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HomeMy WebLinkAboutCC 07-13-1992 , - . . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING July 13, 1992 7:30 P.M. - City Hall ...... ChLL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Councilmember Mahowald called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Dale Hicks, Thomas Mahowald, Paul Malone. (Mayor Sather joined the meeting at 7:33 p.m. under "Public Hearings"). Absent: Councilmember JoAnn Growe. Also present were: City Attorney, Jerry Filla; City Planner, John Bergly; City Engineer, Terry Maurer; Parks Director, John Buckley; Public Works Superintendent, Dan Winkel; Acting Clerk Administrator, Catherine Iago; Recording Secretary, Foster. ADOPT AGENDA Acting Clerk Administrator Iago advised that Attorney Balyk representing agenda item 7D "Discussion of Draft Interim Use Agreement & site Plan Review for What-A-Racquet Sports Club" has advised that item 7D may need to be moved to later on this evening's agenda to allow for his attendance. Note was made that agenda item 7G (Consideration of Resolution No. 92-48) has been revised by the City Engineer and split into two Resolutions (No. 92-48 and 92-49). MOTION: Hicks moved, seconded by Malone, to adopt the July 13, 1992 agenda as amended relative to items 7D and 7G. Motion carried unanimously (3-0). ~ppROVAL OF COUNCIL MINUTES MOTION: Malone moved, seconded by Hicks, to approve the minutes of the June 29, 1992 Regular Council Meeting as prepared. Motion carried unanimously (3-0). CONSENT CALENDAR MOTION: Hicks moved, seconded by Malone, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (3-0). a. Adopt Resolution No. 92-46 Relating to Reapportionment of Assessments Relating to Improvement No. 91-BITOLAY (1991 Bituminous Overl ay) . Approve Estimate #1 - 1992 Tiller Lane Improvements. b. . . . Arden Hills Council 2 Jul y 13, 1992 c. Approve Pay Estimate #4 for 1991 North Snelling Avenue Improvements. d. Adopt Ordinance No. 289 Relating to Residential Recycl ing Fees. e. Approve List of Claims/Payroll. PUBLIC CpMMENTS There were no public comments. PUBLIC HE~!U~9S )<EI.TliSON POND ASSESSMENT HEARING CONT I NUED fRQkLJ:{J1!]!:~-2'OJ-,-~1~~ Mayor Sather joined the meeting at this time. Mayor Sather reopened the meeting at 7:33 p.m. for the purpose of continuing a public hearing on Keithson Pond Assessments. Engineer Maurer stated that information regarding Keithson Pond Assessments was provided at the June 29, 1992 Council meeting. Councilmember Mahowald asked if there is any new information regarding properties contributing to the Keithson drainage problem. Engineer Maurer stated that in reviewing the properties, MSA believes the information given at the June 29 meeting as to which properties contribute drainage and are thus subject to assessment is correct. He added that it has been determined that the townhomes in the area do not significantly contribute drainage. Councilmember Hicks asked if the alternative plan described in the engineer's July 8 memo, at a cost of $8,000 - $13,000, will adequately correct the existing drainage problem. Maurer said the plan would address the existing problem, and the design would provide for overflow to cross the Reiling property. He added that the development which has occurred in the Keithson addition would increase the runoff across the Reiling property. Further, this overland flow would have to be dealt with when the remaining Reiling property is developed. Councilmember Hicks questioned whether an easement would be necessary if the retention pond were designed properly. Attorney Filla said the Reiling property owner would argue that the City does not have the right to use his property without an easement. Councilmember Malone said the original intent was to drain across the Reiling property, but it is not known whether that would have worked. He added that it . Arden Hills Council 3 July 13, 1992 appears that there ~s now an improved plan to address the problem. Councilmember Malone reminded that the appraiser has determined that a $1,500 per lot assessment would be justifiable to benefiting lots. He commented that in viewing the topographical maps of the Keithson area, it appears that lots on the eastern side of the street contribute about 50% of their drainage to Keithson pond, lots on the western side of the street contribute 100% of their drainage to the pond, and one lot on the northeast contributes about 25% of its drainage. In light of this observation, he suggested that the western lots (except