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HomeMy WebLinkAboutCC 06-10-1991 . . . .' , ' MINUI'ES OF THE ARDEN HIlLS RmJI.l\R CXXJNCIL MEEI'ING ~Y, JUNE 10, 1991, 6:30 P.M. - CITY HALL Pursuant to due call arxi notice thereof, Mayor Sather called the meeting to order at 6:30 p.m. ROLL CAIL 'Ihe roll being called the following members were present: Mayor 'Ihanas Sather, Councilmembers Nancy Hansen, Paul Malone, JaI'Inn Growe arxi 'Ihomas Mahowald. Also present: Planner John Bergly, Attorney Jerry Filla, Engineer Mark Graham, Parks Director John Buckley, Public Works SUperintendent Dan winkel, Clerk Administrator Gary Berger arxi Deputy Clerk Catherine Iago. CAIL 'IO ORDER PERF. EVAlllATION; PUBLIC WKS. SUPER. DAN WINKEL Council1nembers conducted a perfornance evaluation for the Public Works SUperintendent between 6:30 arxi 7:30 p.m., due to the reclassification of this position in 1990. AOOPI' AGENDA Malone moved, seconded by Hansen, to adopt the June 10 Agen:la as subn1tted. Motion carried unanimously. (5-0) APPROVE MINUI'ES Mahowald moved, seconded by Growe, to approve the May 28 Regular Council Minutes as subn1tted. Motion =ied unanimously. (5-0) CXlNSENT CALE2IDAR Councilmember Mahowald questioned if st. Mary's Church is licensed to operate at Pot 0 Gold Bingo Hall, as listed on the application fonn subn1tted. Deputy Clerk Iago verified the Church is licensed to operate at the Bingo Hall. Malone IroVed, seconded by Hansen, to adopt the Consent Calendar as subn1tted arxi authorize execution of all necessary documents contained therein: a. Approve Bingo Hall License Renewal for Pot 0 Gold Hall, 3776 Connelly Avenue. b. Approve Solicitation Requests: MPIRG arxi MN ACDRN. c. Approve List of Claw arxi Payroll. Motion =ied unanimously. (5-0) PUBLIC ~S None. Mayor Sather opened the meeting at 7:42 p.m. for the purpose of a Public Hearing on the proposed assessment for bituminous overlay on Chatham Court arxi Chatham Circle as part of the 1991 Pavement Maintenance Improvement. Deputy Clerk Iago verified publication of the Notice of Hearing in the New Briahton Bulletin on Wednesday, May 22, 1991, arxi mailing to affected property owners on Wednesday, May 29, 1991. PUBLIC HEARING CHA'lHAM CXlURI' & CIRCLE; ASSESSMENT HFARING Mayor Sather advised the city is in receipt of a petition with 100 percent signatures from those persons abltting Chatham Court arxi Chatham Circle, requesting the street i11provenv;nt by bituminous overlay arxi requesting 100 percent of the costs be <l<;:F€SSOO to the affected property owners. 'Ihe Mayor stated that signing the petition does not waive the right to an assessment hearing on this matter. . . . Minutes of the Arden Hills Regular Council Meeting, 6-10-91 Page 2 HEARING (Cont'd) Engineer Graham explained that O1atham Avenue was scheduled fer bituminous overlay in 1991 arxl at the in'provement hearing fer the 1991 Pavement Maintenance project, residents on O1atham Court arxl O1atham circle expressed an interest in ext.ero.ing the project to include bituminous overlay of both cul-de-sacs. He stated that Council advised the residents it would be necessary to suJ:xnit a petition with signatures from 100 percent of the affected property owners arxl requesting 100 percent of the assessment costs to include both streets in the project at this time. He advised that both cul-de-sacs had been rated in the 1988 Pavement Management Report arxl are scheduled for bituminous overlay in a future project. Councillnember Mahowald questioned the actual cost of the ilIlprovement versus estilnated cost arxl if both streets are included in the project will the cost of the ilIlprovement exceed the actual b.1dgeted amount. Graham stated he estilnated the cost for the project at $3.44 per front foot arxl after the actual bids were received the cost was reduced to $2.82 per foot. He advised the costs should not exceed the Wdgeted figure. Councillnember Hansen questioned if the assessment rate for the two cul-de-sacs is established at $2.82 per front foot, versus 100 percent of the cost, would the project still remain within the budgeted amount. She recalled discussion relating to the cost of the project remaining within the budgeted amount due to the fact that Valentine Avenue would be deleted. Graham explained the recently adopted assessment policy states that petitioned ilIlprovements may be assessed by the City at 100 percent of the