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HomeMy WebLinkAboutCC 07-08-1985 ....;" MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Monday, July 8, 1985 - 7:30 p.m. Village Hall Call to Order Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:30 p.m. Roll Call Present: Mayor Robert Woodburn, Councilmembers Thomas Sather, Gary Peck, Nancy Hansen, Dale Hicks None Attorney James Lynden, Engineer Donald Christoffersen, Treasurer Donald Lamb, Clerk Administrator Charlotte McNiesh, Deputy Clerk Dorothy Zehm Absent: Also Present: . Request to Add Item to Agenda Woodburn reported that David Weir and Eric Nesset have asked that the Northpark Business Center Park to tonight's agenda. (Woodbridge Properties) Dedication be added Council concurred to add it after the Report of Village Engineer Christoffersen. Approval of Minutes Hicks moved, seconded by Peck, that the minutes of meeting of June 24 be approved as amended. Motion (5-0 ) the Regular Council carried unanimously. . Business from the Floor RiKht-Turn Lane - Hamline Ave. at STH 96 Jerry Timm, 4407 Arden View Court, complimented the Public Works Department on the construction of the right-turn lane on Hamline Avenue at STH 96 "a job well done"; noted that the Group W pole should be moved for safety reasons. Public Works Supervisor Raddatz reported that the pole will be moved by Group W Cable. Geese Complaint - Joseph Kahnke, 1451 Edgewater Ave. Kahnke asked for help in removing the geese from Lake Johanna; expressed concern about the health aspect - feels it is not a healthy situation. Kahnke reported he counted 42 geese at the south end of the lake; feels the geese are dangerous for small children in the area, particularly at the beach; feels the situation is getting'worse and the residents in the area would like something done about it. Hansen reported that her survey of lake residents revealed that only twelve out of 100 contacted wanted the geese removed; only three were willing to help pay for the removal. Hansen reported that RCWD treated the matter as "a joke"; DNR expressed concern and advised that a DNR permit is needed to remove the geese, but would probably not grant a permit for fewer than 100 geese. Hansen said she has requested that residents not feed the geese; suggested that concerned residents write directly to DNR, advising of the problem. . Woodburn said he understands that removal of the geese must be done 'in July; noted that the removal therefore could not be accomplished this year. Woodburn noted that the cost of removal is substantial; so, it will have to be decided how to pay for it, if it is to be done. Mr. Kahnke said it is the sentiment of the neighborhood to get rid of them. REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Special Use Permit, ,Arden Hills Club Sports Clinic Council was referred to Lynden's letter of 7/8/85 and attached draft of Special Use Permit for Sports Clinic. Hansen moved, seconded by Hicks, that Council approve Special Use Permit Case No. 85-5, as drafted, and authorize its execution by the Clerk Administrator. Motion carried unanimously. Minutes of Regular Council Meeting, July 8, 1985 Page two Recommendation, City Code Chapter 18, Peddlers Lynden referred Council to his letter of 7/3/85 re Peddling -- Roseville (Green River) Approach vs. Arden Hills (Modified Green River/Licensing) Approach. Lynden explained the two options the City can take; noted that Chapter 18 can be left as it is, or changed to clarify who the licensees are, or Council can adopt the "Green River" approach, prohibiting practices which many municipalities consider to be a nuisance to its citizens. McNiesh reported that the office receives periodic requests for permits; office is aware of instances where people solicit without obtaining permits; reported that we have citizens who object to soliciting. In discussion, Hansen said she would favor the most stringent ordinance prohibiting soliciting door-to-door; would not, however, want it to . prohibit children from selling cookies, etc. to earn money for scouts, schools, church, etc. Council concurred, and authorized Lynden to draft an ordinance using the "Green River" approach for Council consideration. Federal Law re Compensatory Time Woodburn reported that Federal law prohibits employees from accumulating "comp. time"; must be paid overtime for hours worked in excess of a 40-hour week. McNiesh said checks are being prepared to pay employees for accumulated camp. time. Council concurred to refer the matter to Lynden to determine City's and employees' options, if any, under the law. Status Report - Parkshore Drive. EdRewater Estates Thomas Zappia, attorney representing Gerald McGuire, reported that they met with the Winieckis