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HomeMy WebLinkAboutCC 04-08-1991 y MINUI'ES OF THE ARDEN lITLlS REl3ULI\R CXXJNCIL MEEI'ING ~Y, APRIL 8, 1991, 7:30 P.M. - CITY HALL . Pursuant to due call an:! notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. ROLL CALL ~e roll being called the following members were present: Mayor ~omas Sather, CouncilmeInbers Nancy Hansen, Paul Malone an:! ~omas Mahowald. Absent: councillnember JaAnn Growe. Also present: Planner John Bergly, Attorney Jerry Filla, Engineer Mark Graham, Park Director John Buckley, Public Works SUperintendent Dan Winkel, Accountant Tammy WOlfe-Swanson, Clerk Administrator Gary Berger an:! Deputy Clerk Catherine rago. CALL TO ORDER ADOPr AGENDA Malone moved, seconded by Mahowald, to adopt the April 8 Agenda as suJ::.mitted. Motion carried l.lI1aI1i1tKmsly. (4-0) APPROVE MINUI'ES Hansen moved, seconded by Malone, to approve the March 25 Council Minutes as suJ::.mitted. Motion carried unanllnously. (4-0) o::JNSENT CA:LllIDAR Hansen ll'Oved, seconded by Malone, to adopt the Consent Calendar as suJ::.mitted an:! authorize execution of all ner",c""a:ry documents contained therein: a. Approve List of Claims an:! Payroll. Motion carried unanimously. (4-0) . PUBLIC <XM1ENI'S TRAFFIC & SAFEI'Y <XlNCERNS; VALENTINE AVENUE, BOESEL Bob Boesel, 1695 Valentine Avenue, appeared before council to present a petition from area residents requesting the closing of the street due to traffic an:! safety concerns. Boesel distributed copies of a letter addressed to Ramsey County Conunander Jerry Bergeron an:! the petition signed by area residents. He requested Council view a video tape depicting the traffic problems that are =ently affecting the area. Whitney Boesel, student an:! school safety patrol, described a recent incident involving the vehicular traffic hazards to students in this area while boarding the I:x.1s for school. She requested Council consider closing the street to protect the children in this area. May= Sather recammended the video tape be viewed by Council at the April 15 W=ksession meeting. AWARD BID; DISEASED TREE REMOVAL Council was referred to a memorandum from Park Director Buckley dated 4-4-91, relative to the award of bid f= removal of d:i=",~ trees. Coill1cillnember Mahowald questioned the significant reduction in this contract from 1990 an:! the amount J::udgeted for this purpose in 1991. . Buckley advised a number of additional trees were removed in 1990 due to the drought conditions an:! in 1989 a significant number of trees were removed from the Land O'Lakes property. , . . . , Minutes of the Arden Hills Regular Council Meeting, 4-8-91 Page 2 BID (Cont'd) Buckley explained $14,000.00 was Wdgeted and most of the monies are reiInWrsed by property owners f= removal of trees from private property. Councilmernber Malone asked which company was awarded the =ntract in 1990. He noted Arp's was utilized in 1984 and 1985; questioned if the company suJ::mitted bids in subsequent years. Buckley stated outside Tree Service was awarded the bid in 1990 and Arp's did suJ::mit bids from 1986 thru 1990, however, they were not the low bidder. Mahowald moved, seconded by Hansen, to award the 1991 Di="'~ Tree Contract to Arp's Tree Service of Anoka, as the lowest responsible bidder, for removal of trees at the rate per tree irrlicated in bid received. Motion carried unanimously. (4-0) OROS. 277 & 278; LEXINGTON/FOX AREA REZONING Council was refen-ed to a meIOClranchnn fram the Clerk Administrator dated 4-5-91, relative to the proposed rezoning of the Lexington/Fox Business Area and related correspondence from the Planner and Attorney. The Planner stated one month ago the Planning Commission recommended to Council adoption of the rezoning of the lexington/Fox Business Area and two properties were excluded fram the re=rnmendation for further review; the Pugleasa property and the Tyson property. He explained staff has met with the property owners to review these two sites and both properties were discussed at the 4-3-91 Planning meeting . Planner Bergly advised the Planning Commission recommended the Pugleasa property be rezoned from 1-2 to B-2 and a variance be granted with the rezoning of this site, to allow the percentage of acx::essory use to be 45.3% instead of 30% as required by code. He explained the rationale for granting the variance is based on the fact the City, rather than the property owner, initiated the rezoning. Bergly stated there are some seasonal variations in the amount of area of the Pugleasa property that is used f= an accessory use; st=age of inventory varies depending on the t:i1ne of year. He explained that 45.3% would be the greatest amount of space utilized for storage at any t:i1ne in the wilding. Malone questioned if 45 percent would be sufficient or if the percentage should be 45.3%. He also questioned if the storage area is inside the