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HomeMy WebLinkAboutCC 06-28-1993 .. .. . . . .-: MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING June 28, 1993 7:30 P.M. - 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: Mayor Thomas Sather; Councilmembers Beverly Ap1ikowski, Dale Hicks, Paul Malone, Dennis Probst. Also present were: City Attorney, Jerry Filla; City Planner, John Bergly; Clerk Administrator, Dorothy Person; City Accountant, Terry Post; Recording Secretary, Shar Foster. ADO~T AGENDA Note was made that the agenda had been revised to clarify Consent Calendar items. MOTION: Malone moved, seconded by Aplikowski, to adopt the June 28, 1993 agenda as revised. Motion carried unanimously (5-0). APPROVAL OF COUNCIL MINUTES MOTION: Aplikowski minutes of prepared. moved, seconded by Probst, to approve the the June 14, 1993 Regular Council Meeting as Motion carried unanimously (5-0). GONJ~.ENT CALENDAR MOTION: Malone moved, seconded by Hicks, to approve the Consent Calendar and authorize execution of all necessary documents contained therein. Motion carried unanimously (5-0). a. Approve 1993 Pay Plan at a 3% increase effective 1/1/9; and City employee insurance contribution at $270 per month. Approve change of public hearing date to July 12, 1993 regarding removing Section VI.F.2 (Parking) from Zoning Ordinance Chapter 213, adding this section to the Traffic Ordillance Chapter 26.3, and adding administrative procedure authority. Set public hearing date of July 12, 1993 to receive public input regarding adoption of the official map of the extension of Shoreline Lane, and consideration of whether to proceed with a public improvement project (sewer conllection). Approval of Workplace Safety policy (AWAIR). b. c. d. t'" ~. . . . .... Arden Hills Council June 28, 1993 2 e. Approve Resolution #93-37 rejecting all bids and authorizillg solicitation of bids for refurbishing the Fernwood street Water Tower. f. Approve List of Claims/Payroll. PUBLIC COMMENTS There were no public comments. pNFINISHED AND NEW BUSINESS CASE #93-09 CONSIDERATION OF SEWER EASEMENT VACATION & SEWER RECONNECTION/ EXTENSION - 3280 SANDEEN ROAD City Planner Bergly explained that Steve Nelson has requested vacation of a sanitary sewer easement on his property located at 3280 Sandeen Road and relocation and reconnection of sanitary sewer in a different configuration (at the expense of the applicant) in order to achieve increased buildable area on the applicant's property. Bergly outlined the existing sewer easement on the Nelson property pointing out that it greatly inhibits construction on the property. He added that the Planning Commission considered this case at their June 2, 1993 meeting, received public input, and recommended vacating the easement pending resolution of a specific sewer alignment. with regard to the matter of a new sewer alignment, Bergly reported that a number of alignment options have been considered and the neighbors adjacent to the applicallt (the Klawiters) object to any alignment that would affect their property or assist in enlarging the buildable area of the Nelson property. Bergly further reported that at the suggestion of the Planning Commission, in consideration of the Klawiters' objections, a special meeting was held on June 7 to attempt to arrive at an agreeable solution. He noted that the June 7 meeting was attended by the City's Engineer, Planner, Administrator, Building Official, and Public Works Director as well as the applicant, neighbors McCloskey and K1awiter, and engineer White. He explained that the options considered included the City's preferred alignment (a straight line hookup which would require the neighbors' consent) and other less desirable options which would not require neighbors' consent. ,- . , . . . Arden Hills Council 3 June 28, 1993 Bergly noted that the outcome of the June 7 meeting was that a recommendation was made to Council to approve an alignment, referred to as Option #2, which would allow Nelson's hookup to existing manholes and would include sharp angles in the sewer line, but would not affect the existing Klawiter sewer hookup, therefore, not require their consent. He emphasized that Option #2 is certainly not the preferred option from an engineering standpoint, but it would be workable without disturbing the Klawiter property, and the applicant would agree to it. Councilmember Probst asked how Option #2 would affect existing trees. Bergly stated that the Option #2 alignment would likely disturb a large oak which has already been damaged in that its top is broken out, and Nelson's proposed construction would likely also disturb a large maple on the Nelson property. Councilmember Hicks noted that the only reason the City would even consider Option #2 is to satisfy the Klawiter's objections, that Option #2 is not a desirable alignment. Councilmember Malone commented that the ideal sanitary sewer situation would be for the Nelson property (and eventually the McCloskey and Klawiter properties and perhaps others on either side of the Nelson property) to be serviced by sanitary sewer from the street side of the properties rather than from the lakeside of the properties. He added that regardless of who pays for a realigned sewer line, the new creation would be the responsibility of the City, so the City should require a well-engineered alignment which is the most appropriate from the City's standpoint. He commented that sanitary sewer was made available from the lakeside of these properties