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HomeMy WebLinkAboutCC 11-12-1991 \ , MINUl'ES OF 'IHE ARDEN HILlS REGUlAR OXlNCn. MEEI'ING TUESDAY, NOVEMBER 12, 1991, 7:30 P.M. - CITY HALL . CALL 'IO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meetim to order at 7:30 p.m. KILL CALL '!he roll beim called the followim members were present: Mayor '!hamas Sather, Councilmembers Paul Malone, JoAnn Growe, '!hamas Mahowald and Dale Hicks. Also Present: Planner John Bergly, Attorney Jerry Filla, Engineer Mark Graham, Parks Director John Buckley, Public Works SUperintendent Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iaga. ADOPI' AGENDA MahcMald moved, seconded by Malone, to adopt the November 12 Agenda as suJ:xni.tted. Motion carried unanimously. (5-0) APPROVE Moved by Hicks, seconded by Growe, to approve the MINUl'ES October 15 and 28 Council Minutes as suJ:xni.tted. Motion carried unaniIrously. (5-0) CONSENT Malone moved, seconded by Growe, to approve the Consent CALENDAR Calendar as suJ:xni.tted and authorize execution of all necessary documents contained therein: a. Resolution No. 91-58, Appropriate MSA FUnds, County Road E. b. Approve List of ClaiIns and Payroll. Motion carried unanimously. (5-0) . CASE #91-21; Council was referred to the Planner's report and first SITE PLAN REVIEW page revision and the Planning Commission minutes dated EMERi. GENERA'IOR, 11-6-91, relatim to the site Plan Review application for BElHEL 0):LLEX::E installation of an emergency generator at Bethel College. Planner Bergly explained the College is proposim to add an emergency generator to the Can'q;lus in conjunction with the development on an Emergency Preparedness Plan. He stated the generator facility is proposed to be located on the east side of the Campus, near the Hamline Avenue entrance, and due to the fact the generator Il1USt be located near power lines to provide acx:ess for power to the equipment. Bergly noted the recammendation that the generator be placed as far to the east as possible to minimize viewim the structure from off-campus and to provide more separation from the parkim lot. He explained the Planning Commission recommended approval of the proposal, with the four conditions listed in the Planner's report, and an additional condition which states that the structure be identified on the Master Plan for Bethel Campus. '!he Planner advised the College has a Master Plan for the Campus and operates under a Special Use Permit, which stipulates that development proposals that are consistent with the Master Plan be reviewed under the site Plan Review procedures and would not be considered as amendments to the SUP. He explained the generator was not indicated on the Master Plan and elements of this nature are not usually not shown on Master Plans of this scale. '!he Plannim Commission further . recommended that the structure be shown on the Master Plan for future reference. -.--.--- . Minutes of the Arden Hills Regular Council Meeting, 11-12-91 Page 2 . CASE #91-21 (COnt'd) CoImci1membe.r Malone questioned if the sound level of the generator would =eate a nuisance and if information regarding the sound level is available. craig Hjelle, Director of the Physical Plant for Bethel COllege, advised he has information from the ziegler COnpany (supplier of the generator) regarding the design of the facility, which provides 2-inch fiberglass insulation and a perf=ated metal inner liner in the side walls and roof. He further explained that Ziegler calculated the maximum noise level at 56 decibels at 100 feet fram the right side of the enclosure, and at 100 feet fram the remaining sides the noise levels will be reduced approximately 5 to 10 decibels less. Hjelle advised that the letter fram Ziegler in::licates typical road noise in a residential setting is approximately 56 to 60 decibels. He noted he has seen a generator of this type in operation at there is little noise at 100 feet fram the facility. He explained the closest residential area is located on Campus and is approx:i1nately 600-700 feet from the facility. Councilmember Malone expressed concern relative to the sound in=easing as the equipment ages and questioned what recourse the city would have if the noise becomes a problem. Hjelle stated the equipment will be maintained by the COllege to meet the :minimum design standards. He explained there will be a regular maintenance check on the equipment. . 'Ihere was discussion relative to enforcement of noise or nuisance Ordinances if the sound of the generator becomes a problem. Attorney Filla explained noise/nuisance regulations are difficult to enforce. He indicated it would be preferable to attach a stipulation which states that the equipment llDJSt not exceed a reasonable decibel level. Hicks moved, secorrled by Malone, to approve Case #91-21, site Plan Review for installation of an Emergency Generator at Bethel COllege, 3900 Bethel Drive, conditioned upon the following: 1. That the generator be placed as far to the east as possible, as in::licated by the Planner in his report dated 11-6-91. 