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HomeMy WebLinkAboutCC 05-14-1990 MINUI'ES OF THE ARDEN HILIS RmJIAR COUNCIL MEEl'ING ~Y, MAY 14, 1990, 7:30 P.M. - CITY HALL . Pursuant to due call and notice thereof, Mayor Sather ,called the meeting to =der at 7:30 p.m. ROLL CALL The roll being called the following members were present: Mayor Thomas Sather, Councilmembers Nancy Hansen, Paul Malone and JoAnn Growe. Absent: Councilmember lliomas Mahowald. Also present: Attorney Jerry Filla, Planner John Bergly, Engineer Mark Graham, Parks Director John Buckley, Public Works SUpervisor Dan Winkel, Clerk Administrator Gary Berger and Deputy Clerk Catherine Iago. CALL TO ORDER AOOPI' REVISED AGENDA Malone moved, seconded by Hansen, to adopt the revised May 14 Agenda as suhnitted. Motion carried unanimously. (4-0) . APPROVE MINUI'ES Hansen JOOVed, seconded by Malone, to approve the minutes of the April 23 Worksession and April 30 Regular Council meeting as suhnitted. Motion carried unanimously. (4-0) Hansen moved, seconded by Growe, to approve the Consent Calendar for the May 14 meeting and authorize execution of all necessary documents contained therein: a. Approve Permanent Business License for Burger King, 3751 North IJ;xington Ave. b. Approve Bingo Hall License Application, Pot 0 Gold, 3775 Connelly st. c. Request Partial Payment, }IRS Construction, Kern Milling site Demolition. d. Approve List of Claims and Payroll OJNSENT CALENDAR . Motion carried unanimously. (4-0) PUBLIC CX>>lMENTS None. AWARD BID; 1990 BIKE TRAIL IMPROVEMENTS Council was referred to a memorandum fram Engineer Graham dated 5-9-90, relative to the construction bids received for the 1990 Bike Trail I11q;lrovements. Engineer Mark Graham, representing MSA, was present and reported on the bids received for the bituminous bike trail project to be installed within an existing easement from stowe Avenue to County Road E. Graham advised the apparent low bidder is Midwest Asphalt Corrpany, in the amount of $11,438.35. He explained that his firm has worked with this company on projects in other ccm:nunities and found their work to be of good quality and the company responsive to community needs. Graham recommended award of bid to Midwest Asphalt Corrpany. Council1nember Hansen questioned if the property owners affected by the inprovernent have been notified and if Midwest Asphalt has worked on any inprovernents in Arden Hills. Park Director Buckley explained he will be mailing notices to the residents in this area. Public Works SUpervisor Winkel advised Midwest Asphalt has perfonned work in Arden Hills, however, the company was not contracted by the City. . Hansen moved, seconded by Malone, to award the 1990 Bike Trail Improvement Bid to Midwest Asphalt Company, in the amount of $11,438.35. Motion carried unanilnously. (4-0) Minutes of the Arden Hills Regular Council Meeting, May 14, 1990 Page 2 . CASE #90-05; SUP, ROOFTOP SIGN, 1201 W. OJ. RD. E, MCGUIRE'S/HOW1\RD JOHNSON Council was referred to the Planner's report and Planning Planning Commission minutes dated 5-2-90, regarding the Special Use Permit f= a Rooftop Sign and Dbnensional, variance for Directional Signs, 1201 west County Road E, McGuire's Inn/Howard Johnson. Planner Bergly advised the existing rooftop sign received a permit fram the City prior to adoption of the ordinance requiring SUP's f= roof signs. He noted the proposed sign meets all current sign ordinance requirements, however, the sign ordinance requires a nonconforming sign to be brought into CCI'lpliance when it is relocated, rebuilt or altered. Bergly stated the roof sign will be located on the north face of the roof and will be 4-feet by 53-feet (212 sq. ft.); the current sign is 8-feet by 82-feet, with 6 ft. 3 inch by 78 feet lettering (487 sq. ft.). The Planner explained that steve Kappler, General Manager of Howard Johnson, has requested a revision on the application relating to sign size. Kappler'S request is to in=ease the lettering to 5 feet by 68 feet 9 inches or 344 sq. ft. steve Kappler advised the change is lettering size is to enhance the aesthetics of the site and make the signage more attractive; the larger letters will better utilize and fill the existing sign bac:kgrourrl. There was discussion relative to color and type of neon lighting for the signs. Kappler explained the lettering on the roof will not have the "orange" logo . included only the letters and described the type of lighting to be utilized. Council1nember Growe questioned if the wall mounted sign on the east end of the J:uilding will contain the "orange" logo. Kappler confirmed the wall-mounted sign will have the Howard Johnson's logo. The Planner state the site has two street frontages, on I.exington Avenue and County Road E and theref=e is all=ed to have three hlsiness signs; all could be ground-mounted, all could be wall-mounted or it could be a combination of both. Bergly advised the site is also allowed infonnational and directional signs in addition to the hlsiness