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HomeMy WebLinkAboutCC 02-14-2000 e . . MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING FEBRUARY 14, 2000 7:30 P.M. - ARDEN HILLS CITY COUNCIL CHAMBERS CALL TO ORDERlROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:33 p,m, Present: Mayor Dennis Probst, Council members Beverly Aplikowski, David Grant, Gregg Larson, and Lois Rem, Absent: None. Also present were City Administrator, Joe Lynch; City Accountant, Terrance Post; Public Works Director, Dwayne Stafford; Associate Planner, Nancy Randall; Parks and Recreation Director, Thomas J, Moore; Recreation Program Supervisor, Michelle Olson; City Attorney, John Miller; and City Engineer, Greg Brown, BRW; and Recording Secretary, Lori Rolfson. ADOPT AGENDA MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to adopt the agenda for the February 14,2000, regular City Council meeting. The motion carried unanimously (5-0). APPROVAL OF MINUTES A. January 31, 2000 Regular Council Meeting Councilmember Grant requested the following changes: On page six, last paragraph, the last line should read, "..,comments had been made that there are no drainage issues..." On page 10, tirst paragraph, the second line of the tirst sentence should be changcd to read, "...a softball field and two soccer field!>." The second sentence ofthis paragraph should be changed to read, "Because one of the soccer tields overlap the softball tield, it will not be possible..." With regard to the last paragraph on page 10, Councilmember Grant believed that the walk over bridge mentioned in the third sentence was referring to a small walk over bridge for the trail and not a cross over bridge across the street Councilmember Larson stated that the bridge being discussed within this paragraph pertained to a small bridge that crossed the ditch on the west side of Old Snelling Avenue, Mayor Probst concurred and suggested the third sentence of this paragraph be amended to read, "...a walk over bridge that crossed the ditch that would line up..." Councilmember Grant stated that on page 15, second paragraph, second sentence, the name Ms. Kunkel should be changed to Mr. Kunkel. On page 18, third paragraph, last line, the property should be changed to his property, . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 2 Councilmember Larson requested the following changes: On page three, last paragraph, the fourth sentence should be changed to read, "He did not feel comfortable at this point with abandoning the project." On pagc 12, second paragraph from the bottom, second from the last sentence, Lake Valentine Road should be changed to McCracken Lane. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve the minutes of the January 31, 2000 Regular Council Meeting, as amended. The motion carried unanimously (5-0). CONSENT CALENDAR A. Claims and Payroll B. Resolution #00-06, Establishing the Fee Schedule for 2000 C. Water Quality Task Force, Appointment of Wilhelm Reindl, 1 233 Ingerson Road 0, Resolution #00-09, Resolution Approving Bingo Hall License Renewal Application, Pot 0' Gold E. Resolution #00-10, Resolution Approving Saint Mary's Charitable Gambling Bingo Hall Premises Permit Renewal Application F. Resolution #00-11, Resolution Approving North Suburban Youth Association Charitable Gambling Bingo I-Iall Premises Permit Renewal Application G. Resolution #00-12, Resolution Approving Circle Pines/Lexington Lions Club to Conduct One-Day On:Site Gambling Mayor Probst asked that item F, Resolution #00-11, be removed from the Consent Calendar and added as the first item under Unfinished and New Business, MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve the Consent Calendar, as amended, and authorize execution of all necessary documents contained therein. The motion carried unanimously (5- 0), PUBLIC COMMENTS Mayor Probst invited those present to come forward and address the Council on any items not already on the agenda, There were no public comments. UNFINISHED AND NEW BUSINESS A. Resolution #00-11, Resolution Approving North Suburban Youth Association Charitable Gambling Bingo Hall Premises Permit Renewal Application Mr. Post stated that during the application period, the City received two Premises Permit applications for the Big Ten Supper Club location: one from the 621 Foundation, the other from the North Suburban Youth Association, A signed lease from the owner of the establishment accompanied both applications. Before having Council consider this as an agenda item staff requested a written statement from Big Ten Supper Club owner John J, Welsch as to which of the . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 3 two signed leases he was going to accept as valid. Mr. Welsch had indicated that his intention was to lease space to the North Suburban Youth Association and not to the 621 Foundation. Mr. Post stated that City Attorney Miller had reviewed the letter and had some comments for the City Council to consider. Mr. Miller stated that the City is aware that the 621 Foundation believes that they have a valid contractual obligation which entitles them to use the same premises that is being applied for by the current applicant. Therefore, the City Council was in the position of issuing a premises permit to an entity which mayor may not have rights to the premises. Mr. Miller stated that the City Council should not be in the position of making a legal determination of which lease is valid. Mayor Probst requested confirmation that two leases were signed and the Big Ten Supper Club has indicated which entity they are prepared to enter an agreement with. Since the role of the City Council was to approve the requested premises permit, he suggested that the most appropriate course of action would be to delay the approval of the permit until the parties involved have resolved clearly who will be leasing space at the Big Ten Supper Club, Mr. Miller concurred. He stated that delaying action on this request will allow the City Council to receive additional information and raise their comfort level in order to make a final decision at a future City Council meeting. Mr. Robert Matson, North Suburban Youth Association, stated that his organization has operated at the Big Ten Supper Club for a number of years, The Association did receive a signed lease from Mr. Welsch; however, Mr. Welsch has also signed another lcase with the 621 Foundation. Mr. Welsch informed Mr. Matson that he had not intended to sign the lease with the 621 Foundation and prcferred that the North Suburban Youth Association continue operating at the Big