wilding. Bergly advised it is difficult to calculate the exact figure and 45 percent would be sufficient. He stated the storage area is totally inside the facility. Malone asked if this is the only property south of the railroad tracks proposed f= rezoning. Bergly stated there is another parcel to be rezoned in this area, however, the Pugleasa property owner was the only one to appeal the rezoning. He noted that there is also another parcel proposed to be rezoned in the I-Flex district, however, Tyson was the only property owner that opposed the rezoning. , . . . Minutes of the Arden Hills Regular Council Meeting, 4-8-91 Page 3 REZONING (Cont'd) Councilmember Malone noted the proposed Ordinance No. 278 does not include language to a=nplish the 1-2 to B-2 rezoning of the parcels south of the railroad tracks. Attorney Filla advised the Pugleasa property am the other parcel were inadvertently excluded. He explained Section IV.A. (3) should include the Pugleasa site am the other property currently zoned 1-2 = language could be inserted in the ordinance which includes all property south of the railroad tracks are in a B-2 zoning classification. Attorney Filla referred to the proposed rezoning of the Tyson property am explained that when the rezoning of property :imposes restrictions on the use of that property, the City must consider the impact on the parcel of lam being restricted. He advised the restrictions must be detennmed reasonable am the use of the lam must remain reasonable after adoption of the new regulations. Filla reviewed the two properties am explained that the rezoning will not i1rp:Jse unreasonable regulations on either site. He explained a variance could be granted for the Pugleasa site to a=nmodate the accessory use. The Attorney discussed the Tyson property am the impact the rezoning regulations will have on this site. He advised the proposed wording on page 2 of his letter dated 4-5-91, Section 3 (f), allows the continuation of the warehousing use of this facility, requires the issuance of a Special Use Pennit am requires the property owner to apply f= an amendment to the Special Use Pennit, prior to expansion of the existing facility. Filla stated the =ent use of the facility will not change, as the wording in paragraph (f) allows the expansion of the permitted/existing uses as long as the ratio of uses does not change. Attorney Filla noted the wording proposed on the handout received by Council this evening, as drafted by legal counsel for the property owner, is basically the sarne, with the additional language ... "related accessory uses". He explained the =ent ordinance allows f= 30 percent related accesSQry use to be permitted. Filla explained the special use permit is attached to the land am would serve to provide same measure of guarantee to the property owner that the ratio of use which exists at this time will remain. Councilmember Malone questioned why maintenance of the floor area ratio is essential f= this property. Attorney Filla noted the original wording proposed did not address the concerns of the property owner as to future use of this site. He explained that if the existing facility has a 93 percent warehousing use, that will be allowed to continue even if the new regulations provide for only 50 percent warehousing use. He indicated the property owner retains the 93 percent ratio for future expansion of the facility am is requesting the special use permit specify those percentages of use. Filla advised that all three proposals for wording would be permissible. Councilmember Mahowald questioned if there is a process f= revoking the SUP. Filla stated that if the con:litions of the SUP are not satisfied, a public hearing is conducted am the SUP could be revoked. He explained the Special Use Pennit issuance is not automatic am the property owner will suhnit an application which inventories existing uses am provides a site plan for base data am future c:arrparison purposes, for review by the Plarming Commission am Council. Minutes of the Arden Hills Regular Council Meeting, 4-8-91 Page 4 . REzctITNG (Cont'd) CouncilInember Malone questioned if an SUP expires if the existing use is discontinued for a one year period. Attorney Filla answered in the affinnative that a special use permit expires if the existing use of the property is discontinued for a period of one year. He noted that the ordinances are subject to change and what is nOftl a permitted use could ~ a nonconfonning use. Attorney Dave Sellegren, representing Tim Tyson and Bill Franke, was present and stated Attorney Filla did an excellent job of interpreting the intent of the property owner to insure continuation and expansion of the present use with the same ratios that exist at this time. Sellegren explained the future expansion of the site is dependent on maintaining the site use relationship that =ently exists and that those ratios