Loading...
HomeMy WebLinkAboutCC 12-26-1989 MINUTES OF THE ARDEN HILLS REGULAR COUNCIL MEETING TUESDAY, DECEMBER 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, Councilmernbers Paul Malone, JoAnn Growe and Thomas Mahowald. Absent: Councilmember Nancy Hansen. Also present: Attorney Jerry Filla, Park Director John Buckley, Public Works Supervisor Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. ADOPT AGENDA Malone moved, seconded by Growe, to adopt the December 26 Council Agenda as submitted. Motion carried unanimously. (4-0) APPROVE MINUTES Mahowald moved, seconded by Malone, that Council approve the minutes of the December 11 Regular Council Meeting and December 12 Budget Meeting as submitted. Motion carried unanimously. (4-0) CONSENT CALENDAR Malone moved, seconded by Growe, to approve the Consent Calendar for the December 26 meeting and authorize execution of all necessary documents contained therein: a. Adoption of Resolution No. 89-58, Accepting Work and Approving Final Payment for Royal Hills Improvement. b. Renewal of Liquor License for Charlie Chung's Restaurant. c. Renewal of Class A and B Charitable Gambling Licenses. d. Approval for Class A Gambling License for Church of St. Mary's Romanian Orthodox for Bingo at Pot-O-Gold. . e. Acknowledgment of Delta Report on Lake Johanna Water Testing. f. Approval of 1990 Refuse Haulers License. g. Approval of 1990 Business Licenses. h. Designation of Official City Newspaper for 1990. i. Acknowledgment of Treasurer's Report. j. Approval of List of Claims and Payroll. Motion carried unanimously. (4-0) Councilmember Malone commented he is pleased that the refuse collectors rates indicate they are offering the discount as required by the City for residents participating in the recycling program. PUBLIC COMMENTS None. PUBLIC HEARINGS RES. 1189-59 ; VACATE Mayor Sather opened the Public Hearing at 7:30 p.m. DRAINAGE EASEMENT for the purpose of the proposed vacation of a drainage OAK AVENUE easement on Oak Avenue. Clerk Administrator Berger verified publication of the Notice of Hearing on Wednesday, December 13, 1989, in the New Brighton Bulletin and mailing to affected property owners the same date. Mayor Sather asked if there was anyone present to speak in favor of or opposed to . this matter. There was no response. Minutes of the Arden Hills Regular Council Meeting, 12-26-89 Page 2 OAK AVE. (Cont'd) Mayor Sather closed the Public Hearing at 7:35 p.m. Growe moved, seconded by Mahowald, that Council adopt ~ Resolution No. 89-59, VACATING A DRAINAGE EASEMENT, which authorizes vacation of the drainage easement between Lots 5 and 6, Block 28, Shorewood Hills No. 5, generally located on Oak Avenue. Motion carried unanimously. (4-0) TAX-EXEMPT FINANCING Mayor Sather opened the Public Hearing at 8:00 p.m. for BETHEL COLLEGE the purpose of the proposed tax-exempt status for financing a new telephone system at Bethel College. Clerk Administrator Berger verified publication of the Notice of Hearing on Wednesday, December 13, 1989, in the New Brighton Bulletin. John Bergeson, Controller at Bethel College, was present and stated Bethel is withdrawing the request for Tax Exempt Financing at this time. He stated the college has obtained other means of financing the project and extended thanks to Council and staff for their time relative to the request. At 8:05 p.m. Mayor Sather asked if there was anyone present who wished to speak regarding this matter. There was no response. The Mayor closed the public hearing at 8:06 p.m. No formal action taken on this matter. PROGRAM DIRECTOR; Council was referred to a memorandum from Park Director APPROVE JOB DESC. Buckley dated 12-20-89, outlining the proposed job & SALARY SCHEDULE description and salary schedule for the Park Program ~ Supervisor position which was budgeted for 1990. Clerk Administrator Berger advised the Park Director was present in the City offices, however, unavailable at this time to discuss the position. He suggested deferring discussion of this matter for a brief time period. Council concurred the job description and salary schedule presented provide sufficient information for action on this matter. Mahowald moved, seconded by Growe, that Council approve the Job Description and Salary Schedule for the newly-created Park Program Supervisor position, as outlined in the Park Director's memorandum dated 12-20-89 and authorize advertisement for the position. Motion carried unanimously. (4-0) APPROVE FINAL PLAT, Council was referred to a memorandum from Deputy Clerk PUD & DEVELOPMENT Iago dated 12-21-89, relative to the final plat, PUD and AGREEMENT, APARTMENTS development agreement approval for the proposed apartment CONTINENTAL DEVELOPMT camp lex, Old Highway 10 and 1-694, Continental Development Corporation. Attorney Filla explained staff and Mr. Cook had met to discuss and prepare the proposed Development Agreement before Council this evening. Filla discussed the following items in conjunction with the agreement: 1. Section 4.3, Subd. a, page 2: The agreement presently contains a reference to . a $400.00 per acre figure for the remaining undeveloped portion of the site as a guarantee for site restoration by methods of erosion control and reforestation; the amount was discussed at the meeting with Cook and staff. Since the meeting, Planner Bergly has indicated the figure of $1200.00 per acre would be more appropriate and Charles Cook has agreed to the higher figure. Filla recommended the $1200.00 figure be inserted in the agreement. -------- Minutes of the Arden Hills Regular Council Meeting, 12-26-89 Page 3 FINAL PLAT (Cont'd) 2. Section 4.3, Subd a., page 2: The document lists a requirement that a 70% maintenance bond be submitted on completed landscaping for a period of one year. Attorney Filla advised staff ~noted the past policy of the City has been to require a 100% maintenance bond on completed landscaping. The staff and Mr. Cook were of the opinion a 100% maintenance bond would not be necessary since the landscaping will not be accepted until approved by the Inspector and has been in place and growing; the consensus was that a bond in the amount of 70% would sufficiently cover the risks of replacement on the landscaping. 