HomeMy WebLinkAboutCC 12-10-1990
MINUI'ES OF 'TIlE ARDEN HILlS REl3UlAR COUNCIL MEEI'ING
mNDAY, DECEMBER 10, 1990, 7:30 P.M. - CITY HALL
CALL ro ORDER PurSUaIlt to due call and notice thereof, Acting Mayor
Hansen called the meeting to order at 7:30 p.m.
. roLL CALL 'l11e roll being called the following members were present:
Acting Mayor Hansen, Counci1.meInberS Paul Malone and
'l11omas Mahowald. Absent: Mayor Thomas Sather and counci1lllember JaI\nn Growe. Also
present: Planner John Bergly, En:jineer Terry Maurer, Park Director John Buckley,
Public Works SUperinten:ient Dan Winkel, Clerk Administrator GarY Berger and
Deputy Clerk catherine Iago.
AOOPI' REVISED The Clerk Administrator advised the following agen:3a
AGENDA 12/10/90 items require a four-fifths vote of eouncil and should be
continued to the next regular meeting date: Items 7 (c) ,
Approval of Resolution No. 90-26, Amending Comprehensive Plan and Adopting
Qrd:i.nance No. 275, Amending Appendix A of the Zoning Ordinance. (Lexington/FoX
study Area); and 7(g), Adoption of Ordinance No. 276, PerSOI1IlelOrdinance.
Malone moved, seconded by Mahowald, to defer Items 7 (c)
and (g), pending arrival of Mayor Sather, and adopt the [)eCerober 10 eouncil
Agenda as revised. Motion =ied unan:ilnously. (3-0)
OATH OF OFFICE Clerk Administrator Berger administered the oath of
office to newly-elected eounci1lllember Thomas Mahowald.
APProVE MINUI'ES Malone moved, seconded by Mahowald, to approve the
November 19 Special eouncil meeting and November 26
Regular Council meeting minutes as suJ:mitted. Motion =ied unanimously. (3-0)
. CONSENT eounci1lllember Malone referred to Item 5(b) on the
CALENDAR Consent calendar, Youth SerVices Bureau Joint PowerS
Agreement and questioned if the document obligates the
City to make contributions to the organization.
'lhe Clerk Administrator advised the modification in the documents relate to the
administration of the original joint powers agreement. He noted. that the cities
involved were not aware of the existence of such an agreement until such time as
the YSB upjated the cities. He explained the agreement was initiated to insure
the cities agreed on the level of service being provided in this area; unsure if
the document obligates the city to contribute an annual amount to the YSB.
Mahowald recalled eouncil discussion regarding the el:i.mination of funds to the
organization in 1991, if charitable gambling organizations are making
contr:ibutions .
Hansen stated the organization has received some funds from charitable
organizations, however, she was unsure of the amount.
Berger advised the City Attorney has reviewed the document and stated it was a
conunon practise years ago to enact this type of agreement. He noted the Attorney
was not uncomfortable with the document.
After discussion, eouncil concurred to direct staff to research the document in
full and request a report from the Attorney at the next regular meeting.
. Malone moved, seconded by Mahowald, to remove Item 5 (b)
from the Consent calendar to review the full text of the Joint powers Agreement
and determine the necessity of the document. Motion =ied unanimously. (3-0)
n
Minutes of the Arden Hills Regular Council Meetin;)', 12-10-90
Page 2
CALENDAR (Cont'd) Malone moved, seconded by Mahowald, to adopt the Consent
Calen::lar, as revised, and authorize execution of all
necessary documents contained therein:
. a. Adopt Itavy Resolution No. 90-44, Clarityin;)' Final SUms of Money.
c. Adopt Resolution No. 90-45, Authorizin;)' Condemnation of storm Water Easement
and Paneling Area. (Keithson Pond)
d. Approve 1991 Miscellaneous License Renewals.
e. Approve 1991 Liquor License Renewals.
f. Approve List of Claims and Payroll.
Motion carried unanimously. (3-0)
PUBLIC CXM1ENTS
REQUESl' EXTENSION; Warren Forslund, 3197 Shorewoexi Drive, appeared before
BIJ:G. <X:MPLEI'ION Council to discuss the citation issued in reference to
a violation of the Building Conpletion Ordinance on his
property and request an extension on the court date set for January 7, 1991,
relative to this matter.
Forslund explained the CClITplexity of the procedure to install the roof at his
residence and stated he has worked continuously to CClITplete the project. He
stated that unforeseen monetaJ:y problems and weather have hampered CClITpletion of
the project.
Forslund requested an extension for completion of the project to October 15,
1991, and dismissal of the trial date of January 7, 1991.
