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HomeMy WebLinkAboutCC 08-12-1991 . . . '. MINUl'ES OF THE ARDEN HILIS REGUlAR COUNCIL MEEl'ING MJNDAY, AU:;Usr 12, 1991, 6:30 P.M. - CITY HALL Pursuant to due call and notice thereof, Acting Mayor Malone called the meeting to order. ROLL CALL The roll being called the following members were present: Acting Mayor Paul Malone, Councilmembers JoAnn Growe and Thomas Mahowald. Absent: Mayor Thomas Sather. Also present: Planner John Bergly, attorney Jerry Filla, Engineer Terry Maurer, Park Director John Buckley, Public Works SUperintendent Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. CALL 'ro ORDER Council conducted a closed meeting between 6: 30 and 7:30 p.m., to discuss union and nonunion enployees compensation. Karen Olsen, Labor Relations Associates, was present to review infonnation related to the 1991 Market study and CClIIpUClble worth issues. CWSID MlG; UNION & NONUNION EMPIDYEES ro1PENSATION The regular meeting reconvened at 7:40 p.m. ADDPI' AMENDED AGENDA Acting Mayor Malone requested Item 4 (a), Purchase Mower for Parks Department, be moved fran the Consent Calendar to Unfinished and New Business, Item 6(f) f= discussion. Mahowald moved, seconded by Growe, to adopt the August 12 Agenda, as amended, moving Item 4 (a), Purchase of Mower for Parks Deparbnent, to Item 6 (f). Motion carried unanimously. (3-0) APPROVE eouncilmember Growe and Acting May= Malone offered two MINUl'ES minor corrections to the July 29 Council minutes, on page 8, changing the dates frOlll August 7 to 12, and on page 9, addition of the word "discussion", in the first sentence under the "Keithson Pond Drainage Problem" title. Growe moved, seconded by Mahowald, to approve the July 29 Regular Council meeting minutes, as =ected on pages 8 and 9. Motion carried unanimously. (3-0) CONSENT CI\LENDAR Mahowald moved, seconded by Growe, to approve the Consent Calendar, items b, c, and d, and auth=ize execution of all necessary doa.nnents contained therein: b. Approve Solicitation Request, citizens f= a Better Environment. c. Approve Pay Estimate No.1, 1991 Pavement Maintenance Project. d. Approve List of Claims and Payroll. Motion carried unani.Jrously. (3-0) PUBLIC cnlMENTS None. CASE #91-12: AMEND SOP, ARDEN MANOR M:JBILE Ha.IE PARK Council was referred to the Planner's reP=t and Planning Commission minutes dated 8-7-91, relative to the request f= an Amended Special Use Permit to allow vinyl and steel siding on the units in the mobile home park. Planner Bergly explained the =iginal Special Use Permit was approved in 1975, and two or three aJ\\E!OOments have been approved since that time. He stated in 1977 the Council approval allowed expansion of the park and limited the use of siding to wood; there were initially SOIIle metal units in the park. . . . '. Minutes of the Arden Hills Regular Council Meeting, 8-12-91 Page 2 CASE #91-12 (Cont'd) Bergly stated the park was b.lllt on fill placed in a former wetland and lI1Um of the site has wet soil conditions, whim tend to rapidly deteriorate wood siding. He noted several of the existing wood sided units in the park are obviously in need of residing. The Planner stated he contacted three managers of large mobile hOllleS parks in the metro area and found that all three of the parks allow both wood and vinyl siding; none allow metal siding. Bergly reviewed other factors relating to wood and vinyl siding he discussed with the three mobile hOllle park managers, as listed in his report of 8-7-91. Bergly advised that the last aJ\\E!OOment to the SOP in 1977 contained a condition that "screen" fencing be installed around the st=age area and the approved plan showed the fence as a 5 foot wood fence, with 5'x 8' cedar panels. He noted the existing fence arOl.U1d the storage area in a 5 foot chain link fence, which offers little s=eening f= the lots ab.J.tting the rather cluttered storage area. The Planner explained the owner of the park attended the Public Hearing and advised he had initially installed a wood fence, whim deteriorated in a short period of time. The owner explained a chain link fence was then installed. Bergly reccmnended Council include a condition f= installation of a 5 foot cedar fence and gate arOl.U1d the st=age area, as outlined in his report of 8-7-91, if approval is granted. He reviewed. the other conditions reccmnended for inclusion with action for approval of