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HomeMy WebLinkAboutCC 09-26-1994 . . .e . . . . . . .e . . . . . . . .e . MINUTES CITY OF ARDEN HILLS, MINNESOTA REGULAR CITY COUNCIL MEETING September 26, 1994 7:30P.M. - New Brighton City Hall CALL TO ORDERlROLL CALL Pursuant to due call and notice thereot; Mayor Probst called to order the regular City Council meeting at 7:32 p.m. Present: Mayor Probst; Councilmembers Beverly Aplikowski, Dale Hicks and Paul Malone. Also present were: City Administrator, Dorothy Person; Community Planning Coordinator, Brian Fritsinger, City Accountant, Teny Post; and Recording Secretary, Deanne Gueblaoui. ADOPT AGENDA MOTION: Malone moved and Aplikowski seconded a motion to adopt the agenda for the September 26, 1994 City Council meeting as submitted. The motion carried unanimously (4-0). APPROVAL OF COUNCIL MINUTES - AUGUST 31. 1994 WORKSESSION AND SEPTEMBER 12. 1994 REGULAR COUNCIL MEETING Angust 31, 1994 Worksession: Page 2: Person stated that Congressman Vento's title should be added. Page 2: Staff must be moved to the same site. Page 4: Under agenda item No.4, TCAAP Video, it should state that the Council agreed the video would be worthwhile as an informational project. It will be part of the evidence of the City's efforts to include the public input and outside communities in the planning for TCAAP. September 12, 1994 Council Meeting: Page 5: Hicks last paragraph should read: Hicks stated that there is a 14-foot center turn lane, 12-foot traffic lanes and two 7-foot pedestrian paths. Page 5: Malone stated that in the third-to-the-Iast paragraph should read that striping one lane eastbound to Old Snelling and two westbound lanes. The westbound lanes would be striped one lane to approximately Old Snelling at which point it would become two lanes. I I .- I I . I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - SEPTEMBER 26, 1994 2 Page 7: Person stated that City Engineer Maurer's name was missing an "r". Page 8: Malone stated that since we are redoing our meter system, the St. Paul system should be integrated with the City's system. Page 8: not Hicks. Hicks stated that the question about parking at Freeway Park was from ApIikowski, MOTION: Hicks moved and Malone seconded a motion to approve the minutes of the August 31,1994 Council Worksession and the September 12, 1994 regular Council meeting, as corrected. The motion carried unanimously (4-0). CONSENT CALENDAR Post stated that in regard to sealcoating the Lexington trail from T.H. 96 to County Road F, Shoreview has obtained a firm price of$2,650. Malone asked if the work will be done this year. Post stated that it is scheduled to be done during the upcoming week if the weather is warm. MOTION: Hicks moved and ApIikowski seconded a motion to approve the Consent Calendar and authorize staff to execute all documents necessary thereto. The motion was nnanimously approved (4-0). VOLUNTEER RECOGNITION - RESOLUTION 94-45 Mayor Probst stated that this week is "National Cities Week." Although there has not been an extensive program at City Hall, the City's volunteers are being recognized. Mayor Probst read the following resolution in recognition of Arden Hills volunteers: "WHEREAS, the City of Arden Hills has had projects of Beautification and Public Service for public and private land areas in the City, WHEREAS, the dedication of the volunteers has resulted in ongoing enhancements to the City of Arden Hills; WHEREAS, the volunteers have shown dedication in serving the Community through advisory committees, commissions and elections; WHEREAS, the Arden Hills City Council sets aside the week of September 25th as National Cities Week to recognize those who have given their services to the City of Arden Hills and its citizens; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: that the City Council of Arden Hills recognizes the following volunteers; commends and thanks them I I Ie I . I . . . 'e . . . I . . . .e I ARDEN BILLS OTY COUNCIL - SEPTEMBER 26, 1994 3 for their work and dedication [as a volunteer] that has gone above and beyond the average expectations of this City and its citizens. