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HomeMy WebLinkAboutCC 08-14-1967 . MrNUTES OF REGULAR COUNCIL MEETiNG Vii lage of Arden HI I Is Monday, August 14, 1967 - 8:00 p.m. Cail to Order Meeting was called to order by Mayor Nethercut at 8:00 p.m. . Roll Ca II Present - Mayor Nethercut, Trustees Hollenhorst, Crepeau, Olmen and BJorndahl. Absent - None. Also Present - Village Attorney Vincent P. Courtney, Village Engineer Donald Lund, Village Treasurer Wo~th G. Read, Planning Commission Chairman L. Brodie, Admin. Cle~k Lorraine Stromquist and Deputy Clerk Florence Honan. Approval of Minutes The minutes of the Regular Council Meeting of July 31, 1967 we~e approved as amended. The minutes of the Special Meeting of July 13, 1967 were approved as amended. PUBLIC HEARING - Case no. 67-4 Mayor Nethercut read the rezoning request applied for by Mr. Norman Moshou, to rezone from R-2 to R-3 the following described property: The South t of the Northeast 4 of the Northwest 4 of Section 33, Township 30, Range 23, except the ~Ight of way of the St. Croix Falls Improvement Co., now Northern States Power Co., and except the property conveyed In 862 Deeds 368 and except the easement shown at 321 Miscellaneous 573. Mr. Moshou's purpose for the rezonln~ Is to allow the const~uc- tlon of an apartment complex on the above described property which Is located at County Road E and New Brighton Road. Mayor Nethercut then outlined the procedure to be fol lowed during the hearing: . I. Attorney Courtney w~li give the legal background of tha request. 2. Mr. Jones and applicants presentation. 3. Report and recommendation from the Planning Commission by Chairman Larry Erodle. 4. Open floor for statuments of approval. 5. Open floor for stataments of disapproval. 6. Applicant's replies. Attorney Courtney. informed the audience that the application had been filed In March of 1967; the new Zoning Ordinance was not in effect until April, 1967. The applicant had an option to proceed under the old Ordinance No. 18 or the new Zoning Ordinance No. 99; He chose to proceed under the old ordinance, which requires rezoning, Instead of a special use perm I t. He stated that the factors the Counc!1 could consider In their action are the use of the land and whether the land Is suited to muitlple dwej!lngs and the nature of the apartment pian - It would be appropriate to consider ~oth phases at tils time. Based on the Municipal Planning Act, wUch states there must be a 2/3 vote, this Council must have a 4/5 vote of the Council tol 'I~. ~ Mr. Norman Moshou, the applicant, was present as were his attorneys RIchard Jones and Jack Chestnut. Mr. Pink represented the architectural firm of Glngo!d-Plnk. ~r. Carlson was present to represent Bor-Son, the contractor. -1- Minutes of Regular Council Meeting - August J4, 1967 - continued . Mr. Chestnut stated that the detailed plans had been presented previously to the Planning Commission and the Council. He feels the project is worthy of the community. He aiso showed a Village map showing that this area was proposed for high density at one stage of Village development. Mr. Jones presented the exterior plans of the complex by exhibit- Ing a colored sketch placed on a holder for audience viewing. He said the area consists of 20 acres from New Brighton Road and abuts Tony Schmidt Park; the adJoining southwest corner, which Is In New Brighton, is zoned commercial; directly north of the area Is a pig farm. Therefore, he feels the area for the proposed rezoning Is not a most desirable area for Ind.vldual homes. Mr. Jones stated he felt there Is a need for apartmen in the vii lage and believes the project will Improve the area; he stated that the area Is leeally located so as not to cause any traffic problems. Mr. Jones stated that the assessed valuation of the completed comp~ex would be between $2,700,000 and 3,000,000 and that the School Olstrlct would receive $90,000 annually In taxes. The exterior construction would be of brick and stucco with good qua~ity construction. Each of the three buildings will consist of 6 effIciency, 48 one-bedroom and 24 two-bedroom apartments and rent from $130 to $200 per unit. Mr. Jones stated there