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HomeMy WebLinkAboutCC 08-09-1993 .' . . . . , MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING August 9, 1993 7:30 P.M, - City Hall CALL~1'.QQB.llEIUROLL CALL Pursuant to due call and notice thereof, Acting Mayor Hicks called to order the regular City Council meeting at 7:30 p.m. Present: Councilmembers Beverly Aplikowski, Dale Hicks, Dennis Probst. Absent: Mayor Thomas Sather, Councilmember Paul Malone. Also present were: City Engineer, Terry Maurer; Public Works Superintendent, Dan Winkel; City Accountant, Terry Post; Community Planning Coordinator, Brian Fritsinger; Clerk Administrator, Dorothy Person; Recording Secretary, Shar Foster. AD9PT~;/'.IlE~DA MOTION: Aplikowski moved, seconded by Probst, to adopt the August 3, 1993 agenda as presented. Motion carried unanimously (3-0). ;/'.!'PROVAL OF COU~CIL~~UNUT~Q MOTION: Aplikowski minutes of prepared. moved, seconded by Probst, to approve the the July 26, 1993 Regular Council Meeting as Motion carried unanimously (3-0). ~ONSENT CALENDAR MOTION: Aplikowski moved, seconded by Probst, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (3-0). a. Approve request for door-to-door solicitation from citizens for a Better Environment. b. Approve request to correct minutes from May 10, 1993 Council meeting under heading "Public Comments - Limited Parking Near Mounds View High School". c. Approve List of Claims/payroll. l'J!!?I-J:<:: COMMENTS Public comments were invited at this point and also later in t.he meet.ing. There were no public comments at. this time. (See "Public Comments" heading later in minutes.) . . . .~ Arden Hills Council 2 August 9, 1993 UNFINISHED .~~D NEW BUSINESS .Sj;;WER EASEMENT YAQATIO~__::::J~;~j;;R RECONNECTION/EXTENQION REQ~EST STEVE NELSON, 3280 SANDEEN ROAD Public Works Superintendent Winkel stated that staff and City Engineer Maurer have developed options to deal with Steve Nelson's request to vacate the existing sewer easement over his property and reconnect sewer service to his home. Engineer Maurer explained there is an existing sewer easement on the Nelson property at 3280 Sandeen Road which presents extreme difficulty in building on the property because the easement lies across the typical building envelope of the property. Maurer added that there are about 14 homes (including Nelson's) along Lake Johanna that presently receive sewer service from a sewer line that lies between those homes and the lake. He stated that locating sewer lines between homes and lakes is generally not considered appropriate due to potential for adverse environmental impact on the lake should integrity problems arise within the sewer system. Maurer explained that there is an existing sewer line along Sandeen Road to which the Nelson home could connect and which would provide a much better service location than the existing situation. He illustrated the two alignment options for connection to Sandeen Road as follows: Option 1 would be a straight line approach whereby the Nelson home and the Klawitter property at 3262 Sandeen Road would connect to available sewer service located within Sandeen Road. This option would require cooperation from Nelson's adjacent neighbors, the Klawitters, because the straight line configuration would require crossing the Klawitter property. Without cooperation from the Klawitters, this option is not possible. This option is preferred by City staff, the City Engineer and Nelson. Option 2 (referred to as the "zig-zag" alignment) would not require cooperation from any neighbors because the entire alignment would lie on the Nelson property, however, this alignment would include a severe bend in the sewer line, which is potentially problematic and difficult to maintain, therefore, not a preferred option. . . . ,,' Arden Hills Council 3 August 9, 1993 Maurer added that another alternative for Nelson would be to seek variances to front yard and side yard setbacks rather than seeking vacation of the existing sewer easement. Councilmember Hicks noted that the "zig-zag" alignment (Option 2) includes an extreme bend; he asked if that bend could be redesigned to be less extreme. Nelson replied that the reason for the extreme bend is to preserve and protect existing mature trees on his property. Nelson expressed concern for potential environmental hazards created by the existing sewer line which runs between homes and the lake. He commented that it is an appropriate approach to gradually eliminate sewer lines in such close proximity to the lake and eventually connect homes along the lake to sewer service from the street. Nelson stated that City Administrator Person has facilitated communication between he and the Klawitters, and very recently a proposed agreement was presented to the Klawitters with the latest indications being that they may accept the terms of the agreement, making the preferred straight line Option 1 