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS THIS 26TH DAY OF SEPTEMBER, 1994." Mayor Probst stated that 80+ people will be receiving the resolution of recognition. He cannot thank volunteers enough who have gone above and beyond the ca1l of duty. This is a small way the Council can show its appreciation. MOTION: Malone moved and Hicks seconded a motion to adopt Resolution No. 94-45. The motion was approved unanimously (4-0). Malone stated that for such a smaIl City with limited resources, the City would not be able to do half of what it gets done without the dedicated work from citizens who come and volunteer services. He stated that he joins the Mayor in thanking each and everyone. Aplikowski added that she has been very impressed that whenever she has asked someone to do an extra job, whether it be serving on a subcommittee or attending an extra meeting, she has never heard anybody say "no. II Everyone is more than willing to do more than is expected and more than their share. She thanked each and everyone and stated that she looks forward to working with everyone in the future. Mayor Probst presented certificates to: Tom Steele Dorothy McClung Arnie Delger Mary Gillies Dick Fregeau Melve Williams Marcella Sexton Jeanne Wmiecki Sushila Shah Dave Sands Finance Committee Park and Recreation Public Works and Safety Park and Recreation Public Works and Safety Election Judge Election Judge Planning Commission Chair and Election Judge Human Rights Committee Park and Recreation Committee Chair Mr. Dave Sand presented certificates for park and recreation programs recognizing members of the City who have donated time and energy making the City more beautiful. This is the fourth year the "Flower Power VoIunteersll have been recognized. The gateway areas and comers in the City have been planted beautifully. He is proud that Arden HiIIs has the kind of people who are willing to spend a percentage of their time to work on these gardens: Chris Knutson, Carl and Jeny Menke, Bill and Mary Gillies, Mr. & Mrs. Messerli, Debbie Andrews, Patty Fitch and family, Connie Johnson and Girl Scout Troop 139, and Terry and Brian Post. . . .- . . . . . . .e . . I I I . . .e . ARDEN HILLS CITY COUNCIL - SEPTEMBER 26, 1994 4 The individual businesses who took time to plant in front of their businesses were: Norwest Bank, St. Paul Book & Stationery, Ramada Inn, Arden Hills Amoco, MSI Insurance, TCF Bank and Mr. Movies. All the hard work everyone did is very much appreciated. Mayor Probst requested that a "Thank You" be written in the newspaper and put on Cable TV with a list of all the volunteers' names. DEDICATION AND SERVICE BY EMPLOYEES - RESOLUTION 94-47 Mayor Probst read Resolution 94-47 to recognize the dedication and service given to the City of Arden Hills by employees: "WHEREAS, the Employees of the City of Arden Hills are dedicated to excellence in service to the citizens of Arden Hills; WHEREAS, the City Council of Arden Hills wishes to recognize this dedication and service to the citizens; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Arden Hills, Minnesota: that there be established an Employee Recognition Committee for the Employees. This Committee will recommend the preferred method to provide positive recognition and feedback to Employees. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF ARDEN HILLS TIllS 26TH DAY OF SEPTEMBER, 1994." MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution No. 94-47. The motion was unanimously approved (4-0). Aplikowski asked what action will be taken on this resolution. Mayor Probst stated that the City Administrator will set up a committee. PUBLIC COMMENTS Mayor Probst asked if anyone wished to speak on an issue that is not on the agenda. There were no comments. I I Ie I I I I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCll. - SEPTEMBER 26, 1994 UNFINISHED AND NEW BUSINESS 5 APPROVAL OF ORDINANCE NO. 297: AMENDMENTS TO CHAPTER 18. ARDEN HILLS CITY CODE Fritsinger stated that this item is in regard to Section 18, Transient Merchants and Peddling. Earlier this year, in the process of amending this ordinance, the City Attorney recommended that further clarification be made in the ordinance. One recommendation was to define transient merchant and identi1Y specifically where they are allowed to do business. The following sections have been revised: Section 18-14(a) provides consistent changes of the word practices to signs. Section 18-14(d) clearly states that open sales lots are not allowed within the City of Arden Hills. The other reason for amending the full chapter of the ordinance is to make certain that it is consistent with the Municipal Code Book. He recommended the Council adopt the Ordinance 297, including the proposed amendments of Chapter 18, as recommended by the City Attorney. MOTION: Hicks moved and Malone seconded a motion to adopt Ordinance 297 to amend Chapter 18 of