropriate to renew a 1 year contract in lieu of a 2 year contract. b. Fornal request to authorize staff consultants Maier stewart to prepare the Plans and Specifications; and to research and order the appropriate doctnnent f= the City to acquire an utility Easement on the affected properties for the Arden Place stonn Sewer Improvement project. . c. A Feasibility study was completed in September 1991 by Maier stewart. An up:la.ted report relating to the Arden Place stann Sewer Improvement project would be completed. d. Set Public Hearing date of 12/31/93 (Council Meeting) f= the pw:pose of the "Truth- In-Taxation" hearing. The basic requirements are not to conflict with dates chosen by other joint Metro/County/School District governmental units and between 11/29/93 and 12/20/93. The state has mandated that the hearings include and "increases and decreases of the total bldget including employee salaries and benefits and the costs of consultants and other independent contractors f= the prior year, current year, and the proposed budget year". e. council is requested to authorize advertisement for quotations and/or bids for the 1993 budgeted equipment 1tihich include: 1- One extended cab mid-size pickup as replacement for the superintendent I s current vehicle, approximate cost $17,000, budgeted amount $20,000. 2. One cutaway van chassis as replacement f= current water van, approximate cost $17,500, budgeted amount $20,000. 3. One custom body section to be added to the cutaway . van, approximate cost of $11,500, budgeted amount $15,000. /, , ;, '\' I , , ,7 . 4. One medium size front end loader with plow and wing attachment as replacement for J.D. 544 tract=, approximate cost of $100, 000, buclgete:i amount $96,000. '!he trade-in value is approximately $30,000. f. A request has been received by staff from Asphalt Driveway Corrpany to canvass door-~oor in Arden Hills from August 10 tlll:u November 1, Monday through Saturday from 9:00 am - 4:00 pm. '!his group is looking to solicit homeowners for asphalt driveway installations . II. UNFINXSHED AND NEW BUSINESS PLANNING: a. You have previously received the infonnation on two items for Planning Cormnission. No changes at this time. b. '!he city has an option re: whether to paint the City logo/name on the Fernwocx:l Water tower. '!he cost to paint either the name = name/logo is $3,500 for one side of the tower. c. Retail Sales vendor, victor Seevers, has contacted Council1nember Dale Hicks and is requesting Council to reconsider their decision to deny his request f= reimbursement of 1/2 of the retail sales fee of $25.00. Upon further review of this permit awlication, it was found that on the first day of the sale, Mr. Seevers provide:i . the City with a copy of the agreement between the Ramada Inn and himself. On this Agreement it notes special instructions that the side lawn will be used and to make sure the lawn is IOCMed. Due to this new piece of infonnation, staff con= that Council reconsider their motion and approve the refund of $25.00 to Mr. Seevers. d. Nelson sewer vacation and realignment - A breakdown in settlement has been reported between Nelson and Klawitters hookup to the City street in the sewer. Nelson is pursuing other options. He mayor may not be prepare:i f= a presentation on Monday. '!he only City involvement at this time is to have our Engineer review and recommend for Council approval any sewer reconnect ion and vacation. III. MISCE:LLANEXlUS a. In order to make an effort to have a full council at worksessions, the Council may wish to begin having them on another night. Working with schedules, it seems the 3rd Wednesday may be best to meet needs. If Council agrees, a motion to change dates would be in order. . ---- . . b. Section 125 - Two employee requests have been received asking the City to pay the interest a=ued on back taxes. As you know, the employees did have the use of the furds for 1-3 years, yet, the employees feel they wouldn I t have this charge if they had not been in this employer provided plan. '!he cost to the City to elate of re:i1nb.lrsing employees is: $1,250 Tax preparation fee re:iJnburse!ren 2,775 Elrployee - FICA 2.775 Elrployer - FICA $4,025 '!he average interest currently is $32.00. If all requested similar reilnl:m:sement, the city's costs could be up to $390.00. Or, the city may share the costs with current employees only totalling approximately $170.00 I recommend that the following motion be made: CUrrent Arden Hills employees who are charged by the IRS an additional interest based on the Arden Hills 1991-1993 Section 125 Plan, will be rei1nbursed by the city up to 1/2 of the interest per year. . DAP:rk . . 