alignment possible. He added that he prefers the straight line alignment in accord with staff and the City Engineer. He noted, however, that if the less preferred Option 2 is ultimately chosen, he hopes that no more than a IS-foot easement would be needed along the sideyard of his property. Councilmember Aplikowski asked if it is known why the Klawitters have been hesitant to cooperate. Mrs. Klawitter stated that their concern relates to preservation and protection of existing mature trees on their property. Councilmember Probst commented that with or without the Klawitter's cooperation, there appears to be an option for Nelson to connect to service available in Sandeen Road so the existing sanitary sewer easement could be vacated. MOTION: Probst moved, seconded by Aplikowski, to approve the vacation of the existing sanitary sewer easement across steve Nelson's property at 3280 Sandeen Road, to be effective at such time as new construction is accomplished and sanitary sewer connection to service within sandeen Road (either by the preferred straight line alignment referred to as Option 1 or by the "zig- zag" alignment referred to as Option 2) has been completed. . . . " Arden Hills Council MOTION: 4 August 9, 1993 Prior to acting on this motion, the following discussion took place: Nelson stated that since recent negotiations with the Klawitters appear to be promising, and since he does not plan to build on his property in the near future, rather than possibly vacate the existing sanitary sewer easement prematurely, he would prefer to wait until negotiations with the Klawitters have been resolved. He suggested Council delay action regarding vacation of the existing easement until the next Council meeting. Councilmember Probst withdrew his motion. Aplikowski moved, seconded by Probst, to table consideration of steve Nelson's requests for sanitary sewer easement vacation and sewer reconnection/ extension until the August 30, 1993 regular meeting of Council. Motion carried unanimously (3-0), BEQUEST FOR REFUND OF RETAIL SALES FEE - VICTOR SCEVERS Administrator Person recalled that in June 1993 victor Seevers applied for and was issued a retail sales permit to conduct rug and art retail sales at the corner of Lexington Avenue and County Road E at the Ramada Inn property, She reported that Mr. Seevers has now requested a refund of one- half of the fee he paid for a retail sales permit on the premise that the City voided the permit part way through the time he had planned to conduct retail sales. Person explained that Mr. Seevers paid the usual $50 fee for a retail sales permit. She noted that Mr. Seevers had indicated his desire to conduct retail sales during four separate time intervals between June 28 and September 24, 1993, She added, however, that the $50 fee Mr. Seevers paid is a flat fee charged by the City regardless of the time period or the number of times the applicant intends to conduct retail sales, Person recalled that on June 28, 1993, Council took action making Mr, Seevers' permit null and void after July 2 due to concerns relating to disturbance of City flowerbeds and sales being conducted within right-of-way, She reported that Mr. Seevers bases his request for a refund of one-half of the fee on the premise that he was not allowed to conduct retail sales for the entire time he had intended, . . - Arden Hills Council 5 August 9, 1993 Person commented that staff followed usual procedures in issuing the permit and since the $50 fee is a flat fee not tied to specific sales periods, staff's position is that Mr. Seevers is not due a refund. She asked for Council di recti on. Councilmember Aplikowski asked if staff ever issues refunds for collected fees. Person stated that it may be appropriate to provide refunds in unique situations such as when an application is not acted upon by the City, Or when a permit it not used at all. She cited the recent bingo license application from C. G. Rein/Dennis Cavanaugh as an instance where a fee was appropriately refunded. As a related matter, Councilmember Aplikowski commented that communication may need to continue between the City and the Ramada Inn to assure that the Ramada clearly understands how they are to handle retail sales on their premises. Councilmember Aplikowski commented that the City did not act in bad faith when issuing the permit to Mr. Seevers, therefore, she concurred with staff's position that a refund is inappropriate. MOTION: Aplikowski moved, seconded by Probst, not to refund to Mr. Seevers any portion of the fee he paid for a retail sales permit. Motion carried unanimously (3-0). ADMINISTRATOR_ COMMENTS 13J';_f?Q!!.EDUL It!.