will be parking spaces for 371 cars. Mr. Carlson stated that a berm will be constructed to screen parked cars from nearby homes and that only the third stories of the buildings will be vIsible from County Road E. A dairy store Is Included In the plans, but this would be eliminated if the CouncIl so desires. The construction cost will be $11.00 to $12.00 a square foot, which he feels Is comparable to the homes In the area. Mr. Jones stated that Arden Hills has a very good building Inspector, Clay Kelley, and Is sure the construction will con- form to the recently adopted building code. L. Brodie, Chairman of the Planning Commission, read from the Planning Commission minutes dated August I, 1967, giving the reasons the Commission Is recommending denial of the rezonIng request: . I. Mu!tlpie family structures of the size proposed by the applicants would be Inconsistent In Its . ~ entirety with the adJoln!~g,!and use In that the ~ proposed site of the multiple housing development Is contiguous to single family residences. 2. That the Commission felt that a rezoning of the property to R-3 Multiple Dwelling would not alUow for the proposed dairy store and that the Commission would be asked to rezone a portion of the property commercial In accordance with the plans submitted by the applicants and the Planning CommIssion was of the opinion that the area should not have such spot zoning to accomodate commercial development. 3. That the apartment structure or structures wll~ Isolate fewer than ten sIngle family homes. 4. That It Is not the policy of the Planning Commission to encourage apartment proJects that will In any way be detrlmentaU to the genera! welfare of the community or present any actual hazard to safety, health, or nearby property values. Said consideration such as the architectural style and general appearance of the proposed apartment projects were a consitieratlon but 3~a ~Qt the sols ,justlficati0n for the denial of the proposed apartment building. The Planning Comm!sslon feels that the proposed plans show no attempt to create a project meeting the general residential standards for architectural design, sits planning, structural -2. Minutes of Heg. Council Meeting - Aug. 14, 1961 - cont. quality and population density now prevalent In Arden Hi lis. . 5. According to the facts glvon to the Planning Commission by the applicants the Planning Commission feels that the proposed apartment proJect Is of such poor quality and/or design that there is reason to believe that vacancies may be extensive In the future due to competition from more properly designed projects and such poor quality In the structure or design will eventually lead to urban blight In the form of dilapidation, health hazards, fire and safety hazards, and other threats to the pu~lj~ health, safety and general welfare. The Commh~slon further felt that the designed features of the proposed apartment project are clearly Incompatible with existing single filmi I; atructure,5i'adJacent and near to the proposed apartment de~~~opment. The Commission felt that there was not,J~pwn In the application sufficient building setba~ty>; landscaping, screen fencing and the like In the apartment projects to properly separate a multiple dwel ling of the proportion proposed by the applicants from single family-homes. 6. In general in the past the Planning Commission feels that the adJacent property has been used for single faml~y home construction and It does not feel that tbe applicants have demonstrated that apartment usage or multiple dwelling usage of the land Is equal to or better than single family usage. Other comments as the meeting continued were concerning the additional traffic. It was felt that the present roads are not adequate to handle such traffic. . Comments from Public Edward Schraut, 1810 Lake Lane, questioned the drawing - quality not defined. Mr. Carlson: strict requirements and regulations are required and a performance bond will be given to the Village. Mr. Pink: (inaudible) Mr. Moshou: Quality Is wrong track - maintenance should be the concern. L. J. Gillespie, 1889 Grant Road, $11.00 a square toot for the gross area? Mr. Carlson: this per foot cost is