cost, er at any rate set by Council action. He stated the project would remain within the budgeted amount if the two petitioned streets are assessed at the 50 percent rate. Councillnember Malone questioned the bid quotation versus the estilnated cost of the project. The Engineer noted the estilnated cost of the project was approxilnately $229,000 arxl the City budgeted $225,000; the estimated cost anticipated the bid quotes received being lower than the estilnate or the city retaining the ability to delete certain streets from the project if the bid quotes were higher than anticipated. eouncillnember Malone arxl the Engineer discnssed financial information, relating to the project, to detennine whether or not including the two additional streets would increase the project costs arxl exceed the amount b.1dgeted by the City for the 1991 Pavement Maintenance Project. Malone questioned if the contractor has suJ:xnitted an estilnated cost fer a change order to include O1atham Court arxl O1atham Circle. He asked the Engineer for the assessment amounts anticipated for the two streets. Graham stated he has received verbal confirmation that the two streets would be included at the same contract price listed on the bid quotation. He advised the assessment calculations for O1atham Circle are approxilnately $3,400.00 arxl O1atham Court are approximately $4,100.00; total $7,500.00. Minutes of the Arden Hills Regular Council MeetinJ, 6-10-91 Page 3 . HEARING (Cont'd) May= Sather asked f= c:omments fram the floor either in favor of = q:posed to the proposed assessment. Kurt Hallgren, 3700 Chatham circle, requested the assessment rate be established at $2.82 per front foot, the same as the neighborinJ properties on Chatham Avenue. Fred Baude, 3708 Chatham Court, spake on behalf of the residents of Chatham Circle and requested the assessment rate be the same as the neighbors on Chatham Avenue, $2.82 per front foot. Carl Rundquist, 3716 Chatham Court, explained the residents requested inclusion in the project because it aweared to make sense to add beth cul-de-sacs to the project. He noted that clue to the timing of the project, the City advised residents the only method for inclusion in the project would be to sign a petition and request assessment of costs at 100 percent. Rundquist suggested the city apply the assessment policy and treat the residents petition:ing the i1rprovement in the same manner as the residents on Chatham Avenue. May= Sather asked if there were any further comments fram the floor and hearinJ no response, closed the p.lblic hearinJ at 7:55 p.m. . Counci1Jnember Hansen favored including beth streets in the 1991 Pavement Maintenance project. She questioned if the streets should have been included in the initial project, since beth are extensions fram Chatham Avenue. Engineer Graham advised the improvement of streets is based on the "rating" the street received in the 1988 Pavement Management study; the streets rated the worst were scheduled in the project. Public Works SUperintendent Winkel explained that Chatham Avenue was technically scheduled for future improvement, however, it was added to the project schedule this year clue to the fact that additional fun::ls were available and the street ratinJ in the study. '!here was extensive r'Ji="lSsion as to whether or not includinJ beth streets in the project at this time and assessinJ the costs at 50 percent to residents would bring the total project cost over the l:x.1dgeted aJOOUI1t. . Counci1Jnember Malone recalled advisinJ residents that the method to include beth streets in the project was by petition and that the petition must request the costs be as="=rJ. 100 percent to benefitted properties. He stated that there were other streets in the pavement nanagement study which received higher ratings in pavement study and are in worse condition than Chatham Court and Chatham circle; in fairness to those residents it appears to be reasonable to assesS' this project at 100 percent and remain with the City l:x.1dgeted amount. Counci1members Hansen and Mahowald indicated the perception durinJ discussions to include beth streets in the project, upon receipt of the petition, was that the bid quotation would acccmnodate including beth streets and not exceedinJ the l:x.1dgeted figure. Mahowald suggested that the costs would increase if the two streets are delayed to a future project and it makes sense to