for the one at the north end) be assessed at 100%, eastern lots and the most northwestern lot at 50%, and the one north lot at 25% of $1,500. Councilmembers Mahowald and Hicks concurred. MOTION: Malone moved, seconded by Hicks, to determine that the Keithson Pond project provides the following benefits in storm water run-off, and assessments are to be run over a five year period and calculated on the basis of 100% being equal to $1,500 per lot. 100% benefit ($1,500 assessment) to lots with addresses 4527, 4521, 4509, 4503 Keithson Drive; 50% benefit ($750 assessment) to lots with addresses 4504, 4510, 4516, 4522, 4528, 4534, 4539 Kei thson Drive; 25% benefit ($375 assessment) to lot with address 4540 Keithson Drive. Motion carried unanimously (4-0). . Council questioned when construction would begin. Engineer Maurer stated the City has the right of entry to begin proceeding with the work upon notification of the contractor. Attorney Filla concurred. QN~INISHED AND NEW BUSINESS ORD I NANCE_2JlJL._= ._DE:.YE:.19YM_EIL'r MQRA TQR IQI1 . City Planner Bergly advised that after several months of discussion, the Planning Commission has recommended that Council adopt a development moratorium, via adoption of Ordinance 288, for a one-year period in order to provide time for a comprehensive review of the City's zoning regulations. MOTION: Malone moved, seconded by Hicks, to adopt Ordinance Establishing a City-Wide Development Moratorium for year. Motion carried unanimously (4-0). 288 one . Arden Hills Council 4 July 13, 1992 CA~~_92-06 - AMEND SUP - AMOCO OIL City Planner Bergly gave the following background with regard to a request for a car wash at Amoco Oil, 1306 West County Road E: . The Planning Commission, at their June 1992 meeting, reviewed the request but had several concerns and recommended denial. Following that meeting, the applicant and staff worked out a different layout for the car wash which meets all ordinance requirements without the need for a variance. The revised plan calls for the car wash to be detached and handled as an accessory building. The station has about 20 parking stalls on the site, and is required by code to have 16 stalls. However, because the station has had the need for more parking, a long-term parking agreement with the adjacent restaurant exists. Planning Commission reviewed the revised plan on July I, 1992 and recommended approval of the amended special use permit with 11 conditions, and subject to the applicant submitting the parking lease and title of the property for review by the City Attorney. Councilmember Malone asked if concerns regarding stacking of vehicles entering the car wash have been addressed. Bergly said that stacking of vehicles using the revised plan does not appear to be a potential problem, that during peak car wash use, vehicles can be stacked on site without interfering with traffic on County Road E. Bergly added that the revised plan exits car wash vehicles quite a distance from County Road E, which should eliminate potential icing of County Road E during cold weather. Councilmember Malone noted that the parking agreement between Amoco and the adjacent restaurant runs month to month and only until July 1994. Attorney Filla recommended that condition 6 of Planning Commission's approval, (addressing the parking agreement), read as follows: . "That the parking agreement between the restaurant and Amoco be filed with the SUP as this parking is necessary to meet the parking requirements of the station. The parking agreement shall provide 20 additional spaces. In the event that lease terminates, the SUP shall be reviewed and the City may impose additional restrictions necessitated by loss of parking spaces, including, but not limited to, the reduction in the intensity of the use." . Arden Hills Council 5 July 13, 1992 Harry Schroeder, architect for Amoco, explained that currently the additional parking has been required since there is more demand for the service garage than can be handled. By adding a third service bay to the station, more service work can be performed in a quicker fashion, thus fewer cars will be parked. Councilmember Mahowald said theoretically that may be so, however, he preferred using the language suggested by Attorney Filla relative to condition 6. Councilmember Mahowald asked if the concerns expressed by the adjacent dental office have been addressed. Bergly said the dental office concerns related to trespass light from the car wash, and the new layout eliminates that potential problem. MOTION: Malone moved, seconded by Hicks, to approve the amended SUP for Amoco oil Company, 1306 West County Road E, (Case 92-06) subject to: Ten conditions spelled out within the July 1, 1992 Planning Commission minutes, condition 6 to read: "That the parking agreement between the restaurant and Amoco be filed with the SUP as this parking is necessary to meet the parking requirements of the station. The parking agreement shall provide 20 additional spaces. In the event that lease terminates, the SUP shall be reviewed and the City may impose additional restrictions necessitated by loss of parking spaces, including, but not limited to, the reduction in the intensity of the use.", and, Proof of parking lease between Amoco and the adjacent restaurant and title for the property be provided to the City Attorney for his review and approval. Motion carried unanimously (4-0). . CASE 92-12 - MINOR SUBDIVISION - ALPO . City Planner Bergly outlined the existing 14.88 acre property at 4251 Fernwood Avenue North, which the owner is proposing to split into two nearly equal sized parcels, one for the Alpo Pet Food site and one vacant parcel. He added that there is a slight discrepancy in the lot descriptions which will need to be cleared, but Planning Commission's position was that the intent was obvious and acceptable and the attorneys could work out the lot description details, therefore, they recommended approval of the minor subdivision with six conditions. . Arden Hills Council 6 July 13, 1992 In response to Council questions, Berg1y stated that one possible use of the newly created vacant parcel would be that CPI would purchase it for parking purposes. Parks Director Buckley stated that perhaps the City trail could then connect to CPI property. Mike Nordstrom, representing Grand Met/Alpo Pet Foods, said that condition 2 of the Planning Commission is that park dedication requirements be determined and either dedicated along with the division or paid prior to filing. He asked if it would be possible to wait until the newly created parcel is developed in order to allow input from a new owner. Attorney Filla stated that typically park dedication fees are imposed as part of a lot split. In order to accommodate Mr. Nordstrom's request, he suggested that before the City stamp the deed, it include notations as to the need to satisfy park dedication. MOTION: Hicks moved, seconded by Mahowald, to approve the minor subdivision/lot split, (Case 92-12) with the six conditions spelled out in the July 1, 1992 Planning Commission minutes, condition 2 to read: "Park Dedication requirements are to be determined, and the deed for the newly created vacant parcel is to be stamped with a notation that park dedication requirements must be satisfied before issuance of a building permit." Motion carried unanimously (4-0). . INTERLM USE AGREEMENT/SITE PLAN WHAT-A-RA~QUET SPORTS CLUB Attorney Filla stated that rather than litigate this issue, he and Attorney Ba1yk, representing Dennis Foster/What-A- Racquet Sports Club, have discussed the possibility of entering into an interim use agreement which would allow Mr. Balyk's client to construct a tennis facility for a five year period. . Council was provided a copy of the draft interim use agreement. Filla explained that the agreement allows for a three year extension at the end of the initial five years, provided the developer requests the extension 90 days prior to expiration of the initial five year period, and provides data or information in a form acceptable to the City which indicates that: 1) The developer has made a good faith effort to obtain financing for a permanent structure but is unable to obtain such financing, and, . . . Arden Hills Council 7 July 13, 1992 2) The developer needs additional time to repay debt incurred to construct the project. Attorney Filla drew attention to the fact that the language requires the developer must meet both requirements. Councilmember Malone commented that the interim use agreement appears to match Council's intent. Mayor Sather asked what would happen if financing for this project falls through. Filla responded that the developer must satisfy the terms and conditions of the agreement within 60 days or must comply with the City's ordinances (including development moratorium) unless Council excludes this issue from the moratorium. MOTION: Malone moved, seconded by Hicks, to authorize the Mayor and City Administrator to execute the Interim Use Agreement between the City and Dennis Foster/What-A- Racquet Sports Club. Motion