Ten Supper Club. The signed lease, along with other necessary documentation was submitted to the City and Mr, Matson believed that this was a valid application to be acted upon by the CounciL If the application is not acted upon this evening, the gambling operations at the Big Ten Supper Club will have to be shut down until the entire process is repeated with the State of Minnesota, Mr. Matson stated that he could see no reason for the City Council to dclay action on the premises permit allowing the Association to continue doing business in a normal manner. He noted that the gan1bling operation meets the City requirements and has made contributions to the community over the last two years of more than $147,000 mmually, much of which was donated to School District 621 projects, Mayor Probst expressed concern that two signed leases exist and if the City were to award the premises permit this evening and thc lease agreement was overturned, he was not certain what would happen, He felt that the best course of action would be to delay action on this request until the next City Council meeting, by which time the parties involved will hopefully have resolved the lease issue. Mr. Matson noted that the premises permit application has been at the City for two weeks and he had not been contacted by the City requesting additional action on his part. He indicated that the 621 Foundation believed that thc North Suburban Youth Association must give up the site, however, he has informed them that he has no intentions of giving up the site since they are legal . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 4 tenants with a signed lease. He indicated that the State of Minnesota has given him a deadline of February 15,2000 to present the signed premise permit, lease and Resolution to the State, in order for the Association to be re-licensed in a timely maimer. Councilmember Aplikowski stated that she understood the ramifications of charitable gambling operations being shut down if action is not taken this evening. She did not understand why the owner of the Big Ten Supper Club signed two leases, She notcd that only one signed lease was included in the agenda packet this evening, and if the intent was for her to make a determination based on the matcrials in front of her, she could not see what the problem was. Mr. Post stated that he had not included a copy of the lease for the 621 Foundation, however, a copy was available, Councilmember Aplikowski noted that the City received a letter from Mr. Welsch which superseded the lease signing. She felt that this was not a problem for the City Council to work out Rather the problem was between the 621 Foundation and the Big Ten Supper Club. If the owner of the Big Ten Supper Club was willing to state in writing that his intcnt was to sign the lease with the North Suburban Youth Association, she could see no reason for the City to delay action, She felt that if the organization was forced into shutting down for any period oftime it would cause problcms, Councilmember Larson asked what initial communications had taken place between the Big Ten Supper Club and the 621 Foundation and if a request had been submitted to the City from the 621 Foundation asking that the Council not take action on this premises permit application, Mr. Post stated that the 621 Foundation approached the City with a premises pernlit application in early January with a signed lease dated December 23, 1999, At a later date, the North Suburban Youth Association approached the City with a similar premises permit application. At that time, the City had two premises permit applications for the same facility, Mr. Post had contacted Mr. Welsch and informed him that the City could only act on one of the applications. I-Ie asked Mr. Welsch to provide a written statement regarding which application should be forwarded to the City Council. Mr. Welsch provided the City with a written statement on February 9, 2000 which was included in the agenda packet Councilmember Larson asked if the City has had any further communication with the 621 Foundation beyond receiving the application, Mr. Post stated that the 621 Foundation had requested information Irom City staff regarding which application would bc on the agenda, Mr. Post informed the 621 Foundation that he was unwilling to forward cither application to the Council until the City reccived direction from the property owncr, Councilmember Rem noted that the City Council approved a gambling premises permit for the 621 Foundation at the last Council meeting, She asked where that gambling operation will be located, Mr. Post stated that the previous application approved by the City Council for the 621 Foundation was a Class A permit to conduct bingo operations at the Pot 0' Gold Bingo Hall. The application before the Council this evening was for a Class B permit for pull tab, tip board, and raffle operations at the Big Ten Supper Club, Councilmember Rem requested confirmation that the 621 Foundation can have more than one premises permit Mr. Post stated that this was correct ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 5 . Councilmember Grant asked if the Big Ten Supper Club or the North Suburban Youth Association was legally responsible for bringing the application to the Council. Mr. Miller stated that the applicant was responsible for submitting the application to the City, The facility owner's role in the application process is to have a signed lease agreement with the applicant. Councilmember Larson asked, ifthe City Council were to take action on this request and there was a dispute that arose between the two parities as to who was entitled to have the premises permit for this facility, would the City be vesting the applicant with greater rights by this action, Mr. Miller stated that, from the City's perspective, the dispute would be over the rights to the premises, not the license. He did not believe any action by the Council would vest rights as to whose lease was valid. Mr. Matson stated that if the parties' attorneys cannot agree upon the lease dispute, the City Council would not be the body to make that determination, Rather, the dispute would be decided in a court oflaw, He did not fecl that action taken by the Council would jeopardize the process. . Mayor Probst stated that if the dispute does progress, the City Council would not want to be a party to those discussions. He was frustrated by the fact that this issue should have been resolved prior to the applications being submitted. He indicated that he does not have any problems with the