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HomeMy WebLinkAboutCC 11-10-1986 MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, November 10, 1986 Village Hall Call to Order Pursuant to due call and notice thereof, Acting Mayor Dale Hicks called the meeting to order at 7:30 p.m. Roll Call Present: Councilmembers Nancy Hansen, Gary Peck and Thomas Sather. Absent: Mayor Robert Woodburn. . Also Present: Treasurer Donald Lamb, Planner Orlyn Miller, Parks Director John Buckley, Public Works Supervisor Robert Raddatz, Clerk Administrator Charlotte McNiesh and Deputy Clerk Catherine Iago. Welcome Webelos Acting Mayor Hicks welcomed Webelos Pack 626, from St. Odelia's, and their Pack Leader Ron Boeckermann to the Council Meeting. Approval of Minutes Clerk Administrator advised the motion reI David McClung's appointment to the Public Safety/Works Committee had been inadvertently omitted from the minutes of October 27th and asked that the minutes be amended to include the motion. Hansen moved, seconded by Peck, that Council approve the minutes of the Special Meeting of November 6th as submitted and approve the minutes of the Regular Meeting of October 27th as amended to include the following motion: Appointment to Public Safety/Works Committee Mayor Woodburn recommended the appointment of David McClung as an associate voting member of the Public Safety/Works Committee. Sather moved, seconded by Hansen, that Council approve the recommendation to appoint David McClung an associate voting member of the Public Safety/Works Committee. Motion carried unanimously. (5-0). Motion carried unanimously. (4-0). , Business from Floor None. North Snellin~ Park Gradin~ Planner Miller explained his discussion regarding the park site at North Heights Lutheran Church. He advised the Parks Director had obtained the fill for the site at no cost to the City so that the play area at the park could be enlarged. Miller outlined in his letter of 11-7-86 the costs for distributing the fill and finishing the grading on site. total cost is $5,600.00. He further stated these quoted costs are considered reasonable for the work involved and since the contractor is scheduled to cleanup the site this week, it is a convenient time to do the grading. Hansen asked if ~he funds were budgeted in 1986 and if City staff could do the . work. Parks Director stated $15,000-20.000.00 was budgeted in 1986 to complete this site. since the fill was obtained at no cost, original grading was $3,000, with this expenditure for finishing the total cost would be approximately $10.000.00, which is well under budget. Buckley advised staff is available, however, the equipment necessary to accomplish the finishing work would have to be rented. Sather moved, seconded by Peck, that Council approve the expenditure of $5,600.00 for the final grading and redistribution of topsoil at North Snelling Park. l Minutes of Regular Council Meeting. November 10. 1986 Page 2 In discussion. Hansen asked if the site would be seeded this year. Hicks asked if straw would be placed on site to prevent erosion. Buckley advised the grading may not be fine enough to seed now. if not it will be seeded in the spring of 1987. He further advised the straw would not be necessary as area is relatively flat. Motion carried unanimously. (4-0). CumminRs Park Picnic Shelter . Acting Mayor Hicks commended Parks Director. Public Works Supervisor and crew for pouring and finishing the concrete floor of the Cummings Park picnic shelter at half the cost quoted by the contractor. HiRhland Nursery Tree Donation Council was referred to memorandum from Parks Director (11-10-86) re: donation from Susan Hustings. 4126 Norma Circle. of over 80 potted plants (ornamental shrubs. evergreen and shade trees) for park plantings. He advised a letter of thanks for her generosity would be sent on behalf of the Village. REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 86-14, Final Plat of Keithson Addition. Marcel Eibensteiner Council was referred to Planner's memorandum (10-20-86). Miller stated the contingencies under Preliminary Plat approval which have not been resolved relate to Park Dedication, which should be tied to building permits on houses. and the need for a turnaround. which will require obtaining a temporary easement from applicant. Miller stated the surveyor indicated the easement would be established by legal document and recorded with the plat instead of shown on the plat. because it is temporary. Planner referred Council to a document submitted by the applicant this evening with the proposed easement. He stated no variances are requested and Planning Commission has recommended approval. subject to submission of easement document. park dedication resolution prior to issuance of buildings permits and