include the cul-de-sacs with ilI1prcvement of Chatham Avenue. Counci1Jnember Malone recalled specifically advisinJ residents that petition:ing an ilI1provement requires requestinJ the costs be assessed at 100 percent and that Council has the ability to assess in that manner, per the assessment manual. . Minutes of the Arden Hills Regular Council Meeting, 6-10-91 Page 4 HEARING (Cont'd) Counci1mernber Growe stated the total oost of including both streets in the project is $7,500.00 and that is not an exorbitant sum of money. She explained it 1IIaS her iropression that residents were advised and were aware of the fact that the petition requests 100 percent of the oosts be assessed to property owners. Residents Kurt Hallgren, Carl Run:lquist and Fred Baude concurre:i that they were aware of the fact the petition requests 100 percent of the costs be asEeF~e:i to property owners and that would be determined at this hearing. '!hey also recalle:i that the Council may detennine a lesser percentage be aSE:<Jf"se:i and that previous discussions indicating funding may be available to assess at a lower rate. Mayor Sather recalle:i that it was clearly stated that to keep the project on schedule, a petition by residents 1IIaS the only vehicle available, due to the fact the petition waived the need for a feasibility hearing, but did not waive the property owner's right to an aEEessment hearing. Attorney Filla stated it 1IIaS clearly stated in ccrrespon:lence to the property owners that 100 percent of the oosts may be assessed to the property owners. Engineer Graham explained that the bid quotation receive:i 1IIaS actually less than the estimated figure and upon further calculations it appears the project costs should not exceed the hldgeted aIOOUllt, including the additional costs for overlay of Ulatham Court and Chatham Circle. . Attorney Filla advised that if Council takes action to reduce the assesc:nv>TJt rate, the final assessment roll must be amended prior to certification to the County . Mahowald Jroved, secome:i by Growe, to Adopt Resolution No. 91-39, Adopting Final Assessment Roll for Chatham Circle/Chatham Court Improvements (1991 Pavem=nt Maintenance Project) and direct the Clerk Administrator to amend the assessment rate for benefitted properties to $2.82 per front foot, prior to suhnitting the assessment roll for certification to Ramsey County. Motion =ie:i unanim:Jusly. (5-0) Attorney Filla further advised the inclusion of both cul-de-sacs in the project should be treated as a d1an3'e order and suhnitted for Council action at the next regular meeting. PUBLIC HEARING VACATE DRAINAGE & Ul'ILITY FASEMI'; NORJ:lM)QDS/GOOUP Mayor Sather opened the meeting at 8:35 p.m. for the purpose of a public hearing on the Vacation of a Drainage and utility Easement, Northwoods, Group Health. Deputy Clerk Iage verifie:i publication of the Notice of Hearing on Wednesday, May 22, 1991, in the New BriClhton Bulletin and mailing to affected property owners the same date. . Attorney Filla explained that he has recei ve:i executed copies of the Grant of Easement and Promissory Note to the City from Group Health representative Mr. steve Hatteen. He stated that a similar easement has been granted to the city, in an adjacent area. Councillnember Malone questioned if the area to be maintained is defined and if access has been granted to the city to a=rnplish the require:i maintenance of the easement. Minutes of the Arden Hills Regular Council Meeting, 6-10-91 Page 5 . EASEMENI' (Cont'd) Att=!ey Filla an:l Public Works SUperVisor Winkel concurred that the access an:l maintenance issues are clearly defined in the documentation. Mayor sather asked for comments fram the floor relative to this matter. '!here was no response an:l the public hearing was closed at 8:45 p.m. Malone IOOVed, seconded by Mahowald, to adopt Resolution No. 91-40, Relating to the Vacation of Drainage an:l utility Easenent, lDt 2, Bloc:k 1, Northwoods, Group Health, Inc., an:l that the city Attorney file a copy of the Resolution with the Ramsey County Auditor as the notice of completion of these proceedings. Motion carried unanimously. (5-0) Council acknowledged receipt of the executed Grant of Easemant document an:l Promissory Note, as reported by the city Attorney. CASE #91-04; ZONING AMENI:JoINT. & POD CONCEPI' PlAN, NORIHWESI'ERN COLLEGE Council was referred to the request fram Northwestern College dated 6-6-91, to continue the Zoning Ordinance Amerrlment an:l POD Concept Plan application to the June 24 Regular Council Meeting. Mahowald moved, seconded by Growe, to table review of case No. 91-04, Zoning Ordinance Amerrlment an:l POD Concept Plan, Northwestern College, to the June 24 Regular Council Meeting, as requested by the applicant. Motion carried unan:i1rously. (5-0) . CASE #91-05; MINOR SUBDIVISION, 3191 LEXINGTON AVENUE, WARREN HANSON Council was referred to the Planner's report an:l Planning Conunission Minutes dated 6-5-91, relative to case #91-05, Minor SUl:division, 3191 Lexington Avenue, Warren Hanson. 