carried unanimously (4-0). MOTION: Malone moved, seconded by Hicks, to approve the site plan (Case 92-09) for Dennis Foster/What-A-Racquet Sports Club, subject to execution of the Interim Use Agreement. Motion carried unanimously (4-0). Councilmember Hicks commented that in discussions with the developer, the developer has suggested 8% park dedication fees, and delaying payments until December, 1992 with prime rate interest. Hicks added that the land value, as determined by the developer's appraiser is $420,000. Hicks stated that he would prefer a 10% park dedication fee but would be agreeable to delayed payments with prime rate interest. Council concurred. Councilmember Malone commented that although the What-A- Racquet building is to be a recreational use, it is also a profit business, and is therefore subject to park dedication in the same manner as any other building permit. RESOLUTION 92-4Lll-CC1H'TJNiUU12 1992 COLD IN PLACE RECYCLING PROJECTS Engineer Maurer stated there were three bids received July 9, 1992, on the 1992 Street cold In place Recycling Improvements, of which the lowest bid was $82,948.10 from Ashbach Construction. He added that this low bid is 30% under the engineer's estimate, and that bidder has received good references from Ramsey County and the State of Minnesota for similar work done in those jurisdictions. . . . Arden Hills Council 8 July 13, 1992 Council was asked to accept all bids, by adopting Resolution 92-46; action to award the contract to be accomplished at a later time. MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-46 Accepting Bids In The Matter Of The 1992 street Cold In Place Recycling Improvements. Motion carried unanimously (4-0). RESOLUTION 92-47 ASSESSMEN'L RATE 1992 COLD IN PLACE RECYCLING PROJECTS Councilmember Malone commented that the amount of $10.73 per assessable front foot, noted within draft Resolution 92-47, might be somewhat low as a front foot assessment rate due to a competitive bidding market. He said $11.00 per front foot would probably be a more typical figure. Engineer Maurer concurred. Councilmember Hicks asked if City Engineers expect any change orders which may increase the cost of the cold in place recycling projects. Maurer said no change orders are anticipated. MOTION: Hicks moved, seconded by Malone, to adopt Resolution 92-47 Establishing A Commercial/Industrial Assessment Rate For 1992 Cold In Place Recycling Improvements ($11.00 per assessable front foot). Motion carried unanimously (4-0). RESOLUT ION 92 - 48 _~ ASSESSMENTS H$~T ROUND LAKE ROAD - 1992 COLD IN PLACE RECYCLING PROJECT MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-48 Determining Assessed Cost Of Improvement And Ordering Preparation Of Proposed Assessment Roll In The Matter Of The West Round Lake Road 1992 Cold In place Recycling. Motion carried unanimously (4-0). RESOLUTION 92-49 - ASSESSMENTS DUNLAr STREET - 1992 COLD IN PLA~~ RECYCLING PROJECT MOTION: Malone moved, seconded by Hicks, to adopt Resolution 92-49 Determining Assessed Cost of Improvement And Ordering Preparation Of Proposed Assessment Roll In The Matter Of The Dunlap Street 1992 Cold In place Recycling. Motion carried unanimously (4-0). Councilmember Mahowald asked when the cold in place recycling projects would begin. Engineer Maurer responded .' . . - Arden Hills Council 9 July 13, 1992 that they could begin in late August and be completed in September. FRANCIS ~QDLASEK DRIVEWAY ISSUE This agenda item was continued from the June 29, 1992 Council meeting. Council was in receipt of correspondence from Engineer Graham, wherein Graham, as directed by Council, determined a cost of $1,500 for pavement removal and excavation from Mr. podlasek's driveway at 4410 North Snelling Avenue. Council was also in receipt of correspondence from Mr. podlasek outlining a chronology of events leading to his dissatisfaction with his driveway as part of the reconstruction of North Snelling Avenue, as well as three estimates solicited by Mr. Podlasek. Mr. Podlasek stated that of the three bids he received (ranging from $1,830 to $2,240) he preferred the $2,240 bid because it addressed necessary landscaping of his yard in addition to correcting his driveway. Engineer Maurer commented that Engineer Graham's estimate does not address trees or landscaping and includes less fill removal than the three estimates Mr. Podlasek received. Councilmember Malone noted per Graham's correspondence that if the driveway would have been cut back 40', as originally recommended to Mr. Podlasek as