2. That retaining walls be used to allow the unit to be wilt into the slope to keep the profile as low as possible. 3. That a dark brown color be used to coordinate with other campus elements. 4. That the generator be shown on the Campus Master Plan for future reference. 5. That the Planner establish a reasonable decibel sound level at 100 feet fram the generator unit and the applicant be required to maintain the established sound level. Motion carried unanimously. (5-0) CASE #89-10; Council was referred to the Planner's report and Planning AUlliORIZE DISI'RIB. Canunission minutes dated 10-31-91, regarding the . OF EAW REPORI', suhnission of the Environmental Assessment WOrksheet for CPI, HAMLINE AVE. the PUD on the Cardiac Pacemaker site. Minutes of the Arden Hills Regular Council Meeting, 11-12-91 Page 3 . CASE #89-10 (Cent 'd) The Planner stated this re]Xlrt has been reviewed by the City staff and council auth=ization is necessary to forward the report to other goverrunental agencies f= review. He outlined the action necessary, as listed in the Plarming commission recammendation. Bergly advised that the other goverrunental agencies will subnit carmnents on the re]Xlrt and staff will forward the intornation to Planning commission and Council. Councilmember Malone questioned if it appears that an Envirorunental Impact statement will be needed. Planner Bergly stated it does not appear that an ErS is necessary. Counci1member Malone discussed the Engineer's letter dated 11-4-91, which states there are no other develO];l'llel1l:s or improvements which would further ~ct the intersection of Hamline and County Road F. He questioned if the CPI phased development was =nsidered when forwarding the letter. Engineer Graham advised there is a threshold limit at which a signal is warranted and further development at CPI does not change the warrant f= signalization. Mahowald IOOVed, seconded by Growe, that Council auth=ize staff to execute the following actions in =njunction with the Environmental Assessment Worksheet for Case #89-10, Cardiac Pacemakers, Inc.: 1. Distribute the EAW to the appropriate review agencies. . 2. Request that the EQB publish notice. 3. Send a press release to the local newspaper for publication. 4. Receive written comments fram the review agencies. 5. Report back to the Planning commission and Council after the 30 day carmnent pericxi with the responses to the public comment and final recammendation as to whether an ErS or other envirorunental analysis will be required. Motion carried unaniloously. (5-0) SCHEDULE MIG; Plarmer Bergly re]Xlrted to Council that the Planning OFFICIAL MAP, commission detennined an intornational meeting on the SHORELINE U\NE Shoreline Lane extension alternatives be held in January or February 1992. DISCUSSION; Council was intrcxiuced to Coralie Wilson, Executive CABLE T\! ACCESS Director of North surorbs Community Television. Ms. Wilson advised she is present to update Council on the North surorban Cable Camnission and A=ess Corporation. She indicated the res]Xlnsibility of Cable Commission is to oversee the cable franchise which Arden Hills awarded to Cable T\! North Central. Wilson stated the commission has been in existence since 1980. Wilson reviewed the substantial rate in=eases for cable customers since the 1984 Cable Act deregulated cable subscr'iber rates. She stressed the i.rrp:lrtance of enacting the proposed. Legislative Bill H.R. 3560, which addresses several . =ncerns identified by the Cable commission, prior to expiration of the existing cable franchise. She irxiicated the proposed legislation addresses customer service =ncerns and would stimulate competition in the cable television industry, while giving local governments the interim authority needP<l to protect cable subscr'ibers fram unfair rate in=eases and other abuses by cable operators. --.- Minutes of the Arden Hills Regular Council Meeting, 11-12-91 Page 4 . CABLE (Cont'd) Wilson explained she is requesting the ten member cities support the prqx:>sed legislative bill H.R. 3560, which adeqUately addresses most of the concerns expressed by the Cable Cammission, by fOrwarding a letter to their respective Congressional representatives. She advised she would forward a sample letter to the City. There was discussion between Council and the Executive Director regarding issues relating to the cable franchise. Infomational packets were distri.hJ.ted to eouncil1nernbers . eouncil1nernbers thanked Ms. wilson for her attendance and providing pertinent information on cable issues. RES. #91-58; Council was referred to the memorandum fran the Clerk AMEND. !DAN Administrator dated 11-8-91, relative to the prqx:>sed AGREEMENT, PEl' amendment to a Loan Agreement with Pet Care partnership, CARE PAR!NERSHIP Dr. Richard H. Routhe, DVM. 