many years ago, but since service from the street side would be far desirable, perhaps the City should consider correcting the entire situation rather than exacerbating the existing situation by approving Option #2. Mayor Sather commented that the City could vacate the existing easement and require Nelson to hook up to the sanitary sewer service on the street side of his property, and over a period of time, require Nelson's neighbors to also hook up to service on the street side. Nelson advised that he has considered hooking up on the street side, and would agree to do so even though the cost would be considerably more than hooking up to the lakeside service. . . . . Arden Hills Council 4 JUlle 28, 1993 Mayor Sather expressed concern regarding sewer lines in close proximity to lakes, and suggested this entire matter be returned to staff in the hopes of arriving at a solution that accommodates everyone involved in a positive manller, without polarizing the neighbors involved or jeopardizing the City. Councilmember Malone concurred with Mayor Sather's remarks and added that it would be nice if everyone involved would cooperate, but that does not appear to be occurring, and the City must protects its interest with regard to the sewer alignment matter yet still allow the applicant reasonable use of his property by vacating the very restrictive easement. Councilmember Probst echoed the comments of Sather and Malone and added that the City may want to take this opportunity to consider realignmellt of sanitary sewer lines servicing the entire immediate neighborhood. Steve Nelson commented that he has presented several options in an attempt to be flexible and cooperative, but even after the lellgthy June 7 meeting, the Klawiters have maintained their objections. MOTION: Malone moved, seconded by Hicks, to direct Case #93-09 back to staff and request that they report their final recommendations to Council prior to the July 26, 1993 regular Council meeting. In arriving at their recommendation, staff is to consider 1) The best solution from an engineering standpoint to protect the City's interest, 2) Minimizing the impact on the properties involved, and 3) The existing sanitary sewer situation of the immediate neighborhood. Motion carried unanimously (5-0). QASE #93-08 VARIANCE REQUEST FOR GARAGE -~9 ARDEN PLACE City Planner Bergly reported that Bernie Ortt, the applicant in Case #93-08 has requested that action with regard to his variance request be tabled until either the July 12 or July 26, 1993 regular meeting of Council. MOTION: Aplikowski moved, seconded by Probst, at the applicant's request, to table consideration of Case #93-08 until July 26, 1993. Motion carried unanimously (5-0). . . . f Arden Hills Council JUlle 28, 1993 5 ~ASE #93-10 FRONT YARD SETBACK-FOR AREA IDENTIFICA1ION SIGN FOR CPI City Planner Bergly explained that the City currently has on file an approved PUD for CPI, alld CPI is proposing 1) A deviation from the front yard setback requirement for an area identification sign at the corner of County Road F and Hamline Avenue, whereby an area identification sign and granite wall would be allowed to be placed just inside the property line rather than observing the standard 20-foot setback requirement, and 2) To update and replace the business sign at the west entrance alld the directional sign at the south entrance to the CPI property. Bergly stated that the PUD allows the City to grant this type of change if it is in keeping with the spirit of the PUD. He added that the Planning commission considered this case at their June 2, 1993 meeting and recommended approval. MOTION: Hicks moved, seconded by Aplikowski, relative to Case #93-10, to establish a front yard setback for an area identification sign which would allow such sign to be erected just inside the property line, and approve the updating and replacement of the business sign at the west entrance and the directional sign at the south entrance of the CPI property. Motion carried unanimously (5-0). ~lN90 LICENSE APPLICATION - .Q.r;.NN I ~_CA V_ANAUGH City Attorney Filla stated that Dennis Cavanaugh, representing C G Rein, is applying for a bingo hall license, and although the locatioll of the site is acceptable per the City's zoning regulations, the bingo hall would not be allowed under the City's current gambling regulations. Filla explailled that the City's current gambling regulations state that all Class A gambling activities (bingo) are allowed at only one site in the City at any given time (presently the pot-a-Gold Bingo Hall), and no more than nine gambling licenses of all classes may be outstanding at any givell time. He added that the Pot-O-Gold site is licensed by the State Gambling Control Board, with the City's support, and he believes that license is valid until September 1994. . . . Ardell Hills Council June 28, 1993 6 Mayor Sather asked if the City could challge City gambling regulations in order to grant a billgo hall license to Cavanaugh. Filla stated that the city has the power to allow more than one site for Class A gambling if the Council so chooses and takes appropriate action to revise the city's gambling regulations, however, current City regulations allow only one site (presently the Pot-Q-Gold site).