the request. Planner Bergly stated the Planning Commission recc:amnen:1ed approval of the amended Special Use Permit to allow vinyl siding, rot not metal siding and conditioned upon the four conditions listed in the Planner's report, page 3, 8-7-91, based on the rationale listed in the Planner's report. He recc:amnen:1ed an additional condition be attached to direct the city Attorney to draft the SOP amendment. Councilmember Mahowald questioned if the request is based upon cost of wood siding versus vinyl siding. He also questioned if the condition to maintain earthtone colors should include stronger language to stress its inportance. The Planner stated there is a slight savings in cost by utilizing vinyl siding; unsure if cost is the basis f= this request. Bergly advised the Conunission discussed the provision to maintain earthtone col=s f= SOIIletime; concurred that IOClSt mobile hame park managers appear to review this matter and maintain the requirements and such latitude should be at the discretion of the management of the park. Councilmember Growe noted the Planning Commission discussion indicated problems are =ing in the storage area whim warrant the use of a chain link fence to provide visual surveillance of this area. She questioned what type of problems are experienced in this area. Bergly stated the discussion did not clarify what was happening behind the cedar fence. He advised the park owner indicated authorization was given to install the chain link fence; no dOClllOOl1tation of the auth=ization was subni.tted. Bergly explained the plan subni.tted in 1977, as part of the amended SUP approval, showed a 5 foot cedar fence. . . . Minutes of the Arden Hills Regular Council Meeting, 8-12-91 Page 3 CASE #91-12 (Cont'd) Art Johnson, Manager of Arden Manor Mobile Hane Park, explained a wooden fence was =iginally installed to s=een the st=age area. He explained the fence was damaged and knocked down while residents st=ed boats, trailers and vehicles in this area. Johnson advised the chain link fence would not be damaged if a vehicle a=identally backed into the fence. He further advised the chain link fence is preferable f= security purposes and viewing activities in this area; a wooden fence invites vandalism and theft. Johnson stated the wood siding does not appear to be as durable as vinyl siding and wood needs to be replaced within a short time period. Council1nember Mahowald questioned if the applicant is opposed to prohibiting metal siding. Johnson advised the owner is requesting steel siding, not the type formerly used for mobile home siding, which was basically metal sheeting. He stated the owner is not concerned that metal siding is prohibited. Johnson expressed concern regarding the condition which requires installation of a wooden fence. Marsha Harmon, resident of the trailer park, advised her trailer was resided four years ago and it is alreadY rotting. She expressed concern regarding the following items: 1. She is not aware of any other trailer park in the state that does not allow vinyl siding; 2. It is inportant to have visibility in the st=age area to prevent vandalism, a=idents and theft; and 3. The provision which prohibits moice of colors f= siding to the earthtones. Acting Mayor Malone questioned if the fence regulations require the fence to be 100 percent q:Jaque. Planner Bergly stated the fence shown in the planning file indicates the fence was to be 5' x 8' cedar panels installed between posts; advised the Planning Conunission did not discuss the replacement fence. He stated that the owner was advised another application and Public Hearing would be required to change the fence that was originally approved. Bergly noted that a fence utilized f= screening is fairly q:Jaque. Zoning Administrator Iago stated the Zoning Ordinance requires fencing re.rrain 30 percent open f= the passage of light and air. Malone stated placement of a wooden fence around this area would not preclude placement of a dJ.ain link fence inside the structure to prevent damage. He COIIlmented there may be other alternatives to prevent damage to a wooden fence. Acting Mayor Malone questioned responsibility for determining the fence is aWLuj,JLiate and meets requirements. Bergly stated the Building Inspector/Code Enforcement Officer normally reviews such matters f= compliance. Mahowald moved, seconded by Growe, to approve Case #91-12, Amended Special Use