'Ihe Clerk Administrator referred to the attachments relating to this matter and advised. the city Att=ney has reviewed the information suhnitted by Dr. Routhe. Berger stated this is a matter which is tedmical in nature and provides a service to Dr. Routhe and the community. eouncilmember Malone questioned the amount of the outstanding capital on the =iginal note. . Administrator Berger advised he was unable to reach Mr. Casserly this date to confirm the amount and the interest rate. Dr. Routhe stated he is unaware of the amount. Hicks lllOved, seconded by Malone, to adopt Resolution No. 91-59, AUIHORIZING EXIDJI'ION AND DELIVERY OF AMmrMENr NUMBER ONE 'ID WAN AGREEMENT BEIWEEN 'mE CITY OF ARDEN HILlS AND PEl' CARE PAR!NERSHIP. Motion can-ied unanimously. (5-0) STATUS REPORl'; Council was referred to a letter from Engineer Mark ARDEN PIACE Graham dated 11-7-91, relating to the issues discussed DRAINAGE ISSUES at the IInprovenle11t Hearing f= the Arden Place stonn Sewer project, which was held on 10-28-91- Engineer Graham reported he contacted the owner of the property located east of Ridgewocx:l Road, where there is an existing pending area. He advised the property is owned by the Lake Johanna Beach Club and the President of the Club indicated there does not appear to be any problems with placing a pipe to drain runoff into this area, if the proper easements are obtained by the city. Graham stated he again contacted the Rice Creek Watershed District to discuss the water quality issues and the effects of directing additional runoff to Lake Johanna. He advised RaID maintained that the amount of runoff would have a very insignificant :impact in the overall water quality of the lake. . The Engineer explained he was not able to conduct a field review to determine if it is possible to drain runoff to the ponding area east of Ridgewood Road, due to the unusual early onset of winter and the heavy snowfall. Minutes of the Arden Hills Regular Council Meeting, 11-12-91 Page 5 . ARDEN PIACE (Cont'd) Graham recommended that the further study of the project be delayed 1.U1til the spring of 1992, since sane amount of field verification is needed to estimate the cost f= the alternative proposal of directing the runoff to the porxling area to the east of Ridgewood Road. eouncil1nember Mahowald questioned if any cost analysis was computed. Graham stated he did not have sufficient field infonnation to estimate costs. eouncil1nember Malone questioned if delay of the project would have any adverse affect on the residents that have experienced problems with drainage. Graham explained Mr. Noyed has had drainage problems f= a number of years and was initially advised that although the project is presented to eouncil, it may not be accomplished in 1991. Wally Bauer, wilder of the new home on Arden Place, presented infonnation to Council relating to the soil conditions of the lot where the new home was constructed. Bauer stated the previous owner of the property inferra:i that the lot was "unbuildable", due to poor soil conditions. He advised the reports show the final testing results, after soil corrections were made on this site. eouncil1nember Malone thanked Bauer f= the information. srATUS REPORr; Council was referred to the November 8 memorandum and KEITHSON FOND attachments from the Clerk Administrator, relating to . Keithson Pond. Attorney Filla advised he spoke to Mr. Reiling's legal counsel on Friday, November 8, and as of this date the Waiver of Trespass has not been signed by Reiling. He stated the Hearing set on November 22, for the purpose of appointing Canmissioners to detennine damages to the property, will proceed as scheduled. Filla explained if the Waiver of Trespass is received within a short period of time, the city may be able to construct a trench on the Reiling property to channel water from the pond. '!he Attorney recammended Council consider directing staff to pursue remedies under the development agreement for this project; such as grading of the pond by the developer. He suggested an estimate of the costs for grading the pond should be provided by the City ErY:J'ineer. Filla further recommended the developer be advised that the City intends to pursue remedies to insure the developer satisfies obligations stipulated in the developnent agreement for this project, and offer the developer the opportunity to channel water from the site during the grading process, if the Waiver of Trespass is received from Mr. Reiling. 'lhere was discussion relative to the extent of city involvement in the trenching and grading of the pond. . Filla carmnented that it may be :i111portant for the city to review the costs asscx::iated with such a project and discuss financial responsibility for the project. He iIrlicated the city may not wish to undertake the entire project. Minutes of the Arden Hills Regular eouncil MeetiIg, 11-12-91 Page 6 . POND (Cant'd) ihe Attorney advised the Developer or the City may shape the porrl and =nshuct the weir, with or without the provision for trenchiIg on ReiliIg's property. He indicated such =nstruction would provide a basis for detenniniIg if the pond will function as originally designed. Attorney Filla explained the approved gradiIg plan for the pond is referenced, however, the document =uld not be located the Case File. Hicks moved, seconded by Malone, that Council direct staff as follows: 1. '!he city Attorney be instructed to =ntact the Developer to advise of recent actions taken by the city, relatiIg to the waiver of Trespass, that Council has directed the City Engineer to develop design specifications for the Keithson Pond, which =nform to the original specifications approved by the City and, upon completion of such design plans, the Developer is requested to =nstruct the porrl and reimJ:RJrse the city for all costs associated with the city Engineer's preparation of the specifications for this project. 