3. Section 4.3, Subd. b., page 2: There is no provision for a maintenance bond on the Emergency Access Road. In the declaration of easements the property owners have agreed to contribute toward the cost of maintaining the access road as required by the City of Arden Hills. In the future, 5 or 10 years from now, if the City deems maintenance is necessary on the access road, the current owners have agreed to pay for the costs thru this declaration of easements. 4. Section 4.4: Typographical error: Filla will insert correct language. 5. Exhibit A: Contains thirteen (13) attached sheets as part of the agreement. 6. Exhibit B: This is the Declaration of Easement. Filla noted Section 4, page 3, second paragraph: The owners of each of said Lots 1 thru 4 agree to pay 25% of the costs of the Emergency Vehicle Access Road maintenance, in addition to other items specified therein. In summary, Attorney Filla stated with the Development Agreement the applicant has satisfied the City regulations and procedures are in place to insure this ~project is constructed according to the City regulations with the appropriate security measures as the development proceeds. Filla stated Charles Cook has agreed to the terms of the contract as amended. He also noted the abstracts for this property have been submitted to the Title Insurance Company and a copy of the insurance binder will be submitted for review prior to the City officials executing the final plat and development agreement. Clerk Administrator Berger suggested the development contract form prepared for this PUD be prepared for similar types of development applications at the time of the Planning Commission review and recommendation to Council; it was his opinion this would expedite this type of application. Councilmember Malone questioned if the access road will be constructed according to the Engineer's recommendation and specification. Attorney Filla referred to Section 4.3, Subd. b., which indicates the access road will be constructed as required by the City Engineer prior to occupancy of any structures to be served by the road. Filla explained the sequencing of the development will be left to the developer, however, the access road or at least the portion to serve the building will be constructed prior to occupancy. The attorney also noted Section 4.1 requires construction of the improvements according to the plans and specifications attached; the plans and specifications for the access road have been approved by the City Engineer. Councilmember Malone discussed the proposed construction of the support between ~the floors of the buildings; questioned if truss work will be utilized. Charles Cook, applicant, advised the flooring above the garage areas will be a truss floor system and the other areas will be a floor joist dimensional lumber construction. -~ --------- Minutes of the Arden Hills Regular Council Meeting, 12-26-89 Page 4 FINAL PLAT (Cont'd) Malone expressed concern relative to the structural support of truss construction in the event of fires; suggested the Planning Commission review this matter as relates to fire safety. . Malone moved, seconded by Growe, to adopt the appropriate Resolutions approving the Final Plat and Development Contract for Continental Development, Case 1188-30, subject to the applicant providing evidence of the title insurance binder prior to execution of the final plat and development contract by the Mayor and Clerk Administrator. Motion carried unanimously. (4-0) DISC; PROP'D LTR. Council was referred to a memorandum from the Clerk ENCROACHMENTS ON Administrator dated 12-19-89 and a letter from Attorney UTILITY EASEMENTS Filla dated 12-8-89, relative to encroachments on City utility easements. Clerk Administrator Berger explained the Public Works Supervisor has indicated his crew may have some slow periods during the winter months when they would be available to identify various areas of the City where easement encroachments hinder the possibility of utility maintenance. Berger stated staff is requesting Council direction regarding the proposed easement letter, prepared by Attorney Filla, and authorization to initially begin the identification process. After discussion, Council concurred there is a definite need to identify the areas where encroachments hinder the Public Works personnel performing maintenance on utilities and the letter proposed would provide a six month period of time for the property owner to resolve the encroachment problem. Council directed staff to begin the process of identifying and prioritizing areas . of the City where encroachments on easements exist; it was further noted the matter be placed on the January 22, 1990 Council Worksession agenda for further discussion. RES. 1189-62; ADOPT Mayor Sather asked if there was anyone present who wished 1990 LEVY & BUDGET