. Several of the neighbors residin;)' on Shorewood Drive were present to attest to
the work being done on the project and to support the request for continuance to
CClITplete the project.
The Clerk Administrator explained the first blilding permit for the project was
issued on May 31, 1981. He noted the enforcement of the ordinance was based on a
CClITplaint received regarding this project. Berger stated the Building Inspector
followed the ordinance guidelines as relate to notification of violation and
time-frame for CClITpletion of the project.
Jim Cooper, 3191 Shorewocxi Drive, and Ben Franklin, 3202 Shorewocxi Drive, were
present and supporte:i the request for continuance on the b.1ilding permit for this
project. There were approximately thirty persons present from the neighborhood
and none spoke in opposition to the request for additional time to ccmplete the
project.
Councilmember Mahowald explained the ordinance was enacted to protect residents
against violations of the blilclin;J ordinance which create nuisance situations and
reduce property values. He in:licated the strong support from neighbors indicates
this situation is not a nuisance, however, granting an extension may set
precedent for other violators.
Malone moved, seconded by Mahowald, to direct staff to
review the Building Conpletion Ordinance language to determine the
appropriateness of granting an extension to MI:". Forslund, and report to Council
. at the January 2, 1991 meeting, and noted that review of this matter does not
guarantee the extension will be granted. Motion carried unaniroc>usly. (3-0)
Minutes of the Arden Hills Regular Council Meeting, 12-10-90
Page 3
CASE #90-09; SITE Council was referred to Planner Bergly's report dated
PU\N REVIEW, RACQUEI' 12-5-90, relating to the Site Plan Review for a Racquet
. SPORI'S CUJB, 4155 Sports Club, 4155 No. I.exin;Jton Avenue, Dennis Foster.
LEXnlGION, FOSI'ER
Bergly explained this matter was initially reviewed by Planning Commission in
October 1990, and continusd due to several issues that were unresolved at the
tiJne of sul:xnission of the application. He advised this is the fourth revision of
the initial report regarding this matter and all of the issues outlined by staff
have been resolved.
The Planner reviewed the four actions for consideration at this time, as outlined
in his report, and recanrnended for approval by the Planning Commission at their
regular meeting held 12-5-90.
Bergly advised Item 2.B.2. should be amended; noted that one of the tennis court
buildings contains six (6) tennis courts and one contains ten (10) tennis courts.
CouncilInernber Mahowald expressed concern relative to the fact that the Planning
Commission members were obviously split in the decision to recommend approval of
this application.
Planner Bergly explained the members voting in opposition did not favor the
structural elements of the permanent buildings and the concentration of
development on the east portion of the site, which conflicts with the intent of
the open/green space requirements in the zoning code. He stated that although the
southerly access drive will have turf over the roadway surface, there will not be
any plantings along that area to soften the buildings iran the adjacent site and
. the entire west portion of the site must remain urrleveloped to meet the open
space requirement.
CouncilInernber Malone questioned if the storm water drainage system, proposed
along the south property line, will effectively divert all drainage to the rear
of the site.
Engineer Maurer explained the system will divert all drainage from the parking
lot and the rooftop of the b..1i.lcling which drains to the parking lot. He stated
there will be drainage fram approximately half of the south air-supported
structure which will drain overland to a small swale, westerly to the ponding
area.
Maurer also advised he has had discussion with Mr. Nordlurrl, the property owner
to the south, relative to drainage concerns and the main issue was drainage at
the east end of the site. The Engineer explained that the storm water from the
east portion of the site should be effectively diverted into the catch basin,
however, some drainage fram the south structure may pass over the rear/westerly
portion of the adjacent site and Mr. Nordlurrl did not appear concerned about this
area.
There was discussion relative to an outlet for the ponding area at the rear of
the site.
. Dennis Foster, applicant, stated the pond is a designated wetland area and there
is an outlet which drains urrler Highway I-694 into Valentine lilke.
Public Works SUperintendent Winkel stated there is a weir on the north side of
County Road F, which is routinely maintained.
Minutes of the Arden Hills Regular Council Meeting, 12-10-90
Page 4
CASE #90-09 (Cont'd) Malone questioned if the Engineer an:i Fire Orief have
resolved the COncen1S relative to the steep slope of the
westerly driveway entrance along the Control Data property.
. Engineer Maurer explained the topography of the site at the driveway location
will aCCOImllOClate vehicle ingress to the site, however, e;p:-ess is questionable. He
advised the south swale has been revised with a llIOre gradual slope an:i the pipe
underneath the swale, which eliminates his previous COncen1S regarding vehicle
access.
