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HomeMy WebLinkAboutCC 11-13-1989 MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING MO,NDAY, NOVEMBER 13, 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, Councilmembers Paul Malone and Thomas Mahowald. Councilmember Nancy Hansen arrived at 8:00 p.m. Absent: Councilmember JoAnn Growe. Also present: City Attorney Jerry Filla, City Engineer Terry Maurer, Planner John Bergly, Park Director John Buckley, Public Works Supervisor Dan Winkel, Building Inspector Dave Kriesel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. CLOSED SESSION; Mayor Sather announced there will be a closed session at LABOR NEGOTIATIONS the end of the Agenda this evening for the purpose of labor negotiations. He noted the Council, Clerk Administrator and Public Works Supervisor will be in attendance and the session will be taped for public review at a later date; the records are kept for a period of two years. Malone moved, seconded by Mahowald, that Council hold a Closed Session to discuss labor negotiations following the regular Agenda this evening. Motion carried unanimously. (3-0) ADOPT AGENDA Malone moved, seconded by Mahowald, to adopt the Agenda as submitted. Motion carried unanimously. (3-0) APPROVE MINUTES Councilmember Mahowald requested the minutes be amended on page 2, under IIPark Dedication", paragraph 2, to reflect that the Park Committee preferred cash rather than land for the park . dedication for Continental Development apartment complex. Malone moved, seconded by Mahowald, to approve the October 30, 1989 Council Minutes as amended. Motion carried unanimously. (3-0) CONSENT CALENDAR Councilmember Malone referred to paragraph F, relating to notice prior to use of the interconnection, of Water Connect Agreement between Arden Hills and Shoreview. He asked Attorney Filla if the time frame and wording for notice of use is sufficient. Filla stated the wording is sufficient when working with two cities; if this were a private contractual setting he would not be as comfortable with the wording. Malone moved, seconded by Mahowald to approve the Consent Calendar for the November 13 meeting and authorize execution of all necessary document contained therein: a. Approval of Water Connection Agreement, Lexington Avenue/Grey Fox Road. b. Approval of List of Claims and Payroll. Motion carried unanimously. (3-0) PUBLIC COMMENTS None. REQ. SIGN PERMIT; Council was referred to a memorandum from the Clerk GOODYEAR SERVICE Administrator dated 11-8-89 relative to a request for a . sign permit from Goodyear Service, 3651 No. Lexington. Building Inspector Kriesel stated the City Sign Ordinance requires Planning Commission review and Council approval of this matter. Minutes of the Arden Hills Regular Council Meeting, 11-13-89 Page 2 SIGN PERMIT (Cont'd) Councilmember Malone questioned if any variances are being requested. Kriesel stated none are requested. He explained that after review of the case . file on this matter it was noted several times in the action that no variances would be considered. Representatives of Goodyear were present and distributed a signage plan for Council review. Deputy Clerk/Zoning Administrator Iago advised Council the site of the Goodyear Service Center houses two buildings with different uses. She was of the opinion the signage plan was approved for both uses, however, after review of the file it was determined that Planning Commission and Council review of the signage for this building are required. Malone moved, seconded by Mahowald, that Council refer the signage plan submitted this evening for Goodyear Service, 3651 North Lexington Avenue, to the Planning Commission for review and recommendation. Motion carried unanimously. (3-0) CASE 1189-19; Planner Bergly referred Council to his report of 11-1-89 AMENDED SUP, and the Planning Commission minutes dated 11-1-89, SATELLITE DISH relative to the request for an amended Special Use Permit ANTENNAE, MCGUIRE'S to allow relocation and operation of two 3.7-meter dish 1201 W. CO. RD. E. antennae at McGuire's Inn. Bergly stated the applicant proposes to relocate the two satellite dish antennae which were approved for location in the parking lot area to the rear of the site, . between the railroad tracks and the parking lot. He explained the new location allows room for location of the dish antennae and further screening4 The Planner and the Planning Commission recommended approval of the amended SUP with three conditions attached, based on the fact the new location provides the opportunity for more effective screening. Councilmember Mahowald questioned if the antennae installation at the rear of the site would interfere with the railroad right-of-way. Bergly advised the antennae would be located within 28-feet of the right-of-way and would not interfere with the tracks. He explained the tracks are elevated and provide a buffer to the north and the buildings north of the site have no openings on their south facing walls. Malone moved, seconded by Mahowald, that Council approve Case 1189-19, Amendment to Special Use Permit for Two Dish Antennae in a B-2 District to allow relocation and operation of 3.7-meter receiving dish antennae, subject to: 1. The applicant agreement to have up to three (3) additional evergreen trees installed to provide more effective screening, if the proposed four (4) ten-foot evergreens are found to be inadequate. 