2. The city Engineer be directed to prepare the design specifications for the pond, in =nformance with the design approved by the City. Motion carried unanimously. (5-0) There was discussion relative to detennining a deadline for completion of the . pond =nstruction to specifications prepared by the Engineer. Counci1rnernber Malone indicated one of the property owners had indicated a preference for directiIg a pipe on their property. The Attorney advised that duriIg his last =nversation with Mr. Majors it appears that Majors had no objection to the grading of the pond and that he is aware of the extent of the pond easement. He reported that Mr. Majors also indicated his preference for aCCClllq:llishing the =nstruction of the pond. Filla reviewed his previous =ntacts with the developer and atterrpts by the city to have the developer complete the grading of the porrl to its original design specifications. He also discussed methods the city may pursue toward re:iJnbursement of costs if the Developer fail to respond to the above request and the city completes the project. Jean eri111mins, 4509 Keithson Drive, stated she is adjacent to the south side of the pond and questioned if the trees along the rear portion of her property would be removed duriIg the =nshuction. She stated her opposition to the removal of the trees. Attorney Filla explained the trees are located on the ReiliIg property and should not be affected duriIg the =nstruction of the propose:i "channel" or installation of pipe for the purpose of divertiIg runoff fran the pond. He noted that if the property is develOped in the future, the trees may be affected by such . development. eri111mins requested notification be forwarded to the property owners regardiIg this matter and relatiIg to the pond =nstruction. Minutes of the Arden Hills Regular Council Meetirrf, 11-12-91 Page 7 . 1992 S<X>RE FUNDS Council was referre:i to the memorandum from the Clerk FOR REX::YCLING Administrator dated 11-9-91, relative to the distribltion POOGRAM of SCORE furrls from Ramsey County to the city f= the recyclirrf program. Hicks 11DVe:i, seconded by Mahowald, to approve the request f= $18,919.96 in SCORE funds from Ramsey County, to fund the city of Arden Hills 1992 Recyclirrf Program. Motion carrie:i unanimously. (5-0) REPORI'; SALE Public Works SUperintendent Dan Winkel reported on the OF SURPllJS october 22 surplus Sale of equipment. He explained EQUmo1ENl' seale:i bids were receive::! on obsolete equipment and City vehicles. Winkel advised three city vehicles and miscellaneous equipment was sold and the total amount of sale items was $6,923.50. He explained staff plans to hold the sale on an annual basis = as neede:i f= removal of surplus items. Sl'A'lUS REPORl'i Public Works SUperintendent Winkel reported on the status KATIE lANE of the Katie Lane easement discussions with residents FASEMENI'S on the north side of Katie Lane. Winkel advised that an agreement has been made with the property owner at the end of the cul-de-sac, which is adjacent to Hazelnut Park, to provide access from the park, through this prqJerty to maintain the sanitary sewer line. . CounciJmember Mahowald suggested staff attenpt to negotiate a written agreement with this property owner. Winkel advised he will discuss a written agreement with the owner. SCHEDULE council was referre:i to a memorandum from the Clerk CDUNCIL Administrator dated 11-6-91, relative to schedulirrf a I'KlRKSFSSION Worksession meeting. There was discussion relative to items f= placement on the worksession Agenda and Council concurre:i to hold the newsletter consultant interviews at this meetirrf . Malone 11DVe:i, seconde:i by Growe, to schedule a Council worksession meetirrf on Monday, November 18, at 6:15 p,m., at City Hall. Motion carrie:i unanimously. (5-0) SCHED. PERFORMANCE Malone 11DVe:i, seconded by Hicks, to schedule a meetirrf EVAllJATIONS; CLERK on Monday, November 25, at 6:15 p.m., for the purpose AI>>IIN, PUB. WKS. of conductirrf a Performance Evaluation for the Clerk SOPER, & PARK DIR. Administrator. Motion carrie:i unanimously. (5-0) eounciJmember Malone suggested future performance evaluations for all employees be schedule:i prior to the anniversary date of employment. . Malone 11DVe:i, seconde:i by Mahowald, to schedule a meetirrf on Monday, December 9, at 6:15 p.m., for the purpose of conductirrf a Performance Evaluation f= the Public Works