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HomeMy WebLinkAboutCC 06-26-1989 MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING MONDAY, JUNE 26, 1989, 7:30 P.M. - CITY HALL CALL TO ORDER Pursuant to due call and notice thereof, Mayor Sather called the meeting to order at 7:30 p.m. . ROLL CALL The roll being called the following members were present: Mayor Thomas Sather, Councilmemhers Nancy Hansen, Paul Malone, JoAnn Growe and Thomas Mahowald. Also present: Attorney Jerry Filla, Public Works Supervisor Robert Raddatz, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. ADOPT AGENDA Malone moved, seconded by Hansen, that Council adopt the Agenda as submitted by the Clerk Administrator. Motion carried unanimously. (5-0) Special Council Meeting Hansen moved, seconded by Growe, that Council approve the Minutes of the May 30 Regular Council Meeting and June 5 as submitted. Motion carried unanimously. (5-0) APPROVE MINUTES all Resolutions, and therein: Hansen moved, seconded by Mahowald, that Council approve the consent calendar for the 6-26-89 meeting, including authorize execution of any necessary documents contain CONSENT CALENDAR a. Acceptance of Final Landscape Plan for North Heights Lutheran Church (Case 1184-21) . b. Approval of Permit for Class C Fireworks at 1294 Ingerson Road on July 4. c. Adopt Resolution #89-38 Relating to Tax Forfeited Land & Land Classification. d. Approval of List of Claims and Payroll. Motion carried unanimously. (5-0) . PUBLIC COMMENTS Dr. Arlene Boutin, 1600 Lake Johanna Boulevard appeared before Council to discuss her concerns regarding the recent sewage spill at Lake Johanna that affected her property. She advised her main concerns are the public health problem by contamination of three wooded lots which serve as an attraction for neighborhood children and the quantity of sewage that has gone into the lake water. SEWAGE SPILL; LAKE JOHANNA Boutin stated the citizens have not received details of the Ramsey County tests performed at the lake and the test results. She also expressed concern that there sewage may have formed a sediment on the bottom of the lake, Mayor Sather explained that the Clerk Administrator has forwarded a letter to Dr. Boutin outlining the steps the City has taken to protect the residents and environment. Ramsey County tests performed indicate the water is safe, wholesome and pure. He indicated the Council would probably concur to provide some soil testing on the lots. Dr. Boutin provided samples of water taken from her property and a neighbors property for Council review. Councilrnember Hansen concurred with the seriousness of the problem; suggested further water and soil testing of the lake and the bay area. . Clerk Administrator Berger stated the beach was opened by Ramsey County after the tests were performed on the lake water; Ramsey County does not perform soil tests. He explained that Delta Environmental has the capability of performing soil tests for contamination to insure the soil is environmentally safe. Minutes of the Arden Hills Regular Council Meeting, June 26, 1989 Page 2 SEWAGE (Cont'd) Donald Obbarius, 1619 Lake Johanna Blvd., explained the sewage odor will become more apparent and the raw sewage area may spread across the lake when the wind shifts from now located in the bay north to south. . Council inquired if the representative from Delta Environmental could provide a cost estimate for the water and soil testing discussed. Daryl Ohman, Delta Environmental, stated he does not have sufficient information as to the extent of the sewage spill, duration of the leak, and quantities involved to address the impact on the soil and water. He stated Ramsey County has tested some areas in the lake and found the results acceptable. Ohman further advised he has discussed the matter with a specialist at his firm, Mike Martinson, who reported the following: -In residential sewer sludge natural bacteria reacts on the sewage in the line itself; basically sewer treatment plants enhance the natural bacteria to degrade the sewage to acceptable levels for discharging to the Metro Waste Control Commission plant. Since the sewage that was spilled onto the soil is primarily residential sewage the natural bacteria will break it down in due process. -If there is ponding/pooling of the sewage, aeration would enhance degradation. Ohman advised that soil tests were also discussed and Martinson explained the sewage could be viewed as a natural fertilizer with elevated levels of nitrogen. . Dr. Boutin stated the answers provided by Ohman were not