2. The landscaping be installed concurrently or within 30 days of the relocation installation of the dishes. . 3, The dish antennae be installed as close to the ground as possible to lessen their visual impact. Motion carried unanimously. (3-0) Councilmember Hansen arrived at 8:00 p.m. Minutes of the Arden Hills Regular Council Meeting, 11-13-89 Page 3 CASE i/88-30; PUD Council was referred to Planner Bergly's report dated GEN. DEVLPMNT PLAN, 11-13-89, relative to the Planned Unir Development for & FINAL PLAT, the proposed apartment complex at Highway 10 and 1-694 CONTINENTAL DEVLPMT. by Continental Development, Charles Cook. . Planner Bergly explained the Planning Commission completed its review of General Development Plan issues at their meeting held November 1. He outlined the Components of the General Development Plan, Final Plat and Issues for inclusion in the Development Agreement. The Planner also referred Council to two resolutions, prepared by staff, which outline issues that have not been sufficiently addressed by the applicant and conditions which should be attached to Council approval. He stated that staff is requesting some direction relative to the following items: l. Park Dedication needs to be resolved, either by a total land dedication or a combination cash/land dedication in the amount of 10 percent. 2. Easements must be provided over the storm water ponding area and fire access lane. The City Attorney must review and approve cross-easements between the various lots for access, drainage, use of open space, maintenance and utilities; such document to be filed with the final plat 3. The technical aspects of the plat must be approved by the City Attorney and Engineer after preparation of the final documents. 4. The development agreement must be drafted, approved and executed prior to filing of the Final Plat. Planner Bergly submitted a drawing indicating some additional park land the applicant proposes to dedicate to meet the 10% requirement. . There was discussion relative to the park dedication for this development. Councilmember Mahowald advised the Park Committee preferred cash in lieu of land dedication, staff suggested a total land dedication. After discussion, Council concurred a combination of land and cash dedication to meet the 10 percent requirement was preferable. It was determined the triangular parcel shown on the northeast section of the plat along with a cash contribution would be preferable. Chuck Cook agreed to a cash/land dedication. Chuck Cook, the applicant, stated he is under obligation to purchase the property prior to the end of the year; it is his intention to develop the four parcels at the same time and have all parcels remain under one ownership. He indicated he would prefer the conditions were not attached to final plat approval. Council discussed the items for inclusion in the Development Agreement. Attorney Filla questioned if the trailway easement will be required and how it will be maintained. He also reviewed procedures for filing the final plat and indicated it would be preferable for all documents to be submitted prior to execution and filing of the final plat. Mayor Sather noted that the Planning Commission preferred the trailway for public access, however, they did not make it part of a formal recommendation to the Council only asked for Council consideration. Sather stated his opinion is that . it is difficult to assume the general public would use the pathway when in fact the amenities are to the north; noted there may be traffic concerns. Attorney Filla questioned the fire access and if the Fire Chief has approved the proposed access. Filla advised the fire access should be conditioned in the development agreement to insure proper construction and responsibility for maintenance should be specified. Minutes of the Arden Hills Regular Council Meeting, 11-13-89 Page 4 CASE 1188-30 (Cont'd) Fire Chief Winkel advised he has discussed the roadway with the applicant; a gravel base with 10 ft. of bituminous overlay would be sufficient. . There was discussion relative to estimated costs for improvements in the development. Council requested the applicant contact the appropriate staff members and resolve the issues discussed prior to submission of this proposal. Mayor Sather recommended tabling the matter until the regular Council Meeting held November 27. Malone moved, seconded by Hansen, that Council table action on Case #88-30, until such time as the