Thos. Ludlow, 1515 Edgewater Ave.: done with the undeveloped area structed later? Mr. Carlson: The property abutting Tony Schmidt Park wlnl be offered as a donation to the Village or the County, or developer will develop the area as a park. Donald Engle, 3964 Deilvlew Ave.: Are taxes a proper consider- ation for the Council? What are expenses to Vii lage for fire protection, pollee, etc? Mayor Nethercut: The Council will consider these matters. Donald Engle: Have the above questions been presented to either the Pianning Commission or the Council? Mr. Carlson: Analysis of this kind have been made by Bloomington and Edina and this information is available. Mr. Dale possibly has access to this Information. Roy Andsrson, 1910 Stowe Ave.: Presented to Mayor Nethercut a petition of opposition. Mayor Nethercut: We wlil consider the petition later - request- ing comments In support of proJect at this time. Hesldent, New Brighton Road: Co. Rd. E Is very narrow, the viaduct on New Brighton Road is also inadequate for heavy traffic. A service near this area wa~ objected to because of the traffic. Can't see this location for apartments - no sewer or water either. Ca~vln Westpnal, 3264 lake Johanna In Arden Hills, but place and Believes the character of the Resident: 00 we want Just minimum for each floor. questioned what - will there be was to be units con- Blvd.: Not against apartment qual rty should be studied. Village should be retained. standards or something better? -3- I~lnutes of Regu~ar Meeting of Council - Aug. 14, 1967 - cont. . Donald Chal"les, 1920 Jerro~d Avenue: In favor of rezoning; thi this could be located in an adjacent village and Arden HilJS residents would stili have to look at It. C~erk Lorraine Stromquist: Rose and Wilbur Milton, 3731 New Brighton Road, cal led In their approval of the rezoning, providing the complex Is of high quality. Mrs. Alfred Peterson, 3242 Lake Johanna Blvd.: feels very strongly that the village should be kept for private residences. Roy Anderson, 1910 Stowe Ave.: Had already presented the peti- tion opposing apartments and stated that It represented the majority of nearby residents. He stated that the proximity of the freeways Is not so. New Brighton Road is very narrow; the traffic would flow past a prime recreat!onal area In the village (Perry Park>. The pro- posed site for the development Is desirable for single family residents - consld&r the Perry Plat, which formerly housed goats, pigs and mink, there are now homes at this location In the S30-40 thousand class that are well main- tained. The area across the street from the proposed site, which is in New Brighton, is not zoned commercial as stated, but is being used with a special use permit. He believes apartment dwei lers lack pride In the surroundings; the recreational areas are already over extended. Mr. Anderson uulja~as the people In Arden Hills will absorb taxes rather than have apartments. Mayor Nethercut read the petition whIch stated "We, the under- signed property o~ner~ ?n~/0r resIdents of Arden Hills, are opposed to the construction of apartment type dwellings at County Road E and New Brighton Road. We hereby petition the Arden Hills Village Council to deny any permit for the construc- tion of apart~ent buildings at the above mentioned site." There were 91 signers to the petition. Ward Hanson, l538 Glenhlll Road: (member of the Planning Com- mission> Believes it !s not the policy of the Village to outlaw multiple housing; explained the difference between rezoning and special use. He stated that according to Village Planner Carl Dale, a berm Is not a cure-all. He also requested the Clerk to strike from the records Mr. Carlson's mention of the proposed zoning map as this was never adopted by the Council. Arthur L. Erickson, ~935 Grant Road: His home Is located 20 to 30 feet higher than the proposed site and would be looking at the tops of the buildings; does not believe Arden Hills should be compared with New Brighton. Arthur Geske, 1886 Gienpaul Avenue: New Brighton Is saturated with apartments, and their taxes are higher than ours. He believes these apartments would cause a traffic hazard as there are not sidewalks and the