the City Code. The motion was IInanimously approved (4-0). CASE 94-22 - SITE PLAN REVIEW AND LOT CONSOLIDATION - ST. VOLODYMYR & ST. OLGA UKRAINIAN ORmODOX CHURCH REOUEST FOR SPECIAL USE PERMIT Fritsinger stated that the applicant is requesting a special use pennit to operate a house of worship in an R-I district. A house of worship is allowed in the R-I zoning district through a special use pennit. Submitted for Council's consideration is the site plan for the church and lot consolidation of the property reviewed and approved by the City (Case No. 90-11). There has been a delay in the construction, and the ordinance requires that the applicant have the project reviewed again. The P1anning Commkqion did review and unanimously approved the lot consolidation, site plan and SUP. The proposal has been scaled down from the one presented in 1990. In 1990, the City encouraged the applicant to acquire an adjacent single family residence property, which the church has done and is including in the lot consolidation. The property now consists of approximately 4.8 acres. Fritsinger stated that City regulations require 65% of the property to be landscaped, and this plan shows 64+%. Church officials are working with staff to achieve more landscaping and reduce parking spaces. The area is fairly level and wooded with many mature trees. Under the landscaping plan, the site would require approximately 43.5 caliper inches of landscaping. The applicant is planning a number of plantings in the plaza. A black spruce is planned for the entrance area, and Norway pines were added to the southwest comer to comply with the 43.5 caliper inch requirement. City Code allows 35 feet of height for a structure. When the domes and spires are completed on the church, it will be 90 feet in height. There is an exemption clause in the ordinance for church spires so these will be in compliance. There is a delineated wetland on the site and some encroachment. Rice Creek Watershed District has reviewed the plan and issued a permit to allow the encroachment. The City Engineer has also reviewed the plan and stated that other than the drainage easements, I I I- I I I I I I Ie I I I I I I I I- I ARDEN HILLS CITY COUNCll.. - SEPTEMBER 26, 1994 6 everything appeared okay. There will be no accent lighting for the domes and spires. Two outdoor signs are proposed, one at each entrance. All mechanical equipment on the roof will be located on the south side and will have a painted screen. Fritsinger stated that the existing drainage flows through pipes at the northeast boundary of the property. The runoff from Highway 96 at TCMP flows onto this site, into the wetland and is carried out through the North Heights Church drainage system by a series of existing pipes. In order to allow for drainage to flow under the proposed road, a new pipe is proposed. The City Engineer has reviewed the drainage plans and has no concerns other than to secure the easements for drainage. Fritsinger stated that MN/DOT has identified some issues. One is the runoffrate and flow control to make sure the pipe is of sufficient size to prevent any backup of water to the T.R. 96 ditch area. MN/DOT also has traffic concerns. The plan shows the same entrances as proposed in 1990, with a curb cut at the southeast comer and one on the north. There is a current median cut on T.R. 96, primarily to allow for left turns into the TCAAP property. Both MN/DOT and Ramsey County are concerned about traffic using that cut to turn left across eastbound traffic into the site. Ramsey County has encouraged staff to look at having the main entrance on Old Snelling. MN/DOT has indicated that they are willing to allow a right turn off ofT.H. 96 but no exit. Staffbelieves a right-in and right-out option would be appropriate. One of the difficulties in working with MN/DOT and the county is that T.R. 96 is scheduled to be turned back to Ramsey County by November 1, 1994. Staff was able to have representatives from both the county and MN/DOT look at the site, and no major problems were found. All of these issues must be resolved before a building permit can be issued for any construction on the site. Fritsinger reported that the Fire Department requested that the applicant prepare an area on the south side of the site to allow access for fire protection and emergency vehicles. The applicant has agreed to improve the south area of the site to a IO-ton capacity to accommodate emergency vehicle access. Fritsinger stated that the lot consolidation is necessary