signs. He stated the applicant is proposing to have three signs: 1. A sign on the rooftop which meets the same area and dimension =iteria as a wall-mounted sign placed on the north side of the J:uilding, 2. A sign on the east end of the J:uilding, and 3. The existing pylon sign in front of the building on County Road E. The Planner also explained the applicant is proposing to remove the two signs on either side of the canopy in front of the notel and place two directional signs at the front entrances to the site on County Road E; the directional signs will require variances. Council1nember Malone questioned the proposed dimensions of the letters on the roof discussed as a change by the lOCltel manager. . Planner Bergly stated the present lettering is 6 ft. by 78 ft.; the applicant is proposing 5 ft. by 68.9 ft. lettering on the roof. . Minutes of the Arden Hills Regular Council Meeting, May 14, 1990 Page 3 CASE #90-05 (Cont'd) Malone commented that Council does not appreciate the a proposed change in the application after it has been reviewed by the Planning Commission, however, he noted the sign area as proposed will be a reduction fram the existing sign. Malone JOOVed, secorxied by Hansen, to approve the Special Use Permit, Case #90-05, for the placement of a rooftop sign on the present McQrire's Inn, 1201 West County Road E, such sign to read "Howard Johnson", with the letters comprising the sign not to exceed 5 feet in height and 69 feet in length. Motion carried unanimously. (4-0) May= Sather questioned if the pylon sign will be removed and how the restaurant, and lounge will be identified. Planner Bergly stated the walllllOUl1ted signs on the canopy will be removed, however, the pylon sign will remain. Council1nember Growe questioned how long the temporary banner will remain on the building . Steve Kappler advised the banner sign will be removed in June when the wall-mounted sign is installed. . Planner Bergly discussed the variance request for the two directional signs which are proposed for placement at the front entrances to the site on County Road E. Bergly reviewed the considerations for the directional sign dimensional variance, as listed in his report of 5-14-90, page 2. He noted variances will be necessary for the following: 1. Sign height (8 inches), 2. Sign width (3 feet, 6 inches), and 3. Sign area (8.2 square feet) . The Planner referred Council to the Planning Commission minutes of 5-2-90, recornrnending approval of two of the requested variances for width and area, and the Board of Appeals minutes of 4-24-90, recommending denial of the requested variances. He also explained the Planning Conunission found the only hardship to be snow removal on County Road E presents a small problem due to no shoulders for snow placement. Council1nember Malone questioned the parking setback near the westerly entrance on County Road E; asked the applicant to confonn to the required 20 ft. parking setback . Kappler advised the reason for parking closer to the street is for the motel to appear occupied. He stated the sign variances are inportant to direct patrons into the motel and therefore he will comply with the required setback if Council attaches such a corxiitions to an approval of the variances. Council1nember Hansen commented that although she is opposed to sign variances, the signage will provide more visibility for the b.1siness for vehicles traveling east on County Road E fram Snelling Avenue. . . . 1. 2. 3. . 4. 5. Minutes of the Arden Hills Regular Council Meeting, May 14, 1990 Page 4 CASE #90-05 (Cont'd) Malone JOOVed, seconded by GrCMe, to awrove the following sign variance request for directional signs at McGuire's Inn (Howard Johnson), Case #90-05, 1201 W. County Road E, based on the applicant's removal of the canopy entrance signs, the directional signs being utilized to assist drivers on a public street with ingress to the site, the limited area f= snow placement on the roadway shoulder during the winter IIlOnths, and the necessity to increase the infonnation on the sign f= vehiCle/driver recognition and conditioned upon the applicant restructuring parking area near the westerly driveway entrance to maintain the 20 ft. parking setback requirement: 1. A Sign width variance of 3 feet 6 inches. 