people would be walking In the streets to the beach, etc. Dr. Whiting, 1191 Tit ier Lane: What kind of an Image of Arden Hills do we want? This would start a precedent and he would like to have Arden Hills housing remain single fami I y. Victor Pomeranke, 2027 Glenpaul Avenue: Would like to see some nice apartment buildings In Arden Hills; would like to stay In the vii lage without maintaining a yard. Carl Christianson, 3122 Shorewood Drive: Taxes from apartments are not a Santa Ciaus to the Village; he worked as an assessor and has had experience with apartment owners In flnanciau dlfficultles requesting !ower valuations on their properties. Lawrence McGough. 1666 Lake Johanna Boulevard: Should have evidence That the ~tte is not suitable for single family residences. There I~ nothing In the old Ordinance binding quality; the construction cost per square foot has already dropped from $12.00 to Sli.OO. The proposed utility build- Ing Is not adequate for all the uses proposed. He believes Arden Hills has adequate tax base without apartments. . -4- Minutes of Regufar Counci I Meeting - Aug. ~4, !967 - cont. . Clerk Lorraine. Stromquist: Three obJections. A phone cali from Mrs. Brom, 1362 Skiles Lane; two letters - one from Titus S. Chennaux, 3473 Johanna Boulevard and the other from Donald E. Roach, M.D., 3979 Glenvlew Avenue. L. J. Gillespie, 1889 Grant Road: What about the vaulatlon of surrounding property and re-sale problems? William J. Benzick, 3337 Johanna Boulevard and Eugene Yates, 1838 Beckman Avenue stated the survey taken by the Arden Hills Jaycees showed that 92% of the entire village Is opposed to multiple dwellings. Mayor Nethercut returned the floor to Mr. Chestnut. Mr. Chestnut: Doesn't believe approvaD of this rezoning request will open any Pandora's box for further apartments. The Issue Is not quality of construction, but whether the property Is appropriate tor rezoning for multiple dwelling. He doesn't feel the applicants should be criticized for not having complete plans; the buildings will not be cheap and shoddy. Constructive criticism is welcome; construction plans are not necessary at this time. The degree of stucco has been lessened with brick, as suggested by the Planning Commission. He does not believe his previous statement concerning the zoning map should be stricken from the record since It was referred to as proposed; the only reason for mentIoning this was that at sometime this partlc- ul ular area was considered for high density. This proJect Is planned residential community, self contained, with Its own recreational area plus a dairy store, but the dairy store wi I i be taken out If the Council doesn't fe.1I It adds to the project. Mr. Carlson: AI! people presenting this project are responsible people. Mr. Chestnut: Thanked the Council and Planning Commission for their cooperation. Mr. BrodIe: Nothing more to state. Mr. McGough: Member of the Planning Commission, but Is speaking as an Arden Hills resident, commented on the exterior of stucco and brick, stating that stucco Is the cheapest type of exterior - the proposed exterior compares with the Mt. Airy and McNiel housing proJects. This proposed site is suitable for private homes. Morris Papenfuss, 1894 County Road E: Individual homes are on three sides of this proposed site. Mayor Nethercut declared the public hearing portIon closed(9:35 p.m. ) J Motion Trustee Hollenhorst moved denial of the request for rezoning Act +h~ nr"'nnn.c:~1 h",c: nn+ chnwn ct.llffl~_lAn+___r_A1u;.~n_f_nr_ rA7:onlna_~ . ~ Trustee BJorndahl expressed his opinion that the presentation was excel lent, and the people are entitled to their opinions. He stated that he is not opposed to apartments In Arden Hills, but If there Is any question as to the feasibility of multiple dwellings versus single family dwellings, that the property should be zoned for single famIly homes at t.ls time. The reason given for this site not being suitable for single family dwellings which mentioned the pig farm nearby, Is not a good one as this operation wi II not continue forever. r ~ '~ --'--:=;----nu' :tv, rau'., TQr ::lIng'" rom, ftyu"Vl',-rnS:J.