1- . DRAFT MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING August 9, 1993 7:30 P.M. - City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Acting Mayor Hicks called to order the regular City Council meeting at 7: 30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Dennis Probst. Absent: Mayor Thomas Sather, Councilmember Paul Malone. Also present were: City Engineer, Terry Maurer; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger; Clerk Administrator, Dorothy Person; Recording Secretary, Shar Foster. ADOPT AGENDA MOTION: Aplikowski moved, seconded by Probst, to adopt the August 3, 1993 agenda as presented. Motion carried unanimously (3-0). . APPROVAL OF COUNCIL MINUTES MOTION: Aplikowski moved, seconded by Probst, to approve the minutes of the July 26, 1993 Regular Council Meeting as prepared. Motion carried unanimously (3-0). CONSENT CALENDAR MOTION: Aplikowski moved, seconded by Probst, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (3-0). a. Approve request for door-to-door solicitation from citizens for a Better Environment. b. Approve request to correct minutes from May 10, 1993 Council meeting under heading "Public Comments - Limited Parking Near.Mounds view High School". c. Approve List of Claims/Payroll. PUBLIC COMMENTS Public comments were invited at this point and also later in the meeting. There were no public comments at this time. . (See "Public Comments" heading later . . + ) In mlnu~es, - ( . . Arden Hills Council 2 Auqust 9, 1993 UNFINISHED AND NEW BUSINESS SEWER EASEMENT VACATION & SEWER RECONNECTION/EXTENSION REQUEST STEVE NELSON, 3280 SANDEEN ROAD Public Works Superintendent Winkel stated that staff and City Engineer Maurer have developed options to deal with Steve Nelson's request to vacate the existing sewer easement over his property and reconnect sewer service to his home. Engineer Maurer explained there is an existing sewer easement on the Nelson property at 3280 Sandeen Road which presents extreme difficulty in building on the property because the easement 1 i es across the typical building envelope of the property. Maurer added that there are about 14 homes (including Nelson's) along Lake Johanna that presently receive sewer service from a sewer line that lies between those homes and the lake. He stated that locating sewer lines between homes . and lakes is generally not considered appropriate due to potential for adverse environmental impact on the lake should integrity problems arise within the sewer system. Maurer explained that there is an existing sewer line along Sandeen Road to which the Nelson home could connect and which would provide a much better service location than the existing situation. He illustrated the two alignment options for connection to Sandeen Road as follows: - Option 1 would be a straight line approach whereby the Nelson home and the Klawitter property at 3262 Sandeen Road would connect to available sewer service located within Sandeen Road. This option would require cooperation from Nelson's adjacent neighbors, the Klawitters, because the straight line configuration would require crossing the Klawitter property. Without cooperation from the Klawitters, this option is not possible. This option is preferred by City staff, the City Engineer and Nelson. - Opti on 2 (referred to as the "zig-zag" alignment) would not require cooperation from any neighbors because the entire alignment would lie on the Nelson property, however, this alignment would include a severe bend in . the sewer linel which is potentially problematic and difficult to maintain, therefore, not. a preferred option. . Arden Hills Council 3 August 9, 1993 Maurer added that another alternative for Nelson would be to seek variances to front yard and side yard setbacks rather than seeking vacation of the existing sewer easement. Councilmember Hicks noted that the "zig-zag" alignment (Option 2) inel udes an extreme bend; he asked if that bend could be redesigned to be less extreme. Nelson replied that the reason for the extreme bend is to preserve and protect existing mature trees on his property. Nelson expressed concern for potential environmental hazards created by the existing sewer line which runs between homes and the lake. He commented that it is an appropriate approach to gradually eliminate sewer lines in such close proximity to the lake and eventually connect homes along the lake to sewer service from the street. Nelson stated that City Administrator Person has facilitated communication between he and the Klawitters, and very recently a proposed agreement was presented to the . Klawitters with the latest indications being that they may accept the terms of the agreement, making the preferred straight line Option 1 alignment possible. He added that he prefers the straight line alignment in accord with staff and the City Engineer. He noted, however, that if the less preferred Option 2 is ultimately chosen, he hopes that no more than a IS-foot easement would be needed along the sideyard of his