because of the number of variances which would be required otherwise. Staff is recommending consolidation at this time. Fritsinger stated that the last issue for consideration is park dedication. The subdivision ordinance does require park dedication. Based on past practice and using North Heights Church as an example, staff proposed that 10% park dedication be approved. The North Heights Church dedication was approximately 3/4 park and 1/4 wetland. In reviewing market value of the consolidation and park dedication, staff estimated that the park dedication is approximately $17,000. The City Council may consider the exclusion of the market value of the residential home which would reduce the fee to $7,200. The applicant had stated the park dedication requirements are unreasonable and would like further discussion on this matter. Fritsinger stated that the Planning Commission did review the proposal as presented and did unanimously recommend approval of the lot consolidation to operate a house of worship on this site, I I Ie I I I I I I Ie I I I I I I I I- I ARDEN HILLS CITY COUNcn. - SEPTEMBER 26, 1994 7 subject to the conditions identified in the City Planner's report. Hicks asked if the rationale for reducing the park dedication fee from $17,000 to $7,200 is the fact that a house is already existing on the site. Fritsinger stated that the reduction reflects just the market value of the land. The existing house is will stay on the property and, therefore, it is appropriate to include only the bare land value. Hicks stated that mention was made of an additional curb cut on Old Snelling Avenue and the one on the south end would be closed. He asked if the additional cut would be an alternative. Fritsinger stated that the curb cut identified by Ramsey County is an effort to get traffic away from nearby residences. When North Heights Church was approved, there was a similar requirement. Hicks noted surprise that Rice Creek Watershed District would allow this proposed encroachment on wetland. Fritsinger stated that under the wetland laws, there are a number of exemptions which still apply. In this case, the applicant has shown Rice Creek Watershed District the intention to complete a project that was approved under the old laws. Malone asked if an alternate exit to the east will be built. Fritsinger stated that the applicant is still proposing the current exit as part of the site plan. His earlier comments reflect Ramsey County's position. He believes the ordinance requires a 35- to 45-foot setback from that intersection. Malone stated that the design is good, and he would like to see it come back as it has been originally proposed. He asked if it is correct to say that the westbound traffic will not be allowed to turn left and cross the eastbound traffic to enter the site. Fritsinger stated that because of the median cut, it could be allowed with proper signage. MN/DOT recommends a "right turn only" into the site at this intersection and "no exit" to eliminate traffic turning across the highway. The proposed plan does prohibit left turns across T.H. 96, but because of the median cut it would be difficult to enforce. Malone noted that traffic exiting North Heights Church turns left to go west on T.H. 96. He believes this median cut and the one by North Heights Church may be closed in the future. Fritsinger stated that may be the reason why Ramsey County is encouraging access from Old Snelling Avenue. Aplikowski asked the size of the congregation and capacity of the new building. I I Ie I I I I I I Ie I I I I I I I .e I ARDEN HILLS CITY COUNCIL - SEPTEMBER 26, 1994 8 Mr. Oleg Gregoret, 950 Lombard Avenue, St. Paul, stated that he is the architect for the congregation and Chairman of the Building Committee. At the present time there are 80 families in the church. They are counting heavily on this new church to attract members from two other congregations in the Twin Cities. The church is designed for 150 seats and a parish hall for 300 people. The greatest number of people estimated to be on site at anyone time is 300. Hicks stated that he would like to see more elevation on the opposite side of the courtyard. Mr. Gregoret stated that the church is designed with a hemispherical dome with half of a wall. Hicks asked the applicant's reaction to the recommendations made by Ramsey County. Mr. Buhajenko stated that this is the first time they have seen the report. The church's position is that access from T.H. 96 is necessary for people coming from St. Paul or Minneapolis