acceptable. She noted there is approximately 3/4 acre of raw sewage pooling; a subcontractor who viewed the area advised the soil is possibly contaminated to at least a minimum of 2 feet. It was her opinion the value of property is seriously compromised by such contamination. Boutin explained there was no posting in the area of the sewage spill; suggested the public beach and area where the sewage pooled should have been posted. Mayor Sather stated the City could request Ramsey County post notices in those areas since the property is under Ramsey County jurisdiction. Councilmember Malone questioned the amount of land covered by the sewage spill. Public Works Supervisor Raddatz stated approximately 1/2 to 3/4 acre of land was affected by the spill; the depth varies from one to six inches. Councilmember Mahowald questioned what actions were taken by the city to correct the problem, other than repair of the sewer line. Raddatz explained the city staff trenched the area in order for the sewage to drain into the sanitary sewer and waited for further instructions from Ramsey County Health Department. Clerk Administrator Berger advised that Ramsey County indicated the city staff had done an excellent job in terms of insuring there would be no further sewage flowing into the lake; reported County and the MPCA were comfortable with the measures taken by the city. Berger advised he also discussed soil conditions with the agencies; suggested if residents are concerned about the soils Council consider soil testing. . Berger recommended residents contact the city offices with concerns and he would provide the information. Minutes of the Arden Hills Regular Council Meeting, June 26, 1989 Page 3 SEWAGE (Cont'd) Councilmember Malone questioned if Delta Environmental is capable of providing suggestions for corrective actions as well as performing the soil and water tests. . Ohman advised the company is capable of providing the information after completion of the investigation. Malone moved, seconded by Hansen, that Council authorize hiring of Delta Environmental to immediately begin the field work on the sewage spill site which includes the lake water and soil bottom of the bay area discussed to determine the extentrcontamination and to recommend a course of corrective action and, further authorize an expenditure not to exceed $5,000.00 to be charged to the sewer fund #602. Motion carried unanimously. (5-0) A resident recommended dredging the bay area to determine the extent of contamination in the bottom soil. Boutin questioned if the city would take measures to eliminate the remaining sewage which has ponded. Council discussed methods of eliminating the sewage with Daryl Ohman; questioned how soon Delta would begin assessment of the area. Ohman advised he could begin within one week. Council requested Delta representatives begin the project immediately. Councilmember Mahowald asked if the city had the equipment necessary to either flush or vacuum the sewage. . Public Works Supervisor Raddatz stated the city is equipped to flush the sewage or equipment could be rented to vacuum the sewage for transport to the sanitary sewer system. Council directed Delta to begin the site assessment and recommend action for elimination of the remaining sewage; they concurred the soil borings could be taken after elimination of the sewage. A resident questioned if the city would remove the weeds on the shoreline which are currently holding the sewage. Mayor Sather directed the Clerk Administrator to contact Ramsey County relative to removal of the weeds as Lake Johanna is under Ramsey County jurisdiction. Councilmember Hansen requested a copy of the results of the Ramsey County tests and information relative to the environmental assessment be forwarded to Dr. Boutin. TlF DISTRICT TRAILER PARK Walter Rudd, resident of Arden Manor trailer park, questioned the designation of the trailer park as a Tax Increment Financing District. Mayor Sather explained the city has designated that area for potential future development/redevelopment; there are no immediate plans for development in that area. He outlined other areas of the city that were also given this designation. . TRAFFIC CONTROL; LK. JOHANNA BLVD. Donald Obarrius, 1619 Lake Johanna Blvd., requested the city take action to enforce the speed limit on Lake Johanna Boulevard. Council directed the Clerk Administrator to contact Ramsey County Sheriffs Department to take measures to enforce the speed limit on Lake Johanna Blvd. '---.. Minutes of the Arden Hills Regular Council Meeting, June 26, 