2. A Sign area variance of 8.2 square feet. and, to deny the sign height variance, based on the fact the sign height can be easily adjusted and the 8 inch variance requested will not affect sign visibility . Motion carried unanilnously. (4-0) CASE #90-06; MINOR SUBDIVISION, 3947 roILING HILlS RD., JERRY MANSERGH council was referred to the Planner's report and Planning Ccanrnission minutes dated 5-2-90, relative to the request for a lot split, lDt 7, Block 29, Rolling Hills No.6, Mr. & Mrs. Jerry Mansergh. The Planner stated the 80,107 sq. ft. lot is proposed to be divided into Tract A, with 45,650 sq. ft. and the existing house, and Tract B, which would be a 34,457 sq. ft. lot. '!he applicant is proposing to constJ::uct a new home for himself on Tract B and will sell the existing home on Tract A. Bergly stated the Planning Commission reconunended approval of the requested lot split with six conditions, as listed in the minutes dated 5-2-90. He noted no variances are necessary to accomplish the lot split and the proposal meets all Ordinance requirements. Bergly explained Engineer Maurer reviewed the &Mer access and reconunended a sewer lift will have to be constructed by the applicant; the applicant is aware of this fact and has agreed to provide the lift. Public Works Supervisor Winkel stated a check valve should be installed to protect other residents in this area and the applicant fram a sewer back-up. Attorney Filla suggested council require the installation of the check valve be attached as a condition of approval. Hansen moved, seconded by Malone, to approve Case #90-06, lDt Division 3947 Rolling Hills Road, lDt 7, Block 29, Rolling Hills No.6, Jerry Mansergh, condition upon the following: '!hat the City Engineer and Attorney review and approve the division documents prior to filing and that necessary easements are secured. '!hat the City Engineer establish the minimum floor elevation to which sanitary sewer service can J:e provided. '!hat the Rice Creek Watershed District approve the proposed development plan and related requirements are met by the owner prior to issuance of a wilding perIni t. '!hat the proposed residence on Tract B be placed west of the point where Tract B is 95 feet wide. '!hat park dedication requirements for the additional wilding site J:e met prior to issuance of a wildirq permit. . Minutes of the Arden Hills RegUlar Council Meeting, May 14, 1990 Page 5 Case #90-06 (Cont'd) 6. lliat a Registered Land Survey be filed prior to construction of a new home on Tract B. 7. That the applicant install a check valve as part of the SllIlp pump system to protect against sanitary sewer back-up problems. Motion ca=ied unanimously. (4-0) RmuEST AMEMMENI'; CHAR. GAMBLING ORD. INCREASE ClASS B LICS., LT. BRIGADE Council was referred to a report tram Clerk Administrator Berger, dated 5-11-90, relative to a request fram the Light Brigade to increase the number of Class B Claritable gambling licenses issued by the City. . Berger explained the city currently limits the number of charitable gambling licenses to 9, seven of which are Class A and the remainder Class B. At a previous Council meeting, two Class A licenses were approved which brought the total number of licenses approved in the City to nine. He noted the Light Brigade is now eligible to reapply for the license the organization previously held at the Blue Fox; due to a gambling violation by the Blue Fox Inn, the Light Brigade was restricted from operations at that location until June 1990 (the violation was charged to the Blue Fox Inn) . Berger noted the Light Brigade is a local organization has made suJ::stantial contributions to the community through the City and school district. The Clerk Administrator and Deputy Clerk Iago concurred to recommend the number of Class B licenses be increased either to three or five; it was noted that Class B licenses are restricted to operate only at On-Sale liqu= establishments in the city and since there are five establishments it would seem fair to allow each to the option to conduct charitable gambling. Mayor Sather questioned when the next Class B license will expire. Deputy Clerk Iago advised the state Gaming Board does not notify the City when the license is issued; the City records only indicate the date of Council approval. Councilmernber Malone stated the Council deliberated on this matter and determined the City would be best served by a maximum of nine charitable gambling licenses; did not favor an increasing the number of licenses. Councilmernber Growe questioned the type of contributions the Light Brigade has made to the community. Herb King, representing the Light Brigade, was present and reviewed the contributions the organization has made to the community. He commented it is unfair that the Bingo Hill is one building and can have seven licenses operating in the facility, while there are five On-Sale liquor establishments and only two of those facilities can have charitable gambling activities. King also pointed out there are Class A licenses issued for operation at the Bingo Hall which are no being utilized. . 