execution and recording of plat following bidding and award of contract for improvements. Marcel Eibensteiner asked if a letter of credit or bond would have to be posted upon award of contract for improvements. Clerk Administrator advised there is a requirement in the development agreement for a $25.900 bond or letter of credit being posted in conjunction with guarantying the payment of engineering fees. Hicks asked Planner if the easements as proposed would be sufficient to provide a cul-de-sac. Miller advised that Planning Commission recommended the turnaround be approved by the Fire Chief. Public Works Supervisor and Engineer. He stated it is his understanding the applicant has been in contact with the staff. Miller suggested Council could request written approval from staff regarding turnaround if that is questionable. Hansen moved, seconded by Peck. that Council approve Case No. 86-14. Final Plat . of Keithson Addition. subject to the following conditions: 1. Submission of the easement document for a temporary "hammerhead" turnaround. 2. Resolution of Park Dedication prior to issuance of building permits. 3. Execution and recording of the plat following bidding and award of contract for improvements. In discussion. Hicks asked applicant if he could build on Lot 7. Block 1. in Keithson Addition without requesting variances, due to the reduction of the lot by easements; Planning Commission minutes reflect they hoped the developer would not request variances for that lot. ------ , .' Minutes of Regular Council Meeting, November 10, 1986 Page 3 Eibensteiner advised he was sure he could place a home in the building envelope for that lot without requesting any variances. Motion carried unanimously. (4-0) . Case No. 86-35, Variances Rearyard Setback, Sideyard Setback and Lot Coveraae, 1153 Benton Way, Hunter's Park, Sheldon Braaten Planner explained the request for several Variances due to a proposed addition . at 1153 Benton Way, Hunter's Park. He briefly reviewed the special lot sizes in this PUD development under Special Use Permit. Miller advised the approximately one year ago the SUP was revised to allow for additions to be placed on homes in this area and if variances were required normal City procedures would have to be followed. He stated that prior to applying to the City for variances residents must seek approval from the Architectural and Environmental Committee of Hunter's Park, and approval of the two adjacent neighbors of the applicant. (see letter from A & E Committee of Hunter's Park (9-15-86) granting approval). Planner advised Council the Variances requested are: 1. A 10 ft. Variance from Rearyard Setback requirements. (20 ft. provided, 30 ft. required in an R-2 District) 2. A 4 ft. Variance from Sideyard Setback requirements. (1 ft. provided, 5 ft. required) 3. A 7% Lot Coverage Variance (65% lot coverage is allowed; Miller pointed out the lots in Hunter's Park are 55% of standard single family lot size) Council was referred to Board of Appeals Minutes ((10-30-86) recommending denial of all three variance requests. based on concern for fire safety and visual impact due to separation of only 7 feet from the home to the south. Council was referred to Planning Commission Minutes (11-5-86) recommending approval of lot coverage and rearyard setback variances. Miller noted the Commission concerns regarding the sideyard variance, however, after much discussion and negotiation with the applicant Planning Commission recommended a sideyard variance of 3 feet rather than 4 feet, also stating no portion of the . addition could be closer than 10 feet to the adjacent home to the south. Planner displayed a drawing of the proposed addition which meets the Planning Commission contingencies, submitted by Sheldon Braaten. Sheldon Br~aten, 1153 Benton Way, advised the drawing he submitted does meet the requirements set forth by the Planning Commission and he feels comfortable with the addition as revised. Hansen moved, seconded by Sather, that Council approve Case No. 86-35, with the following conditions: 1. Sideyard Setback Variance being 3 feet. 2. No portion of the house being within 10 feet of the neighboring house to the south. 3. Rearyard Setback Variance of 10 feet, which increases the Lot Coverage above the acceptable limit, requiring a 7% coverage variance, and . such approval is based on recommendation of the Homeowners Association of Hunter's Park and the changes the applicant has negotiated. In discussion, Hicks was concerned about the impact of the proposed addition on the neighbor to the south; maintaining a 10 ft. building separation leaves no room for expansion to that neighbor. He feels Braaten's addition is nice looking, only opposes limitations placed on the neighbor. He asked Braaten if he knew who the dissenting vote on the A & E Committee was. Braaten stated they do not receive that information, pointing out that it could have been anyone in the Hunter's Park development and not necessarily a neighbor. Motion carried. (Hansen, Sather and Peck voting in favor; Hicks opposed) (3-1) ---.