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HomeMy WebLinkAboutCC 05-09-1983 , . . . . , Minutes of Regular Council Meeting Village of Arden Hills Monday, May 9, 1983 - 7:30 p,m. Villaga Hall Call to Order Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:37 p.m. Roll Call Present - Mayor Robert Woodburn, Councilmen Thomas Mulcahy, Michael Christiansen, Diane McAllister, Dale Hicks Absent - None Also Present - Engineer Donald Christoffersen, Planner Orlyn Miller, Treasurer Donald Lamb, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Approval of Minutes McAllister moved, seconded by Hicks, that the Minutes of the Regular Council Meeting of April 2Sth be approved as amended. Motion carried unanimously (S-O). Business from the Floor None REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN Final Plan Approval - Lexington Ave. Impr. No. P83-1 (North of County Road F) Christoffersen identified drainage changes in two areas of the project: a) south area of project, at Control Data will be piped directly to Karth Lake b) area north of Highway 96 will be piped to low area in southeast corner of the arsenal Christoffersen explained that Karth Lake does not have an outlet; consequently, there will be aome fluctuation in the lake elevation; lake area has sufficient capacity. Christoffersen reported that feasibility reported $S,OOO for Arden Hills' share of drainage costs; changes proposed will increase Arden Hills' share to $7000- $8000. After discussion, Hicks moved, seconded by Christiansen, that .Council approve the Final Plans for ImprovementP83-1 (Lexington Ave. north of County Rd. F to County Rd. G2) and authorize execu- tion of the plans by the Mayor and Engineer. Motion carried unanimously (5-0). REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 83-1, Hazelnut Park Addition: Final Plat Council was referred to a transparency of the Final Plat of Hazel- nut Park Addition which is the first addition of the subdivision, consisting of 19 lots. Miller reported that the plat satisfies the requirements of the preliminary plat approval, and is recommended for approval; ex- plained that execution of the plat by the City will be delayed pending award of bid, and execution of the Development Agreement by the developer. Engineer Christoffersen noted the need for a lS foot wide sewer easement between Lots 10 and 11, lllock 1. Miller suggested that the easement be indicated S' in width on Lot 10 and 10' in width on Lot 11, which will not further restrict the building envelope on either lot; noted that the Lot 10 building envelope is re- atricted by 33' wide pipline easement). 1 Minutes of Regular Council Meeting May 9, 1983 Page two , . Council discussed the proposed street name and addressing ~oncerns of the Planning Commission, and after review of numbering system which could be applied to this plat, as well as numbering systems of similar cul-de-sac situations in other Arden Hills subdivisions (Chatham, Arden Oaks, llriarknoll) Hicks moved, seconded by McAllister, that Council approve the Final Plat of Hazelnut Addi- tion, subject to: I. Designation of a 15' wide sewer easement between Lots 10 and 11, Block 1 (5' wide on Lot 10 and 10' on Lot 11, Block 1). 2 . Execution of the Development Agreement. . . 3. Award of Bid for Streets and Utilities. Motion carried unanimously (S-O). (Bid Award consideration is scheduled at a Special Council meet- ing on Tuesday, May 31st at 5:00 p.m.). Development Agreement Council was referred to proposed Development Agreement, and suggested change thereto on page ~ relative to grading plan review. O'Meara said he is satisfied with the Agreement, with the change suggested. Christiansen moved, seconded by McAllister, that Council authorize the Mayor and Clerk to execute the Development Agreement, as amended. Motion carried unanimously (5-0). Case No. 83-9, Special Use Permit - Excavation and Fill, Lot 1, Block 1, Valentine Hills (Valcourt Company) Miller reported that the Planning Commission recommends denial of a Special Use Permit for the Excavation and Fill plan proposed because of an engineering flaw which based calculations on a 30' building setback, instead of the required 40', and because the data received by the Commission was insufficient without a report from the City Engineer. Deputy Clerk Zehm reported that Mr. Rekucki was advised of to- night's meeting. Miller explained that the applicant also indi- cated at the Planning Commission meeting that he would be at to- night's Council meeting, but is not present; noted that the Plan- ning Commission did not have the benefit of the City Engineer's report. Miller reported that some of the Planning Commission's concerns were that it was dealing with "unknowns" - not sure of grading plans or how property is proposed to be subdivided; con- cerned about how surcharging would affect elevations, since de- veloper said he did not propose to exeavate and fill. Mrs. Schacht,1683 W. County Rd. F, expressed concern that "noth- . ing has been put in writing<<; we are all assuming what is proposed; feels decisions should not be made on assumptions. In discussion, Miller explained that the developer proposes to haul in fill to bring the proposed building pads to an elevation slightly above the street elevations; lots