1989 Page 4 CASE #89-06 VAR, 3220 NO. HAMLINE, THOMAS LYNCH Council was referred to Planner Bergly's report of 6-7-89 and the Planning Commission minutes of 6-7-89, relative to the request for two variances at 3220 North Hamline Avenue, Thomas Lynch. . Planner Bergly stated the applicant is requesting a variance from lakeshore and sideyard setback requirements. He noted the 75 ft. lakeshore setback requirement is mandated by the State of Minnesota Department of Natural Resources. Bergly explained the two previous variances granted for the property; lot area variance granted in conjunction with a lot split and a sideyard variance to accommodate a patio. The Planner stated the Planning Commission determined there was no justifiable hardship related to the two requested variances and recommended denial of both requests. Thomas Lynch, 3220 North Hamline, explained the variance for the patio was due to the fact the city had no definition for patios at the time it was installed. He noted the house was constructed 80 ft. from the lake; no other homes in his area meet the 75 ft. required setback. Lynch also advised his adjacent neighbors have not expressed any concerns relative to either variance. Councilmember Malone noted the unusual lot dimensions and that the homes are close together; expressed concern that future neighbors may object to the close proximity of the homes. He did not favor granting a variance without any identifiable hardship. . Malone moved, seconded by Growe, that Council deny Case #89-06, application for an 8 ft. sideyard setback variance and a 5 ft. lakeshore setback variance" 3220 North Hamline Avenue, Thomas Lynch, based on lack of identifiable hardship. Motion carried unanimously. (5-0) CASE #89-07; SUP ANTENNA, 8 PINE TREE DR., FARMERS INSURANCE GROUP Council was referred to the planner's report and Planning Commission minutes dated 6-7-89, relative to the special use permit request by Farmers Insurance Group, 8 Pine Tree Drive, for a satellite dish antenna. Planner Bergly stated Council had granted a temporary SUP for this antenna installation; a public hearing was held at the Planning Commission meeting and this item is returned to Council for formal action. Planning Commission recommended approval of the requested variance based on the fact it is not visible from nearby residences or businesses and it is less obtrusive than rooftop mechanical equipment. Hansen moved, seconded by Growe, that Council approval Case #89-07, Special Use Permit for a Satellite Dish, 8 Pine Tree Drive, Farmers Insurance Group. Motion carried unanimously. (5-0) Councilmember Malone questioned if screening is required for rooftop mechanical equipment; if so, should the city require dish antennae be screened. . Planner Bergly advised the staff has reviewed the matter; there is no provision for screening of antennae currently in the ordinance. He has worked with the individual applicants on placement of antennae; in this case the dish was installed behind the mechanical equipment on the roof for screening purposes. Malone suggested the Planner and staff review and recommend a screening provision relating to satellite antenna into the ordinance. Minutes of the Arden Hills Regular Council Meeting, June 26, 1989 Page 5 CASE #89-07 (Cont'd) Clerk Administrator Berger advised staff has been reviewing this matter and will prepare a definition for inclusion of satellite antennae in the zoning ordinance. . Mahowald suggested the screening provision be incorporated in the staff review. There was discussion relative to enforcing retroactive screening of the previously approved rooftop antennae; Attorney Filla advised Council could not legally require screening of previously approved antennae; only encourage property owners to provide screening. CASE #89-08; VAR. ATM, ROSEVILLE BANK 4016 LEXINGTON AVE. Council was referred to the planner's report and Planning Commission minutes dated 6-7-89, relative to the request for a variance to locate an accessory structure in the front yard, Rosevi1le Bank, 4016 Lexington Avenue. Planner Bergly advised the bank had previously requested an automatic teller machine in the front yard which also required a front yard setback variance; the variance was approved by Council, however, the applicant did not install the ATM. He explained the current request meets setback requirements. Berg1y noted Planning Commission reviewed the site for other possible locations of the ATM. After discussion of other locations, Commission recommended approval of the ATM in the location requested. The Planner