'Ihere was discussion relative to use of the licenses at the Bingo Hall and the possibility of setting a time-frame for use of a license, if not utilized within the time perioo the license would J:e revoked. It was also suggested a provision be included in the Ordinance which allows only community based charities to conduct charitable gambling activities. Minutes of the Arden Hills Regular Council Meeting, May 14, 1990 Page 6 . ORD. AMENC:t1I' (Cont'd) Attorney Filla advised the City has the authority to condition its awroval on the =ence of certain events, such as, issuance of the license by the state within 60 days of Council auth=ization. Council =ncurred to direct the City Attorney to review the possible inclusion of a provision in the City Ordinance which requires applicants f= charitable gambling to be local organizations based in the city and to determine if licenses authorized by Arden Hills have been approved by the state Gaming Board. Council further directed staff to update Council on expiration dates of charitable gambling licenses and research which charities hold Class A licenses, l:ut do not currently =nduct bingo at the Pot 0 Gold hall. CITIZEN SURVEY QUOI'ES Council was referred to a memorandum fram the Clerk Administrator dated 5-11-90, reviewed the survey quotation proposals received fram three companies. Berger advised the following companies suhnitted quotes for conducting a citizen survey and sent representatives to respond to Council irquiries: 1. Anderson-Nieb.lhr & Associates, Inc., Karen Lyon and Elizabeth Peterson. 2. Plasrnan & Associates, Inc., stephen Plasrnan. 3. Decision Resources Ltd., Bill Morris. Representatives from each finn were introduced to Council and gave a brief presentation relating to services provided in the quotes suhnitted. . Council1nernber Hansen stated she did not favor a telephone survey. After a brief question and answer period, Council thanked the representatives for their quotes and attendance at the meeting. Council =ncurred to direct the Clerk Administrator to contact the references listed for each company and place this matter on the 5-21-90 Council Work:session for further discussion. CHANGE ORDER; KEM MILLING SITE, WELL ABANOONMENT Council was referred to a report from Clerk Administrator Berger dated 5-11-90 regarding the change order received from Bergerson--caswell for well abandonment at the Kern Milling site. Berger explained a letter was received from Delta Environmental Consultants, Inc., dated 5-10-90, regarding the change order for well abandonment at the Kim Milling site; the contractor is requesting additional funds in the amount of up to $10,210 and Delta is requesting an additional $1,500 for fees to cover the change of work scope previously outlined in the bid specifications. . Paul Goudreault, Delta Environmental, was present and gave Council a progress report on the demolition activities at the site relating to underground storage tank removal, asbestos removal and drum removal. He explained the well abandorunent on wells #1 and #2, as outlined in the specifications, have gone a=rding to schedule; both of these wells have been cleaned and routed and are ready for abandonment. He also noted that when the initial assessment of the site was underway, good information was located regarding wells #1 and #2. Minutes of the Arden Hills Regular Council Meeting, May 14, 1990 Page 7 . CHANGE ORDER (COnt'd) Goudreault advised that when Delta prepared the well abandonment specifications there was not substantial information located relating to wells # 3 and #4, therefore, assumptions were made by Delta regarding the depth and diameter of these wells. He explained another problem occurred when sand was found at the bottom of the wells and to properly abandon the wells this sand will have to be pumped from the wells, then the wells will be televised, an analysis be CCIIpleted and then process f= abandorunent will begin. Goudreault stated that Bergerson--<::aswell provided an estilnate of additional costs for =npletion of the well abandonment and that it is based on an estilnated two and one-half days of work per well; it is not a fixed rate. The Clerk Administrator stated that Engineer Maurer reviewed this matter and expressed concern that the pump for the wells was not removed to determine the depth of the wells; also noted the 6 inch casing on the well usually indicates a carrnnercial well and nomally those wells <Ire deeper than originally estilnated. Goudreault stated pump removal is not usually done prior to suJ:xnission of a bid quote and he was basing the depth of the well on his infomation relative to depths of wells in this area; noted he has worked on a number of projects for TCAAP and is familiar with this area. . Councilmember Malone expressed frustration that the City hired Delta to provide the expertise on well-abandonment and this is the second change order that has =ed after Delta's assessment of the site. He questioned if any other problems are foreseen which will require additional funds to be allotted to the demolition. Mayor Sather also expressed dissatisfaction with Delta allowing the contractor to underground storage tanks from another site for disposal at the Kem Milling site. Goudreault stated he did not foresee any major problems requiring additional funding at this time and that Delta was not aware of the contractor's intent to bring in additional storage tanks for disposal purposes. He advised that Darrell Ohman has been placed in charge of the site demolition and he will keep the council infonned of all activities. Attorney Filla commented that Delta is representing the city not the contractor