would be mounded to allow for settling (surcharging); explained that he would then have to excavate under the slab to approximately 8' to support a building, according to report of his soi~ engineer. It was noted that the developer said he does not intend to dig out the 8' of silt; intends to only take out what he has to, after surcharging, and then fill and build. Council was referred to Engineer Christoffersen's letter of April 17, 1980 (Case No. 79-43) relative to application for Valentine Hills No.2 subdivision of this site, and to Christoffersen's letter of 5-6-83 -2- Minutes of Regular Council Meeting " May 9, 1983 Page three Christoffersen recommended that additional ponding be provided in the low area, equivalent be above elevation 898 which is one foot above the invert elevation of the 12" outlet pipe. Christoffersen explained that a 6" rain in a 24 hour period is considered a 100-year storm; results in only 4.1u of run-off. In discussion, it was noted that the project does not provide for much of a safety factor. . Council was referred to the City Code, Subdivision requirement (Section 22-12 (2) f.)U -- no structure or active facility shall be placed in such a ma,nner that it will be subject to flooding." It was noted that the Comprehensive Plan identifies the site as "wetland", and containa a policy which states that alteration of wetlands shall be minimized, It was noted that the City has, in the paat, limited wetland alteration to minimal filling required to enlarge or improve identifiable building sites. Miller noted that almoat no high land for building sites exists on this site; all building sites must be entirely created within the marah area, which would not be consiatent with past City decisions regarding filling. Woodburn noted that his field investigation indicated higher water levels than noted in the engineer's report. Chriatianaen moved, aeconded by Mulcahy. that Council deny a Special Uae Permit for the proposed excavation and fill of Lot 1, Block 1, Valentine Hills because: 1. Proposed alteration of this defined "wetlandu ~a inconsistent with City policy regarding wetland alteration. 2. The aubject property ia a natural lowland for the aurrounding watershed, and contains almoat no land identifiable as building sites; all propoaed sites must be entirely created within the marsh area. Motion carried unanimously (S~O). Case No. 83-SMinor Subdivision - Pro ert at Hamline Avenue and Hi hwa 96 96 Ham1ine Partners Ltd.) Tabled until June 13th Council meeting at request of applicent. Case No. 82-1SB, Minor Subdivision - Resubdivision of Lots 16 and 17, Block 3, Shady Oaks Addition (Heinrich Looa) Council was referred to tranaparency of the proposed resubdivision of two lots into three lots, Miller reported that the proposal waa denied by Council more than six months ago; applicant is re- aubmitting the proposal for reconsideration at this time. . Miller noted that the proposed panhandle lot ia not considered an ideal design, but is not all evil either; noted that, in this instance, the impact of the panhandle, which will become a drive- way, does not adversely impact the adjacent properties, becauae of the existence of a large commercial parking lot adjacent to it, which has greater impact on tha residential lots. Council was referred to Planning Memo o'f 4/26/83 and to Planning Commission's recommendation (Minutes of S-11-83) to approve the resubdivision as proposed. Mr. Loos explained that the two existing lots greatly exceed the stendard lot sizes in the area, and the three proposed lots exceed the 14,000 square foot area requirement for the district. Loos said he considers proposed Lot C a "choice lot"; noted that the rear of the two lots, as platted, is virtually unusable; building sites are at the front of the lots. -3- Minutes of Regular Council Meeting May 9, 1983 Page four After discussion, McAllister moved, seconded by Hicks, that Council deny the proposed 3-lot resubdivision because no hard- ships have been demonstrated on which approval of a variance, from the required full frontage on a public street, can be based. Motion carried. (McAllister, Hicks, Mulcahy, Woodburn voting in favor of the motiOD; Christiansen voting in opposition). (4-1) Report on Ordinance No. 229, Adopting by Reference the Minnesota Uniform Fire Code - Statua Report Miller reported that the State amendments to the Code have not been printed to date; reported that the N.F.P.A. llulletins are "out of print" at present; aince the propoaed City Ordinance references the Code, should probably wait to adopt ordinance until fliers and amendments are available. Miller noted that adoption of the Uniform Fire Code commits the City to enforcement thereof. In discusaion, it was suggested that Council request a report from Lake Johanna Volenteer Fire Depart- ment of ita annual inspections and violations encountered; also to see if Lake Johanna Volunteer Fire Department could be desig- nated to enforce the Code. Council action was deferred until the State Amendments to the Code are available. Request for Revenue Bonds - David Weir, Woodbridge Properties Council was referred to Applications for Industrial Revenue Bond Financing for Ard.... ills Business Center Phases I, j, and III by David R. Weir, Wood~tidge Properties. Weir displayed a concept plan for the proposed development of the 10.