explained the structure will be brick (previously approved structure was metal) and will have some landscaping to enhance the appearance of the structure. Bergly recommended the applicant work with staff relative to lighting of the signage and landscaping. . Councilmember Growe spoke in favor of the requested variance. She reviewed the Planning Commission discussion relative to customer safety with the ATM located in the front rather than rear of the bank building. Dean Hanson, representing the Roseville Bank, stated the bank reviewed locating the structure in the rear of the site; the reasons for requesting the front yard location were due to customer safety and future expansion of the bank. Councilmember Malone stated he had difficulty identifying a hardship in relation to this request; it appears there are alternatives available for location of the ATM. Councilmember Hansen agreed. Planner Bergly noted the previously granted variance included a front yard setback request; this application is an improvement over the previous application and that fact was taken into consideration when preparing the recommendation. He explained the ordinances were initially setup to restrict structures such as garages in residential areas being placed ahead of the dwelling. Mahowald moved, seconded by Growe, that Council approve Case #89-08, Variance to allow an accessory structure in the front yard of a principal building (Automatic Teller Machine), 4016 Lexington Avenue North, Roseville Bank, based on the rationale outlined in the Planning Commission minutes of 6-7-89. Motion carried. (Mahowald, Growe, Sather voting in favor; Malone and Hansen opposed) (3-2) . PUBLIC HEARING RES. #89-41; EST. DEVELOPMENT DISTRICT/TIF Mayor Sather opened the Public Hearing at 8:31 p.m. and Clerk Administrator Berger verified that the Notice of Hearing was published in the New Brighton Bulletin on May 31 and June 7, 1989 and mailed to appropriate jurisdictions or persons on May 31, 1989. Minutes of the Arden Hills Regular Council Meeting, June 26, 1989 Page 6 RES. #89-41 (Cont'd) Financial Consultant James Casserly briefly explained the resolution establishes the development district and creates the tax increment financing districts. He stated the city is creating a planning area and sets goals for development of the area. . Councilmember Mahowald advised residents in attendance the only area currently planned for development is the Round Lake area; the other areas outlined are for potential future development and have no current development plans. Casserly stated that by Council adoption of the resolution, the city would have the option to create TIF districts in the areas outlined as deemed necessary. Mayor Sather questioned if anyone from the audience wished to be heard or if any written objections had been received at the city hall. There was no response. Sather closed the Public Hearing at 8:45 p.m. Malone moved, seconded by Hansen, that Council adopt Resolution No. 89-41, Establishing Development District No. 1 and Approving and Adopting the Development Program Relating Thereto and Creating Tax Increment Financing Districts No. 1 and No. 2 and Approving and Adopting Tax Increment Financing Plans Relating Thereto. Motion carried unanimously. (5-0) RES. #89-39; TRAMMEL CROW NEGOTIATIONS ROUND LAKE AREA Council was referred to a memorandum from the Clerk Administrator dated 6-23-89, relative to the city negotiating with Trammel Crow Corporation for the development rights in the Round Lake Area (I-694/I-35W). . Financial Consultant Casserly explained Attorney Filla had suggested additional language be included in the resolution under Section 2 which clarifies there is no commitment on the part of the city while negotiating. The language change is as follows: "2.01. The C,ity Administrator is hereby authorized to negotiate with the Redeveloper for the development rights to the Redevelopment Site. The City Administrator shall negotiate exclusively with the Redevelopment until September 11, 1989, provided however that nothing in this resolution shall obligate the City to execute an agreement with the Redeveloper." Attorney Filla advised that any concerns he has are resolved by including the above clause in section 2. Hansen moved, seconded by Malone, that Council approve Resolution #89-38, Authorizing the City Administrator to Negotiate with Trammel Crow Company for the Development Rights in Northeast I-694/I-35W. Motion carried unanimously. (5-0) LANDSCAPE INSP. APPT. NEW INSP. Council was referred to a memorandum from Deputy Clerk Iago