'Ihe Planner reviewed his report and Conunission action recammending approval of the Minor SUl:division, with ccm:litions listed on page 9 of the Planning minutes. He ~lained the concerns expressed by the Commission relative to preservation of the street extension, as shown on the sketch plat sul:mi.tted with the application. Bergly stated the Planning Conunission recomrnerrled adoption of an Official City Map to preserve street extensions of this nature an:l reviewed the procedures necessary to ac:canplish adoption of the map. 'lhere was discussion relative to the best method to utilize to preserve the street extension. Council suggested the applicant meet with City staff to discuss the procedures for maintaining the future street extension. Malone IOOVed, seconded by Growe, to table case 91-05, Minor SUl:division, 3191 Lexington Avenue, Warren Hanson, to the next Regular Council Meeting held June 24, to allow the applicant and staff sufficient time to determine the method f= preserving the future street extension. Motion carried unan:i1rously. (5-0) . CASE #91-07; SITE PlAN REVIEW, M::>UNDS VIEW SOlOOL Council acknowledged receipt of the information relating to the IiJased development of the site plan approved for Mounds view High School. . . . Minutes of the Arden Hills Regular Council Meeting, 6-10-91 Page 6 CASE #91-07; SITE PUIN REVIEW, 1201 W. OXJNI'Y ROAD E, HCWARD JOHNSONS Council was referred to the Planner's report anj Planning Cannnission minutes dated 6-5-91, relative to the site Plan Review for Howard Johnson's Motel, 1201 west eounty Road E. The Plarmer reviewed the Cannnission recommendation for approval of the site plan, with conditions as listed in the Planner's report anj a stipulation to require review of the operation in 1992. Bergly indicated the parking lot :i1nprovement which includes placement of the barrier anj lan::lscaping, would not be campleted until spring of 1992, after the managE!lOOllt has determined if the operation of the patio is successful anj is scheduled to continue as part of the motel operation. Malone l11ClVOO, seconded by Mahowald, to approve Case #91-07, site Plan Review, Howard Johnson's Motel, 1201 W. eounty Road E, with the conditions listed in the Planner's report anj a staff review of the operation of the patio facility in April 1992. Attorney Filla questioned if additional restrictions should be placed on the approval , relative to the installation of the parking :i1nprovements, since the motel is currently operating urder Chapter 11 anj is del:in:;Iuent in payment of taxes to Ramsey eounty. He also suggested further review of official action required in conjunction of extension of the liquor licensing area of operation. Councilmembers Malone anj Mahowald withdrew the motion anj second. Fire Chief Winkel reported he reviewed the proposed parking area on the west side of the building, anj was unable to respond to staff prior to the meeting regarding concerns relative to the width of the driveway along the west side of the building. He preferred only one ITM of parking in this area anj a 30 foot width to the roadway, to accamodate emergency vehicle access. Malone Il'DVed, seconded by Mahowald, to table action on Case #91-07, site Plan Review for Howard Johnson's Motel, to the Regular Council Meeting on June 24, pending staff resolution of the necess;uy amendments to the existing liquor license, defining the area of sale anj determination of additional liquor license fees anj review of the status of other City fees pertaining to this establisJunent. Motion carried unaniJrously. (5-0) Council was referred to the memorandum from the Planner dated 6-7-91, relative to the determination of Permitted Use for Health one Emergency Response station at 3760 D.mlap street. The Planner reviewed the