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HomeMy WebLinkAboutCC 12-27-1993 . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING December 27, 1993 7:30 P.M. - New Brighton City Hall CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Sather called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Paul Malone; Mayor Sather. Absent: Dennis Probst. Also present were: City Engineer, Terry Maurer; City Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger; Public Works Superintendent, Dan Winkel; City Administrator, Dorothy Person; and Recording Secretary, Renee Kaulfuss. ADOPT AGENDA MOTION: Hicks moved, seconded by Malone, to adopt the December . 27, 1993 agenda as revised. Motion carried unanimously (4-0) . APPROVAL OF COUNCIL MINUTES Malone moved, seconded by Hicks, to approve the minutes of the December 13, 1993 Regular Council Meeting, and the December 16, 1993 Worksession Meeting as prepared. Motion carried unanimously (4-0) . PUBLIC HEARING - CONTINUANCE OF ASSESSMENT HEARING REGARDING 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT and PUBLIC HEARING - FINAL ASSESSMENT ROLL & COST ALLOCATION IN THE MATTER OF 1993 ARDEN PLACE DRAINAGE IMPROVEMENT PROJECT Mayor Sather advised the Council that the cost sharing agreement between Noyed, Bauer, and Bongard and the City has not been finalized as of this date. Staff will continue to work with all parties to resolve the issues that remain - outstanding. Mayor Sather commented that since the cost sharing agreement for the Arden Place private/public . Arden Hills Council 2 December 27, 1993 drainage improvement had not yet been finalized, it would be prudent to continue both public hearings that had been scheduled to take place this evening. Council concurred. MOTION: Malone moved, seconded by Hicks, to continue both the public hearing regarding assessments and the public hearing regarding the final assessment roll and cost allocation in the matter of the 1993 Arden Place Drainage Improvement Project until 7:30 p.m., January 10, 1994. Motion carried unanimously (4-0) . 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 (4-0) , a. Approve 1994 Liquor License Renewals (applications on file in the Administrator's office). b. Approve 1994 Rubbish Hauler License Renewals (applications on file in the Administrator's office) . . c. Approve expenditure of $25,000 to Independent School District #621 for Mounds View High School tennis court renovation project. d. Approve final payment (retainage of $6,238.59) to T.A. Schifsky & Sons Inc, for seal coating in conjunction with the 1993 Pavement Management Improvement project. e, Approve 1993 Operating Transfers per attached recommendation of City Accountant: 1) $18,000 from 225 (Community Services) to 226 (Program Fund) . 2) $29,000 from 225 (Community Services) to 408 (Municipal Land & Buildings) . 3} $5,500 from 101 (General Fund) to 224 (Diseased Trees) . 4) $20,000 from 225 (Community Services) to 101 (General Fund) . f. Designate the January 20, 1994 Worksession as a public informational meeting regarding the 1994 Pavement Management Program and notification to affected homeowners. g. Approve List of Claims/Payroll. PUBLIC COMMENTS . There were no public comments. . Arden Hills Council 3 December 27, 1993 UNFINISHED AND NEW BUSINESS CASE #93-24 SPECIAL USE PERMIT THOMAS GOSERUD 4350 HAMLINE AVENUE Community Planning Coordinator Fritsinger stated that Tom Goserud was requested by the City staff to apply for a Special Use Permit to operate a nursery at 4350 Hamline Avenue. Staff had identified the lack of a SUP for the operation of a nursery at this address. Mr. Fritsinger explained that the applicant has been operating a nursery at this location since 1973. The business consists of the retailing of spring flowers and vegetables, Christmas trees, and associated accessories. This business has operated under an approved retail sales license and sign permit since 1973. Mr, Fritsinger outlined the following findings of fact: The business operates during the months of May, June, November and December; There is one approved sign which is displayed . only during the months mentioned above; Parking is provided on this lot as well as the vacant lot to the South; The business meets the definition of a Nursery which is 11 any land used to raise trees, shrubs, flowers, and other live plants for sale and commerce; A curb cut onto Hamline Avenue is present on the vacant lot. Fritsinger reported that staff and the Planning Commission have recommended approval of the Special Use Permit with the following conditions: A. No parking shall be permitted on Hamline Avenue. Parking shall be limited to a minimum of two spaces on the property. Parking shall be encouraged on the vacant lot (4340 Hamline Avenue) . However, in order to keep the residential appearance of the property, no asphalting shall be undertaken. B. All signage needs to be approved through the City's Sign Ordinance/Permit process. C. All sales/cash transactions are to occur within the primary structure located on the site (home/garage) . D. Any City/County/State business licenses be secured. . . Arden Hills Council 4 December 27, 1993 E. Sales be limited to perennial, related plants, and container grown plants and shrubs except during the holiday season when Christmas trees may be sold. F. No permanent accessory structure be added for the use of the nursery (ie: greenhouse) or sales (ie: sales barn) . G. Excess Christmas trees be removed from the site by January 15 of each year. MOTION: Malone moved, seconded by Aplikowski to approve the Special Use Permit to operate a Nursery at 4350 Hamline Avenue North with the following conditions: A. No parking shall be permitted on Hamline Avenue. Parking shall be limited to a minimum of two spaces on the property. Parking shall be encouraged on the vacant lot (4340 Hamline Avenue) . However, in order to keep the residential appearance of the property, no asphalting shall be undertaken. . B. All signage needs to be approved through the City's Sign Ordinance/Permit process. C. All sales/cash transactions are to occur within the primary structure located on the site (home/garage) . D. Any City/County/State business licenses be secured. E. Sales be limited to perennial, related plants, and container grown plants and shrubs except during the holiday season when Christmas trees may be sold. F. No permanent accessory structure be added for the use of the nursery (ie: greenhouse) or sales (ie: sales barn) . G. Excess Christmas trees be removed from the site by January 15 of each year. In addition, Councilmember Malone motioned to include the amendment to condition (B) to limit the size of the sign to a maximum of 4' x 8' with no illumination. ~ . Arden Hills Council 5 December 27, 1993 Motion carried unanimously (4-0). SURFACE WATER UTILITY APPEALS MRS. C. E. SHEEHY Mrs. C. E. Sheehy, resident of 1505 Edgewater Avenue, is requesting an appeal of the Surface Water Management charge being assessed to her for property she owns on Ridgewood Road. This 8.57 acre property is currently zoned R-1, and the appropriate rate is being assessed for undeveloped property in a R-1 district. Engineer Terry Maurer and Public Works Superintendent, Dan Winkel presented an overview of this property. This land is currently undeveloped, except for a tennis court (owner developed) in the southwest corner of the property. A ditch traverses the property from the north end to the northwest corner where it flows directly into Lake Johanna. This ditch has contained some amount of water, indicating either that the swamp is discharging to the lake or that the swamp is acting as a "backwater" for the lakes drainage system. Staff and the Engineer is in concurrence that the property owner should be assessed a fee. . Mr. Sheehy commented that this property is unbuildable, There is a tremendous amount of water surrounding the tennis court area after a heavy rainfall. Councilmember Hicks questioned Mr. Sheehy whether the ponding effect is temporary after a heavy rainfall, or if there is always some ponding on this property, Mrs. Sheehy stated there is currently a pond on this property, and in fact the children are using it as a skating rink. Councilmember Malone stated based on the information received, the Surface Water Management rate assessed for this property was applied correctly. MOTION: Malone moved, seconded by Hicks to deny the request for any reduction in the Surface Water Management rate or any exemption from the Surface Water Management ordinance for the undeveloped parcel located on Ridgewood Road, (PIN #34-30-23-33-0003-4), Mrs. C.E. Sheehy, Arden Hills, Minnesota. Motion carried unanimously (4-0) . ALPO PETFOODS. INC. 4251 FERNWOOD AVENUE . Arden Hills Council 6 December 27, 1993 Mayor Sather referred to a letter received from Harvey Stewart, General Manger of ALPO Pet Foods, Inc. Mr. Stewart is appealing the classification used to determine the rate for the Surface Water Management fee. Engineer Terry Maurer and Public Works Superintendent Dan Winkel presented an overview of this property. This 6.73 acre parcel is currently zoned I-I and is developed property, however, it may not be developed to its fullest and highest use. There is a small wetland area within this property which does receive greater than 20% of the property's runoff. This small wetland overflows onto adjacent properties on a regular basis based upon standard storm drainage calculation practices. Based upon the regular overflow, staff concurs that this small wetland does not qualify for the reduction allowed in the Surface Water Management ordinance. Councilmember Malone stated based on the information received, the Surface Water Management rate assessed for this property was applied correctly. . MOTION: Malone moved, seconded by Hicks to deny the request for any reduction in the Surface Water Management rate or any exemption from the Surface Water Management ordinance for the 6.73 acre parcel located at 4251 Fernwood Avenue, ALPO Petfoods, Inc, Arden Hills, Minnesota. Motion carried unanimously (4-0). ARDEN VIEW TOWNHOME ASSOCIATION Mayor Sather stated that the representatives from the Townhome Association have requested a continuance of their appeal hearing. The representatives would like to attend the January 20 Council worksession to have their appeal heard. TRUTH-IN TAXATION UPDATE Mayor Sather stated that based on public input, the taxpayers of Arden Hills did not appear to be angry with the funds proposed to be levied in 1994. The residents recognized that the Council was not proposing any changes in 1994. . . Arden Hills Council 7 December 27, 1993 Councilmember Aplikowski concurred with Mayor Sather and stated after the hearing she heard no further comments from residents. All Councilmembers concurred. MOTION: Malone moved, seconded by