- ~ Minutes of Regular Council Meeting, November 10, 1986 Page 4 Planner advised Council one of the Planning Commission members requested that we receive minutes of the Architectural and Environmental Committee of Hunter's Park meetings, rather than just a letter of approval or denial. Council concurred this would be helpful. Case No. 86-36, Minor Subdivision and Amended Site Plan Review, 1901 13th Street Northeast, Minnesota Diversified Products Planner reviewed the request for Lot Split/Consolidation and Amended Site Plan to allow the construction of a parking lot, which also requires reconstruction . of the existing drainage facility on the site. Miller explained the portion of land to be split from Naegle property was identified as an outlot on a previously approved preliminary plat (since abandoned) of the area. because it could not be attached to any lot conveniently, except the Diversified property. He recommends consolidation as a logical use of the land. Planner described the use of the land for truck parking and advised that although screening is not mandatory, he recommends plantings along the southwest edge of the parking lot to reduce visual impact. Miller explained that construction of the additional parking lot area not only increases coverage of the land and exceeds maximum coverage by 3%, but also requires the enlargement of the ponding area for run-off. Rice Creek Watershed has approved the enlargement of the pond pending Naegele's approval for an outlet onto their property (Planner has received such approval from Naegele). Planner suggested that due to possible future development of the Naegele property it was his opinion that the City keep the option open for the potential development of a road in the future by either; 1) obtaining a written agreement from Diversified to remove that portion of the parking lot improvement which encroaches on the street right-of-way at no cost to the City, if the street is developed at a future time. or 2) reduce that portion of the parking lot that encroaches in that area, which would also eliminate the need for a coverage variance. Miller advised the applicant would like use of the land now and would prefer to submit the written agreement and reduce the parking area at a different location to eliminate the need for the coverage variance if necessary. Miller reviewed the Planning Commission conditions for approval and advised the registered ~urvey has been submitted; he explained the other conditions (see Planning Commission minutes 11-5-86). In reference to the dustproofing, Planner stated the Engineer has recommended a seal coat and Planning Commission was concerned about pollution of the run-off waters by the seal coat material used. Miller has spoken with John Panuska. Rice Creek Watershed, who advised there are skimmers built into the pond and he sees no problem with the seal coat recommended by the Engineer. Planner noted the applicant's concern as to when the sewer line would go thru the property and he therefore suggested the applicant coordinate the parking lot improvement with the Engineer's plans for the sewer interceptor in that area. . Reed Johnson, Minnesota Diversified, stated he would like to complete the improvement prior to freeze up and was concerned about his contractor having to come back to redo the portion of the parking lot where the sewer line goes thru. He stated he was willing to exclude the portion of the lot discussed by Planner, which would eliminate the need for the 3% coverage variance. Hicks asked if easements would be required from Diversified as well as Naegele if the lot split and consolidation is approved. Miller stated it would be necessary and this was the proper time to obtain such easements. He suggested this should be discussed by the applicant and the Engineer, as well as the parking lot improvement coordination with the sewer interceptor. ~ Minutes of Regular Council Meeting, November 10, 1986 Page 5 , Planner commented the Planning Commission motion recommended approval of the 3% coverage variance and we are required to identify this to the DNR. Hansen asked Planner if it is a lengthy process to notify DNR and receive approval. Miller stated he did not feel there would be a problem with this particular request, however it is a lengthy process and could restrict initial construction at this time. He felt it might be best to reduce construction at . this time or until DNR has given approval. Hansen asked Johnson what could be done by City