relative to the Parkshore Drive right-of-way; as of tonight have not been successful in resolving the matter. Zappia advised that a letter will be forthcoming from McGuire, agreeing to pay the costs of the Feasibility Report, if the project is abandoned; McGuire wants the City to proceed with preparation of the Feasibility Report. Zappia explained that neither McGuire nor the Winieckis need the 500-foot- long cul-de-sac street to serve their needs; costs for both property owners would be reduced if the street is reduced i~ length; McGuire can construct a private driveway to serve the apartment units, at a much lesser cost than the cost of a City street. Zappia noted that there is a certain benefit to the City for public access to the park, which is the reason the road was extended to the park. Zappia reported that they proposed a 65%/35% split (McGuire 65%, Winieckis 35%); noted that the proposed split was based on acreage (21 acres/8 acres) and potential density at R-3, or 4.5 units/acre (87 units/32 units). George Winiecki said he feels something can be worked out with Mr. wants a little more time; is confident the matter can be resolved. said he talked with Orlyn Miller relative to a shortened road; was Miller that he would memo the Council. McGuire; Winiecki told by Hicks noted that the proposed reduction in road length seems to be enough of a deviation from the approved plan to require that a new plan be presented 4It for approval. Zappia explained that they had proposed to incorporate changes or modifications to the Preliminary Plat, as required by Council, in the Final Plat, when presented for approval. Hicks said he'd want to see a diagram of the development before authorizing a feasibility study; feels the road length must be known, in order to calculate materials costs and also to determine how a shortened road would affect the drainage. Sather asked how a shortened road will affect the access to the park. Zappia explained that McGuire would dedicate the land necessary to accom- modate a road for access to the park. Minutes of Regular Council Meeting, July 8, 1985 Page three Council was refered to Christoffersen's letter of 6/27/85, and attached Estimate of Cost for Street and Drainage (Parkshore Drive). Christoffersen said he does not anticipate that the uncertainty of road length will appreciably affect preparation of the Feasibility Report; does not feel the drainage will be affected by a shortened road; can include cost figures for materials for both road lengths. Hicks moved to authorize preparation of the Feasibility Study by the City Engineer. subject to receipt of letter from developer that he will pay the costs of the preparation thereof, if project is abated. . McNiesh noted that the preparation of the Feasibility Report was authorized at the last Council meeting; requested letter from McGuire has not been received to date. Motion was withdrawn. REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFERSEN Bid Award - 1985 SealcoatinR Proiect Council was referred to Christoffersen's letter of 7/1/85, and attached bid tabulation. Christoffersen reported that three bids were received; recommends the award of contract to the low bidder, Allied Blacktop Company. Inc. Hansen moved Seal Coating $39.079.55. to approve the award of the contract for the 1985 Bituminous Project to Allied Blacktop Company, in the amount of Motion was seconded by Peck and carried unanimously. (5-0) RESOLUTION NO. 85-26. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR IMP. NO. 85-1, PHASE I, HAMLINE AVENUE SURCHARGE Hicks moved, seconded by Peck. that Council adopt Resolution No. 85-26, APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR IMPROVEMENT NO. 85-1, PHASE 1, HAMLINE AVENUE SURCHARGE. Motion car- ried unanimously. (5-0) (Bids to be opened at 2:00 p.m. on August 7, 1985 at the Village Hall.) Northpark Business Center Park Dedication Dave Weir. Woodbridge Properties. requested.Council's help by enforcement of Code requirements at Arden Plaza. Weir listed the following Code violations which he would like rectified: 1. Curbing at west side of site has not been constructed in accordance with approved plan. 2. Parking lot is breaking up and is in need of repair. 