background information obtained from Health one representatives regarding the type of use proposed for location at 3760 D.mlap street. He noted the facility is proposed to provide the central station for three other stations in the prinmy service area (PSA); New Brighton, Roseville anj Shoreview. Bergly ~lained the activities proposed at the Arden Hills Central station, as listed in his report. USE DEI'ERMINATION; HEAIIIH ONE RESPONSE STATION, 3760 DlINLl\P Planner Bergly reviewed the Planning Cannnission recommendation anj determination as listed in his report on pages 2 & 3. He advised that if Council concurs with the recommendation of the Planning Cannnission, action should include clarification of the use as permitted or determination that the use is less intensive than the previous O<X" 'f"'nt or determination that the proposed use should be classified as a permitted use as allowed in Section V,C. of the Zoning Cede. He further recammerxied that Council action stipulate that the use is considered an inter:i1n use that may require relocation. He also stated that a site plan review or special use permit is not required for any of the options. . . . . . , . Minutes of the Arden Hills Regular Council MeetinJ, 6-10-91 Page 7 HFAL'IH ONE (Cont'D) Counci1member Malone questioned the floor drain indicated on the hllldi.n3' plans. Jolm Kumula, property manager, eJlPlained that a trap fer the drain is provided and the plans have been reviewed by the city Buildi.n3' Inspector for ccmpliance. Counci1member Mahowald stated he has no objection to Health One operatinJ as an interim use in this area, however, mqJressed cancern that this is the second application fer interim use in the recently rezoned Iexington/Fox area. He questioned the type of lease provided to the proposed tenant. George Lang, st. Paul Properties, stated the 5-year lease agreements for all tenants of the property includes a relocation clause and the film is aware of possible relocation in the future, if developnent cxx::urs in the area recently rezoned. Malone moved, seconded by Hansen, to approve the Planning Connnission recommendation to allow Health One to proceed with operations at 3760 North Dunlap street, and that Council declare findings subject to this particular use of the site as an acceptable interim use, such use to be classified as a combination office/warehouse use, with the warehousinJ interpreted as storage of vehicles, as previously permitted in the 1-2 District, and may continue in an existinJ hllldi.n3' as a transitional interim use with the provision that the landlord include a relocation clause in the lease agreement. Motion =ied unanimously. (5-0) RES. #91-41; ACCEPI' RESIGNATION NANCY HANSEN Malone moved, seconded by Growe, to adopt Resolution No. 91-41, Commending Nancy K. Hansen Fer Her Years of Service To 'Ihe city of Arden Hills, AcknowledginJ Receipt and Acceptance Of Her Resignation As Counci1member, And DeclarinJ That A Vacancy Exists For the Office of Counci1member. Motion =ied. (Malone, Growe, Mahowald and Sather votinJ in favor; Hansen al::stained) (4-0-1) Mayer Sather and Council1nembers offered congratulations to Nancy Hansen and eJlPressed deep regret that she will be unable to continue service to the City. PRJCEDURES; FILL Mayor Sather suggested staff place a brief notice in the <XJUNCIL VACANCY local newspapers, on cable 'IV and in the Town crier, to announce that the City will accept applications to fill the Council vacancy, until July 1, 1991, and that interviews may be conducted at the July Worksession MeetinJ. Council concurred. RES. #91-42; OPI'IONAL SALES TAX, RAMSEY CO. Malone moved, seconded by Hansen, to adopt Resolution No. 91-42, SUpportinJ Establishment Of A One-Half Cent Optional Sales Tax. Motion =ied unaninously. (5-0) CXJUNCIL m1MENI'S MISC; ABSENCE Counci1member Mahowald reported he will be unable to attend the June 24 Regular Council MeetinJ. . . . " , . Minutes of the Arden Hills Regular Council Meeting, 6-10-91 Page 8 AlDOURN Malone moved, seconded by Hansen, that the meeting be adjOlll11ed at 9:35 p.m. Motion carried unanimously. (5-0) ~ 1C 6~ Gary R. Berger, Clerk Administrator NCYl'ICE OF MEEl'ING ~M tvL- 'Ihanas R. Sather, May= ihere will be a meeting with residents of Valentine Avenue held on M'c>nlay, June 24, at 6:30 p.m., at City Hall. '!he next Regular Council meeting will held on Mor:day, June 24, at 7:30 p.m., at City Hall,