Fire Chief Winkel state:i the slope of the westerly driveway entrance will create
a problem f= removing emergency vehicles fran the site; the vehicles will have
to utilize the southerly access drive an:i the property owner must naintain that
area, especially during the winter months. He ccnmnented that llIOVing the access
further west along the northerly border, when the permanent structures are
complete:i, will provide easier access through the parking area.
Planner Bergly recalle:i discussion regarding moving the driveway approximately
20-25 ft. west of its present location at this time, not when the pennanent
structures are installe:i.
Counci1lnen1ber Malone questione:l at what point the auxilary parking area will be
installe:l.
Bergly stated the parki.n;r along Lexington was calculated for the first phase of
construction and the applicant was advised the rear parking area must be
installe:i when the front parking becomes inadequate.
Dennis Foster, applicant, stated he has at:tenpted to aCCOll1lllOdate all concerns of
. the Planning Commission, staff an:i consultants. He connnented on the issues raised
by Commissioners at the 12-5-90 meeting, relating to concentration of development
and use of building naterials; noted that different approaches are utilize:i to
. attract (7'''''''~' , preferences vary substantially, therefore, it is
r not possible to total agreement on any proposal suJ::rnitted. Foster
explaine:i the concentration of development on the east portion of the site meets
all setback and open space requirements. He advised the westeJ::n portion of the
property will not accornrnodate development, due to poor soil conditions.
Counci1lnen1ber Malone commented that the site plan does meet all minimum ordinance
requirements, however, it is the job of Council to procure the highest and best
use of land in Arden Hills.
Council concu=e:i to consider under separate motion each of the four actions
relating to Case #90-17, site Plan Review for a Racquet Sports Club, 4155 North
Lexington Avenue, Dennis and Patricia Foster.
Malone llIOVe:l, seconde:l by MahCMald, to accept
air-supported structures as an acceptable tenp::>rary structure for the intende:i
use, with the condition that within 10 years the structures will either be
, replaced by the propose:i permanent structures or that the pennit be reviewed to
determine compliance with all applicable requirements, based on findings listed
in the Planner's Report dated 12-5-90, an:i that current approval of the
structures for the intende:i use does not ilrply approval at the time J{eview.
. Motion carrie:l unanimously. (3-0) - nc-
Minutes of the Arden Hills Regular Council Meeting, 12-10-90
Page 5
CASE #90-09 (Cont'd) Malone =ved, seconded by Mahowald, to accept the
development concept as suhnitted, with the condition that
any departure from this concept will be resuJ::mitted to the City as a site plan
. amendment, with the stages of development as outlined under Items 2. A and B, to
be the development plan, and base::1 on the findings, both as listed in the
Planner's report date:i 12-5-90. Motion carrie:i unanimously. (3-0)
Malone moved, secoooe:i by Mahowald, to accept the revised
site plan, dated October 19, 1990, for the first stage and final development
stage, 1::e'>€d on the fin:lings of the Planner as outlined in his report dated
12-5-90, and incorporatin;r by reference all the site and phasin:J plans provide:i
by the applicant. Motion carrie:i unanimously. (3-0)
Mahovmld noted the applicant indicated willingness to install a baJ:rier of some
type or landscapin:J along the south property line; questioned if this matter
should be incorporated into the conditions.
Malone commenterl the City Engineer will approve the grading and drainage plan and
thus by inplication the applicant offers to insure that drainage is not a problem
to the south.
Malone noted the Planning Cannuission discussed the zoning ordinance reference to
lightin:J and the differentiation between the Imninaire and the lens. He stated
the ordinance requires the luminaire not be visible from the street and the
Plannin;r Commission requested the lens not be visible from the street; questioned
if this is feasible.
Bergly stated it would not be feasible to require the lens not be visible; the
. lightin:J fixtures will match the property to the south of this site.
Foster advise:i he is willin:J to work with staff to meet lighting requirements.
Malone =ved, secoooe:i by Mahowald, to require that the
following general conditions be met prior to issuance of a building pennit, for
this site:
A. That the two lots be combined and that appropriate utility and drainage
easements be granted to the City, subject to administrative approval.
B. That a document providing a pennanent access easement across the Control Data
Corporation drive fram Lexington Avenue to the west parking lot, and
preferably to Fernwocxi Avenue, be approved the city Attorney.
C. That easement be granted for fire lanes as require:i.
D. That the City Engineer approve the grading and drainage plan and that the
Rice Creek Watershed District issue an appropriate pennit.