3. Outside trash area is not adequately screened from view of neighboring properties; noted that the recently planted trees are about 2! feet high and do not screen the trash; advised there is no policing of trash areas - area is constantly littered with garbage bags, etc. . Weir said they want a neat and clean neighborhood; reported that Gould & Co. has made an earnest effort to be responsive to cleanup of their exterior storage. McNiesh reported that the trees recently planted at Arden Plaza were 5 foot to 6 foot trees; reviewed the various screening options proposed to effect the required screening; reported that the tenants objected to wooden fence screening of the dumpsters because of problems with gates and the difficulty in maneuvering trucks. Rein then proposed the planting of scotch pine which was approved by Council subsequent to Planner Miller's recommendation of approval and verbal approval by Nesset (Woodbridge Properties). Nesset said his approval was for a combination of trees and fence. Minutes of Regular Council Meeting, July 8, 1985 Page four Weir said the trees are too small to screen the trash area; noted that trees at the south of Arden Plaza are much larger and do provide adequate screening. It was noted by Council that the trees" at the south of the site have an 8 to 10 year growth; Planner anticipates strong screening of the west side of the Arden Plaza site in 4 to 5 years. Weir also noted that the screening of roof top units (mechanical operating equipment) has not been maintained; suggested the units, if painted, would present a better appearance than the fencing in its present condition. Weir said that the Northpark property and Hoigaards still get ground water seepage because of the inadequate curbing at Arden Plaza. In discussion, Hicks said the west side of Arden Plaza has been bermed and sodded; curbing has been installed end to end (not continuous). Weir said the curb is brittle and shifts: consequently we get seepage. Hicks said the Arden Plaza tenants are messy with their garbage/trash; feels this is a legitimate complaint. . Council concurred to refer the complaints to the City Attorney to determine violatons of the Arden Plaza Special Use Permit and/or City Code, and to make recommendations to Council. Nesset explained that when he talked to McNiesh relative to the proposed screening with scotch'pine, he relied on"the City Planner's judgement for adequate screening of the trash area. In discussion of the Northpark Business Center park dedication (Grey Fox Road), Weir noted that Arden Hills has not modified its Subdivision Ordinance to comply with the provisions of Laws of 1980; stated that no two parcels are alike; feels the intent of the park dedication requirement needs to be examined as it relates to each property. Weir referred Council to his previous park dedication proposals: - $30,000, payable over ten years, no interest, first payment at building occupancy. - $40,000, payable over 17 years, no interest, first payment at building occupany. Weir noted that their Northpark Business Center site picks up drainage from adjacent property to the north (International Paper) which is directed into their on-site pond, which will be an ~enity to the City of Arden Hills. Weir noted that land costs have escalated; feels 10% of these escalated prices for park dedication is preposterous. Weir said he has no other proposals to offer to Council; wants fairness. In discussion, it was noted that the on-site pond is an amenity to the Northpark site; Weir knew when the land was purchased, that the site handled run-off from other sites before this development and he had to handle this in some manner. Engineer Christoffersen recalled that some fringe drainage from the north did drain through this area; Northpark, he believes, picked this up and it now goes directly to the on-site pond; noted it could possibly have been dtrected to the City's storm sewer system. Christoffersen explained that the City built the drainage system around the site; on-site system was constructed by the developer. Hicks stated that he needs a good, solid basis for deviating from the 10% requirement; agreed that the pond is a site amenity; asked the basis for the ... $30,000 proposal -- Weir answered "totally arbitrary". Hicks recalled that the previous proposal was $35,000 over 10 years; asked why the change to $30,000. Weir said he recalled it at $30,000. Hansen suggested that action be deferred to the next meeting so previous proposal figures can be verified. Weir requested that the park dedication be dispensed with tonight; wants to avoid paying under protest; anticipates occupancy of the first building in August. Hicks moved to reconsider the relative to park dedication. carried unanimously. (5-0) previous Northpark Business Center motion Motion was seconded by Peck. Motion -- . . Minutes of Regular Council Meeting, July 8, 1985 Page five Sather said he wants to see the City obtain good, usable park land, and/or money to buy some; noted that the Northpark tenants will want to participate in the parks program; wants the City to be able to buy, develop and maintain needed parks. Hansen moved, seconded by Hicks, to put the Northpark Business Center Park Dedication on tonight's agenda for a possible motion to resolve the Northpark Business Center park dedication requirement. Motion carried unanimously. (5-0) Hicks moved, seconded by Hansen, that Council accept a $35,000 park dedica- tion as resolution of the Northpark Business Center park dedication requirement, payable over ten years with no interest; first payment to be n~vable at occupancy of the first building; balance to be payable in nine Is ~ :;,....