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HomeMy WebLinkAboutCC 08-17-1992 . . . 1.. MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING August 17, 1992 7:30 P.M. - City Hall Q~LL TO ORDER/~OLL CAL~ Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Thomas Sather; Councilmembers Dale Hicks, Thomas Mahowald, Paul Malone. Absent: Councilmember JoAnne Growe. Also present were: Attorney, John Miller; City Planner, John Bergly; Engineer, Bill Westerberg; Acting Clerk Administrator, Catherine Iago; City Accountant, Terry Post. ADpPT AGENDA MOTION: Hicks moved, seconded by Malone, to adopt the 17, 1992 agenda as presented. Motion carried unanimously (4-0). August APP~Q.,,}\.L 01"'- COUNCIL MINUTES Councilmember Hicks recalled that he voted differently on the two motions on Page 10 of the July 13, 1992 minutes than the minutes reflect, and asked the minutes be revised to reflect his "nay" vote on the first motion and "aye" vote on the second motion. MOTION: Mahowald moved, seconded by Malone, to approve the minutes of July 13, 1992 Regular Council Meeting with revisions to page 10 as requested by Councilmember Hicks, and approve the minutes of the July 27, 1992 Regular Council Meeting as prepared, Motion carried unanimously (4-0). CONSENT_CALENDAR Councilmember Malone referred to consent calendar item d and noted an incorrect type font was used on the proposed City trail maps. He requested staff use the correct type font prior to printing the maps. MOTION: Hicks moved, seconded by Malone to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0). a. Proclamation declaring school term 1992-1993 as Stay In School/Stay off Drugs/Be All You Can Be Year " . . . ; , ' Arden Hills Council 2 August 17, 1992 b. Acknowledge Receipt of July 1992 Investment Portfolio and Financial Reports. c, Authorization to Purchase Spring and winter Banners. d. Authorization to Expend Funds to Print city Parks & Trail Maps. e. Adopt Resolution No. 92-56 Declaring Support for the Suburban Area Chamber of Commerce. f. Appointment of Election Judges for 1992 State Primary Election. g. Approve Pay Estimate #2 for 1992 Tiller Lane Improvements. h. Acknowledge Receipt of July, 1992 Ramsey County Sheriff's Department Report. i, Approve List of Claims/Payroll. PU~LIC COMMENTS There were no public comments. ?UBLIC HEARINGS DUNLAP STREET - 1992 COLD IN-PLACE RECYCLING PROJECT ASSESSMENT HEARING RESOLUTION 92-57 ADOP~ING ASSESS~~N~ ROLL RESOLUTION 92-58 AUTHORIZJNG CONTRACT Mayor Sather opened the meeting at 7:36 p.m. for the purpose of conducting a public hearing on assessments for the 1992 Cold In-Place Recycling Improvement to Dunlap Street. Acting Clerk Administrator Iago verified publication of the notice of hearing in the New Brighton Bulletin on Wednesday July 29, and mailing to affected property owners on Thursday, July 30, 1992. Engineer Westerberg stated: On June 8, 1992, a public hearing was held on the Dunlap Street Improvement project, at which an estimate of $14 - $15 frontage foot assessment was projected. Upon Council direction, plans and specifications were prepared for the project, and bids were received. The lowest bid received was approximately 30% below the engineers' estimate for construction of the project. The proposed funding for this project is to be 50% assessed to the property owners and 50% paid by the City, with an assessment rate (established by Council on July 13, 1992) of $11.00 per frontage foot. Acting Clerk Administrator Iago reported that no correspondence has been received with regard to this assessment hearing. There were no comments from the audience. The public hearing was closed at 7:41 p.m. . Arden Hills Council 3 August 17, 1992 MOT ION : Hicks moved, seconded by Malone, to adopt Resolution No. 92-57 Adopting Final Assessment Roll In The Matter Of The 1992 Dunlap Street Cold In-Place Recycling Improvements. Motion carried unanimously (4-0). MOTION: Hicks moved, seconded by Malone, to adopt Resolution No. 92-58 Authorizing Execution Of contract In The Matter Of The 1992 Dunlap Street Cold In-Place Recycling Improvement. Motion carried unanimously (4-0) , ROUND LAKE ROAD_~EST - 1992 .