North Suburban Youth Association operations whose contributions to the community have been admirable, However, the 621 Foundation could offer information on what they have contributed as well. He would prefer that the parties resolve this issue and a new application be submitted to the City for approval. He noted that the fact that the deadline for action by the applicant was at hand was not a situation created by the City Councilor statT. Councilmember Rem stated that she understood Mayor Probst's concerns, however, she had assumed that the situation had been resolved by staff having Mr. Welsch submit a written statement regarding which application should be submitted to the Council. She noted that there was no information in the agenda packet from the 621 Foundation indicating their interest or intention to pursue the situation, Ms. Sharon Fitzgerald, 621 Foundation, stated that the 621 Foundation submitted to the City the lease signed by Mr. Welsch and the premises permit on January 4, 2000, At that time, she had been under the impression that all the necessary paperwork had been submitted, She felt that if additional information was required, the City should have informed her of this. She stated that the 621 Foundation was still very much involved in the dispute and are still pursuing a premises permit, . Council member Aplikowski reiterated that the City Council was currently considering one premises permit, not two. Based on the information she was provided, she will vote in favor of the North Suburban Youth Association's request for a premises permit this evening, She added that she has not been contacted by the 621 Foundation and the agenda packet did not include a letter from the Foundation expressing their intentions. Ms. Fitzgerald reiterated that all the paper work was submitted to Mr. Post on January 4, 2000, Councilmember Aplikowski stated that this paper work was superseded by the letter from Mr. Welsch indicating his intention to lease space to the North Suburban Youth Association, Ms. Fitzgerald agreed, however, she pointed out that she docs have a signed contract with the Big Ten Supper Club dated December 23, 1999. ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 6 . Councilmember Aplikowski stated that this issue was not related to the request currcntly being considered by the Council and must be taken up with the owner of the Big Ten Supper Club. Councilmember Aplikowski asked Ms. Fitzgerald if she has been in contact with Mr. Welsch regarding this action, Ms. Fitzgerald stated that she has been, Councilmember Aplikowski asked if Mr. Welsch had informed Ms. Fitzgerald that he had changed his mind. Ms. Fitzgerald statcd that Mr. Welsch has informed her several times that he was changing his mind, Councilmember Larson asked Ms, Fitzgerald if she was concerned that her relationship with Mr. Welsch may make it difficult to operate at the Big Ten Supper Club. Ms, Fitzgerald stated that this had been considered and that Mr. Welsch has been approached gently, Shc noted that the Big Ten Supper Club would coHect the same amount of rent from either organization. AdditionaHy, as late as last week, Mr. Welsch had informed her that he would express no preference as to who would lease the space. Councilmember Larson asked if the expectation at that time was that the City would make the decision of which organization would receive a premises permit. Ms. Fitzgerald believed that this was the case, Mr. Matson stated that Mr. Welsch had expressed a preferencc in pursuing the North Suburban Youth Association application, At no time did Mr. Welsch ever state that he did not care who would lease the space, . Mayor Probst noted that Mr. Welsch was not present at the meeting and he could not understand why Mr. Welsch would have signed two leases when he intended to commit to only one organization. He reiterated his position that it was not the Council's role to be the arbitrator of the situation, Councilmembcr Aplikowski asked what would happen if the North Suburban Youth Association was granted the premises permit and did not prevail in the lease dispute. Mr. Matson believed that his operation would have to leave tlle Big Ten Supper Club and there would be a transition period for the transfer oftlle license to the 621 Foundation. MOTION: Councilmember Aplikowski moved and Councilmember Rem seconded a motion to approve Resolution #00-11, Approving North Suburban Youth Association Charitable Gambling Premises Permit Renewal Application at the Big Ten Supper Club, Councilmember Larson stated that this was a difficult decision to make since both organizations contribute to the community. He would feel more comfortable approving the premises permit if the Resolution was amended to state, "THEREFORE, BE IT RESOLVED, based on the presumption of a valid lease agreement between the Big Ten Supper Club and the North Suburban Youth Association, that the City of Arden I-IiHs agrees,.." He felt that this would make it clear that the City was acting on the assumption that the owner of the Big Ten Supper Club has a valid lease agreement with the applicant. If that is not the case, the request must be brought back before the CounciL . Councilmembers Aplikowski and Rem agreed to the amendment to the Resolution. . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 7 Cowlcilmember Larson noted that if the North Suburban Youth Association must shut down and loses revenue, this would be a loss for children in Arden I-lills. It did not make sense to him for the applicant to lose revenues during the dispute process. Mayor Probst stated that he would not support the motion based on his previously stated reasons. The motion carried (4-1, Mayor Probst opposed). B. 2000 Street Improvement Project, Appointment of Task Force Based on the decision made at the January 31, 2000 City Council meeting, indicating a desire to formulate a group to review the 2000 Street Improvement Project, Mr, Lynch offered the following perspectives and comments for consideration. Mr. Lynch stated that the group was originally declared to be a task force, however, it is generally the expectation that a task force will function for some length of time, but eventually work itself out of ajob, A proper title may be the Ingerson Road Improvement Group. This would signify that the group's main focus is the Ingerson Road Improvement Project, and is limited in a time frame to bring forth a recommendation on that subject only. Mr. Lynch suggestcd the following charge for the group: "To determine the scopc of a road improvement project for the Ingerson