- '-.VDI""'-'" "VB IV" horst agreed with the need for apartments, but feels strongly that this corner is desirable for single family homes. Trustee Olmen also agreed and stated that apartments should be In a buffer zone. Mayor Nethercut stated that problems In certain areas may exist In the present land use plan. He concurs with the Council on denial; which does not Imply that there wll! be no multiple dwellings In the Village at any time. Motion carried unanimously. -5- Minutes of Council Meeting - August 14, 1967 - continued REPORT OF ATTORNEY COURTNEY RidQewood Road DrainaQe Contract Attorney Courtney reported that the contract between the Village and Rosetown Sanitation is In proper form, but the bond does need another signature; he recommended approval, sUbJect to the Vl'lage Engineer's approval. He will write a follow-up letter on the matter. .. Engineer Lund reported that the matter had been checked by tae Engineer, and he also recommended approval. Trustee Hollenhorst moved approval of the contract In the amount of 52,306.00, to the Rosetown SanItatIon Co. with comp~etlon of the work to be by August 25, 1967; seconded by Trustee Crepeau; motIon carried. Skelly 011 Co. - Request for Special Use Permit Attorney Courtney reported that he now has the required owner- ship report for the pubJlc hearing regarding the request of Skelly Oil Company to construct a service station at the corner of Red Fox Road and Lexington Avenue. However, he has some questions concerning this report, so will write to the Planning CommIssion regarding further procedures. The public hearing could be held at the next Planning Commission meeting If all matters are In order. Oak Wilt Ordinance - Second and Final ReadlnQ Attorney Courtney read the Oak Wilt Ordinance, Incorporating the recommendations of the Parks and Recreation Committee. Attorney Courtney will Insert In the Ordinance the statement that this Ordinance does not apply to the white or burr oaks, as suggested by Trustee BJorndahl. Trustee BJorndahl answered questions from the audience with the following Information: wood plies from diseased trees already In existence have already done their damage, so are not considered In the Ordinance; the white and burr oaks are sUbJect to the disease, but cannot spread It as the red oak does; the disease spreads during the months of April and May and trees are resistant In the fall. Therefore, the deadline for the removal of diseased trees Is March i. The survey will start shortly after August 23; only the red oaks will be marked with yellow paint by the survey crew. Trustee BJorndahl moved that the rules be waived and the second and final reading be given to an Ordinance providing a program for the prevent~on of oak wilt disease in the Village of Arden Hills and providing penalties for violation thereof; seconded by Trustee Crepeau; motion carried. . County Ditch No.4 Floyd Snyker, Ramsey County Engineer's Office, and Roger Short, Banister Engineering Co., were present to expQaln to Interested residents and the Council the Improvement of County Ditch No.4. Mr. Snyker displayed a map of the ditch as constructed In 1906, which Rosev~' Ie now proposes to improve. He described the plan for the box culvert between Lake Johanna and Little Lake Johanna. They hope not to disturb the banks of adJoining property property, but it wl!1 probably be necessary to taper into the existing ditch. Rlprap will prevent erosion. The improvement wll! be the entire portion of the dltch;only the box culver+ In ~n Arrl..,,....., H:.~.~"... T...... II k I I ' . . . .~~ I ,., ~ ~h!~ !j"-~l us ~.a'~pu:..:;;s on rain fall; most of the year this Is below normal. The normal !evel Is 877.5 and the County has been pumping water Into Lake Johanna to manntaln this !evei. The VllUage would have to work with the Conservation Department to control the outlet of the water. -6- , . Minutes of Counc!l Meeting - August 14, 1967 - continued Robert McNlesh, 3447 SIems Court, submitted a written request asking for assurance of the lake ieve~ before council approval Is given to the improvement. Mayor Nethercut and Trustee Hollenhorst both agreed that the outlet should be consIdered with the same Improvement. . Roger Short recommended this particular