when sewer interceptor goes thru to help alleviate the burden of reconstructing that portion of the improved parking lot. Johnson advised it would help if the area was graded to the same elevation after construction of the sewer line. Treasurer asked if the contract authorizing removal of the improvement at no cost to the City would be honored by future owners of the land if the road were constructed at a later date. Miller advised if would only be honored if it were attached as a covenant to the property. Hansen moved, seconded by Peck, that Council approve Case No. 86-35, Minor Subdivision and Amended Site Plan, Minnesota Diversified Products, subject to the following conditions: 1. That the applicant provide a written agreement to remove the parking area improvement which encroaches on the street right-of-way, if the street is extended at a future time, at no cost to the City. 2. City receive DNR approval. in writing, for the 3% Coverage Variance. 3. Provision of plantings along the southwest edge of the property as approved by the Planner. 4. Treatment for dustproofing insure that there be no pollution of run-off , waters. 5. Materials used for seal coat be approved by the Engineer and Rice Creek Watershed. 6. Applicant coordinate parking lot improvement with Engineer's proposed sewe~ interceptor improvement plan for that area. Hicks moved to amend the motion to add: a) Contingent upon the applicant granting the City all necessary easements for the sanitary sewer. b) Planner reviewing the registered survey and finding it in conformance with the application. c) The Lot Split and Consolidation approval contingent upon Naegele granting the City all necessary easements for construction of the sanitary sewer. Amended motion fails due to lack of second. . In discussion, Hansen asked if Planner felt the contingency regarding Naegele granting easements to the City would help with the negotiations for obtaining the easements. Miller stated that Naegele is a party in the lot split/consolidation and although legally such a condition could be made a part of the approval he was unsure if it would speed the negotiations. Hicks advised that after discussion with Clerk Administrator she stated the Attorney advises this is not an unreasonable request. Hansen withdrew the original motion, Peck withdrew second. ... Minutes of Regular Council Meeting, November 10, 1986 Page 6 Hansen moved, seconded by Hicks, that Council approve Case No. 86-36, Minor Subdivision and Amended Site Plan Review, subject to the following conditions: 1. Planner review of the registered survey and finding it in conformance with the application. 2. Applicant provide a written agreement to remove the parking area improvement which encroaches on the street right-of-way at no cost to the City, if the street is extended at a future time. 3. Applicant provide, in writing, a document which grants the City all . necessary easements for sanitary sewer improvements. 4. A 3 percent Coverage Variance be granted upon receipt of written approval from the Department of Natural Resources. 5. Provision of plantings along the southwest edge of the property as approved by the Planner. 6. Treatment for dustproofing insure that there be no pollution of run-off waters. 7. Materials used for seal coat be approved by the Engineer and Rice Creek Watershed. 8. Applicant coordinate parking lot improvement with Engineer's proposed sewer interceptor improvement plan for that area. 9. Naegele provide all necessary easements to the City for sanitary sewer improvements. In discussion, Reed Johnson expressed opposition to the contingency of obtaining easements from Naegele. Johnson stated he did not feel it would help with the City's negotiations: rather it may negate his dealings with Naegele for purchase of this parcel. Sather stated he understands the intent of the motion; however he feels method of encumbering this applicant is unfair. Hicks disagreed: felt the encumbrance would be on Naegele. Sather moved to amend the motion, seconded by Peck, to strike the contingency regarding Naegele providing all necessary easements to the City for sewer improvements. Amended motion carried. (Sather, Peck 'and Hansen voting in favor; Hicks opposed) (3-1) Original motion as amended carried. (Hansen, Peck and Sather voting in favor: Hicks opposed) (3-1) Construction of Accessory Structure, Cummin~s Lane Planner reviewed the letter from Thomas Horty, 3420 Glenarden Road, regarding the construction of a 40 ft. x 60 ft. garage building on the adjoining property to the south of Horty's residence. Hiller suggested that although the garage construction meets all City Code requirements, staff and neighbors are concerned about future use of the structure. He noted the individual has been advised he cannot