be fixed in the context of the SUP process. Council1nember Malone questioned which accessory uses =ently exist at the facility that need to be maintained. Sellegren advised truck parking and lift truck repair are accessory uses at the Tyson site and the applicant is concerned that such uses are maintained. . Attorney Filla explained conditions relating to the accessory uses may be defined and regulated in the special use permit, after the accessory uses are identified. Filla advised he is not opposed to the language proposed by the property owner as long as the date of adoption of the ordinance is included in the paragraph and explained the ratio of existing uses on the site will be preserved by the special use permit regulations. The Attorney recc:mnnen::led action be taken on both ordinances and suggested Council determine which language is to be inserted in the original text of Ordinance No. 277, Section VIII (K) (4) (e), to address the concerns of the Tyson property; reviewed the three alternatives f= amending the text, as outlined in his letter dated 4-5-91 and the proposed language distriblted as a handout this evening. He advised that adoption of the ordinances ra:prires four votes by Council. CouncilInember Malone noted the discussion at the Planning CCtnmission meeting relative to the property owner's ~ition to ra:priring application for a special use permit and questioned if the property owner still is opposed to this ra:prirement. Attorney Sellegren advised that Council bas addressed those concerns this evening and the opposition to applying for the special use permit is eliminated since the ratios of uses will be fixed in the SUP process. Council1nember Hansen questioned if the other property owners in the 1-2 category, south of the railroad tracks, expressed any concern regarding the rezoning of their parcels. Planner Bergly advised the other property owners did not appear at the public . hearing and no co=esponience was received expressing opposition to the rezoning. . . . Minutes of the Arden Hills Regular Council Meetin;J, 4-8-91 Page 5 REZONING (Cont'd) Malone moved, seconded by Hansen, to adopt Ordinance No. 277, AMElIDING SECI'IONS V.B., V.E., V.F.; AND ADDING SECI'IONS V.D. (10), V.D. (11), V.D. (12), VIlLI AND rrs SUBDIVISIONS, AND VIILK AND ITS SUBDIVISION 'IO APPENDIX A OF THE ZONING ORDINANCE OF THE CITY OF ARDEN HILIS RELATING 'IO THE RmJIATION OF DE.VEWPMEliIT IN THE SERVICE BUSINESS DISl'RIcr, REI'AIL CENTER DISl'RIcr, AND I -FLEX DISl'RIcr, subject to amerrling Section VIII(K) (4), by strikin;J paragrarbs (e) am (f), am adding paragraphs (e), (f) am (g), as follows: (e) Wholesalin;J am warehousin;J if such use is wholly contained within a building am oocupies not more than 50 percent of the gross floor area of the buildin;J in which it is located. (f) Wholesalin;J, warehousin;J, am related accessory uses which were in existence on April 8, 1991 shall be issued a special use permit, which will allow such uses to continue on the site, = within any existin;J = expanded facilities or improvements thereon, provided that the ratios of special uses to the gross floor area of the building do not exceed the ratios existin;J as of April 8, 1991. The special use permit shall define the scope am ratios of existing uses am may be amended in compliance with the procedural requirements of the city's zoning regulations relative to special use permits . (g) Manufacturin;J or processin;J that generates hazardous waste with a valid hazardous waste generators license from the Ramsey County Public Health Deparbnent = other licensin;J agencies havin;J jurisdiction. am further, to amend the date of publication, am auth=ize the Clerk Administrator to publish a sununary of Ordinance No. 277, as drafted by the city Attorney. Motion carried unanimously. (4-0) Malone moved, seconded by Hansen, to adopt Ordinance No. 278, ADDING SECI'IONS IV.A. (2) 'l'HR()U;H IV.A. (6) 'IO APPENDIX A OF THE ZONING ORDINANCE OF THE CITY OF ARDEN HILIS RELATING 'IO THE REZONING OF PROPERrY, with the followin;J aIIlel'Dments: that all that area located west of Lexington Avenue, north of County Road E, east of Highway 51, am south of the Sault ste Marie Railroad right-of-way am all property located within that area shall be zoned B-2 General Business District am that the city Att=ney shall verify am =ect all Tax Parcel Numbers which are identified in each of the zoning districts in the Ordinance. Motion carried unanimously. (4-0) Attorney Filla advised that the effect of the regulations iIrposed by the City initialed rezoning establish a hardship for the Pugleasa property to request a variance am establish criteria for the warehousin;J facilities to make application f= special use permits. Representatives f= the Tyson Corrpanies am Pugleasa property thanked the Council f= their consideration relative to the property owners =ncern5. Council was