Permit to Allow Vinyl Siding, Arden Manor Mobile Hane Park, based on the rationale listed in the Planner's reP=t and the four conditions stipulated in the Planner's report dated 8-7-91, and direct the City Attorney to draft an amendment to the special use pennit. Motion carried unanimously. (3-0) . . . Minutes of the Arden Hills Regular Council Meeting, 8-12-91 Page 4 RES. #91-47; S'IDWE AVENUE, PElTI'ION FOR IMPROVEMENI' Council was referred to a memorandum fran the Clerk Administrator and attached materials, dated 8-7-91, relative to a petition received fran residents requesting street in1provements. Administrat= Berger advised the Deputy Clerk and Engineer have reviewed the signatures on the petition to detennine the adequacy of the petition. He advised the signatures represent 42 percent of frontage on stowe Avenue, between New Brighton Road and lake Johanna Boulevard and 35 percent is required for adequacy. Berger explained he has contacted the city of New Brighton to determine if any improvements are sdJ.eduled for the New Brighton P=tion of stowe Avenue and was advised there are no inprovements scheduled f= the New Brighton portion of stowe Avenue. The New Brighton City Engineer requested notification if Arden Hills pr~'" with the improvement of stowe Avenue. Engineer Maurer explained the petition is valid f= one half of the length of stowe Avenue. He reconunended review of the entire length of the street, if the feasibility study is ordered, and advised that if the project is reviewed for the entire length of the street, the petition may not be adequate. Councilmember Mahowald asked residents in attendance if the 42 percent signatures is indicative of the support of all residents along stowe Avenue. Char Wilmar, stowe Avenue resident, advised several younger families have recently moved into the neighborhood and did not favor the financial aspect of the proposed improvement. Ron Wilmar explained several residents were not willing to sign the petition without SOIIle knoIvledge of the costs of the improvement. He stated the maj=ity favored improvement of the street. Councilmember Mahowald asked if the residents were advised the costs would be assessed 100 percent to arotting properties. Ron Wilmar stated residents were advised of the 100 percent assessment. He expressed concern that the feasibility study may include the additional block of stowe Avenue, since the petition was not circulated in that area. Engineer Maurer stated he was attenpting to advise Council that a four-fifths vote in the affinnative may te nece~~~ry to proceed with improvement of the entire length of stowe Avenue, since the petition would not be adequate. Councilmember Mahowald advised it would be more practical to include the entire street in the improvement, rather than a one block portion of stowe Avenue. Ron Wilmar stated SOIIle of the residents strongly feel the County should be responsible f= the in1provement costs, rather than the city or residents. Councilmember Growe requested a cost estimate for preparation of the feasibility report. Engineer Maurer estimated the cost between $1,500.00 and $2,000.00. Mahowald moved, seconded by Growe, to adopt Resolution No. 91-47, Declaring the Adequacy of the Petition for Improvement and Ordering the Preliminary Feasibility Report in the Matter of the 1991 stowe Avenue IlTprovements. Motion carried unani.Jrously. (3-0) Minutes of the Arden Hills Regular Council Meeting, 8-12-91 Page 5 . SIa'IE (Cont'd) There was discussion regarding the :i1tprovement as petitioned. The petition requests recycling of the installation of storm sewer and bituminous = concrete curb and existing roadway, gutters. Acting May= Malone explained this is not a city participat=y project, stowe Avenue is not a City roadway and residents should keep in mind that the improvement costs are to be assessed 100 percent to affected properties. He outlined the procedures which occur after receipt of the feasibility report. RES. #91-48; CLEVEL/\ND AVENUE IMPROVEMENI'S AND ASSE'SSMENl' Council was referred to a memorandwn frOlll the Clerk Administrat= and attached materials, dated 8-7-91, relating to the costs of the Cleveland Avenue utility Inprovement and proposed assessments. . Administrator Berger advised an appraisal of the value benefit of utility i1lIprovements to the Cleveland Averme properties was CCIll1pleted by Blake Davis, Davis and Lagerrnan, Inc., and