and as the city's consultant it is the consultant's responsibility to convey to the contractor the City's concern regarding the additional costs of well abandonment. Filla referred to the bid quote contract tenus which relate to "change orders"; the contract two alternatives for resolution of change orders, one method would be to bill the City on a time and materials basis and the other would be to negotiate a sum of money. . Goudreault explained that he asst.nneS responsibility for the miscalculation of the depth of the two wells; suggested the city could solicit bids for follow-up action from sub-contractors, with the additional knowledge obtained regarding the wells, and select a different contractor or the City could maintain the current contractor and pay only for actual hours spent on the job, on a time and materials basis. He advised if the City prefers to re-bid the well abandonment, Delta will not charge for this service. Mayor Sather suggested the Council invite the contractor to the next worksession meeting to discuss the matter. Minutes of the Arden Hills Regular Council Meeting, May 14, 1990 Page 8 CHANGE ORDER (Cont'd) Goudreault stated the =npany will charge no excess fees, other than those presented earlier fram Delta. . Malone moved, seconded by Growe, that Council continued this matter to the Regular Council Worksession meeting, May 21, 1990, at 4:30 p.m., and to direct staff to invite a representative fram Bergerson-caswell to attend the meeting and discuss the additional costs for well abandornnent at the Kern Milling site. Motion ca=ied unanimously. (4-0) RE;;l. TEMKlRARY POLICE/FmE PROl'ECI'ION, ARMY RESERVE CENTER Council was referred to a memorandum fram the Clerk Administrat= dated 5-11-90 regarding the request fram the Department of the Arnrj. for temporary police and fire protection at the Arnrj Reserve Center under constIuction. Attorney Filla advised the letter dated 5-3-90, is requesting City approval for the Army to contract with the lake Johanna Volunteer Fire Deparbnent and the Ramsey County Sheriff's Department for their services. Filla stated this may be an opportunity for the City to establish a good working relationship with the Deparbnent of the Army and TCAAP. Council directed staff to assemble cost estimates for providing the police and fire services and requested the Attorney contact the Arnrj representatives to determine the definition of "pericxiic surveillance" and the level of service requested at the site. PERMANENT APPIMI'; RECEPl'. PA'l' YEZEK Council was referred a memorandum fram the Clerk Administrator dated 5-8-90, regarding the permanent appointment of Receptionist Pat Yezek, after su=essful completion of her six month probationary pericxi. . Malone moved, secon::led by Hansen, to approve the permanent employment status of Pat Yezek, after successful completion of her six month probationary period, and authorize a salary increase to 85% of the wage rate, $7.94 per hour, retroactive to May 1, 1990. Motion carried unanimously. (4-0) RE;;lUEST PERMIT; OOOR--'IO-OOOR CANVASS Malone moved, secon::led by Hansen, to approve the request by the Minnesota Freeze Carrpaign to conduct a door-to-<loor canvass as outlined in their letter dated 5-8-90. Motion carried unanirrously. (4-0) COUNCIL c:a1MENTS Jornr CLEAN-UP DAY Counci11llember Hansen complemented employees Mike McKinney and Joe Mooney for their efforts on May 5, in conjunction with the joint clean-up day conducted with the city of Shoreview. RCLLG MEEI'ING Councilmember Hansen advised the next RCLLG meeting will be held on June 20 at Chippewa Jr. High School; topic will be drugs. . CODE ENFDRCEMENT LEITERS Councilmember Hansen expressed concern relating to recent code enforcement letters received by residents; suggested this matter be discussed at a furore Council worksession. . . . Minutes of the Arden Hills Regular Council Meeting, May 14, 1990 Page 9 Malone moved, seconded by Hansen, that Council schedule a a public meeting with residents of Katie lane and stowe Avenue to discuss easement encrcachment problems, on Thursday, May 31, at 7:00 p.m., at the lake Johanna Volunteer Fire station #1, 3246 New Brighton Road. Motion ca=ied unanimously. (4-0) NEIGHBORHOOD MIG; KATIE IANE/STOOE AVENUE, EASEMENTS SCHEDULE MIG i IABOR N:EX;' S 'lUES, MAY 29 Malone JOOVed, seconded by Hansen, to schedule a Closed Meeting for the purpose of lab= negotiations, at 6: 30 p.m., Tuesday, May 29, at City Hall. Motion ca=ied unanimously. (4-0) ADJOURN Malone moved, seconded by Hansen, that the meeting be adjourned at 10:45 p.m. Motion ca=ied unanimously. (4-0) Gary R. Berger Clerk Administrator ThomasR.Sather Mayor NOITCE OF MEETINGS There will be a Closed Meeting to discuss Labor Negotiations at 6:30 p.m., Tuesday, May 29, 1990, at city Hall. The Regular Council Meeting will be held at 7:30 p.m., Tuesday, 5-29-90, at city Hall. A Neighborhood/Council Meeting will be held on lliursday, 5-31-90, at 7:00 p.m., at the LJVFD station #1, 3246 New Brighton Road.