(L..OF CO!1NCIk.J'LQRKSESS~l'J Due to anticipated absences of Councilmembers on August 17, Administrator Person suggested the Council worksession currently scheduled for August 17 be postponed to August 24. she reminded Council that the second regular August Council meeting will be the fifth Monday of August, August 30. MOTION: Probst moved, seconded by Aplikowski, to postpone the August 17, 1993 Council worksession until August 24, 1993 in consideration of anticipated Council absences. Motion carried unanimously (3-0). SUPERFUND ABATEMENT HEARING Administrator Person announced that the superfund abatement hearing for the Twin cities Army Ammunitions property is scheduled to take place 7:00 p.m. August 19, 1993 at the Shoreview Community Center. . . . Arden Hills Council 6 August 9, 1993 PUBLIC COJolMENTS Members of the public who arrived later in the meeting were invited to present public comments at this time. Dale Noyed, 3505 Ridgewood Road, recalled that about a year ago affected residents and the City attempted to address ongoing drainage problems in the Arden Place neighborhood, but due to opposition and lack of support from the neighborhood, no solution was arrived at. He reported that he continues to pump water from his property and now his neighbor, Warren McGuire, is having difficulty selling his property due to the drainage problems in the area. Warren McGuire, 1553 Arden Place, stated that drainage problems in his neighborhood are now at their worst due to heavy rainfall this summer and spring. He commented that it appears the neighbor (Mr, Johnson) who opposed the recommended solution last summer may now cooperate in implementing a solution. He recalled the property in the area was originally deemed buildable if drainage problems were addressed, and to date, they have not been addressed. Councilmember Hicks recalled that the City made a concerted effort last summer to arrive at a solution to the drainage problems in this neighborhood by preparing an analysis of the situation and proposing the installation of a pipe whereby water would ultimately flow to the nearby lake. However, due to opposition and lack of support from the neighborhood, the City abandoned those plans. He asked staff if there is any possibility of again trying to unclog the existing drainage pipe to solve the problem. City Engineer Maurer reported that he, Public Works Superintendent Winkel, Mr. Noyed and Mr. Johnson have met recently and it appears that Mr. Johnson may now be willing to reconsider the solution proposed last summer subject to some reasonable conditions. He suggested that the Council revisit the matter in light of that new information. Councilmember Probst commented that there is likely still a question as to who will pay for the project. Maurer recalled that the solution presented last summer was at an estimated cost of $10,000 to $15,000. Maurer added that the project could be paid by the City, by assessment, by the Storm Water Management Utility, or any combination of these. Noyed commented that the od ginal bui Ider of the home (Wall y Bauer) has indicated his willingness to make a financial contribution. Noyed added that it appears that the cost of acquiring necessary easements would be minimal. /" . . . Arden Hills Council 7 August 9, 1993 Councilmember Hicks suggested this item be placed on the next Council worksession agenda for further discussion. He added that it would be helpful to know to what degree Bauer is willing to contribute to the cost of the project. McGuire commented that, last summer, neighbors strongly opposed an assessment and he believed they would still object to an assessment. COUNCIL COMMENTS HUMAN RIG~Tp MEETING SCHEDULE Councilmember Probst commented that, to his knowledge, there will be no Human Rights meeting in August, contrary to the schedule printed at the bottom of this evening's agenda. CIT'LI"LOWERBEDS Councilmember Aplikowski commented that she continually hears positive comments about the City flowerbeds throughout the City; she publicly thanked those volunteers who planted and maintain the beds. STORM Wl\TER MANAGEMENT UTILITY RATES FO~ ARDEN HILLS TOWNHOMES Referring to an August 4 memorandum from City Accountant Terry Post regarding surface water management rates for the Arden Hi 1] s Townhomes, Council member Hi cks asked for clarification as to how the rates were established. City Engineer Maurer explained that storm water management utility rates established for Arden Hills Townhomes are comparable to and modeled after rates from surrounding communities and reflect the fact that townhomes generally are more dense development than single family homes and have more impervious surface generating more run-off than typical single family properties. l\DJOUB~ MOTION: Probst moved, seconded by Aplikowski, to adjourn the meeting at 8:12 p.m. Motion carried unanimously (3-0). Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator .(, .. - e . . Arden Hills Councjl 8 August 9, 1993 NOTICE OF MEETINGS: The next Council worksession will be held August 24, 1993 at 4:30 p.m. at City Hall. The next regular Council meeting will be held August 30, 1993 at 7:30 p.m. at City Hall.