neighborhood," This would enable the group to be clear that some determination will need to be made about the scope of the road improvement project in the Ingerson Road neighborhood, or a recommendation would be brought forward that no road improvement should occur in this neighborhood at this time. With regard to the makeup of the group, Mr. Lynch stated that the City received 13 applications from residents, Eight of the applicants live directly on Ingerson Road, one lives on Hamline Avcnue North (which is not in the proposed project area), and one is the Executive Director of the Littlc Brothers, Friends of the Elderly, who is not a resident of the structure. An application was received from one resident on North Hamline Avenue that would be impacted by the proposed project and one resident on Carlton Drive, Mr. Lynch proposed that no more than five residents of the affected area be appointed, with no more than two from Ingerson Road. The two residents on Ingerson Road could be from both ends of the project and could represent the other residents that have indicated a desire to participate in this group, Mr. Lynch recommended that two staff be appointed to the group, Mr. Greg Brown, the City Engineer, and Mr. Dwayne Stafford, the Public Works Director. He also recommended that two City Councilmembers be appointed to the group in order to achieve balance in representation from the City Council, and avoid the appearance that one appointed Council representative could be persuaded by the residents to help support their proposal. Mr. Lynch proposed a three month schedule for the group to return recommendations to the City Council with the final decision being made by the Council at the May 8, 2000 regular Council ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 8 meeting, This would allow the Council to consider a project properly, and order plans and . specitications, with bidding to be done before November 1,2000. Mr. Lynch stated that Mr. Brown had provided a list of the issues that the group should try to address and issues that the City Council may want to consider non-negotiable, Mr. Lynch stated that the City Council needed to determine some basic elements of the project that would need to be considered to bc final determinations, such as that the road must be repaired, and those that the Council would be flexible on and consider alternatives, such as whether the road repairs should be an overlay or include a complete road reconstruction. Mayor Probst encouraged Council support ofMr. Lynch's letter that outlined the issues that should be addressed by the group, With regard to the charge to the group, Mayor Probst suggested that the word "determine" be changed to "evaluate and make recommendations regarding" He noted that it was the City Council's responsibility to make the final determinations and he did not want to imply that the recommendations made by the group will be final. Mayor Probst stated that he generally agreed with the recommendations regarding the makeup of the group. He suggested that Councilmembers Larson and Grant represent the City Council. He also suggested that one member each from the Planning Commission and Operations and Finance Committee serve on the group in order to provide a broader perspective, . Mayor Probst stated that it was important that the group include a broad mix from the neighborhood and suggested that the two residents not residing on Ingerson Road that would be affected by the project be appointed to the group. He recommended that Ms. Linda Swanson serve as the group's Chair and that two additional residents from Ingerson Road be included in the group. Mayor Probst felt that the proposed schedule was very optimistic and suggested the timeframe be doubled. Couneilmember Rem agreed with the moditieations as suggested by Mayor Probst. Due to the length of Ingersou Road, she suggested that four residents from Ingerson Road, in addition to the Chair, be appointed to the group, She noted that the group meetings will be open to the public which will allow others from the neighborhood to comment and share information, Although Therese Cain is not a resident of the neighborhood, Couneilmember Rem stated that she should be eligible to represent the group since she has expressed interest and the Little Brothers, Friends of the Elderly represents a significant amount of property. Couneilmember Rem also agreed that the review timeline should be extended. Couneilmember Grant stated that the review of the project will most likely take at least six months, With regard to the notion that the group meetings be puhlic and open to other residents for comments, he felt that this could result in the group being too large. He suggested that the group establish a method to report progress back to the neighborhood. . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 9 . Councilmember Aplikowski stated that she did not agree with extending the timeline. She noted that the group was not being asked to redesign the project, just to review the project and make recommendations. She felt that the longer the group takes, the less able the City Council will be to move forward with a road improvement project next year. She had no issues with the proposed makeup of the group. Councilmember Larson stated that he supported the Mayor's and City Administrator's suggestions. However, he too was concerned about the group moving forward as quickly as possible. He noted that the dates proposed by Mr. Lynch were not binding and if it takes longer than the proposed three months then so be it. He felt that the purpose of the group was to exchange information and he expected that, after this process, the City staff will make a recommendation to Council. He hoped that the recommendations by staff would be agreeable to the neighborhood group. If at the end of the process, staff s recommendation is not acceptable to the neighborhood group, he would expect that the group would come forward with their own recommendations. Councilmember Larson stated that he did not have strong feelings about the membership ofthe group and he felt that the representatives of the neighborhood should select who they want to serve. He agreed that Ms. Cain should be allowed to serve on the group if the neighborhood supports her. He noted that Ms. Cain's organization represents a significant portion of the assessment and they have an interest in the project in the same way as any other business would. . Councilmember Grant asked Mr. Brown if a six month timeline would allow enough time for bids to go out this