~ " 001 (I) l'<llC ", ~. 0.. < ....(1)01 ",.... ......." o n 11> " 01 ....0 1-1-..... """ ::l 0 ....::l..... 11> . 01 " . ::l ::l. 0. 01 . . ..... ~ : 11> . ::l . ....- . ..... ... . 11> . '" .... w '" 0' o o I. . .... I 0> l:-O>", ""'w . . wwo 000 000 parks are important; bas a problem thereby penalizing recent developers. &astside Beverage paid a $9,000 ~e street from Northpark Business lC : > g 01 =>: a- '" ..... a- n n ... H 01 >-l 01 l/] H .... 'tl ~ n l/] 01 <' .... " ....... .. >-l .. .... "" 0 ....11> " 11> 0. D> 3: 0. 'tl H .... ::l" ~ D> ::l" l/] 11> .... ........ 0 ow 'tl Vl .... '" .. ...... "" 00 11> lC 0 '" a .... ..... 'tl <: .. 11> " ,.. 0 0. .... 11> <.. ", <' ....- .... n '< II> .... 0> .... . 0 ::l .... .... ., 0> 0 '" " z a ... 0 ::l " <' .... .... ::l" 11> 'tl In D> - " ... t>l <' l/] .... ::l (I) l/] '" () .. ::l .... 11> " ~ting in favor of-tbe motion; 'Sather .rd Fire Station ,w Council met with LJVFD personnel It personnel are willing to negotiate I tentative meeting date was scheduled ; room for negotiation. for Class A GamblinK License at McGuire's mane Society letter of 7/2/85 and to at McGuire's Inn. t Council approve MN State Humane McGuire's Inn and Restaurant. Motion ~endation - Request for City to trams in NeiKhborinK Cities 'arks and Recreation Committee meeting "he request. Sather explained that , programs are more substantive than ~ted that the programs'for which ymnastics and figure skating. tionale expressed by the Committee in ouncil, Hicks moved, seconded by Peck, and Mrs. Clayton Zimmerman for Motion carried unanimously. (5-0) te at Crepeau Nature Preserve for the $200 donation from the Arden Hills cepeau Nature Preserve. It was reported ~ave been ordered, and it is anticipated and in place by this weekend. iation to the Sportsmen's Club on behalf ,mmittee minutes of June 27, 1985. Auditor or ~~OJ .l'\.l.,;;'-v..u........ Peck reported that the Finance Committee recommends the appointment of Abdo, Abdo and Eick for audit of 1985 accounts. " Minutes of Regular Council Meeting, July 8, 1985 Page six Hansen moved, seconded by Peck, that Council concur with the recom- mendation and authorize Abdo, Abdo and Eick to ,audit the 1985 accounts. Motion carried unanimously. (5-0) (It is Council's expectation and intent to enter into a three-year agreement with Abdo, Abdo and Eick.) False Alarm Ordinance Peck reported that the Finance Committee recommends that Council adopt a false alarm ordinance with a penalty fee of $50/false alarm in excess of three per year, and $150/false alarm in excess of IS/year. Council concurred to authorize Lynden to prepare a false alarm ordinance for Arden Hills, patterned after Golden Valley's ordinance, for Council's consideration. . Ramsey County Board of Commissioner's Request re Community Development Block Grants in Suburban Communities Council was referred to McNiesh's memo (7/2/85). Hansen moved, seconded by Sather, to comply with Ramsey County's request that Arden Hills will sign an agreement stating that if Arden Hills applies for funds, the application will be submitted under the County rather than the State program. Motion carried unanimously. (5-0) (Agreement to be executed in late July or early August). Resolution No. 85-27 Authorizing Participation in Phase III of Rehabili- tation Loan Program - Metro HRA Hicks moved, seconded by Peck, that Council adopt Resolution No. 85-27, AUTHORIZING PARTICIPATION IN PHASE III OF REHABILITATION LOAN PROGRAM - METRO HRA. Motion carried unanimously. (5-0) REPORT OF VILLAGE TREASURER DONALD LAMB Investments 7/8/85 - $175,000 at Twin City Federal @ 7.30% interest, to mature 10/15/85. - $100,000 at Midwest Federal @ 7.40%, to mature 10/15/85. - $100,000 at American National @ 7.35% to mature 10/15/85. - $100,000 at Minnesota Federal @ 7.75% to mature 1/13/86. - $100,000 at Oak Park Heights @ 8.7~%, to mature 7/15/86. Total investments - $575,000. Hicks moved to ratify the Treasurer's investments. Motion was seconded by Sather and carried unanimously. (5-0) Ordinance No. 237, Shore land Management - Introduce by Title Hicks moved, seconded by Hansen, that Council introduce Ordinance No. 237, SHORELAND MANAGEMENT ORDINANCE, by title. Motion carried unanimously. (5-0) McClung Third Addition - Park Dedication Council was referred to park