Aplikowski to adopt Resolution #93-70 Clarifying Final Sums of Money to be levied for levy year 1993 payable in 1994, and authorize execution of all necessary documents contained therein. Motion carried unanimously (4-0) . ADOPTING 1994 BUDGET MOTION: Hicks moved, seconded by Aplikowski to adopt Resolution #93-71 Adopting the 1994 Budget. Motion carried unanimously (4-0) . BINGO HALL LICENSE APPLICATION SHOREVIEW ARDEN HILLS LIONS CLUB City Administrator Person stated that staff has received an application from the Shoreview Arden Hills Lions Club . requesting approval of their Bingo Hall License application for Pot O'Gold Bingo Hall in Arden Hills. She further commented that this group will be replacing one of the two current applications which are expected to vacate this premises. All necessary documents have been received and verified. MOTION: Malone moved, seconded by Hicks to approve Resolution #93-75, approving the Bingo Hall License Application for Shoreview Arden Hills Lions Club at the Pot O'Gold Bingo Hall in Arden Hills at such time a vacancy exists. BUILDING INSPECTION SERVICES Ms. Person stated that staff received a request from the City of New Brighton to participate in a study to determine the best approach to building inspection services with Arden Hills and other neighboring cities. She further commented that while Arden Hills has been satisfied with the current arrangement of building inspection services, a study would be beneficial to ensure this is the best approach. There would be no commitment for Arden Hills to contribute costs or matching funds or time. Staff is recommending approval of the request to participate in this study. . ... Arden Hills Council 8 December 27, 1993 Councilmember Malone commented that the Lake Johanna Volunteer Fire Department is considering a similar study be conducted to determine the best approach to a shared fulltime Fire Marshall and is in favor of this type of study. Councilmember Hicks questioned whether this $25,000 proposal is only for the cost to study the process of joint inspections. Ms. Person stated this is correct. Councilmember Hicks commented that he supports the concept, however, this was a fairly large sum of money for this study. MOTION: Hicks moved, seconded by Malone to approve Resolution #93-72 supporting the City of New Brighton to apply for a $25,000 cooperation planning grant for the purpose of assessing the feasibility of shared building inspection services with Arden Hills and other neighboring cities. Motion carried unanimously (4-0). UNFUNDED MANDATES Ms. Person stated that in the past the Legislature has . mandated that cities and counties are required to fulfill certain requirements, but these mandates are not accompanied by funding. The League of Minnesota Cities is asking the City to consider a resolution which will be used to send a message to the 1994 Legislature that unfunded mandates create additional tax burden on the taxpayers. Staff is recommending approval of the resolution. MOTION: Hicks moved, seconded by Malone to approve Resolution #93-74, relating to Unfunded Mandates. Motion carried unanimously (4-0). ADOPTION OF 1994 COMPENSATION PLAN FOR NON-UNION CITY EMPLOYEES Councilmember Malone requested clarification that the agenda should read the same as the actual resolution, Mayor Sather clarified that the intent of the Compensation Plan is to be based on both the performance of an employee, and the study on Comparable Worth. MOTION: Malone moved, seconded by Aplikowski to adopt Resolution #93-73 relating to the 1994 Compensation Plan for Non-Union City Employees. Motion carried ... unanimously (4-0). ---------- . Arden Hills Council 9 December 27, 1993 ADMINISTRATOR COMMENTS: Ms. Person reminded the Council that the Special Council meeting is January 3, 1994 at 5:00 pm at New Brighton City Council Chambers. She further noted that the AMM board is seeking nominations and if anyone had a nomination to submit, to let her know. COUNCIL COMMENTS: Councilmember Hicks requested staff to contact Paul Kirkwold, Ramsey County Engineer and ask when the speed limit sign will be posted and stripping of County Road E west of Hwy. 51 will be completed. Councilmember Malone elaborated on his earlier comment regarding the request of a fulltime Fire Marshall. The cost would be approximately $80,000 for the fulltime position and a part-time secretary. The assessed cost to the cities are proposed at $38,000 to Shoreview, $37,000 to Arden Hills and $5,000 to North Oaks. These figures were determined by the assess value and population of the cities. . Other options noted were to rent services from New Brighton, spread the services to include further cities such as Centennial, or self liquidating. Self liquidating could include charging for fire inspections and investigations, charging fines, ie: illegal fires such as arson. Mayor Sather noted that a Fire Marshall may be a needed function, however, how much the City can afford to pay for these services is uncertain. Councilmember Aplikowski commented that fire protection is a service provided to residents, and she would want to further discuss any charges that may be implemented at some future date. Mayor Sather wished everyone a Happy New Year. ADJOURN: MOTION: Hicks moved, seconded by Malone, to adjourn the meeting at 8:20 p.m. Motion carried unanimously (4-0) . Thomas R. Sather, Mayor Dorothy A. Person, City Administrator .