E. That the City park de:iication requirements be satisfie:i.
F. That a landscaping 0000 be posted in an amount to be detei:mined by the
Planner .
Motion =ie:i unanimously. (3-0)
Council1nernber Malone advised the applicant that the park dedication is to be
negotiated with Councillnember Mahowald, and that the drainage plan approval
includes responsibility of the owner to provide any corrective measures necessary
if drainage problems occur on adjacent properties.
. CASE #90-17; MINOR Council was referred to the Planner's report and
SUBDIVISION, 1245 Planning minutes dated 12-5-90, relative to the
NURSERY HILL cr, application for a minor subdivision at 1245 Nursery
EIBENSTEINER Hill Court I Robert and Marcel Eibensteiner.
Minutes of the Arden Hills Regular Council Meeting, 12-10-90
Page 6
~E #90-17 (COnt'd) The Planner stated the request involves two properties,
one fronting on Nursery Hills Court and the other on
Dellwood street. He explained there is a residence on the lot which fronts on
. Nursery Hill Court and the other parcel is vacant. Bergly described the wetlands
on the property, one along the west lot line of parcel A and one along the east
lot line of parcel B, and noted neither of the wetland areas impact the b..rilding
envelope on the vacant lot.
Bergly explained the proposed division of the parcels and stated both lots will
meet area and dimensional requirements in the R-l District. He stated that the
unusual =nfiguration of the parcels is irrelevant, since the proposed division
line along the westerly border of parcel A an:! the rear portion of parcel B are
located within a wetland area which prohibits development.
Planner Bergly advised the Planning Commission recommended approval of the
request, based on the findings an:! subject to conditions listed in the 12-5-90
report.
councilmeI11ber Mahowald questioned if there is any development scheduled for the
parcel on the corner of Nursery Hill Court an:! Dellwood street.
Bergly stated there is =ently a residence on the parcel.
There was discussion relative to the other parcel shown on the certificate of
survey which is =ently vacant, an:! access to the parcel.
Marcel Eibensteiner, applicant, stated the vacant lot has access from an easement
and also has utilities installed. He explained the basis for subdividing at this
. time is to prohibit further development on the rear portion of parcel B.
Mahowald moved, seconded by Malone, to approve Case
#90-17, Minor SUbdivision of IDt 2, Block 2, Karth lake West, and the remaining
portion of IDt 2, Barstad Addition, subject to: 1. Granting of easements along
the new property lines an:! a=oss the westerly wetland, as may be required by the
City Engineeri 2. Vacating of unnecessary easements along the existing rear lot
line of IDt 2, Block 2, Karth lake Westi an:! 3. Approval of the final certificate
of survey by the City Attorney. Motion carried unaniJrously. (3-0)
WATER DISI'R. council was refe.n-ed to a memorandum from the Clerk
S'lsrfM IDSS Administrator dated 12-3-90 an:! report from Engineer
REPORI' Maurer dated 11-20-90, relative to Water Distribution
System IDsses.
CouncilmeI11ber Malone extended appreciation to Engineer Maurer for the ethical
response to the "bounty" =ncept offer from the city. He suggested the report
from Engineer Maurer be accepted an:! recommended the Public Works Department
begin a review of the major water system users an:! meters to certify their
a=acy. He questioned if a cost est:i1nate for certifying meters is available.
Public Works SUperintendent Winkel reported an est:i1nate for the certification
cost at $125.00 per meteri if six or !lOre meters are certified, the cost may be
reduced to $100.00 per meter. He explained the options for beginnin:] the
certification process are being reviewed, since some of the master meters do not
. have a bypass feature and it may be feasible to begin a replacement program in
=njunction with the certification.
.
Minutes of the Arden Hills Regular Council Meeting, 12-10-90
Page 7
WATER (Cont'd) Malone 111OVed, seconded by Mahowald, to accept the Water
Distrillution System Losses report from Engineer Maurer,
dated 11-20-90, am direct the Public Works SUperintendent to inveStigate the
. process of recertityi.n;J the meters of najor water system users, am to draft a
plan for an on-goi.n;J certification am replacement program for Council review in
January, 1991. Motion =ied unaniJrously. (3-0)
STA'lUS REPORl'; Council was referred to a memorandum from the Clerk
REILrnG lAWSUIT Administrator dated 12-4-90 am correspondence from
ARDEN VIEW DRIVE Attomey Neimeyer relative to the Reili.n;J lawsuit which
involves Arden view Drive.
Neimeyer reviewed the b3.ckground of the c:orrlemnation of Arden view Drive am
outlined his strategy for presentation at the trial scheduled January 10, 1991.