on 1-35W that then would come down T.H. 96 and would be able to make a right turn into the church. They would be leaving on Old Snelling or by a right turn onto T.H. 96. Church officials have not been counting on the median cut being available to the church in the future. Hicks asked how many private residences are located on the east side of Old Snelling Avenue adjacent to this property. Fritsinger answered that there are only two or three and are located on large lots. Hicks stated that the county engineer's recommendations are to minimize the impact of traffic. MN/DOT and county representatives have initially looked at the site, but no final recommendations have been given, only their initia1 reactions. The main thing is to keep traffic away from the Highway 96 intersection. Aplikowski stated that she does not see any problem with the original design using the present curb cuts. Any place one goes to church is in a residential area. She can see the benefit of using the access from T.H. 96 and would hope it can be worked out. MOTION: Hicks moved and Malone seconded a motion to approve Case No. 94-22, Site Plan Review and Lot Consolidation for the Ukrainian Church, and special use permit, subject to the nine points stated in the Planning Commission minutes, dated September 7, 1994. Discussion: Mayor Probst stated that the right-of-way exists currently and the Planning Commission is encouraging the applicant to pursue the release of that right-of-way to become part of the church property. Hicks agreed to withdraw that condition as part of the motion. The motion was unanimously approved (4-0). I I I- I I I I I I Ie I I I I I I I I- I ARDEN IIILLS CITY COUNCIL - SEPTEMBER 26, 1994 9 The Pastor of the church thanked the Council on behalf of the church members for supporting their plan. Many people from Minneapolis are waiting for this church because there are only three churches in the Twin Cities area. His people are an ethnic minority but already there is a generation born here who are committed to this church. He thanked the Councilmembers again, blessed them and invited them to the consecration of the church next fall. Hicks noted that even after recalculating the park dedication to the reduced amount, church officials would like to negotiate an amount that would be even less. He stated that he believes the $7,200 amount is reasonable. All Councilmembers concurred on this position. Fritsinger stated that the church officials would like to see the wetland applied to that formula to reduce the amount further, as was done for North Heights Church. Hicks stated that he recognizes the precedent but does not believe the Council should consider the same action that was an error in the past and continue it into the future. Aplikowski asked what the amount would be if the wetland were taken into consideration. Fritsinger stated that he did not have the exact square footage. The Project Architect has stated he believes the dedication could be reduced to almost the full 100%. Aplikowski stated that she agrees with Hicks' position. While there may be a small window for negotiation, in her mind it would be very small. Hicks stated that because the wetland is totally contained on the church property and the usual benefit of a wetland is primarily for the residents as a park or place to attract water fowl and wildlife. He would recommend that no credit be given for the wetland. CASE NO. 94-19 - ZONING ORDINANCE AMENDMENT AND APPROVAL OF ORDINANCE 299 Fritsinger stated that this item is related to the earlier discussion of transient merchants and how the zoning ordinance addresses open sales lots. Since a definition is not included in the land use chart, the ordinance is interpreted to mean that open sales lots are not permitted within the City. For the pmposes of clarification and consistency between ordinances and City Code, retail sales on open lots are not allowed in Arden Hills. The definition of retail sales does not include open sales lots. This revision was reviewed by the Planning Commission at their July meeting and unanimously approved. MOTION: Malone moved and Aplikowski seconded a motion to approve Case No. 94-19, and adopt Ordinance 299, as amended, with direction to staff to publish snmmaries of Ordinance No. 297 and No. 299. The motion was unanimously approved (4-0). . . .- . I I I I I Ie . . . . . . . .e . ARDEN HILLS CITY COUNCIL - SEPTEMBER 26, 1994 10 ADMINISTRATOR COMMENTS Person stated that the City has completed a one-year review of the 1993 north water tower restoration project. An amount of $6,977. 