- Council discussed possible scenarios if a secolld bingo hall site were allowed for a specific period of time with a specific "sunset" date. Council acknowledged that, from a business standpoint, if two bingo halls were allowed for a limited period of time, competition between the sites would occur and the marketplace would determine which hall were more successful; however, many elements (such as lease terms, time scheduling, etc.) would affect the interim period and it may be complicated, difficult or impossible to return to only one bingo hall at the sunset date. Dennis Cavanaugh said the idea of a billgo hall at the vacant former supermarket space at Arden Plaza was conceived several months ago when a charitable gambling organization (currently licensed and operating at the Pot-Q-Gold bingo hall) approached C G Rein expressing interest in the Arden Plaza space because they were dissatisfied with the food service, lighting, signage, accessibility, etc. of the Pot- Q-Gold site. He added that he believes that three of the organizations presently operating at the Pot-Q-Gold site would transfer to the Arden Plaza site when their leases with Pot-Q-Gold expire this year. Councilmember Probst expressed his opposition to the proliferation of bingo halls in the City, but said he would support moving those activities to a new location if a sound process to do so could be devised. Councilmember Malone commented that he favors only one bingo hall in the City, but would support two sites for a specific time period in order to foster competition and allow the marketplace to dictate which site should continue. Councilmember Aplikowski asked how other tenants in the Arden Plaza center would be affected by the proposed bingo hall at that location. Cavanaugh stated that many attempts have been made to no avail to attract a supermarket anchor tenant to the Arden Plaza center, and although the existing tenants in the cellter realize that a bingo hall is less preferred than a supermarket, it would be acceptable. . . . Arden Hills Council June 28, 1993 7 Administrator Person offered, and Council directed staff to compile additional information as to pros/cons/options surrounding this application for Council's further consideration at the July 12, 1993 regular Council meeting. COUNCIL COHM~~_TS ARDEN PLACE DRAINAGE Councilmember Hicks commented that he visited the Arden Place neighborhood recently and is aware that the drainage problems experienced in that neighborhood continue to be a problem and eventually that issue will likely surface again. Councilmember Malone reminded Council that the City offered that neighborhood a solution to their drainage problems but there was no support for any solution which included assessments. TCAAP PROPERTY Councilmember Probst reported that he and Administrator Person plan to attend a meeting regarding the Twin cities Army Ammunitions Property (TCAAP) scheduled for July 13. FIRE BOARD Councilmember Malone reported that the Fire Department has expressed interest in a reconstituted Fire Board, and the Fire Chief is expected to communicate with the City in this regard. Council briefly reviewed the history of the Fire Board. Councilmembers Malone and Probst and Administrator Person offered to serve as members or alternates on the Fire Board. ~ESPONSE TO CITIZENS' CORRESPONDENCE Councilmember Probst commended staff for their recent prompt and positive response to a letter from a citizen regarding water rate increases. ITINERANT VENDORS Administrator Person reported that there seems to be confusion regarding an itinerant vendor selling wares at the corner of Lexington and County Road E at the Ramada Hotel site. She stated that the vendor has permission from the Ramada to operate at this site and she granted permission for the vendor to operate from within the Ramada Inn for a limited period of time at that site. She noted that the .' . . . Arden Hills Council June 28, 1993 8 vendor appears to be operating in the County right-of-way and disturbing City flowerbeds in the area; she asked for Council review per Ordinance 13.93. Mayor Sather suggested that the vendor be contacted and notified that he could continue to operate at that site this week, but would need Council approval to continue to operate thereafter. Councilmember Malone commented that open air sales are specifically prohibited in certain zones within the City, and he believes it is unfair to allow open air vendors to compete with taxpaying businesses. He questioned whether the Ramada Hotel has the power to grant permission for any type of retail sales on their property. He added that he does not believe the City has accepted outdoor vendors in the past even though they have operated from time to time and been overlooked. MOTION: Malone moved, seconded by Hicks, to direct staff to advise the itinerant vendor operating at the corner of Lexington Avenue and County Road E that as of Saturday, July 3, 1993 at 12:01 a.m. the permission granted by staff will be null and void. Motion carried unanimously (5-0). Council briefly discussed the acceptability of a hotel operation allowing special retail sales events within its premises. Mayor Sather commented that it has become commonplace for signs advertising such special events to be displayed at the Ramada Hotel on a regular basis although this may not be within the defillition of a hotel. Note was made that the sign ordinance includes a process restricting sign permits for such events. AD~OlLRN MOTION: Hicks moved, seconded by Aplikowski, to adjourn the meeting at 9:04 p.m. Motion carried unanimously (5-0). Thomas R. Sather, Mayor Dorothy A. Person, Clerk Administrator NOTICE OF MEETINGS: The next regular Council meeting will be held July 12, 1993 at 7:30 p.m. at City Hall.