~QLD IN-PLACE_ RECYCLING PROJECT ASSESSMENT HEARING RESOLUTION 92-60 ADOPTING ASSESSMENT ROLL RESOLUTION 92-59 AUTHORIZING CONTRACT . Mayor Sather opened the meeting at 7:43 p,m. for the purpose of conducting a public hearing on assessments for the 1992 Cold In-place Recycling Improvement to Round Lake Road West. Acting Clerk Administrator Iago verified publication of the notice of hearing in the New Brighton Bulletin on Wednesday July 29, and mailing to affected property owners on Thursday, July 30, 1992. Engineer Westerberg stated: On June 8, 1992, a public hearing was held on the Round Lake Road West Improvement project, at which an estimate of $14 - $15 frontage foot assessment was projected. Upon Council direction, plans and specifications were prepared for the project, and bids were received. The lowest bid received was approximately 30% below the engineers' estimate for construction of the project. The proposed funding for this project is to be 50% assessed to the property owners and 50% paid by the City, with an assessment rate (established by Council on July 13, 1992) of $11.00 per frontage foot. Acting Clerk Administrator Iago reported that correspondence dated August 3, has been received from Scholl's Inc. The correspondence neither opposes or favors the assessment, but lists concerns relating to drainage issues; staff has responded to the correspondence. There were no comments from the audience. Public hearing was closed at 7:47 p.m, . Councilmember Malone questioned the nature of the drainage concerns expressed by Scholl's, Inc. Engineer Westerberg stated that Scholl's initially had some concern regarding drainage relative to their driveway, which was addressed by repaving the driveway. He added that Scholl's present concern involves drainage patterns to the north of the driveway. He explained the measures planned to be taken to address the situation, and stated that he does not anticipate a problem, . Arden Hills Council 4 August 17, 1992 MOTION: Malone moved, seconded by Mahowald, to adopt Resolution No. 92-60 Adopting Final Assessment Roll In The Matter Of The 1992 Round Lake Road West Cold In-Place Recycling Improvements. Motion carried unanimously (4- 0). MOTION: Malone moved, seconded by Mahowald, to adopt Resolution No. 92-59 Authorizing Execution Of Contract In The Matter Of The 1992 Round Lake Road West Cold In-Place Recycling Improvement. Motion carried unanimously (4-0). ~~FI~ISHED AND NEW ~g~INESS CASE 92-11: SUP - HOME OCCUPATION 3966 GLENVIEW AVENU~ . Planner Bergly stated that Case 92-14 is an application for a special use permit (SUP) for a beauty salon home occupation at 3966 Glenview Avenue, He explained the location of the home and that the business is proposed to be operated from the walkout lower level of attached garage. Bergly advised that the Planning Commission held a public hearing on this case on August 5, where the only public comments expressed were from a neighbor and related to neighborhood security, precedent setting, and potential traffic congestion concerns, Bergly stated that the Planning Commission recommended: 1) Waiving the Development Moratorium because this application meets the requirements of both the existing and proposed ordinance and will not impact development or use of neighboring property, and, 2) Approval of an SUP with six conditions suggested by Bergly and a seventh condition relating to allowed hours of operation. He added that the City Attorney reviewed the conditions and made minor language revisions to assure the permit is granted only to the property "owner" (rather than "resident") and operation be allowed only at the 3966 Glenview residence, . Councilmember Malone questioned whether it is appropriate to consider an SUP or a home occupation permit. Planner Bergly stated that under current ordinance, and the proposed amendments to the zoning ordinance, an SUP would be appropriate. Bergly explained that under the proposed revision, a home business (such as home office without patrons) does not require an SUP; however, a beauty salon which would depend upon patrons coming to the residence, does require a SUP. Attorney Miller added that typically an SUP runs with the land rather than with the owner, but . Arden Hills Council 5 August 17, 1992 Council could add yet another condition whereby the SUP would expire upon the sale of the property, Mahowald moved, seconded by Malone, relative to Case 92-14, to waive the Development Moratorium, and approve a special use permit for home beauty salon occupation with the following conditions: MOTION: l. 2. 