and Clerk Administrator Berger dated 6-23-89, recommending the firm of Wehrman Bergly Associates as landscape inspectors for the City. There was discussion relative to the fee increase and what service is included in the fee and the completion of the inspections in a timely manner. . Deputy Clerk Iago advised she had discussed the recommendation with the current inspector and informed him it was mainly due to streamlining the inspection process. . . . Minutes of the Arden Hills Regular Council Meeting, June 26, 1989 Page 7 INSP. (Cont'd) Malone moved, seconded by Growe, that Council appoint the firm of Wehrman Bergly Associates as Landscape Inspectors, effective July 1, 1989, and that staff be directed to forward a letter of appreciation to the present inspector for his years of service to Arden Hills. Motion carried unanimously. (5-0) RES. #89-40; APPT. ENGINEERING CONSULT. the City of Arden Hansen moved, seconded by Malone, that Council approve Resolution #89-40, Appointing Maier Stewart and Associates, Inc., As the Consulting Engineering Firm for Hills. Motion carried unanimously. (5-0) AMEND KEM MILLING AGREEMENT Council was referred to a memorandum from the Clerk Administrator dated 6-23-89, regarding an amendment to the Kem Milling Purchase Agreement. Berger reviewed the attachments to the memorandum and recommended Council authorize the first amendment to the purchase agreement and consider extending the deadline for termination of the agreement to allow time to complete Phase II of the environmental audit. Attorney Filla questioned if Delta Environmental has completed Phase II of the Kem Milling site audit; if not, he asked for a time estimate for completion. Daryl Ohman advised the audit is not complete; explained the audit will be completed by July 7. Filla advised Darling Company will agree to extend the option date to July 12 and the closing date to August 2; Darling Company will have their attorney prepare an amendmen t . Malone moved, seconded by Mahowald, that Council: 1. Authorize the Mayor and Clerk Administrator to execute an amendment to the purchase agreement between the City and Darling and Company, drafted 6-6-89; Accept the reports of Delta Industrial Hygiene Consultants, Inc., dated 6-21-89 and 6-22-89; Direct the Clerk Administrator to notify Darling and Company that based upon the report of Delta Industrial Hygiene Consultants Inc., the City is exercising its discretion to terminate the agreement between the City and Darling and Company, unless, prior to 5:00 p.m., July 6, 1989, the City is in receipt of a further amendment to the purchase agreement, property executed by and official of Darling and Company, which extends the option to terminate date, as contained in paragraph #4 of the purchase agreement from 7-7-89 to 8-2-89; and the closing date, as contained in paragraph #3 of the purchase agreement from 7-21-89 to 8-16-89; In the event that the City receives the amendment referenced in Section 3 of this motion prior to 5:00 p.m. on 7-6-89, the Mayor and Clerk Administrator are hereby authorized to execute such second amendment to the purchase agreement. 2. 3. 4. Motion carried unanimously. (5-0) REQ. ATTENDANCE Council was referred to a request from Deputy Clerk MCFOA ADVANCED INST. Iago, dated 6-9-89, to attend the MCFOA Advanced Institute on July 11 and 12, 1989. Hansen moved, seconded by Growe, that Council approve the expenditure of $100.00 for Deputy Clerk Iago's attendance at the Minnesota Clerks and Finance Officers Advanced Institute, July 11 & 12, 1989. Motion carried unanimously. (5-0) , . Minutes of the Arden Hills Regular Council Meeting, June 26, 1989 Page 8 CITY HALL REPAIRS Council was referred to a memorandum from Public Works Supervisor Raddatz dated 6-24-89, relative to quotes for stucco repair at the City Hall. . Raddatz advised that while reviewing the extent of stucco repair it .was determined the concrete block behind the stucco is deteriorating; the block deterioration is due to lack of insulation in the walls. He recommended as the stucco separates from the block, the area be painted white to match the stucco and that Council consider either expend $33,800 to repair the building or construct a new city hall facility. There was Council discussion relative to expending funds to repair City Hall or constructing a new facility. After discussion, Council concurred to direct staff to repair the areas of the city hall where the stucco has detached itself from the concrete block by painting of those areas and to prepare suggestions for a new city hall complex