SUperintendent and a meetirrf on December 30, at 6:15 p.m., f= the Park Director'S Performance Evaluation. Motion carried unanimously. (5-0) Minutes of the Arden Hills Regular Council Meeting, 11-12-91 Page 8 . REXXlNSIDERATION ; Councillne.mber MahcMald questioned if a eouncil had PERMANENT STATUS formally adopted a motion to reconsider the pennanent FOR ACCOUNl'ANT status appointment of the city Accountant. Maym- Sather advised the formal action to reconsider the appointment was taken at the October 28 Regular Council Meeting ani further action on the matter was tabled to this meeting, due to the absence of one eouncil1nember. Clerk Administrator Berger discussed the performance evaluation of this employee ani the accomplislunent of taks assigned to the individual in the ''work program". He recommended the employee be granted permanent employee status, based on a positive performance evaluation, accomplishments listed in the w=k program, ani the positive contr:ib.ltion made by this individual on a daily basis. eouncil1nember Malone identified several areas of concern relating to the job content ani the work program duties provided by the Administrator. '!here was further Council discussion relating to the job content, work program ani pennanent status appointJnent of the employee. Mahowald 1\KlVed, secorrled by Growe, that Pennanent employee status be granted to City Accountant T.J. Swanson. Motion carried. (Mahowald, Growe, Hicks ani Sather voting in fav=; Malone opposed) (4-1) COUNCIL CXMIDlTS safEDULE MI'G; There was discussion relative to scheduling a meeting . DISCUSS REl'ROCEDE with the Governor's Legal Counsel ani city Officials to ARMY TRAINING CNIR. provide information ani express concerns relating to the CENTER 'ill Federal Goverrnnent proposal to retrocede jurisdiction of STATE OF MINN the Anny Reserve Training Facility to the state of Minnesota. eouncil concurred to direct the Clerk Administrator to schedule a meeting for Friday, November 22, with Mr. Gilbertson ani to exte.rrl an invitation to Senator Fritz Knaak ani Representative Phil Krinkie. KEI'IHSON POND; eouncil1nember Hicks referred to the 11-8-91 1IIE!IlIOrandum RmUFSI' INFO from the Clerk Administrator, relative to the historical data on the Keithson p::>rrl developnent. Hicks re:[Ue5ted the Administrator review the chronology of the Keithson development ani provide more specific information; such as the name of the city Engineer ani the name of the engineer hired by the developer. He stated the intent of providing the specific information is to assist eouncil in determinin;J the extent of City responsibility versus the developer, ani for the purpose of clarification. '!he Clerk Administrator noted the items of concern ani advised he would rep::>rt to eouncil at a future meeting. REQUFSI' PUBLIC eouncillne.mber Malone recommended staff prepare a set of . HEARING PROCEDURES guidelines for audience participation at public hearings. Malone indicated the audience has a terrlency to question ani camment directly to staff. He stated his preference for the audience directing questions to eouncil ani Council would then question the appropriate staff member. ------ , . Minutes of the Arden Hills Regular Council Meeting, 11-12-91 Page 9 . PROCEDURES (Cant' d) Mayor Sather advised the purpose of a public hearing is to record testilnony, not necessarily to immediately respond to questions posed by members of the audience; recammended sane questions or concerns may require staff review prior to providing infonnation to audience members . '!he Administrator noted the comments and advised staff would draft procedures f= Council review. MISCjSCHEDULE Councilmember Growe suggested a fifteen minute time ~CATIONj period be set aside on the Worksession Agenda for CXlUNCILjSTAFF cammunicationjdiscussion between staff members and Council. MISC; 'IRUIH IN Councilmember Mahowald asked for a brief review of the TAXATION materials to be presented at the Truth in Taxation Public HEARING Hearing . Clerk Administrator Berger reviewed the materials to be presented at the :meeting. STATUS RPr j Councilmember Mahowald questioned the status of o::i"IMITI'EE APPIMl'S. appointments to the Economic Developnent and <lIaritable Gambling Conunittees. Mayor Sather stated there were no fornal appointments to the <lIaritable Gambling Conunittee and suggested reconunendations be considered f= appointment at a future . :meeting . Council directed staff to review if fornal appointments were made to the Economic Develcpnent Conunittee. AlllOURN Hicks moved, seconded by Growe, that the :meeting be adjourned at 9:55 p.m. ~1Z /3~ / ~~ Gary R. Berger '!homas R. Sa Clerk Administrator Mayor NarICE OF MEEITNGS There will be a Worksession Meeting held on Monday, November 18, at 6: 15 p.m., at . city Hall. '!here will be a Special Meeting f= the purpose of a Public Hearing on Truth in Taxation held on Monday, November 18, at 7:30 p.m., at city Hall. The next Regular Council Meeting will be held on Monday, November 25, at 7: 30 . p.m., at City Hall. i'