matter of concern be made known to Ramsey County and also to the other villages Involved. Mayor Nethercut read a letter from Rosevllle stating this box culvert !s to be constructed to prevent damage to Arden Hills property The Mayor also read a reply from Mr. Turnlund, Rosevil ie Administrator, to a letter from Don Reloux, 3209 Shorewood Drive, which stated agreement to Mr. Reloux's requests about repiacing the fance, landscaping, etc and assuring completion of the culvert by the contractor this fall with a minimum amount of Inconcenlence to the residents. Roger Short stated that, In his opInion, a reasonable construction time would be 60 days. Trustee Crepeau moved approval of the plans as submitted for the Improvement of CODnty Ditch No.4; seconded by Trustee BJorndahi. At the recommendation of Trustee Holienhorst, Trustee Crepeau accepted an additIon to the motion to Include that Rosevi~le Include in It~ contract with the contractor the completion of the culvert work within 60 d.a,ys-.at'ter commenclna work; motion incflud.lng lI~dttlon seconded by Trustee BJorndahl; 1Ttotton carried. Lake Johanna Out[et Control Trustee Crepeau moved that Banister Engineering Company be authorized to make a preliminary study of the outlet problem of Lake Johanna and advise on precedure; seconded by Trustee Hollenhorst; motion carried. REPORT OF ENGiNEER LUND Lake Josephina Outlet Trustee Holienhorst moved to authorize Banister Engineering Co. ~ describe an easement to be acquired by the Village on the Thomas Lynch property, 3210 North Hamllne, and also to refer the matter of acquisition procedure to Attorney Courtney; seconded by Trustee BJorndahl; motion carried. t Twin City Trailer Park~nerator Engineer Lund submitted a written report, dated August 14, 1967, which outlined discrepancies regarding the Incinerator which the Twin City Trailer Park requests to install. Trustee Crepeau moved approval of the Installation of the Incinerator in the Twin City Trailer Park subJect to approval of the Planning Commission and the Engineer; seconded by Trustee Hol!enhorst; motion carried. Villaqe Hall ParkinG Lot Engineer lund reported that the plans and specifications for the Improvement of tha Village Hall parking lot will be ready by Thursday as will the notice for bids. The cost of the proJect wil! be about $2800.00. Matter tabBed untlU the next Council meeting. DrainaGe Project - Lake Josephine Trustee BJorndahl moved that a public hearing be held on September Ii, 1967 at 8:00 p.m. concerning the Plan B, which consists of covering part of the ditch from Fernwood Avenue to Lake Josephine, and authorize the preparation and publica- tion of the notice of said hearing; seconded by Trustee Crepeau; motion carried. -7- . . . . MInutes of Council Meet!r-g - August 14, 1961 - contInued REPORT OF TRUSTEE HOLLENHORST PlanninQ Commission ReslQr-atlon Mayor was requested to send a letter of appreciation to Bert Schutta who has resigned from the Planning CommIssion, effective August I, 1961. REPORT OF TRUSTEE CREPEAU . Condemnation Matter Trustee Crepeau moved, as recommended by Dr. Farkas, that Attorney Courtney commence condemnation proceedings on property located at !624 Lake Johanna Blvd.; seconded by Trustee Hollenhorst; motion carried. REPORT OF MAYOR NETHERCUT Metropolitan Transit Commls"Jon The Mayor submitted a check In the amount of $48.23 from the Commission which represents the Village's share of unused monies. REPORT OF AOMiNISTRATIVE CLERK LORRAINE STROMQUIST Sunday LIquor License Application Trustee Crepeau moved the application from the Big Ten Supper Club for a license for Sunday on-sale liquor be tabled; seConded by Trustee BJorndahl; motion carried. Proposed Water Project Clerk to send copies to the Council of t~e Banister Engineering Company proposal for Engineering charges for proposed water project. Letter, dated July 25, 1967, from the DeC~ster Company, request- Ing consideration In the water study to s~rvice their property lying east of 5TH 51 and south of Red Fox Road. Matter referred to Engineer Lund. Ad.lournmen1. Meeting adJourned at 11:59 p.m. ~-r~ Robert E. Nethercut Mayor Ld". ~ Lorraine Stromqulst Administrative Clerk -r I , -8-