operate a business nor store commercial vehicles in this structure. Planner recommends a letter be drafted, officially from the City, explaining to this individual'which uses are permitted and which are not, as well as asking . him what the intended use of the structure will be. , Council concurred that a letter be sent to this individual as recommended by Planner. Ordinance No. 245, Amendin~ Section 3-41(c) of the City Code, Prohibitin~ On Sale Liquor Licenses Within 500 ft. of Any School or Church Hansen moved, seconded by Peck, that Council waive second reading and approve Ordinance No. 245. Amending Section 3-41(c). Motion carried unanimously. (4-0) ------ ~ " . Minutes of Regular Council Meeting. November 10. 1986 Palle 7 REPORT OF PUBLIC WORKS SUPiRVISOR ROBERT RADDATZ Award of Bid for Box. Plow. Hydraulics and Sander Council was referred to list of bids received (11-6-86), and Public Works Supervisor advised the bids from Midland Equipment and Crysteel were only $16.00 apart with Midland being tn. low bidder. Raddatz reviewed both bids and although Crysteel is located closer to the City for servicing the equipment. he recommends Midland Equipment Company be awarded the bid as the low bidder in the amount of $11.111.00. He noted this type of equipment doesn't usually . require alot of service. and he explained that Midland extends a 1% discount if payment is received within 10 days of delivery. Hansen asked why the sander was not included in any of the bid quotes. Raddatz explained two different bid specifications were used to draw up these specifications and he inadvertently omitted the sander. He suggested the sander can be purchased on a quote basisl sanders usually cost between $1.700 spd $2.000 and can be installed by City staff. Sather moved. seconded by Peck. that Council approve the expenditure of $11.111 awarding the bid to Midland Equipment Company for Box and Plow. and authorize Public Works Supervisor to receive no less than two quotes for an additional expenditure not to exceed $2.000.00 for a sander to be installed by City staff. In discussion. Treasurer asked Raddatz if the sander attachment is standard equipment or if prices would vary excessively. Raddatz explained the sander is standard equipment and most companies do not keep them in stockl he felt prices should not be extremely different. Hotion carried unanimously. (4-0) Part Time Public Works Em 10 ee - OJT Student Council waa referred to Raddatz' memorandum 11-6-86) requesting to hire an OJT student as a part time employee to work approximat.ly 3 hours a day for Public Works Department. . 'Raddatz advised the former student who was employed for the past two years with the City had quit school. making him ineligible for the program. He noted both the Moundsview and Irondale work-study prollram coordinators have recommended Jason Rosandich for the position. Raddatz also recommends he be hired at $4.PO per hour. as budgeted for 1986-87. " Raddatz stated the student must maintain good grades and stay in school to be eligible for the prollram. Hicks commended Public Works Supervisor for his counseling of the former OJT student and his efforts with this program. Hansen moved. seconded by Peck. that Council approve hiring Jason Rosandich as a part time Public Works employee at a salary of $4.00 per hour. contingent upon his staying in school and maintaining good grades. Motion carried unanimously. (4-0) . Schedule Closed Meetina. November 24th. 1:00 p.m. - Lindev's Trianale Sather moved. seconded by Peck. that Council schedule a closed meeting on November 24. 1986. at 1,00 p.m.. to discuss Lindey's Triangle easement. Motion carried unanimously. (4-0) Status Report - Park Dedications Shannon Square - C.G. Rein Councilmember Sather reviewed discussion of Park Dedication for Shannon Square. He recommended offering a counter proposal (see letter 11-11-86) requesting a lump sum fee of $31.000.00 (10% of purchase price), payable on date of occupancy. After discussion. Council consensus was to delete the second paragraph of the letterl the matter could be explained to Mr. Cavanaugh in his discussions with Sather. -.