3 . 4. 5. 6. 7. . 8. 9, The applicant's State Cosmetology License will be filed with the permit when available, Only one work station will be provided, Only the owner of the dwelling is authorized to provide cosmetology services, The driveway will be used for patron parking (i.e.; no on-street patron parking), There will be no external evidence of the home occupation, Exterior lighting will be of a "residential" type and will not be obtrusive to neighboring property, The business must close by 7:00 p.m., Monday- Friday, and by 4:00 p.m. on Saturday, The special use permit applies only to the current homeowner and only at the residence at 3966 Glenview Avenue, and The special use permit will expire upon sale of the property at 3966 Glenview Avenue, The applicant, Cynthia Garretson, stated that hours of operation, outlined within condition 7 of above motion, were a compromise during discussions with the Planning Commission, however, she preferred some flexibility of those hours, She added that she has a limited time in which to renew her State Cosmetology License, and is required to note her anticipated hours of operation on that application. Council discussed the issue of whether or not to regulate hours of operation. Acting Clerk Administrator Iago reported that there is one other SUP in the City for a beauty salon; that SUP makes no regulation of salon hours, that salon is still in operation, and there have been no complaints received. Sather moved, seconded by Hicks, motion by striking condition 7. carried unanimously (4-0). MOTION: . ORIGINAL MOTION: to amend the above Motion to amend Council then voted upon the original motion, (made by Mahowald and seconded by Malone) as stated except striking condition 7. Motion carried unanimously (4-0). . Arden Hills Council 6 August 17, 1992 CASE 92-15,-.~UP AMENDMENT & HEIGHT VARIANCE J:1]';_THEL COLLEGE Council was given an opportunity to view a model of the Community Life Center auditorium proposed to be built on the Bethel College campus. planner Bergly explained that in 1981, the City granted a special use permit (SUP) for a Master Plan for the college. He added that due to a reconfiguration of the footprint and height of the Community Life Center, staff recommends treating this matter as aD SUP amendment with a height variance. . Bergly explained the three issues relative to this case: 1) The original Master plan called for a building nearer to Valentine Lake, however, current shoreland regulations require a 50' setback. The college chose to adjust the Master Plan (requiring an amendment to the SUP) rather than seek a shoreland setback variance. 2) An existing open ditch in the area would flow very close to the edge of the proposed Community Life Center, therefore an underground storm sewer is being proposed, 3) The City's zoning ordinance allows a maximum height of 35' but spells out four criteria for a variance. For performing arts acoustical and symbolic/image reasons, the proposed building would be 75', which would require a 40' variance. All four criteria for a height variance have been satisfied. (For purposes of comparison, North Heights Church was granted a 30'+ height variance.) Councilmember Hicks asked if Rice Creek watershed District has considered the water management changes. Bergly stated that his understanding is that everything has been approved except for a Maintenance Agreement, which is currently being negotiated by the attorneys involved. . Bergly advised that Planning Commission recommended: 1) Waiving the Development Moratorium because this application meets the requirements of both the existing and proposed ordinance and will not impact development or use of neighboring property, and, 2) Approval of an SUP amendment with height variance on the conditions that: A) Upon approval, building and roadway changes are made to the Master plan for filing with the SUP, B) other City approved improvements not incorporated on the Plan, be incorporated on the Plan, C) The new plan contain City approval date, and D) Rice Creek Watershed District approves a Maintenance