for discussion at the July 17 Council Worksession. Council discussed the possibility of appointing members of the various city committees, interested residents and staff to study the feasibility of a new city hall facility. Council concurred to discuss the composition of the committee to study the matter at their July 17 Worksession and directed staff to contact other communities which have recently constructed a new city hall to obtain pertinent data. GREY FOX ROAD; REALIGNMENT AT LEXINGTON AVE. Council was referred to a letter from the City of Shoreview dated 6-16-89, requesting authorization to begin the realignment of the intersection of Grey Fox Road at Lexington Avenue. . Clerk Administrator Berger advised there would be no cost to the City of Arden Hills for the project. Council discussed proposed signalization of the intersection and responsibility for representation for Arden Hills to insure proper construction on the project. Malone moved, seconded by Hansen, to table action on this matter and forward a copy of the proposed realignment to MSA Engineers for their review and recommendation at the next Regular Council Meeting held July 10, 1989. Motion carried unanimously. (5-0) COUNCIL COMMENTS RECYCLING FEES Councilmember Hansen questioned the cost differential between SuperCycle and E-Z Recycling. The Clerk Administrator advised the current fee is the correct amount for recycling; SuperCycle was inadvertently paid incorrectly. RESIGNATION; HEALTH INSP. Councilmember Hansen noted the resignation of Dr. Dunn as Health Inspector for the City; expressed concern that Dr. Dunn was not contacted relative to the recent sewage spill at Lake Johanna. She expressed the discontent of the residents in the area relative to the lack of communication regarding this matter. . Hansen also referred to a letter from the Townhouse Village Association regarding poor communication between the residents and the City Hall staff. . . Minutes of the Arden Hills Regular Council Meeting, June 26, 1989 Page 9 RCLLG PICNIC Councilmember Hansen advised she is unable to attend the picnic and invited other Councilmemhers to attend. PS/W COMMITTEE Councilmember Hansen advised she is unable to attend the Public Safety/Works Committee meeting in July. . FIRE PENSION MTG. Councilmember Hansen reported on the LJVFD Pension Board Meeting. She noted the Board had voted on a pension increase of 22.5%. REGIONAL TRANS. BD. Councilmember Malone suggested the City support the appointment of Duane McCarty to the Regional Transit Board; questioned if Council should submit letters on an individual basis or one letter from the entire Council. Mayor Sather suggested individual letters of support. RECREATION DEVLPMT. ARSENAL PROPERTY Councilmember Mahowald questioned the status of the recreational development on the arsenal property. Mayor Sather reported that correspondence has been received from the Army which indicates the proposal has passed the first "red-tape"; explained the Mayors of the northern suburbs are writing to inform State Senators and Congressmen advising of the Star of North Games proposal in an attempt to speed the process. Mahowald advised he has contacted a representative from Congressman Bruce Vento's office who has offered support relative to this matter. . APPT. HEALTH INSP. ACCEPT RESIGNATION DR. DUNN Councilmember Hansen questioned if a new Health Inspector should be appointed and a letter of appreciation be sent to Dr. Dunn for his years of service. Mayor Sather recommended the City utilize the services of Ramsey County for health inspections at this time. Council concurred. Malone moved, seconded by Hansen, that Council accept the resignation of Health Inspector Dr. Dunn and forward a letter of appreciation for his years of service. Motion carried unanimously. (5-0) BUDGET SCHEDULE Clerk Administrator Berger advised he will be attending a legislative "wrap-up" meeting on 6-28-89 relative to the effects of the Governors veto of the Tax Bill. He suggested working toward meeting the deadline, in the event the law is upheld, and proposed tentative dates for budget worksessions. Council suggested Berger attend the legislative meeting prior to setting dates for the budget worksessions and report to Council at the next Regular Council Meeting held July 10. ADJOURN Hansen moved, seconded by G owe, that the meeting be adjourned at 10:00 p.m. Mo ion carr'e una imously. (5-0) . Ga~ B'!;ge~ Clerk Administrator NOTICE OF MEETING The next Regular Council Meeting will be held on Monday, July 10, 1989, at 7:30 p.m., at the City Hall.