year. Mr. Brown stated that since the project would not begin until 2001 , a six month timeline would be acceptable. Mayor Probst suggested that the Council agree on a charge and deal with the makeup of the group in order to take action. He indicated that the City Council does not have to command a schedule, however, the group should be aware of a timeline and hopefully the group will honor the schedule in order for the proj ect to move forward. Councilmember Larson asked what the intent of Council action would be. Mayor Probst stated that all City committees are appointed by the Council. He felt that approving the charge was important in order for the group to understand what the expectations ofthe Council are. Additionally, the Council should identify names of members. If there is a desire to add people, or members resign, this could be dealt with periodically. Mayor Probst stated that the role of the two Councilmembers appointed to the group, as well as staff, should be as liaisons to pm1icipate in discussions but not as voting members. Councilmember Rem asked if the representatives from the Planning Commission and Operations and Finance Committee would be voting members of the group. Mayor Probst suggested that these individuals serve as voting members. He felt that a Planning Commissioner could bring perspective having dealt with a number of issues throughout the City. Additionally, the Operations and Finance Committee has dealt with assessment issues many times and a representative from this Committee could be helpful. . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 10 MOTION: Councilmcmber Aplikowski moved and Councilmember Larson seconded a motion to approve the following charge for the Ingerson Road Improvement Review Group: "To evaluate and make recommendations regarding the scope of a road improvement project for the Ingerson neighborhood." The motion carried unanimously (5-0). . MOTION: Councilmember Aplikowski moved and Councilmember Larson seconded a motion to approve the makeup of the Ingerson Road Improvement Review Group to include: . Two City staff members, Mr. Greg Brown, City Engineer and Mr. Dwayne Stafford, the Public Works Director. . Two City Councilmembers, Councilmembers Larson and Grant. . Five residents ofthe neighborhood. . One representative from the Operations and Finance Committee and one representative from the Planning Cormnission. The motion carried unanimously (5-0). Councilmember Aplikowski asked Ms. Swanson if she was willing to serve as Chair for the group. Ms. Swanson stated that she was. Councilmember Aplikowski suggested the following names for representation of the neighborhood: . . Ms. Linda Swanson, 1124 Ingerson Road . Ms. Christine Peterson, 1112 Carlton Drive . Mr. Richard Hanson, 3254 North Hamline Avenue . Ms. Therese Cain, Executive Director, Little Brothers, Friends of the Elderly . Mr. Phillipa Lundquist, 1111 Ingerson Road Mr. Stafford noted that none of these residents represented the lower end of Ingerson Road. Councilmember Rem suggested that Ms. Dorothy Vawter be included in the group. Councilmember Aplikowski asked if the number of residents should be increased, or if one of the names should be climinated in order to add Ms. Vawter to the group. Councilmember Larson suggested that rather than the City Council selecting the neighborhood representatives, the list of interested residents be given to the group Chair in order for the group to determine who will serve. Councilmember Grant agreed. Ms. Swanson asked how many residents, in addition to herself~ should be included in the group. Councilmember Aplikowski suggested that the group be made up of five residents, including Ms. Swanson. Mayor Probst suggested that the City Council appoint Ms. Swanson as Chair of the group and, once the neighborhood representatives are selected, the Council can appoint these individuals under the next Consent Calendar. . MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to appoint Ms. Linda Swanson as Chair of the Ingerson Road Improvement . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 II Review Group and for Ms. Swanson to present the City Council with a list of four additional residents to serve on the group. The motion carried unanimously (5-0). Ms. Swanson asked when the list of residents should be submitted to the City Council. Mayor Probst stated that the list should be submitted to the City to allow the Council to approve the list at the February 28, 2000 Regular Council meeting. Councilmember Aplikowski suggested that the first meeting of the group be held as soon as possible following the appointment of the residents. Ms. Swanson asked if it would be acceptable for the group to meet prior to the formal appointments by the City Council. Mayor Probst stated that this would be acceptable. C. Pay Request #4, Ardeu Manor Park/McClung Drainage, Nadeau Utility, Inc. Mr. Brown explained that payment request #4 for Nadeau Utility, Inc. represented work completed at Arden Manor Park. The Contractor installed the new picnic shelter in January. With this, the contractor has substantially completed the work at Arden Manor Park. The only remaining items are a few cleanup/restoration items to be completed in the spring. The Contractor has a few minor punch list items to complete the McClung Drive ditch portion of the project which will be accomplished in the spring. Mr. Brown advised that the City Engineer recommends the City Council approve pay estimate #4 in the amount of$9,321.83 to Nadeau Utility, Inc. A retainagc of 5 percent is being held for the project. Mayor Probst asked Mr. Stafford ifhe was satisfied with the progress of this project. Mr. Stafford stated that he was. Additionally, the amount of retainage has been determined to be sufficient. MOTION: Councilmembcr Larson moved and Councilmember Rem seconded a motion to approve pay estimate #4 in the amount of$9,321.83 to Nadeau Utility, Inc. A retainage of 5 percent is being held for the project. The motion carried unanimously (5-0). D. Planning Cases I. Case #00-01, Bethel College, 3900 Bethel Drive, Speelal Use Permit Amendment (Master Plan), and Site Plan Approval for Reereational Area Ms. Rmldall explained that the applicant was requesting approval of an amendment to their special use permit for Bethel College by updating the Master Plan, and Site Plan approval for an athlctic complex. This item was tabled at the January 31, 2000, Regular City Council meeting for the February 14,2000, City Council meeting. . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 12 Staff met with Dan Solar from Ramsey County Public Works and received written comments and a drawing pertaining to the tramc at the Bethel College entrance (Exhibit B). Staff has also ineluded 1998 traffic counts from County Road E to County Road E2 (Exhibit C). Ms. Randall presented the drawing of the proposed layout of the intersection and the road beyond the intersection. She noted that for northbound traffic, the road widens to two lanes south of McCracken Lane. For southbound traffic, the road reduces to one lane prior to McCracken Lane. The proposed traffic signs would inelude three crosswalk signs. Ms. Rmdall stated that the design of the roadway had been worked on over the last three years in conjunction with City staJI, Bethel College and Ramsey County. The City staffaJ1d representatives of Bethel College have since left. Ramsey County was open to moditications of the roadway md intersection, however, the County feels that the proposal will adequately serve the intersection. Ms. Randall presented the proposed lmdscaping plan. Mayor Probst asked what landscaping shown on the plan was new and what was existing. Ms. Randall stated that alllaJ1dscaping on the plan would be new. She explained the locations of the existing vegetation. Mayor Probst asked if the trees along the west side of the tennis courts currently exist. Ms. Randall stated that those trees would be added to the site. Ms. Rmdall stated that the City of Arden Hills currently has a natural trail that enters across the Bethel College property. The City owns the property along the west side of the Bethel property for the trail, however, when the trail was constructed it was not all placed on City property. Staff has reviewed the existing trail and recommends the trail remain in its currcnt location (except for a slight modification around the proposed tennis courts). Relocating the trail to the City property location would require removal of several trees. Bethel College has stated that they are comfortable with the trail remaining on their property. Staff would recommend a trail easement be drafted by Bcthel College and granted to the City for the trail to remain in approximately the same location. Staff had drawn on paper the approximate location of the existing trail md a proposed relocation tor the trail (Exhibit E). A neighbor has placed several stakes on the property indicating property corners, City property, Bethel property and the tennis courts. The stakes are elose, however, are not accurate. Bethel College has also marked the areas and there was a five to seven foot difference in the northwest corner of the tennis courts. Bethel College has provided staff with additional information on the proposed use of the West Athletic Field Complex and potential pedestrian traffic (Exhibit F). Ms. Randall advised that the Planning Commission recommended approval of Planning Case #00-01, Special Use Permit amendment and Site Plm Review, conditioned on: 1. 2. Execution of a new Special Use Permit Document 00-0 I, Dedication of a trail easement for the existing trail to be prepared and recorded by the applicmt and approval by statf Compliance with the height ordinance for structures. o ~. ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 13 4. . 5. 6. 7. 8. 9. 10. 11. 12. Compliance with requirements of the Shoreland Management regulations. Rice Creek Watershed District approval. Compliance with the Lighting stmdards of the Zoning Ordinance. No lighting bc erected tor the ball fields and tennis courts. The sewer be extended and the bathrooms be changed to a permanent structure. Add six pine trees at 45 degree angles to each other on the City property, east of the seven pinkspire crabapple trees. The parking lot lights be controlled by a timer and be turned off one hour after sunset. The applicant provide staff with a revised lighting plm lor the parking facility providing options for lower lighting, for final review by the City Council. Review the turn lme requirements with Ramsey County. At the January 31, 2000, City Council meeting there was some discussion about modifYing the motion by eliminating condition number eight and modifYing condition number II to allow for the lighting plan to consist of four 20-foot poles with a 3-foot footing. Councilmember Aplikowski asked how wide the strip of City property was. Ms. Randall stated that the northern portion of the City property was 20 feet wide. The southern portion was more than 100 feet wide. With regard to the Ramsey County proposed layout of the intersection, Mayor Probst asked if the addition of a median islmd, similar to that used at Tony Schmidt park, had been discussed. He felt that such an island would provide a refuge area in the middle of the road for pedestrians crossing the street md assist in the demarcation of the north and south bound lanes. Ms. Randall stated that this may be possible since Ramsey County was open to reviewing other options. . Council member Rem believed that the issue of an island had been brought up and the reason it was not considered was due to the number oflanes at the intersection. Ms. Rmdall stated the ability to inelude an island would be dependent upon how wide the island would be. She noted that additional pavement was being added to the southbound shoulder. She suggested that the Bethel College engineer discuss the amount ofroom available for an island. Councilmember Rem noted that the southbound side of the road is currently used by pedestrians and asked if space will be available for a pedestrian trail at the entrance, or if the shoulder will take up the majority of this space. Ms. Randall noted that the shoulder will not be a right turn lane and at this time, thc shoulder is not paved as wide as being proposed by Ramsey County. Therefore, the added pavement will allow room for bicyclists and pedestrians. Councilmember Rem confirmed that a southbound right turn lane was not included in the plan. Ms. Randall stated that, although this was correct, Ramsey County was not opposed to the addition of a right turn lme. Councilmcmber Rem noted that if a right turn lane was added, pedestrian access to the complex would be difficult. Mr. Boyd Paulu, 3782 McCracken Lane, noted that the proposed layout of the roadway moved the current left turn conflict at Bcthcl Drive back to McCracken Lme. He indicated that southbound traffic wanting to turn right onto McCracken Lane will be in the through traffic lane. He felt that the two lanes of traffic should continue to McCracken Lane rather than being reduce north ofthe intersection. . ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 14 . Mayor Probst noted that many requests have been made to slow the traffic down in this area and he believed that reducing the four lane traffic down to two lanes would have this affect. Additionally, the addition of an island, similar to Tony Schmidt Park, would serve to further slow down the traffic. Mr. Paulu stated that, from a traffic engineer's point of view, this would not be an appropriate area for traffic calming. Councihnember Aplikowski stated that she was opposed to the idea of a median islmd since she felt that it was uffilecessary. Additionally, my thing less thm two laJles in each direction on Old Snelling Avenue will cause traflic back-up problems. She would prefer two lanes in both directions with turn lanes when necessary. With regard to the pedestrim crossing at the Bethel College entrance, she felt that the college students should be responsible enough to deal with the cunent layout. Councilmember Grant asked Councilmember Aplikowski if she felt that the roadway and intersection should be left as is. Councilmember Aplikowski stated that this may be what she was suggesting. She indicated that she drives this road everyday md there was more through traffic than traffic turning into Bethel College. Councihnember Larson stated that he liked the idea of a mediaJl island. He remained concerned that \vith the number of turns at the intersection, and the amount of pedestrim traffic, an accident will occur. An island would allow apedestrim to stop in the middle of the street if necessary. He was also concerned that there be enough shoulder area to allow for pedestrian and bicycle traffic. . Councilmember Grmt stated that reducing Old Snelling Avenue to one lane prior to McCracken Lme would preoccupy drivers at the McCracken intersection. Additionally, the proposed layout did not include a dedicated left turn lane onto McCracken Lane for northbound traffic. Mayor Probst stated that the CUlTent traffic counts did not support a four Ime roadway. He suggested that the road could be three lanes with the middle lme being a dedicated turn lane. He felt that this would be a safer condition than the current layout of the road. Mr. Brown statcd that Mr. Solar had agreed that a three lane roadway would be safer. However, Ramsey County would not wmt to restripe the road without seal coating. Councilmember Grant requested confirmation that Ramsey County would be restriping part of the roadway, however, they do not wish to restripe the entire length. Mr. Brown stated that this was correct. Councilmember Rem stated that a median island should be considered for pedestrian safety. Councilmember Aplikowski disagreed. She felt that center islands historically cause more accidents. . Ms. Randall noted that the reason the entire roadway was not being restriped was Bethel College would be responsible for the restriping. Mr. Bruce Kunkel, Vice President for Campus Services, Bethel College, stated that an agreement was made for Bethel College to pay to have to current striping removed and Ramsey County would perform the restriping. He indicated that Bethel College was concerned with the safety of the roadway md there were many opinions regarding ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 15 what will and will not be safe. He noted that Ramsey County will make the ultimate decisions . on the layout of the intersection and roadway. Mayor Probst pointed out that three to four years ago, County Road E from Old Snelling Avenue to Snelling Avenue had been four lanes. Since then, this stretch of roadway had been restriped with one lane each direction md a middle turn lane. This has lowered the speed of traffic and has made it easier for residents to turn onto the road from their driveways. With regard to the proposed lmdscaping, Councilmember Rem stated that it would make sense for the screening to be added between the residences and City trail/tennis courts. Mr. Frederick Boude, 370S Chatham Court, stated that he was unconvinced that restriping the roadway will resolve the current unsafe condition. He indicated that the current striping on County Road E is ignored. He felt that something else should be done to reduce the speed of traffic and make the situation safer for the students, such as stop signs. Mr. Paulu stated that he disagreed with the depiction of the existing trail location. With regard to the screening of the residential properties from the tennis courts, he would prefer that the trail be run closer to the tennis courts and for the screening to be placed on the residential side of the trail. . Councilmember Grant noted that there was a five foot elevation difference between Mr. Paulu's property and the tennis courts. The proposed pine trees could be located higher up on the hill to allow more room for the trail and spectators at the teffilis courts. He asked if consideration had been given to running the trail along the tennis courts. Mr. Kunkel stated that, since the trail was originally meant to be on City property, Bethel College would prefer that the trail run as close to City property as possible. He indicated that Bethel College did not want spectators to stand on the trail aJld be in the way of pedestrians using the trail. He stated that Bethel College would prefer to move the trail to the west md was willing to include screening on the City property, as previously discusscd with City staff. Mr. Jay Pomeroy, Project Designer for Bethel College, noted that the trees shown on the landscape plan were shown in their approximate locations. With regard to the layout of the trail, he indicated that it was difficult at this time to detcrmine the exact current location due to the snow cover. Mr. Pomeroy noted that islmds in the roadway had previously been discussed and it had been decided that the island would have to be approximately 10 to 12 feet. Councilmember Larson agreed with the suggestion that the trail be run on the east side of the cottonwood tree in order for screening to be placed on the residential side ofthe trail. Additionally, he would prefer more vegetation on the east side of the soccer fields. He noted that the Council had considered eliminating the need for permanent restroom facilities md the cost savings could be using to add vegetation on the hillside to screen the fence along the ball fields. . An unidentified audience member stated that he was concerned about the use of temporary restroom facilities. The restroom facilities will be elose to wetlands and only a few feet from ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 16 . residential property with