Agreement relative to drainage. , I. '" . . . Arden Hills Council 7 August 17, 1992 Councilmember Malone opened discussion regarding the height issue, He commented that it should be understood that this is a unique circumstance in that this building provides a monument type building for the entrance to the college and it does not obstruct views of other properties. Dave Lissner, representing the college, emphasized that in considering the SUP amendment, it should be noted that the concept of the proposed building has not changed from the original Master Plan. He added that it is understood that the height variance would only apply to this particular set of plans, planner Bergly agreed that if a height variance were granted, it would be attached to this particular set of plans, and any substantial revisions to the plans would require Council reconsideration. Norris Strawbridge, architect for the college, clarified the heights of specific points along the roofline of the proposed building, requiring a variance to 75' height. MOTION: Hicks moved, seconded by Malone, relative to Case 92- 15, Community Life Center at Bethel College, to: 1) Waive the Development Moratorium, and 2) Approve amendment to SUP relative to the location of the building, on the conditions that: A) Upon approval, building and roadway changes are made to the Master Plan for filing with the SUP, B) other City-approved improvements not incorporated on the Plan, be added to the Plan, C) The new Plan contain City approval date, and D) Rice Creek Watershed District approves a Maintenance Agreement relative to drainage; and 3) Approve the granting of a height variance of 40' (allowing a maximum building height of 75'), This variance is applicable only to this structure and granted in support of the unique design of the structure on the basis that all height variance criteria has been satisfied. Motion carried unanimously (4-0). ~ONING ORDINANCE ~ENDMENTS Councilmember Malone commented that he has some specific questions relative to this agenda item and would suggest tabling. planner Bergly stated that at this time, all that is being requested is to begin the process of review of the proposed amendment; indicated that Council may wish to hold a joint session with Planning Commission to discuss " ',I . . . Arden Hills Council 8 August 17, 1992 revisions, Malone reiterated this issue should be deferred at least until Council's october or November worksessions. MOTION: Malone moved, seconded by Mahowald, to table the agenda item relating to zoning ordinance amendments. Motion carried unanimously (4-0). RESOLUTION 92-61 - PLANS & SPECS & AUTHORIZING BIDS ARDEN PLACE STORM SEWER Council reviewed quotes compiled by Public Works Superintendent Winkel for the cleaning of Arden place storm sewer. Councilmember Malone commented that if a final attempt is made at unclogging the existing pipe in the Arden Place area, at a cost of approximately $100 per hour, it would be prudent to try for a limited number of hours rather than spend significant money to no avail. Councilmember Mahowald said he recalled specifically directing the Public Works Department, during the last discussion of this matter, to accomplish one final attempt to unclog the pipe assuming a reasonable cost. He suggested that, in the interest of time, Council authorize advertising for bids for the Arden Place storm sewer project, in case the attempt to unclog the existing pipe is unsuccessful. Beverly Aplikowski, 1742 Gramsie Road, stated that any time an attempt is made to unclog a pipe, there is the risk of breaking the pipe, which will require immediate attention to provide some kind of drainage system. She supported Council action to advertise for bids now, in addition to directing staff to make a final attempt to unclog the existing pipe. MOTI ON: Mahowald moved, seconded by Hicks, to adopt Resolution 92-61 Approving Plans and Specifications And Ordering Advertisement For Bids In the Matter of Arden Place Storm Sewer Improvements. Motion carried unanimously (4-0), MOTION: Malone moved, seconded by Hicks, to direct the Public Works Department to bring in a firm within the next two weeks to attempt to unclog the existing Arden Place pipe at a maximum cost of $500. Motion carried unanimously (4-0). Councilmember Mahowald commented that the Public Works Superintendent is on vacation for the next couple of weeks. Acting Clerk Administrator Iago stated that she will forward Council's direction to Public Works Foreman McKinney, '. . . . Arden Hills Council 9 August 17,1992 COUNCIL COMMENTS CITY HALL SITE Acting Clerk Administrator Iago advised that, per direction to solicit quotes for an appraisal on the existing City Hall site/Harstad property/Arden Place drainage area to be accomplished in a speedy fashion, she received one quote from an appraiser who could perform the work in a timely manner. She added that there were other appraisal companies contacted who were interested in providing a quote but were unable to perform the work expediently. Councilmember Mahowald commented that he quesU oned whether t.here is an immediat.e need for an appraisal, so perhaps it would be appropriate to solicit addit.ional quotes. Council concurred and direct.ed Iago to solicit additional quot.es. KUNZE DRAINAGE ISSUE Councilmember Malone drew attention to a drainage issue report.ed by Robert Kunze, 4073 Valent.ine Court, in his July 17, 1992 let.ter, and asked what. act.ion was t.aken in that regard, Acting Clerk Administrator Iago reported that Public Works Superintendent Winkel has had conversations with Mr. Kunze and sent. a letter in response; she would forward a copy of Winkel's correspondence t.o Council. &~Q~_QENT LETTER REGARDING AN~~AL FEE FOR WATER TESTING Councilmember Malone drew attention t.o correspondence received from Arden Erickson, 1555 Briarknoll Circle, wherein Mr. Erickson expressed opposition to the annual fee of $5,21, (recently mandated by the Minnesota Department of Health to cover the cost. of testing drinking water) which will be collected through City utility billing. He directed staff to respond to Mr, Erickson by acknowledging his correspondence. FERNWOOD AVENUE.J.jATlj;R TOWER Councilmember Malone referred to a letter dated July 31, 1992 from the City Engineer recommending inspection and testing of the interior of the Fernwood Avenue water tower at an estimated cost of $3,000. He suggested waiting until the City's south water tower is paid for before incurring costs relating to the Fernwood Avenue water tower, ARSENAL SITE Councilmember Mahowald reported that a meeting has been arranged with Congressman Vento on August 26, 1992 at 9:00 ~." .' t.. . . . Arden Hills Council 10 August 17, 1992 a,m. regarding assistance in procuring the arsenal property, Updates were given regarding attempts to arrange like meetings with Senators Durenberger and Wellstone, Staff was directed to follow up in confirming those arrangements, SALARY INCREASE - PARKS DIRECTOR Mayor Sather reported that Council, immediately after adjournment of the July 27, 1992 Council meeting, met in closed session to perform a performance evaluation on Park Director John Buckley, He added that as a result of that performance evaluation, Council consensus was to approve a salary increase, He suggested Council make a motion to formally approve the salary increase, MOTION: Mahowald moved, seconded by Hicks, to approve a salary increase for Parks Director John Buckley, to Step 3 of the 1992 Pay Plan, retroactive to July 1, 1992. Motion carried unanimously (4-0), APPOINTMENT OF CLERK ~DMINISTRATOR Council was provided with correspondence from the Brimeyer Group, (a firm hired to assist the City in filling the City Administrator vacancy) which recommended Council appoint Dorothy Person as City Clerk Administrator, The correspondence outlined the final salary and benefit package negotiated between Ms, Person and Brimeyer (on behalf of the City), and stated that Ms. Person is prepared to begin employment September 8, if appointed this evening. MOTION: Mahowald moved, seconded by Hicks, to accept the employment arrangements, as stipulated in the correspondence from Brimeyer Group, and approve the appointment of Dorothy Person to the position of City Clerk Administrator, effective September 8, 1992. Motion carried unanimously (4-0). AIl,IQ..URr{ moved, t 8:45 , Deputy Clerk NOTICE OF MEETINGS: Budget meetings will be held August 19 & 24, 1992 at 4:00 p.m. The next regular Council meeting will be held August 31, 1992 at 7:30 p.m. at City Hall,