13 was held until completion of the final punch list of items. Mr. Winkel and the consulting engineers are in agreement that the work is completed satisfitctorily and would request that final payment be released to Odland Protective Coatings, Inc. MOTION: Malone moved and Aplikowski seconded a motion to authorize final payment to Odland Protective Coatings, Inc., in the amount of $6,977.13, for completion of the water tower restoration work. The motion was approved unanimously (4-0). Person reported that staff is working with PDI on job evaluations in the City. A finaI report should be available within a few weeks. Also, ordinance codification is being updated. Any changes will be submitted to the Council for review. The majority of changes in the first three chapters are adminilltrative and related to licensing. While not extensive, some discussion will be needed. Person stated that October 10 is a holiday (Columbus Day) which is not mandatory. She asked if the Council would like to meet on that regular meeting day or change the meeting date. It was the consensus of the Council to meet on October 10, 1994, as scheduled. Person noted the scheduled worksession date is October 20, 1994, and the second regular Council meeting is October 31, 1994. Malone asked if the October 31 Council meeting could be moved to October 24, 1994. After some discussion Councilmembers agreed to hold the Council meeting on the regularly scheduled night of October 31, 1994, and move the worksession meeting date to Tuesday, October 18, 1994, at 4:30 p.m. in the City public works building. MOTION: Malone moved and Hicks seconded a motion to schedule the worksession meeting for October 18, 1994, at 4:30 p.m. The motion was unanimously approved (4-0). COUNCIL COMMENTS Malone asked if the changes in the codification process include all deletions from code, such as the personnel section into policy. Person stated that staff is working on the details of this process. Aplikowski stated that it is frustrating to look for papers at the Council meeting and not have all of the appropriate papers. She wondered whether there was a better way to organize and decrease unnecessary paper. Person stated that within the last couple of weeks staffhas been looking at other city councils and how council packets are organized. She is conducting a review of various cities' approach to packet information and organization. I I I- I I I I I I Ie I I I I I I I Ie I ARDEN HILLS CITY COUNCIL - SEPTEMBER 26, 1994 11 Mayor Probst referred to Cable TV information re: legislative changes needed. Malone suggested that the City Cable TV representative, Mr. Sand, may be able to give the Council an update of the recent laws and the future of Cable TV. Garritt Lysiak has been asked to act as the technical Cable advisor and may be able to assist also. Mayor Probst reported that at the Mayors' meeting on crime in the metro area, there was discussion about juvenile crime and establishing uniform curfews in every city throughout the metro area. He encouraged staff to make sure the City is in conformance with that regulation. Fritsinger stated that he received a telephone call on that very issue. The person calling encouraged the City not to participate in that process because it is the respoJlSlbility of the parents, and setting curfews is ridiculous. Aplikowski asked if the City has a curfew. Person stated that the City does have an ordinance for a curfew, which is fairly consistent with neighboring cities. The Sherifl's Group has been working on that issue for a couple of months in all of the northern suburbs. Mayor Probst stated that he received a mailing from Ramsey County inviting the City to participate in the "no net loss of park lands" program. Mayor Probst urged Counci1members to endorse the resolution. MOTION: Mayor Probst moved and Hicks seconded a motion to endorse the Ramsey County resolution regarding no net loss of park lands. The motion was approved unanimously (4-0). Mayor Probst commended staff for the effort in putting together a training manual for Counci1members. It will be valuable to pass on to new committee members to acquaint them with a wide range of issues that are going on in the City. Mayor Dennis f?Probst ved and Aplikowski seconded a motion to adjourn the meeting at 8:52 p.rn. ously approved (4-0). ~4?~ City Administrator NOTICE OF MEETINGS The next regular Council meeting will be held October 10, 1994, at 7:30 p.m., at New Brighton City Hall.