property. Councilmember Aplikowski asked if it is known why the Klawitters have been hesitant to cooperate. Mrs. Klawitter stated that their concern relates to preservation and protection of existing mature trees on their property. Councilmember Probst commented that with or without the Klawitter's cooperation, there appears to be an option for Nelson to connect to service available in Sandeen Road so the existing sanitary sewer easement could be vacated. MOTION: Probst moved, seconded by Aplikowski, to approve the vacation of the existing sanitary sewer easement across steve Nelson's property at 3280 sandeen Road, to be effective at such time as new construction is accomplished and sanitary sewer connection to service within Sandeen Road (either by the preferred straight line alignment referred to as Option 1 or by the Hzig- . zag" alignment referred to as Option 2) has been completed. Arden Hi 11 s Counci 1 4 August 9, 1993 . Prior to acting on this motion, the following discussion took place: Nelson stated that since recent negotiations with the Klawitters appear to be promising, and since he does not plan to build on his property in the near future, rather than possibly vacate the existing sanitary sewer easement prematurely, he would prefer to wait until negotiations with the Klawitters have been resolved. He suggested Council delay action regarding vacation of the existing easement until the next Counci 1 meeting. Councilmember Probst withdrew his motion. MOTION: Aplikowski moved, seconded by Probst, to table consideration of steve Nelson's requests for sanitary sewer easement vacation and sewer reconnectionl extension until the August 30, 1993 regular meeting of Counci 1 . Motion carried unanimously (3-0). REQUEST FOR REFUND OF RETAIL . SALES FEE - VICTOR SCEVERS Administrator Person recalled that in June 1993 victor Seevers applied for and was issued a retail sales permit to conduct rug and art retail sales at the corner of Lexington Avenue and County Road E at the Ramada Inn property. She reported that Mr. Seevers has now requested a refund of one- half of the fee he paid for a retail sales permit on the premise that the City voided the permit part way through the time he had planned to conduct retail sa 1 es . Person explained that Mr. Seevers paid the usual $50 fee for a retail sales permit. She noted that Mr. Seevers had indicated his desire to conduct retail sales during four separate time intervals between June 28 and September 24, 1993. She added, however, that the $50 fee Mr. Seevers paid is a flat fee charged by the City regardless of the time period or the number of times the appli.cant intends to conduct retail sales. Person recalled that on June 28, 1993, Counci 1 took action making Mr. Seevers' permit null and void after July 2 due to concerns relating to disturbance of City flowerbeds and sales being conducted within right-of-way. She reported that Mr. Seevers bases his request for a refund of one-half . of the fee on the premise that he was not allowed to conduct retail sales for the entire time he had intended. ,. . Arden Hills Council 5 August 9, 1993 Person commented that staff followed usual procedures in issuing the permit and since the $50 fee is a flat fee not tied to specific sales periods, staff's position is that Mr. Scevers is not due a refund. She asked for Council direction. Councilmember Aplikowski asked if staff ever issues refunds for collected fees. Person stated that it may be appropriate to provide refunds in unique situations such as when an application is not acted upon by the City, or when a permit it not used at all. She cited the recent bingo license application from C. G. Rein/Dennis Cavanaugh as an instance where a fee was appropriately refunded. As a related matter. Councilmember Aplikowski commented that communication may need to continue between the City and the Ramada Inn to assure that the Ramada clearly understands how they are to handle retail sales on their premises. Councilmember Aplikowski commented that the City did not act . in bad faith when issuing the permit to Mr. Seevers, therefore, she concurred with staff's position that a refund is inappropriate. MOTION: Aplikowski moved, seconded by Probst, not to refund to Mr. Seevers any portion of the fee he paid for a retail sales permit. Motion carried unanimously (3-0). ADMINISTRATOR COMMENTS RESCHEDULING OF COUNCIL WORKSESSION Due to anticipated absences of Councilmembers on August 17, Administrator Person suggested the Council worksession currently scheduled for August 17 be postponed to August 24. She reminded Council that the second regular August Council meeting will be the fi fth Monday of Augus t , August 30. MOTION: Probst moved, seconded by Aplikowski, to postpone the August 17, 1993 Council worksession until August 24, 1993 in consideration of anticipated