identifies nine parcels of land for proposed assessment of i1lIprovement costs. Engineer Maurer recommended Council consider adopting a five year period f= assessments of $10,000 or less and a ten year period for assessments greater than $10,000. He advised the current policy provides a 10 year plan for repayment of this type of i1lIprovement. Acting Mayor Malone asked the City Attorney if the data provided fran the appraisal is sufficient to defend the benefit to properties. Attorney Filla stated the appraisal dOCl.lll1el1t is a preferred approach for determining benefit on this type of project. He indicated this project may have been the catalyst for Council to review costs prior to ordering improvements. Mahowald moved, seconded by Growe, to adopt Resolution No. 91-48, Determining AsSCSE'ed Cost of Irrprovement and Ordering Preparation of Proposed Assessment Roll in the Matter of Project 89-1, Cleveland Avenue Sanitary Sewer and Water Main Improvements. Motion carried unanimously. (3-0) Mahowald moved, seconded by Growe, to amend Resolution No. 91-48, under item #3, to provide a five year installment payment plan f= assessments of $9,999.99 or less and a ten year payment plan f= ""~eEsments greater than $10,000.00. Motion carried unani.Jrously. (3-0) Growe moved, seconded by Mahowald, to sdJ.edule a Public Hearing on Monday, September 9, 1991, at 7:30 p.m., at city Hall, f= the pu:r:pose of an Assessment Hearing on Project 89-1, Cleveland Avenue Sanitary Sewer and Water Main Inprovements. Motion carried unanimously. (3-0) MISCELIl\NFDUS; CHA'lHAM AVENUE Ul'ILITY OOVER Acting May= Malone requested the Engineer review a utility cover on Cllatham Avenue whidJ. does not appear to have been raised. . Engineer Maurer explained the improvement project has not been finalized and stated he would review the utility covers on Chatham Avenue. SI'A'IUS REPORI'; OAK GROVE UlNDFILL Council was referred to a !1leIOC>randwn frOlll the Clerk Administrat= and attached materials, dated 8-9-91, relative to the status of the Oak Grove landfill site. Minutes of the Arden Hills Regular Council Meeting, 8-12-91 Page 6 . IANDFILL (Cont'd) Attorney Filla reported on the extent of potential responsibility by the City and the extension of the negotiation date to August 22, 1991. He recommended Council consider directing staff to proceed as follows: 1. Advise city insurance carrier of the potential risk. 2. Review City records, if any, frOlll 1975 relating to transportation of materials to the Oak Grove site. 3. Review newspaper records on or near the dates of receipts of materials transported to the Oak Grove site, to determine if there were any unusual stonns that may have caused fallen trees to be hauled to the site. 4. Review city procedures for disposal of hazardous waste and attempt to determine if there were any procedures followed by the City in 1975. There was discussion related to the receipts for items hauled to the Oak Grove site. Councilmember Growe questioned if the time period has elapsed for the statute of Limitations. . Attorney Filla advised there is no time restriction men dealing with EPA violations. Filla explained he would keep Council and staff informed of develofXl1el1ts related to this matter. Growe moved, seconded by Mahowald, to direct staff to proceed with Items 1 through 4, as listed in the City Attorney's letter dated 7-31-91. Motion carried unanimously. (3-0) Mahowald moved, seconded by Growe, to table discussion of the 1991 Market study and Compensation Plan and schedule a Closed Session on Tuesday, August 20, 1991, at 4:30 p.m., at city Hall, for the purpose of reviewing union and nonunion compensation plan. Motion carried unanimously. (3-0) RES. #91-49; ADDPI' 1991 Ml\RKEI' SIUDY & ro1PENSATION PIAN REX:lUEST PllRaiASE PARK EQlJIlliENl'; 'rooo l>:O'IERS Acting May= Malone referred to the mernoranchnn fran Park Direct= John Buckley dated 8-8-91, requesting Council authorization to purchase park equipment. Malone explained this item was moved frOlll the consent calendar to determine the neoossity of a bid for the equipment, since the dollar amount to be expended exceeds $15,000.00; also wished to receive further information on the equipment. Park Director Buckley stated it is the intent of the staff to separately purchase eadJ. of the items listed. He explained that small dealerships whidJ. have the Toro brand do not provide quotes on the