applicant has resolved the items discussed and outlined in the Planner's Report dated 11-13-89, has submitted documents necessary for staff review and is prepared to return for Council action. Motion carried unanimously. (4-0) CASE #89-18; SITE Council was referred to the Planner's report and PLAN REVIEW, MOUNDS Planning Commission meeting minutes dated 11-1-89, VIEW HIGH SCHOOL relative to the proposed addition at Mounds View School. Planner Bergly advised the Special Use Permit for the Mounds View site Master Plan was approved in February 1984; a stipulation was attached that contemplated site improvements that were consistent with the Master Plan would require only site plan review, rather than amending the SUP. Bergly stated the proposed additions are consistent with the 1984 approved Master Plan, only minor grading will be necessary to accommodate the proposed additions. . He advised that any trees or shrubs which are disturbed or damaged during construction will be replaced in a nearby location. Malone moved, seconded by Mahowald, that Council approve Case 1189-18, Site Plan Review for Locker Room Addition and Connecting Link at Mounds View Senior High School, based on the following: 1. The proposed additions are consistent with the 1984 approved Master Plan and Special Use Permit for this site. 2. Only minor grading is necessary to accommodate the proposed addition and the applicant agrees to replace any trees or shrubs disturbed or damaged during construction in a nearby location. 3, The project is being proposed to serve the existing student population and not in response to anticipated growth. 4. Interior remodeling of the locker rooms is part of the construction project and will not affect the building exterior or site. Motion carried unanimously. (4-0) SITE PLAN REVIEW; Council was referred to the Planner's report dated US ARMY FACILITY 11-13-89, relative to a review of the proposed training ARSENAL PROPERTY facility at the Arsenal, Highway 96 and Lexington Avenue. Planner Bergly outlined his concerns relative to proposed parking setbacks, signs and landscaping. He recommended the following: . 1. Relocation of the parking to maintain a 20-foot setback and use berming and plant materials to limit the impact of these large parking lots. 2. Relocate signs to comply with Ordinance setback requirements. 3. Replace all 4 to 5-foot evergreens along Highway 96 with 6-foot trees (could be interchanged with some of the rear of the property). Relocate these trees in the 20-foot parking setback area using a double, staggered row to increase the screening of the large parking lot. Minutes of the Arden Hills Regular Council Meeting, 11-13-89 Page 5 ARSENAL (Cont'd) Bergly recommended the report be forwarded to the appropriate Army officials. Malone moved, seconded by Hansen, that Council direct . staff to forward the Planner's recommendations concerning parking setbacks, sign locations and landscaping to Mr. Charles Ahl, Shoreview Public Works Director, and request he send the information to the appropriate Army officials for their consideration, and further that a copy of the letter be forwarded to the State of Minnesota Department of Transportation, Ramsey County Public Works Department and appropriate State and Federal officials requesting their support of the recommendations. Motion carried unanimously. (4-0) Malone questioned if the City of Shoreview has responded to the proposed plans. Attorney Filla advised the City of Shoreview has indicated it would support any recommendations or suggestions the City of Arden Hills submits. He explained Shoreview has similar concerns relative to the visual impact of the site as it relates to Lexington Avenue. STATUS REPORT; Council was referred to a memorandum from the Clerk GATEWAY BUS. DIST. & Administrator dated 11-8-89, relative to the status of SCHEDULE WORKSESSION the proposed Gateway Business District. Berger explained the three items which must be accomplished in order to complete the implementation of this District. He recommended this matter be referred to a Council worksession for further updating from staff. Malone moved, seconded by Hansen, that Council schedule a worksession meeting to be held Monday, November 20, 1989, at 4:30 p.m., at the . City Hall, to discuss the proposed Gateway Business District, Charitable Gambling Ordinance and any other business which is brought to the attention of Council. Motion carried unanimously. (4-0) Malone suggested the Planner, Attorney and Engineer attend this meeting. DELTA REPORT; Council was referred to a memorandum from the Clerk KEM MILLING Administrator dated 11-9-89, regarding the report SITE RESTORATION prepared by Delta Environmental on removal of the underground storage tanks and asbestos abatement at the Kem Milling site. Delta representatives Tim Huber and John Hall were present to discuss the report dated 11-9-89 and answer any Council questions. Huber outlined