Council absences. Motion carried unanimously (3-0). SUPERFUND ABATEMENT HEARING Administrator Person announced that the superfund abatement . hearing for the Twin Cities Army Ammunitions property is scheduled to take place 7:00 p.m. August 19, 1993 at the Shoreview Community Center. ---- ---- q Arden Hills Council 6 August 9, 1993 . PUBLIC COMMENTS Members of the public who arrived later in the meeting were invited to present public comments at this time. Dale Noyed, 3505 Ridgewood Road, recalled that about a year ago affected residents and the City attempted to address ongoing drainage problems in the Arden Place neighborhood, but due to opposition and lack of support from the neighborhood. no solution was arrived at. He reported that he continues to pump water from his property and now his neighbor, Warren McGuire, is having difficulty selling his property due to the drainage problems in the area. Warren McGuire, 1553 Arden Place, stated that drainage problems in his neighborhood are now at their worst due to heavy rainfall this summer and spring. He commented that it appears the neighbor (Mr. Johnson) who opposed the recommended solution last summer may now cooperate in implementing a solution. He recalled the property in the area was originally deemed buildable if drainage problems . were addressed, and to date, they have not been addressed. Councilmember Hicks recalled that the City made a concerted effort last summer to arrive at a solution to the drainage problems in this neighborhood by preparing an analysis of the situation and proposing the installation of a pipe whereby water would ultimately flow to the nearby lake. Howeverl due to opposition and lack of support from the neighborhood, the City abandoned those plans. He asked staff if there is any possibility of again trying to unclog the existing drainage pipe to solve the problem. City Engineer Maurer reported that he, Public works Superintendent Winkel, Mr. Noyed and Mr. Johnson have met recently and it appears that Mr. Johnson may now be willing to reconsider the solution proposed last summer subject to some reasonable conditions. He suggested that the Council revisit the matter in light of that new information. Councilmember Probst commented that there is likely still a question as to who will pay for the project. Maurer recalled that the solution presented 1 ast summer was at an estimated cost of $10,000 to $15,000. Maurer added that the project could be paid by the City, by assessment, by the Storm Water Management Utility, or any combination of these. . Noyed commented that the ori.ginal builder of the home (Wally Bauer) has indicated his willingness to make a financial contribution. Noyed added that it appears that the cost of acquiring necessary easements would be minimal. . ' . . . Arden Hills Council 7 August 9, 1993 Councilmember Hicks suggested this item be placed on the next Council worksession agenda for further discussion. He added that it would be helpful to know to what degree Bauer is willing to contribute to the cost of the project. McGuire commented that, last summer I neighbors strongly opposed an assessment and he believed they would still object to an assessment. COUNCIL COMMENTS HUMAN RIGHTS MEETING SCHEDULE Councilmember Probst commented that, to his knowledge, there wi 11 be no Human Rights meeting in August, contrary to the schedule printed at the bottom of this evening's agenda. CITY FLOWERBEDS Councilmember Aplikowski commented that she continually hears positive comments about the City flowerbeds throughout . the City; she publicly thanked those volunteers who planted and maintain the beds. STORM WATER MANAGEMENT UTILITY RATES FOR ARDEN HILLS TOWNHOMES Referring to an August 4 memorandum from City Accountant Terry Post regarding surface water management rates for the Arden Hills Townhomes, Councilmember Hicks asked for clarification as to how the rates were established. City Engineer Maurer explained that storm water management uti 1 ity rates established for Arden Hills Townhomes are comparable to and modeled after rates from surrounding communities and reflect the fact that townhomes generally are more dense development than single family homes and have more impervious surface generating more run-off than typical single family properties. ADJOURN MOTION: Probst moved, seconded by Aplikowski, to adjourn the meeting at 8:12 p.m. Motion carried unanimously (3-0). . Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator ~ . ' , . . Arden Hills Council 8 August 9, 1993 NOTICE OF MEETINGS: The next Council worksession will be held August 24, 1993 at 4:30 p.m. at City Hall. The next regular Council meeting will be held August 30, 1993 at 7:30 p.m. at City Hall. . . . . ' , ,.., CONSULTING ENGINEERS . Maier Stewart & Associates Inc. August 25, 1993 File: 520-026-10 Ms. Dorothy' Person City Administrator City of Arden Hills 1450 West Highway 96 Arden Hills, MN 55112 RE: ARDEN PLACE DRAINAGE IMPROVEMENTS Dear Ms. Person: Following Tuesday night's City Council discussion at the workshop regarding the Arden Place drainage improvements, we have prepared the attached draft resolution which authorizes the feasibility study for the installation of storm sewer from the north side of Arden Place outletting at Lake Johanna. As we discussed with the City Council, this feasibility study will detail the . proposed improvements, estimated costs, and can deal with assessments in terms of a wide variety of different ranges. That way the City Council will not need to make a final decision on assessment rate or even if there is to be an assessment until after the public hearing and prior to the assessment hearing. As you are aware, this project was first looked at with the preparation of the feasibility study in September of 1991. Therefore, the preparation of a new study is simply revising the previous one and upgrading costs and assessment issues. For the benefit of the new Council members, I have also attached a copy of Exhibit No. I from that previous study which shows the eight parcels north of Arden Place which were proposed to be assessed. Hopefully, this will help the Council members to begin to consider various assessment alternatives and the affect this would have on the total project cost of $15,000 to $20,000. In addition to ordering the feasibility study, I would recommend that the City Council give direction to proceed with the preparation of plans and specifications and acquisition of necessary easements. We suggest that the City Council consider holding the public hearing and the assessment hearing the same evening, and that possibly this should be done after the project plans have been prepared and a bid has actually been received. This will give us an opportunity to talk about various assessment levels relative to an actual bid. We believe all these issues could be accomplished through the month of September and the hearings could be scheduled for the first meeting in October, and a bid awarded at that meeting also. . 1959 SLOAN PLACE, SUITE 200, ST PAUL, MINNESOTA 55117 612-774-6021 9800 SHELARD PARKWAY, SUITE 102, MINNEAPOLIS, MINNESOTA 55441 612-546-0432 . Equal Opportunity Employer . , . Ms. Dorothy Person August 25, 1993 Page Two If you have any questions or comments regarding this information, please call. Sincerely, MAIER STEWART & ASSOCIATES, INC. ~~ ' {bUt: . ~Uvt.eJ Terry J. aurer, P.E. TJM:tp Enclosures 026-2S07.aug . . . CITY OF ARDEN IDLLS RAMSEY COUNTY, MINNESOTA RESOLUTION 93 - ]2.. A RESOLUTION ORDERING A REVISED FEASffiILITY REPORf IN THE MATTER OF THE ARDEN PLACE DRAINAGE IMPROVEMENT OF 1993 WHEREAS the City has determined that it should consider improving certain property by installing storm sewer facilities (the improvement); and WHEREAS a feasibility study was previously prepared and approved in September 1991, and WHEREAS Council must first order a revised feasibility study in order to consider making the improvement; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: . This matter shall be referred to Maier Stewart & Associates, Inc., who is requested to provide to the City Council a report advising, in a preliminary way, whether the proposed improvement is feasible and whether the improvement should thus be made as proposed or in connection with some other improvement and the estimated cost of the improvement as recommended. Passed and adopted this day of , 1993. Thomas Sather, Mayor ATTEST: Dorothy Person, City Administrator . 026-2507..ug . CITY OF ARDEN HILLS RAMSEY COUNTY, MlNNESarA RESOLUTION 93 - 40 A RESOLUTION ORDERING PREPARATION OF PLANS AND SPECIFICATIONS IN THE MATTER OF THE ARDEN PLACE DRAINAGE IMPROVEMENT OF 1993 WHEREAS the City Council has duly considered the revised feasibility report, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: 1. Maier Stewart & Associates, Inc., is hereby designated as Project Engineer for this improvement. The Project Engineer is directed to prepare plans and specifications for the making of the improvement and the solicitation of competitive bids. . . 2. City staff is hereby directed to prepare and obtain easements nece.~ary to implement construction of the improvement. Passed and adopted this day of , 1993. Thomas Sather, Mayor ArrEST: Dorothy Person, City Administrator . 026-2607,aug . . . c <{ ~ 0 a:: c 0 ~ w C> C 0-' a:: 0<'> "'", ~ :!lG'j VI 0-' fJJ 0'-' "'", "'::>: '" '" VI Q {fJ "(' 0 I- 0-' 0:: a:: 0<'> ~'" ::J '" ::>: C "'w 0 VI ~~ 0 () 8 0 ARDfN P II ~ W " C> " """ Cl A.RDEN PlA. Ji" a:: CE IX" :<" C/) """ ~ J21 "''' lii (:>" """ ;=" '" xli "''' " L1 TO LAKE B -JOHANNA ~.;.;'rM ~~[)=(]~~~U 1] ARDEN PLACE Maier Stewart DRAINAGE ISSUES k Associates Ine. -..- -