to address the Council relative to the 1990 Budget. The Clerk Administrator briefly reviewed a few items of the budget document and offered commendation to staff members Darlene Scott and Mary Ann DeLaRosa for their outstanding efforts in assisting with preparation of the document. Mahowald moved, seconded by Malone, to Adopt Resolution No. 89-62, CLARIFYING FINAL SUMS OF MONEY TO BE LEVIED FOR LEVY YEAR 1989, PAYABLE IN 1990 and approving the 1990 Budget document as submitted by the Clerk Administrator. Motion carried unanimously. (4-0) REQUEST; LEASE Council was referred to a memorandum from Administrative FAX MACHINE Secretary DeLaRosa dated 12-21-89, requesting authorization to lease a Sharp #750 fax machine. Councilmember Growe commented she was pleased that staff recommended lease of the fax machine versus purchase; since technology changes so rapidly. Growe questioned if the monthly lease amount includes a maintenance agreement and the monthly cost for a dedicated telephone line. . Deputy Clerk Iago advised the monthly quote for the Sharp #750 does include the maintenance agreement and the other quotes did not include maintenance. Iago was unsure regarding the amount for the telephone line on a monthly basis. Minutes of the Arden Hills Regular Council Meeting, 12-26-89 Page 5 FAX MACH. (Cont'd) Growe indicated the monthly telephone line is approximately $50-$60.00 and there is usually a cost for the time utilized sending documents. . Malone questioned if the price was under the government contract and if the lease is closed end. Iago reported price is under the government purchasing listing and she was not sure of the lease terms. Growe moved, seconded by Mahowald, that Council direct staff to lease the Sharp #750 Fax Machine, at a cost of $72.00 per month to include a maintenance agreement, for a three year period. Motion carried unanimously. (4-0) DESIGNATE INTERIM Council was referred to a memorandum from the Clerk MAYOR; JO ANN GROWE Administrator dated 12-20-89, recommending designation of a Councilmember as Interim Mayor in the event Mayor Sather and appointed Acting Mayor Hansen are unavailable. Staff recommended senior Councilrnember Growe be appointed. Malone moved, seconded by Mahowald, that due to the potential absence of both the Mayor and Acting Mayor, Council appoint Councilmember Growe as Interim Mayor during the period between January 1 and 8, 1990. Motion carried unanimously. (4-0) COUNCIL COMMENTS . CONTINENTAL APTS. Councilmember Malone suggested Planning Commission review the building/structural plans for the Continental Development apartment complex in regards to safety during firefighting operations. Council concurred to direct Council Liaison Growe to relate the concerns of Malone to the Planning Commission for their review and comment. PROPOSED INCREASE; Attorney Filla advised Council that recently enacted LIQUOR LICENSE FEES State law requires a public hearing be held prior to the City imposing an increase for liquor license fees. Councilmember Malone advised the fees were to be imposed during the second quarter billing for liquor license fees in April 1990. Malone moved, seconded by Growe, that Council schedule a Public Hearing for the purpose of Proposed Liquor License Fee Increase at their Regular Meeting to be held Monday, February 26, 1990 and direct the Clerk Administrator to prepare, publish and mail the Notice of Hearing to affected liquor license holders. Motion carried unanimously. (4-0) MISCELLANEOUS Councilmember Malone questioned if the Clerk Administrator has received any further requests or telephone calls relative to installation of street lighting. . Berger stated no further inquiries have been received to date. Councilmember Growe advised she will be available for the Council Goals Session scheduled for February 16 & 17, 1990. Minutes of the Arden Hills Regular Council Meeting, 12-26-89 Page 6 MISC; (Cont'd) Public Works Supervisor Winkel reported to Council on the status of the watermain break on County Road E. . Councilmember Mahowald questioned if the Clerk Administrator contacted Mr. Schelendich regarding the Engineer's letter on the sod problem. Berger stated he had contacted Schelendich and also forwarded a copy of Engineer Maurer's letter regarding the sod. Mayor Sather questioned if staff has received any requests from citizens who wish to serve on committees in 1990; requested any correspondence and current members status information be forwarded to Council Liaisons with the newsletter packet this week. CHAR. GAMBLING Phyliss Smith, Gambling Manager for the Sweet Adelines, ORDINANCE DISC. appeared before Council to request an exemption from the Charitable Gambling Ordinance requirement which allows only four bingo occasions per week. Smith stated this would be on a temporary basis only until such time as her organization regains compliance with State requirements relating to expenses exceeding gross receipts. In discussion, it appears the Sweet Adelines bingo operation and number of occasions currently held at Pot-O-Gold may be within the Ordinance guidelines. Council directed Attorney Filla and staff to meet with Mrs. Smith to discuss the regulations and make recommendation to Council at a future meeting. ADJOURN Malone moved,. seconded by Growe, that the meeting be . adjourned at 8:40 p.m. Gar~~t~er ~ -riI1<<PI IIWL-- Thomas R. Sather Clerk Administrator Mayor NOTICE OF MEETINGS The next Regular Council Meeting will be held on Monday, January 8, 1990, at 7:30 p.m. ,. at the City Hall. .