part of the North Snelling Avenue Reconstruction project, the cost would have been approximately $376. Maurer explained that since street reconstruction projects do not typically address landscaping or trees, the $376 figure does not include those items. He added that performing corrective work now will also be more expensive simply because it is not part of a large project. Mayor Sather commented that he considers landscaping an improvement to the private property, unrelated to the driveway issue. Councilmember Mahowald concurred and stated that landscaping work is also beyond the scope of what would have been done as part of the North Snelling Avenue Reconstruction project. Mr. Podlasek said that as a result of the reconstructed street, he has given up trees and acceptable landscaping and he thinks Council would agree if they were to view his property. Councilmember Hicks commented that if Mr. Podlasek had taken action while the contractor was still working the street reconstruction project, he could have avoided the higher . . . . Arden Hills Council July 13, 1992 10 expense involved now. He asked Mr. podlasek how much responsibility he assumes for not taking prompt action. Mr. podlasek said he doesn't think he has any responsibility for what happened. Councilmember Malone stated that in all City projects, the City does the best it can, but the public must also do their part. He stated that the City is not responsible to return a driveway back to its original grade after construction projects, some deviation of original grade may be necessary to match reconstructed streets. Attorney Filla stated that in situations such as this he recommends that before any amount of compensation is awarded, the City receive a release of claim. For purposes of discussion, Councilmember Mahowald offered the following motion. MOTION: Mahowald moved, seconded by Hicks, to compensate Mr. Podlasek in the amount of $1,900 for improvement of his driveway, upon receipt of a release of claim. Motion failed (3-1; Mahowald voted aye; Sather, Malone & Hicks voted nay). Councilmember Malone commented that he believes a fair compensation is about half the amount in the previous motion because he does not think someone should "benefit" from a project in this manner. Mayor sather concurred. MOTION: Malone moved, seconded by Hicks, to compensate Mr. Podlasek in the amount of $800 for improvement of his driveway, payable to a contractor of Mr. podlasek's choice, upon receipt of a release of claim. Motion carried unanimously (4-0). ~QJJ~CIL COMMENTS ARMY RE?ERVE BREAKFAST & PROPERT~ Acting Clerk Administrator Iago reminded Council of the Arden Hills Army Reserve Center informal breakfast meeting on July 22, 1992 and noted which Councilmembers might attend. Mayor Sather announced that he will be meeting soon with Army representatives regarding potential use of the Army Reserve property; he invited Council to attend. . . . " Arden Hills council July 13, 1992 11 l;.RDErLELACE DRAINAGE Councilmember Malone suggested and Council directed the City Engineer and appraiser to determine the benefit to residents affected by the Arden place Drainage project in time to discuss the matter at the next Council worksession. EIRE DEPARTMENT BENEFITS Counci1member Malone updated as to changes in benefits for the Fire Department. YACATION OF EASEMENT Councilmember Hicks, for informational purposes, provided Council with a memo regarding a resident's idea that the City request the County vacate a portion of the easement along old Snelling Avenue. Hicks said if Council desired, this item could be discussed at a later time. NORTHWESTERN COLLEGE Councilmember Hicks said he disagrees with the Planning Commission's decision to notify Northwestern College that they are in violation of the City's zoning code for activities on the waterfront. Acting Clerk Iago stated that rather than issue a violation, she and City Planner Bergly will be meeting with representatives from the college in this regard. CITY HALL SITE Mayor Sather updated, and promised to keep Council abreast, as to discussions involving a possible property trade of the existing City Hall site for property near West Round Lake. ADJOURN MOTION: meeting Malone moved, at;:/9!30 p.m. li'/ ,ot"\. \_,,-",; " \' \(;.L'!<,' ! ',--,V) "'''--.-' Sather; Mayor Deputy Clerk I,,' i,/Afl(,l~! j r .. Thomas R. NOTICE OF MEETINGS: The next Council worksession will be held July 20, 1992 at 4:30 p.m. The next regular Council meeting will be held July 27, 1992 at 7:30 p.m, at City Hall.