$ acre Flaherty Golf Tee site, which would include two single story structures in Phase I and one three story structure in Phase II and in Phase III, Weir explained that the concept is to develop a major corporate business campus with no "frontU or urearu; each entry to the site will be unique and each tenant will be provided its own strong identity; campus will be heavily land- scaped. Weir explained that part of the concept behind Industrial Revenue Bonds is it gives the municiplaity the ability to fund good de- velopment; is similar to City issuing bonds for streeta and util- ities at an attractive rate because they are tax exempt. Weir said this is the same concept as revenue bonds, except they are not using the City's credit. Weir said we are all faced with the challenge to keep business in Minnesota; City has made commitments to encourage residential development; Revenue Bonds will increase tax receipts; the lower interest rate can be the difference between renting or not renting in the project; the concept is a means to promote the business climate within the community, which brings substantial amounts of property tax revenues and employment opportunities for the City's residents. Weir said they need the City's help; ,in helping us, you alao hslp yourselves by keeping business here. In discussion, SOme concern was expressed re competition - why is this project so different from other businesses that have come here without this subsidy? Weir said it could make the difference in whether the project is feasible or not feasible; noted that times are getting tougher; we have no perception of what is com- ing. It was noted that the site is a prime piece of property; are ask- ing for a subsidy for a project in a prime area; understood that the bonding concept was established as an incentive to build in areas which are difficult to develop; can't see where this prop- erty is disadvantaged; it will no doubt develop without Indus- trial Revenue Development Bonds; can't see the need for this spec- ial advantage. -4- ,. . . Minutes of Regular Council Meeting May 9, 1983 Paga five Wair said Arden Hills cannot sit back and expect that the current type of development will continue; City is already axperiancing ground water contamination; noted that not all businesses are lika Land O'Lskes and MSI; feels it is inconsistent for City to sub- sidize streats and utilities, and not also subsidize small busi- nesses by granting them the benefit of Industrial Revenua llond financing. Another concern expressed was that the IRll systam circumvents tha normal system of borrowing. Weir said IR bonds are intended to serve small business;raason for the $10 million limitation. . Weir described the Arden Hills llusiness Center project to ~onsist of 'three separate projects within the project, with three part- nerships; therefore they are submitting three applications for approval. Mulcahy shared his experience relative to use of IRB; said the 2% interest makes the difference in the viability of the project; his employer" used IRll in Golden Valley; would be in another city' if he did not obtain IRlls. It was stated that the City's decision should be based on whether or not it wants the proposed project; rather than on one's attitude relative to the financing method; should not oppose IRll per se. How to rationalize granting this application when several others have been turned down, was queried. It was suggested that when a project is considered preferable over other projects, could grant IRB on an inconsistent basis. A strong concern was expressed that the law is being mis-used; feels aome cities are circumventing the spirit of the law; noted that Arden Hills is not blighted and does not experience chronic unemployment. It was explained by Mr, Prince (Juran and Moody) that there .are seven criteria for IR llonding; only one of which is UblightU; noted that cities strike "blighted" from the language; suggested that if the project is considered an asset to the community, a benefit to the City, then it is a reason to vote for the project and the application if it meets the other aspects of the law. Another concern expressed was that Arden Hills could, in effect, be taking jobs away from other areas; because other communitiea grant IRll's is not a reason that Arden Uills should do it also. Woodburn noted that the taxes that would accrue to Arden Hills (according to the developers cover letter) are in error and would be much less; also, the difference in bond repayment at 13% and 11%, as presented would apparently be 6-7,000 dollars per month a and could not account for a 20% difference in rent. Ue felt that revenue bonds have draWbacks: I) Taxpayers subsidize a commercial enterprise, since they pay the taxes that are avoided by the landholde rs , . 2) The city would be giving an unfair competitive advantage since other offices have been built without City help, 3) Quasi public borrowing takes funds from private borrowers. 