mower, since the regional distrirotor of Tore is local and offers a lower price quote. . Buckley stated that purchase of the Toro brand provides staff the ability to interchange the accessories between the new and existing equifXl1el1t. Attorney Filla reviewed the purpose of the public =ntracting law. He advised staff should either prepare a bid specification and obtain bids = request price quotes frOlll other manufacturers and identify that this brand of mower is the only type that provides the capability to interchange parts. Minutes of the Arden Hills Regular Council Meeting, 8-12-91 Page 7 lOVERS (Cont'd) Malone moved, seconded by Growe, to direct staff to accumulate the necessary documentation establishing =iteria for purchase of equipment that is interchangeable with the existing equipment and a noncanpetitive item = follow the bidding process and furthennore, that staff determine the trade-in = sale value of the equipment to be replaced. Motion carried unani.Jrously. (3-0) COUNCIL cnlMENTS . DRAFT RFP; ARCRITECl'S STATUS REPORl'; WATER MEl'ERS Clerk Administrat= Berger requested camments fran Council regarding the draft RFP for ardJ.itectural firms. Councilmember Growe requested a status report regarding certification of water and flow meters Public Works SUperintendent Winkel advised he has received infonnation and will forward same to Council. IMPOOVEMENTS ; SNELLING AVENUE Councilmember Mahowald questioned when construction is scheduled to begin on N=th Snelling Avenue and if residents would be notified. Public W=ks SUperintendent Winkel stated the llrprovements should begin very soon; the recent rain has delayed the construction. He noted construction would begin on the south end of North Snelling and the city Engineer indicated a letter would be sent to residents prior to construction. . MEI'ER CERl'IFICATION Acting Mayor Malone questioned if the master meter certification test infonnation is available at this time. Public Works SUperintendent Winkel stated the information would be fo:r:warded to Council. CDUNI'Y ROAD F Acting May= Malone noted the County has painted the SIGNS turn lanes on County Road F; questioned if the signs for no right turns fran Snelling onto Valentine Avenue and no left turns fran County Road F onto Valentine have been =dered. Public W=ks SUperintendent winkel advised the signs are ordered and staff will install the signs. Malone advised that school roses should be exenpted and suggested the Sheriff's Department be advised of the exelllJtion. He also suggested staff contact Mounds view High School officials and request the students be notified of the signs prohibiting turns onto Valentine Avenue. There was discussion relative to =dering a smaller sign to be attached to the signs prohibiting turns whidJ. exelllJts school roses. . FINANCE <nmTl'EE RE:CCM1ENDATIONS; SIREEI' LIGHITNG PONDING AREA; LEXINGION AVE. & HIGHWAY 96 Acting Mayor Malone advised that the Finance Conunittee recommendations f= street lighting were drafted several months ago; suggested staff review committee minutes and fo:r:ward same to the Public SafetyjWorks Conunittee. Acting Mayor Malone questioned if the pond at Lexington Avenue and Highway 96 is experiencing a blOCkage and if staff has contacted the proper auth=ity to remedy this problem. t " '. . . . Minutes of the Arden Hills Regular Council Meeting, 8-12-91 Page 8 POND (Cont'd) Public Works SUperintendent winkel stated he has attenpted to contact the appropriate person at the state Highway Deparbnent to remedy this problem and no response has been received to date. He advised he will update Council on this matter at a future meeting. MISCELUINEOUS Public Works SUperintendent winkel reported on pumping the Keithson pond, street sweeping program and the status of the 1991 Pavement Maintenance Program. Park Director Buckley reported on the CXJIlIlletion of the new trails at CUmmings, Floral and Hazelnut parks and advised the response frOlll residents has been extremely fav=able. ADJOURN Mahowald moved, seconded by Malone, that the meeting be adjourned at 9:15 p.m. Garyk~ Clerk Administrator Q (' \ "\) ! '\ ~ l ,i,'V(. / . ' Lv- .,~ 1X (.tt,.y",~ Paul L. Maldl1e Acting May= NOI'ICE OF MEEI'INGS There will be a Budget Worksession meeting held on Monday, August 26, 1991, at 4:30 p.m., at city Hall. The next Regular Council meeting will be held on Monday, August 26, 1991, at 7:30 p.m., at City Hall.