dedication proposal for McClung Third Ad- dition. Hansen explained that a land dedication of 14,058 square feet is proposed, . which includes a pathway from Arden Vista Court (654 square feet) to the north/south pathway on the east side of the plat consisting of 13,404 square feet; balance of 10% dedication is proposed in cash (12,419 square feet @ .25/square foot = $3,104.75), payable in installments at issuance of first six building permits. Hansen moved, seconded by Hicks, that Council accept the McClung Third Addi- tion Park Dedication as proposed, as fulfillment of the park dedication requirement. Motion carried unanimously. (5-0) PCA Letter, of June 24 re Public Access to Lake Josephine Council was referred to letter of June 24, 1985 from MN Pollution Control and to the letters from Arden Hills residents John P. Bradford (7/5/85) and Dave Locey (7/7/85). ~ Minutes of Regular Council Meeting, July 8, 1985 Page seven In discussion of Kalitowski's letter from MN Pollution Control Agency, Woodburn noted some mis-statements relative to the clarity of the lake; noted that he met with Weidenbacher and Petrangelo (RCWD) and was informed that the only funds available were those acted on a few weeks ago; RCWD has no plans for other major improvements to the RCWD system. Woodburn referred to report to RCWD re Long Lake water quality as the result of 1984 injection with calcium nitrite; noted that a long-time study is not available relative to its effectiveness. . Locey described a bad run-off problem at the north end of Lake Josephine at the access creek; reported that the lake is very shallow and not navigable in this area; advised that, if this part of the lake is deleted from the lake acreage, the lake consists of fewer than 100 acres of navigable waters. Locey said the more boats allowed on the lake, the more erosion will occur, decreasing the size of the lake. Locey said there are more weeds this year, but ,the water quality is better; noted there is' a "zoo" on Lexington Avenue now in the beach area; feels a boat access will only damage the lake; said it is not in the interest of Arden Hills to do this. Council concurred that Woodburn write to the Minnesota Pollution Control Agency and relay the concerns of Council relative to Lake Josephine and re- quest that the Ditch 4 and Oasis Pond projects be separated from the Lake Josephine project. Landscape Inspection Reports Roseville Bank Council was referred to Landscape Inspector Oelke's report (7/3/85) and to approved landscape plan for Roseville Bank. Hicks reported that he looked at the site; noted that some trees, as noted in Oelke's report, are planted under the power line; explained they would encroach on the parking lot if moved to the south; suggested this be brought to the attention of the bank. Hicks moved, seconded by Peck, that Council accept the Roseville Bank landscaping and authorize a reduction of Letter of Credit to 100% of cost to cover landscape maintenance for one year. Motion carried unanimously. (5-0) Northpark Corporate Center Council was referred to Landscape Inspectpr Oelke's report (7/3/85) and to approved landscape plan. It was noted that acceptance of the landscaping is recommended after replacement of three dead trees. Hicks moved, seconded by Peck, that Council accept the Northpark Corporate Center landscaping and authorize release of the maintenance bond. Motion carried unanimously. (5-0) OTHER BUSINESS Joint Roseville/Arden Hills Lake Josephine Committee Hicks asked status of the joint committee. McNiesh was asked to call Roseville relative to Roseville's letter of June 13 and meeting schedule. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH . Council Meetin~ Schedule Hansen moved, seconded by Peck, that the Regular Council Meeting of July 29 be cancelled and re-scheduled to July 22. Motion carried unanimously. (5-0) Coin Operated Amusement Devices - Bi~ Ten Supper Club Council was referred to application from Lean Year Company to install ten additional "Skill Stop" devices at the Big Ten Supper Club. Hicks moved, seconded by Hansen, that Council approve Skill Stop amusement devices at Big Ten Supper Club. mously. (5-0) the license for ten Motion carried unani- Minutes of Regular Council Meeting, July 8, 1985 Page eight Claims and Pavroll Hansen moved, seconded by Peck, that Council approve the Claims and Payroll as presented. Motion carried unanimously. (5-0) Ad;ournment Hansen moved, seconded by Hicks, that the meeting adjourn at 10:45 p.m. Motion carried unanimously. (5-0) {lLr~ /Az;r;,~(?1f1~ Charlotte McNiesh Clerk Administrator v ~~~~~._./ ~b~t L. Woodburn Mayor Notice of Meeting The next Council Meeting will be held on Monday, July 22, 1985. 7:30 p.m. at the Village Hall. \ '~ . .