refe:cred to the memorandum from the Clerk Administrat= am =espondence from Engineers Maurer am Graham, both dated 4-4-91, relative to response to residents concerns expressed at the Public Hearin;J held March 25, in conjunction with the 1991 Pavement Maintenance lInprovements. RES. 91-25; AWARD BID, PAVEMENr MAINI'. Council discussed the deletion of Valentine Avenue from the project. , Minutes of the Arden Hills Regular Council Meeting, 4-8-91 Page 6 . BID (Cont'd) Engineer Graham advised the street may be deleted from the project, however, the closing of the street is a separate issue. Council discussed Valentine Avenue and the construction alternatives to accomplish closing of the street, such as construction of a cul-de-sac. Councilrnember Mahowald questioned if Valentine Crest will remain in the bid specifications and if the Engineer confirmed the necessity of the street repair. Engineer Graham confirmed that Valentine Crest should be included in the inprovernent and if the bituminous is not repaired at this time, reconstruction of the street will be necessary in the near future. Council discussed the impact of awarding the bid to the contractor pri= to holding the assessment hearing. Attorney Filla suggested deferring action on this matter until such time as it is determined if any streets will be renvved. from the bid specifications. Malone moved, seconded by Hansen, to table the award of bid of the 1991 Pavement Maintenance IlTprovement to the Regular Council Meeting held April 29, 1991, at which time the assessment hearing will be held for this project. Motion carried unanimously. (4-0) . ACCEPI' FEAS. RPI'.; council was referred to a rnernorandwn from the Clerk CXlUNI'Y ROAD D Administrator, dated 4-5-91, and a letter from Engineer Maurer dated 4-3-91, relative to the Ramsey County final feasibility report on the County Road D Ing;lrovement project. Engineer Graham advised the only revision to the original report is the inclusion of a traffic signal, which will not affect the estimated cost participation f= Arden Hills. He advised Engineer Maurer recornmended a=eptance of the report as su!:Ini tted. Malone moved, seconded by Hansen, to auth=ize the Mayor to execute the final feasibility report for County Road D inprovernents, approve the :i1nprovernent project, and auth=ize the expenditure of budgeted funds in the amount of $11,102.00 for the project. Motion carried unanimously. (4-0) RES. 91-29; ADOPI' REVISED INVFSIMENT POLICY Council was referred to a memorandwn from the Clerk Administrator, dated 1-1-91, and attachments relating to the proposed City Investment Policy. City A=ountant SWanson was present to discuss the amendments to the policy. Councilrnember Malone reviewed the ratings listed under the "Commercial Paper" section of the document and questioned the laIX:JUage under the "Banker Acceptances" portion of the document. . The A=ountant advised the ratings were fo:rwarded from a representative of Norwest Bank and the ratings are the staIrlard used in the industry. She explained the language in the "Banker Acceptances" portion of the document was taken directly from Minnesota state statutes. Malone requested the A=untant explain a "Banker Acceptance" and what happens if the city has purchased the acceptances and the bank fails. ~ Minutes of the Arden Hills Regular Cow1cil Meeting, 4-8-91 Page 7 . SWanson explained when the city purchases bankers acceptances a lien on the goods is retained. Malone proposed a revision to the language in the bankers acceptances paragraph f= clarification purposes. POLICY (Cont'd) Malone moved, seconded by Hansen, to adopt Resolution No. 91-29, Adopting the city Investment Policy, arnerx:ling the "Bankers Acceptances" portion to read: "The purchase of Banker Acceptances will be restricted to those acceptances eligible f= purchase by the Federal Reserve System." Motion carried unanilnously. (4-0) ORD. 279; ADOPI'ING STATE & UNIFORM BUIIDING CODES Cow1cil was referred to the proposed Ordinance No. 279, as prepared by Attomey Filla, adopting the 1990 state Building Code, and including the 1988 Edition of the Uniform Building Code and Appendix Chapters 26, 38, 55 and 70. Clerk Administrator Berger advised this is a routine amendment to update the Arden Hills Code of Ordinances. He explained a public hearing is not required on this matter and staff recommends adoption of the amendments. . Hansen moved, seconded by Malone, to adopt Ordinance No. 279, AMENDING CHAPI'ER 6, ARl'ICLE II, SEX::l'ION 6-16 OF THE ARDEN HILIS MUNICIPAL CODE REIATING TO THE ADOPITON OF THE srATE BUIIDING CODE. Motion carried unanimously. (4-0) Council was referred to a memorandum from the Clerk Administrator dated 3-28-91, relative to the performance evaluation and proposed salary increase for Building Inspector Kriesel. Counci1Inember Mahowald questioned if the proposed salary increase is ClCII1parable