asbestos abatement issues and Hall reported on the underground storage tank removal. Malone asked if Huber has identified any serious problems with regard to the asbestos removal. Huber stated there does not appear to be any substantial problems, based on initial site review, however there is a need for additional review of the site. Attorney Filla recommended authorization to proceed with any site restoration be . held until such time as the mortgages for the site are released; noted the City is the record owner of the property. Councilmember Malone questioned if reimbursement funds are available for removal of the underground storage tanks. Minutes of the Arden Hills Regular Council Meeting, 11-13-89 Page 6 DELTA (Cont'd) John Hall advised there is MPCA funding available in the amount of $250,000.00. Hall stated a report is prepared outlining the scope of the work and compliance with requirements for removal of the tanks; the report is submitted to a review board for approval and the monies . are then awarded for reimbursement. Malone moved, seconded by Mahowald, that Council authorize the Clerk Administrator to enter into an agreement with Delta Environmental Consultants to proceed with the consulting and project management services on all but the general site demolition for the Kem Milling site, as outlined in the letter from Delta dated 11-9-89, at a cost not to exceed $21,000.00 and subject to Arden Hills receipt of all mortgages for the property. Motion carried unanimously. (4-0) Councilmember Hansen commented that the consulting service costs are expensive. SHARE LEGAL SERVICES Council was referred to a memorandum from the Clerk FEE; RENDERING PLANT Administrator dated 11-6-89, relative to a statement NEW BRIGHTON/ARDEN from the City of New Brighton for Arden Hills share of HILLS fees for legal services for the rendering plant. Berger explained he was unaware of the legal service costs, which have accumulated since January 1989, until the statement was received 11/1/89. He advised an informal conversation had occurred in late 1988 with the former New Brighton City Manager regarding costs for litigation outside the Joint Odor Control Agreement at which time a 50% cost sharing was discussed. Berger advised no billings were received until this month; had we been billed earlier, Council could have evaluated the City's continuing participation in the costs. . The Clerk Administrator advised the Council budgeted $4,430 for odor control in 1989 and $7,420 has been expended to date. He stated no monies were budgeted for legal services in 1989 and the proposed 1990 budget has no funding for this purpose, In discussion, Council concurred it is important to show continued support between the two cities relative to the rendering plants and a commitment was made to share costs. It was noted the Clerk Administrator has requested a monthly billing and he has indicated that prior to any legal services which will have a significant impact on Arden Hills, New Brighton contact the Clerk Administrator. Council suggested this matter be reviewed in the future to determine Arden Hills continued participation. Malone moved, seconded by Sather, that Council authorize the payment of $3,995.00 to the City of New Brighton for Arden Hills portion of legal fees relative to odor control at the rendering plants. Motion carried unanimously. (4-0) RAMLINE AVENUE; Council was referred to the report on smoke testing on SMOKE TEST Hamline Avenue, as prepared by Engineer Maurer, and a memorandum from Clerk Administrator Berger dated 11-8-89. Engineer Maurer summarized his report and recommended each property owner experiencing problems be sent a letter which indicates the problem identified relative to their individual property and outlines corrective action they can . take to resolve the problem, prior to further City action. Council questioned if the homeowner would assume responsibility for costs incurred to resolve their problem. Engineer Maurer and Attorney Filla suggested the homeowner assume the costs for eliminating problems by corrective action. -.------ Minutes of the Arden Hills Regular Council Meeting, 11-13-89 Page 7 , SMOKE TEST (Cont'd) Malone moved, seconded by Hansen, to direct the Engineer to draft letters to homeowners along Hamline Avenue experiencing problems which include results of the smoke test, problems identified, and methods of corrective action. Motion carried unanimously. (4-0) . Councilmember Hansen questioned if staff had reviewed the Bethel College system. Engineer Maurer stated no formal review of the Bethel station was done, however, staff did a visual check of the rear portions of the properties and could not find any problems detected by the smoke test. APPOINT CITY Council was referred to a memorandum from Administrative HALL STUDY COMM. Secretary DeLaRosa dated 11-3-89, regarding volunteers and appointment of a City Hall Study Committee. After discussion, Council