---- Minutes of Regular Council Meeting, November 10, 1986 Page 8 Council concurred with recommendation of Sather to request a lump sum fee of $37,000.00 payable at date of occupancy and requested he proceed with negotiations. Northwoods Office Park - Opus Corporation Councilmember Sather advised he has scheduled a meeting on Thursday, 11-13-86, with Mr. Murnane to discuss the Park Dedication as outlined in his letter of 11-5-86. He advised he will report to Council at the regular meeting of November 24th. . Approval for Parks Director to Attend Seminar Council was referred to request from John Buckley to attend "Park Planning for the Future" Seminar, on November 14th, at a cost of $20.00. Sather moved, seconded by Peck, that Council approve the $20.00 expenditure for "Park Planning for the Future" Seminar for John Buckley. Motion carried unanimously. (4-0) Other Business Discussion of Parks Director Requests at Council MeetinRs Hansen suggested the Parks Director's items for agenda could be discussed earlier; due to the fact Buckley lives quite a distance from the City. She pointed out he usually is not available if Council has questions regarding his requests. Compost Site Employee Commended Hansen advised Council she had received many positive comments re: William Berglof, who is the employee at the compost site. Residents stated he is very helpful and friendly. Joint Animal Control Services with City of Shoreview Hansen asked the Clerk Administrator is she had pursued the concept of sharing Animal Control with the City of Shoreview. McNiesh stated it had been discussed with the Shoreview Manager informally, shortly before the joint fire station discussions began. She stated the areas of discussion were reimbursement for vehicle, salary and fringe benefits. Oak Avenue Wash-Out Problem Hansen questioned 'the wash-out problem on Oak Avenue; asked about the status of this matter.' McNiesh advised the Engineer had tried to contact the complainant; she will check with Engineer regarding the complaint. Objection to Liquor License Fees - Flaherty's Arden Bowl Hansen referred to a letter from Flaherty's Arden Bowl, objecting to liquor license fees. She asked if we could survey other cities to compare fees. McNiesh advised a survey of other cities fees was done two years ago when Arden Hills fees were increased and that the City receives this type of letter every . year since the increase. She further advised the Finance Committee has tried to develop criteria for fees based on services. Hicks asked how the City had responded to this type of letter in the past. McNiesh advised we have not responded; she suggested we could respond that the Finance Committee will probably review the fees in 1987. Hicks felt it would be appropriate to advise Flaherty's we have studied fees in the past and that they are related to services. Council consensus was that a letter be sent to Mr. Flaherty, including the above information. ., ~-- ~------ - - ---------- ---"------- -. ~_. - . - t Minutes of Regular Council Meeting, November 10, 1986 Page 9 Notice of Claim - In;ury at Island Lake School Peck asked the status of the Notice of Claim for the injury at Island Lake School. McNiesh advised a copy of the claim was forwarded to the Attorney and we have no other information regarding the matter. She noted Arden Hills was involved '. because staff occasionally performs routine maintenance at that location. . REPORT OF CLERK ADMINISTRATOR CHARLOTTE MC NIESH Claims and Payroll Peck moved, seconded by Sather, that Council approve the Claims and Payroll as submitted. Motion carried unanimously. (4-0) Resolution No. 86-57. Authorizin~ City of Arden Hills To Enter Joint Powers A~reement with City of Shoreview for South Fire Station McNiesh advised Council this resolution had been approved at the regular meeting of October 13th; only necessary for Council to concur with the language as drafted by the Attorney. Council concurred with resolution language as drafted by the Attorney. Appointment of Lloyd Scott - Rice Creek Watershed District Board of Mana~ers MCNiesh stated she checked with the Administrative Assistant at RCW who advised Scott is interested in continuing in the position. If Council concurs, she will send a letter to the County Board of Commissioners recommending he continue in the position. Council concurred with the recommendation. Amendment to Council Minutes of October 13. 1986 McNiesh stated she had reviewed the tapes of the October 13th Council meeting, page 7, and found the minutes to be correct with Councilman Sather commenting on union negotiations. She asked if Council concurred to delete the amendment to the October 13th minutes. Councilman Sather had no objection. Council concurred to leave minutes as originally submitted. Appointment of Clerk Administrator Patricia Morrison Hicks asked the status of Mrs. Morrison's appointment. McNiesh advised Mrs. Morrison had accepted the position, she would start on November 24th and she was looking forward to joining the staff. Hicks commented that the City was fortunate to have someone of her caliber interested in the City and they were looking forward to her starting. Adjournment Hansen moved, seconded by Sather, that the meeting adjourn at 9:30 p.m. Motion '. carried unanimously. (4-0) ~Ltfi))f1LJ_ vfluJj~ Charlotte McNiesh Dale Hicks Clerk Administrator Acting Mayor . ------..---- _._---~ ---- - ~ ----~- -- - ~ ~.- ~.._-