with inspector's salaries in other communities. PERFORMANCE E\lAL; BIDING. INSPECroR DAVID KRIESEL The Clerk Administrator advised the study for this position was conducted two years ago; explained this position does not provide any additional benefits to the individual. Counci1Inember Malone offered f= discussion the fact that this individual is not technically an employee of the city and is actually a consultant/contractor. He suggested.a salary increase request should be forwarded from the individual as a contractor with the city, rather than utilize the existing method. Counci1Inember Hansen recalled the fenner Building Inspector requested salary increases as deemed necessary. Clerk Administrator Berger agreed that Counci1Inember Malone's analysis is valid and advised he will discontinue the existing method upon direction from Council. Council con=ed to review a request suhnitted by the Building Inspector . relative to a salary increase. Malone 1llOved, seconded by Mahowald, to table action on the performance appraisal and salary increase for Building Inspector David Kriesel. Motion carried unanimously. (4-0) . Minutes of the Arden Hills Regular eouncil Meeting, 4-8-91 Page 8 . AD HOC <XMITTl'EE AProIN'IMENTS ; aIARITABLE GAMBL. May= Sather recommended deferring action on this matter until the May 13 Regular eouncil meeting and advised he was unable to contact individuals for appointJnent. Council concurred. <XlUNCIL ro1MENTS NOI'ICE OF MIGS. Clerk Administrator Berger advised there will be a League of cities legislative Workshop Meeting on 'lhursday, April 11. Council1nember Hansen advised the RCLl.G meeting is scheduled for Wednesday, April 17, at 7:30 p.m.; she is unable to attend. MISCELU\NEDUS; 'IHANK YOU PARK D~R Council1nember Hansen thanked the Park Director for forwarding the positive comments on the Adaptive Physical El:iucation program to Council. Council1nember Hansen noted the request for an extension on the building permit issued to Warren Forslund for the roof on his home. BIDG. PERMIT; W. FORSLUND SHOREWXJD DR. Hansen moved, to extend the Building Permit No. 4060, issued to Warren Forslund, to December I, 1991. . eounci1member Malone seconded the motion f= discussion purposes and commented he did not agree the permit should be extended until 12/1/91. He further suggested that if another extension is granted it should be the last extension. Clerk Administrator Berger explained the item was subnitted to Council for informational purposes. He was unsure if another extension could be granted on the permit. eounci1mernbers Hansen and Malone withdrew the motion and second. REPORI' ; LJVFD MIG. Council1nember Malone reported on the LJVFD Benefit Association meeting; noted payment to the Officers of the Board was approved. eouncil1nember Malone referred to the recanunendation from Finance Committee suggested Council strongly review the use of the Zycad wilding for the City Offices. May= Sather explained that representatives of the Everest Group Ltd., have offered their services to discuss redesign of the building to accommodate the public works deparbnent and other office needs and furnish a cost estimate, at no charge to the city. He suggested he contact Rob Davidson to schedule a meeting with City staff and representatives of the Everest Group to discuss the matter. FINANCE <::o1M. REl:n1MENDATION Council concurred with the recommendation. Counci1member Mahowald commented that the city Hall Committee report has not yet been subnitted; maybe too costly to reconfigure the Zycad facility. Counci1member Malone reported the Finance subcommittee will meet on 'lhursday to . review the Fire Department Audit. , . "'. . " Minutes of the Arden Hills Regular Council Meeting, 4-8-91 Page 9 MISCELIANEDUS; TAX srATEMENI'S Council1nember Mahowald noted he has received =mments from residents relative to their disapproval of the 1991 increased taxes and the percentage of in=ease. Council1nember Mahowald questioned if the city received the grant for plastics recycling. RECYCLING GRANT The Clerk Administrator advised the "service grant" infonnation forwarded to Council is a rellnl::ursement for recycling costs and does not include grant funds for plastics recycling. He stated the city did not receive the plastics recycling grant, however, E-Z recycling is plarming to initiate a plastics recycling program. PCA FUND REIMB. KEM MILIJNG Council1nember Mahowald thanked the Clerk Administrator for pursuing the rellnl::ursement of petroleum funds and for contacting Delta Enviromnental on this matter. Mahowald llIOVed, seconded by Malone, that the meeting be adjourned at 9:20 p.m. ADJOURN l::;~ Clerk Administrator NOl'ICE OF MEEl'INGS 'Ihere will be a Council Worksession Meeting held on Monday, April 15, 1991, at 4: 30 p.m., at city Hall. '!he next Regular Council Meeting will be held on Monday, April 29, 1991, at 7:30 p.m., at City Hall.