He stated the discussions thus far with Mr. Reili.n;J am his attorney indicate
there is no amenable compromise in this natter. He rli,,",",.JSsed the possibility of
facilitati.n;J negotiations between Attorney Filla, Reili.n;J am his attorney am
himself, regarding this natter am the Keithson Pond issues.
Council questioned if the temporary easement for the Keithson Pond have been
drafted by the Engineer. Maurer stated the easement will be ready in a few days.
Council directed staff to attempt to facilitate negotiations between Attorney
Neimeyer, Attorney Filla, staff am Mr. Reili.n;J regarding the issues relating to
the Arden view Drive am Keithson Pond natters.
1991 lAW Mahowald moved, se=nded by Malone, to approve the 1991
ENFORCEMENT law Enforcement Services Agreement with the Ramsey County
SERVICES Sheriffs Department am authorize the Mayor am Clerk
. AGREEMENT Administrator to execute the agreement as presented. .
Motion =ied unanimously. (3-0)
. PERSONNEL ORD. Clerk 1\dministrator Berger explained this natter
REVISIONS must be P""sed by a fourth-fifths vote of Council am
suggested =ntinuance until January 1991.
Councilmember Malone suggested some minor amen::lmerrts to the ordinance:
Definitions: Part-time ~loyees working less than 20 hours per week; no
benefits a=ed. Regular Part-time employees working 20 hours per week am less
than forty hours per week will a=e benefits on a prorated basis.
Section 19-17. Unpaid leave of Absence. First paragraph, after Clerk
Administrator, add "am approval of Council". Also, se=n:i paragraph, change the
seo:>nd to the last sentence to read as follows: "ouri.n;J the first calen:Jar month
or portion thereof, duri.n;J which an employee began an unpaid leave of absence,
the employee nay elect to be =vered....
Council concurred to continue this natter to the next regular meeti.n;J in January
1991.
TEAM BUIIDING Council concurred to schedule a one-day Team Building
Session on January 26, 1991.
. ACKNOWLEDGE APFMI'. Councillnember Malone requested staff direct a letter to
OOROIHY MC CUJNG resident Dorothy McCllmJ, extending congratulations on
her appoinbnent to the newly-elected Governor's staff.
. . ~
Minutes of the Arden Hills Regular Council Meeting, 12-10-90
Page 8
MISCELLANEDUS ; eounci1lnelnber Malone noted the Fire Deparbnent Retirement
FIRE MEEI'ING & Fund meeting will be held 12-13.,.90, 7:30 p.m., at station
PUINNING SEMINAR No.2.
~ Malone re=mmerxie.d all appointees to the Planning Commission be notified of the
January 26, 1991, Planning Seminar, sponsored by the Ieague of Cities and r.aquest
they attend.
Malone questioned if there are any further Council meetings scheduled for
December .
'!he Clerk Mministrator advised there are no meetings for the remaiIXier of
December; the next meeting will be held January 2, 1991-
RCWD APPMr. Counci1lnelnber Hansen reported she i.nterviewed Arnold
Lindberg, a resident applying for appoi.ntment to the RCI'ID
Board, and she forwarded a letter of recommendation for his appointment to the
Board.
DIsaJSSION COUncil discussed taki.n:J a pro-active stance relative to
the prospect of adult theatres. No action on this matter.
RCLLG mG. eounci1lnelnber Hansen reported on the RCLIG Meeting to
be held 12-19-90.
TEMPORARY SIGNS Counci1lnelnber Malone questioned if permits were issued
for temporary signs at the Iroport J:usiness on Grey Fox
Road and for Coe;t Oltters in Shannon Square.
. Deputy Clerk Ia~o advised neither J::usiness applied for a permit. Iaga stated she
will contact botjh J::usinesses regarding the signs.
Malone asked ~ pr=edure for handling such COI1'plaints on the weekerrls when the
Code Enforcement!. Official and staff are not available.
'!'he Deputy ClerJt. stated she will contact Commander Bergeron and di""'llSS options
for enforcement 'of such matters.
cx::l-!MITI'EE Clerk Administrator Berger requested Councilmembers
REAPPOINIMENI'S suJ:mit to staff names of eomrnittee members interested
in reappointment in 1991.
, ADJOURN Malone IOOVed, seconded by Mahowald, that the meeting be
adjourned at 10:15 p.m. Motion carried unanimously. (3-0)
Gary R. Berger Nancy K. Hansen
Clerk Administrator Acting Mayor
~ NOI'ICE OF ME:E:I'$
i
'!he next: Regu1cur Council Meetin;J will be held on Wednesday, January 2, 1991, at
5:00 p.m. i