4) They should be used for depressed areas, otherwise they have no advantage. Christiansen moved, seconded by Mulcahy that Council schedule a public hearing on applications for Industrial Revenue llond Finan- cing for Arden Hills llusiness Center on June 13, 1983. Motion did not carry. (Christiansen, Mulcahy voting in favor of motion; McAllister, Hicks, Woodburn voting in opposition). -s- Minutes of Regular Council Meeting May 9, 1983 Page six In furtber diacussion it was noted that the proposed developm&nt concept for the site is good, but the type of financing is not favored, One concern expr~ssed was the precedent IRB financing sets, in view of City's past experience of denials. Ie was suggested that the City inves~igate guidelines for IRB financing; suggested it may make future decisions easier for Council under its own guidelines. McNiesh noted that llond Counsel Popovich advised that laws have changed since we last considered a Revenue Bond request; suggested that, if Council is interested in this method of financing, he will prepare a policy statement and guidelines for the Council's consideretion; would then dis- . cuss these at May 23rd meeting. Council concurred to proceed with the proposed schedule ss out- lined. REPORT OF VILLAGE TREASURER DONALD LAMB In ve s tmen ts 4/29/83 - $280,000 at Norwest Bank @ 8.40% interest, maturing in 90 days (7/29/83). Christiansen moved, seconded by Mulcahy, that Council ratify the Traasurer's report. Motion carried unanimously (5-0). Temporary Summer Employees - Public Works Department Council was referred to Johansen's memo of May S, 1983 re summer help. Hicks moved, seconded by McAllister, that Council spprove the biring of summer employees Steve Zehm at ,6.S0/hour for 440 hours and Steve Oen at $4.00/hour for 14 weeks. Motion carried unan- imously (S-O). Finance Committee Recommendations - Inflo/Infiltration Chriatiansen moved, seconded by Hicks, to table until May 23rd Council meeting. Motion carried unanimously (S-O). Cable Communications Citizen Advisory Committee Responsibilities and Coals. Hicks moved to adopt the Responsibilities and Coals, Cable Com- munication Citizen Advisory Committee, Village of Arden Hills, as recommended. Motion was seconded by McAllister and carried unan- imously (S-O), Selllinar McNiesh reported that Joe North has expressed an interest in attending the Cable TV Workshop on May 17th at Se. Thomas Hicks moved, seconded by McAllister, that Council autho- rize payment of the 'lS.00 registration fee for any Committee members who wish to attend. Motiqn carried unanimously (S-O). . Proposed Design Change Bauer briefly described the design change proposed by Croup W; noted that the Commission's technical consultant has been asked to study the change, which has been approved in concept, providing there will be no dilatorious sffect on the subscribers. Bauer said they are Ustrand mappingU Roseville now and. Group W claims to be on schedule. Bauer said a sub-committee has been formad to formulate the job description for a Cable Administrator, and to act as a selection committee. -6- , , ,Minutes of Regular Council Meeting May 9, 1983 Page seven Human Rights Commission - Annual Conference McAllister moved, seconded by Mulcahy, that Council authorize attendance of Commission members at the Annual Conference at $30 each, total cost not to exceed amount budgeted. Motion carried unanimously (S-O). OTHER llUSINESS Purchase of State Statutes Council authorized the purchase of current Minnesota Statutes at a cost of $100.00. . Drainage - Arden Plaza Council was referred to Johansen's memo of 5-6-83 and copy of approved drainage plan. After discussion, Council requested McNiesh to notify C.G. Rein of the drainage problem which is the result of apparent on-site changes which allows surface water to drain onto adjacent prop- erties; letter to also advise that there are several dumpsters west of the shopping center which are not covered and not screened from view and a large pile of sand and debris has been allowed to accumulate west and south of the site which presents an unsightly appearance. Losers Group - Request for Lobbyist Support Council concurred with Mulcahy that 11th hour lobbying will prob- ably not be effective. Planning Commisaion Meeting Hicks reported that the Planning Commission would like to see the current Cummings Park plan; had seen the previous plan before it was revised. Tom Newcome Request For Support to Remain on Metro Council Woodburn will draft letter of support. REPORT OF VILLAGE CLERK ADMINISTRATOR CHARLOTTE MC NIESH 1984 Budget Calendar McNiesh referred Council to the Calendar for 1984 Budget; reported that it has been sent to department heads and committee chairmen. Claims and Payroll McNiesh referred Council to five claims, totalling $S56.64, in addition to list of claims presented for approval. . Hicks moved, seconded by McAllister, that Council approve the Claims and Payroll, and the additional five claims, as presented. Motion carried unanimously (S-O). . Sportsman Club License Mulcahy moved, seconded by McAllister, that Council approve the Sportsman Club concession stand license for 1983.' Motion carried unanimously (5-0). Adiournment Hicks moved, seconded by McAllister, that the 1:13 a.m. Motion carried unanimously (S-O). meeting adjourn at ~dPmY);A~ Charlotte McNiesh Clerk Administrator {~~ Mayor Notice of Meeting The next Regular Council Meeting will be held on Monday, May 23rd at 7:30 p.m. at the Village Hall. -7-