concurred to direct staff to set a tentative date for the committee to meet, identify agenda schedule and framework for the first meeting and submit the list of volunteers for appointment at the first regular Council meeting held in January 1990. Staff was further directed to contact the individuals listed and advise Council preferred the committee be appointed in 1990. Councilmembers Mahowald and Hansen indicated they may have additional volunteers for the committee~ APPOINTMENT; Council was referred to a memorandum from the Clerk FINANCE COMMITTEE Administrator dated 11-8-89, regarding the individuals expressing an interest in appointment to the Finance Committee. . Mayor Sather recommended appointment of Jeffrey Sjobeck, 1175 Benton Way and William Wrigley, 1751 Glenview Avenue, to the City Finance Committee, effective November 13, 1989. Malone moved, seconded by Hansen, that Council ratify the Mayor's appointment of Sjobeck and Wrigley to the City Finance Committee and direct staff to forward a letter to the individuals notifying them of the appointment, and including necessary materials for the November meeting. Motion carried unanimously. (4-0) 1989 FEE STUDY; Council was referred to a memorandum from the Clerk FINANCE COMMITTEE Administrator dated 11-8-89 and a report to the Finance Committee from Carl Rundquist dated 10-26-89, relative to the 1989 Fee Study and recommendation for increased fees. Councilmember Malone outlined the study and recommendation for a 10 percent increase in the on-sale liquor license fees; based on no increase since 1986 and a survey of other communities liquor license fees. He indicated the Finance Committee did not recommend increasing any other city fees, as most of the other fees were increased in 1988 and appear to be consistent with fees in other communities surveyed. Deputy Clerk Iago advised the on-sale liquor license renewals for 1990 have been sent to the license holders with a statement of fees. She noted the on-sale fees . are billed quarterly, with the first quarter payment due prior to issuance of the 1990 license. After discussion, Council concurred to enact the 10 percent increase in the on-sale liquor fees effective April 1, 1990 and prorate three-fourths of the annual increase for the remainder of the year. ----- Minutes of the Arden Hills Regular Council Meeting, 11-13-89 Page 8 FEES (Cont'd) Malone moved, seconded by Mahowald, that Council enact a 10 percent increase in the on-sale liquor license fees, effective April 1, 1990, such fee to be prorated for three-fourths of the annual . increase for the year. Motion carried unanimously. (4-0) RES. 1189-49 ; Council was referred to a memorandum from the Clerk PRELIMINARY Administrator dated 11-9-89, relative to certifying TAX LEVY a preliminary tax levy amount. Berger outlined the revenue adjustment due to the loss of Local Government Aid and increase in the City's levy limit. He further indicated the new law allows cities to hold their public hearings after the county and school district hearings; Arden Hills has not received notification of the school district hearings to date. Berger stated the staff will not assemble the final budget document until the public hearing is accomplished. Hansen moved, seconded by Mahowald, that Council adopt Resolution No. 89-49, Resolution Clarifying Sums of Money to be Levied for Levy Year 1989, Payable in 1990. Motion carried unanimously. (4-0) COUNCIL COMMENTS MISC; TRAILER PARK Councilmember Hansen explained she received telephone WATER PROBLEM calls relative to water problems at the Arden Manor Trailer Park. She noted the trailer park operates on a private well system; questioned if the City has any options for requiring the property owner to provide an adequate water supply to the trailer park residents. MISC; STAFF MTG. Councilmember Hansen expressed an interest to receive . MINUTES copies of City staff meeting minutes; questioned if other Councilmembers were interested in receiving these minutes. No other Councilmembers expressed interest. MISC; SMOKING BAN Councilmember Hansen suggested the City Hall be designated "smoke-free"; referred to the smoking bans imposed by other communities relative to smoking and vending machine bans. MISC; PARK Councilmember Mahowald suggested the park dedication DEDICATION policy be discussed and possibly formalized at a future Council worksession. Council concurred to dispense with the worksession meeting during the month of December. CLOSED SESSION; Mahowald moved, seconded by Malone, that Council adjourn LABOR NEGOTIATIONS to a Closed Session to discussion Labor Negotiations. Motion carried unanimously. (4-0) ADJOURN Hansen moved, seconded by Malone, that the Regular Council meeting be adjourned at 10:05 p.m. Motion carried unanimously. (4-0) . Ga~B!ge~ Clerk Administrator NOTICE OF MEETING The next Regular Council Meeting will be held on Monday, November 27, 1989, at 7;30 p.m., at the City Hall.