children. He did not agree with the reasoning that just because other City parks use temporary restrooms, this park should do the same. Mr. Jeff Hohenshell, 1632 Chatham Avenue, stated that since the proposed complex will have space for 250 spectators, he too was concerned about the temporary restroom facilities. He noted that the Plarming Commission had recommended permment restroom facilities aJ1d he urged the City Council to consider this recommendation for aesthetic, health, md safety reasons. Mr. Michael Coopet, 1636 Chatham Avenue, stated that he visited the Bethel College site last weekend with Councilmember Grant. He noted that he will have a direct view across the proposed ball fields. It was his understmding that the existing buffer from the roadway will be removed which will result in light and noise pollution. He suggested that the entire west edge of the wetland area bc lined with large pine trees in order to protect the residences from noise and lights. He also supported the idea of permment restroom facilities. With regard to traffic issues, Mr. Coopet stated that he was confused about what the ultimate results will be. He agreed with Councilmember Aplikowski that two lanes each way should be provided. He drives this roadway every day and felt that reducing the lanes of traffic will be problematic. Although slowing traffic down may be necessary, there must also be a flow of traffic. He felt that Bethel College and the City should take a step back md review the situation. . Mr. Coopet asked why the City Council has not asked the residents to present the City with a mitigation plan. He stated that Bethel College was trying to cram too much into a small area. He felt that Bethel College should be compelled to come forth with an alternative plan that the City could seriously consider and decide which plan would be the best for all involved. At the beginning of this project, Bethel College invited the residents to comment on the plms. However, no substmtive changes have been made. Mr. Coopet stated that there were maJ1Y issues md problems that must be solved with regard to the intersection as well as the design of the plan aJld how it will affect the residents. He asked that the City Council seriously consider tabling or rejecting the proposal until a serious independent traffic engineering study is completed. Mr. Pomeroy noted that the athletic complex had first been developed when the project was to be a joint effort with the City of Arden Hills and the current plaJ1 was based on the early concepts. He indicated that one major change to the plan was to move thc tennis courts faJ1her from the City property. Additionally, infiltration aJ1d mitigation ofthe wetlands was added and safety issucs have been addressed. He indicated that Bethel College would be willing to develop additional landscaping along the fence as suggested by Councilmember Larson. Mr. Coopet suggested that a citizen group be formed to help make final decisions. He felt that issues brought up by the residents had not been taken into consideration by Bethel College. Mayor Probst noted that the proposal had been through the Parks md Recreation Committee as well as the Plaffiling Commission. He believed that the proposal has had a thorough review. . Mr. Corbin Kristufek, I 640 Chatham Avenue, stated that when this project was proposed as a joint effort with the City, Mr. Fritsinger had informed him that it was too early for the residents ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 17 to comment since there was not a plan in place. Now, a plan has been submitted without other options to consider. He agreed with Mr. Coopet that no substantive changes have been made to the plan to address the neighborhood concerns. He added that the mitigation of the wetlands will remove the existing buffer from the roadway. With regard to the proposed restroom facility, he felt that the permanent complex should be provided with permanent restrooms. . Mr. Hohenshell urged the City Council to deny this request until Bethel College submits a credible and complete plan. He stated that the community is frustrated that Bethel College has not been negotiating in good faith. He noted that information regarding the use of the complex and traffic had only been supplied this evening md had not been shared with the residents. He felt that Bethel College has not properly addressed pedestrian safety md asked that the City Council allow the residents a chance to have their concerns taken into account. Councilmember Grmt asked what the elevation differencc was from the soccer fields to Old Snelling Avenue. Mr. Pomeroy stated that the soccer fields were approximately seven feet higher than the road. Councilmember Grant asked how elose the restroom facility will be to the nearest property line. Mr. Pomeroy stated that the restroom facility will be approximately 170 feet from the closest property line. Councilmember Grant agreed with the suggestion of screening between the soccer fields md Old . Snelling Avenue and lmdscaping along the wetlands md Mr. Paulu's property. Councilmember Larson stated that an additional reason he did not support permanent restroom facilities was that the building would have to be expanded in order to accommodate handicap facilities. He felt that given the limited use of the facility, permanent facilities were not warranted. He suggested a condition be added to the proposal that there be adequate screening so that the restroom facilities are not visible to the residents or Old Snelling Avenue. MOTION: Councilmember Larson moved and Councilmember Aplikowski seconded a motion to approve Planning Case #OO-Ol, Amendment to the Special Use Permit (updating the Master Plan) and site plan review (for the park facility), conditioned on: 1. 2. , ~. 4. 5. 6. . 7. 8. Execution ofa new Special Use Permit Document 00-01. Dedication of a trail easement for the existing trail to be prepared and recorded by the applicmt and approval by staff. Compliance with the height ordinance for structures. Compliance with requirements of the ShoreJand Management regulations. Rice Creek Watershed District approval. Compliance with the Lighting standards of the Zoning Ordinance. No lighting be erected for the ball fields and tennis courts. Add six pine trees, at least eight feet tall, at 45 degree angles to each other on the City property, east ofthe seven pinkspire crabapple trees. ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 18 . 9. 10. 11. 12. 13. The parking lot lights be controlled by a timer and be turned off one hour after sunset. The lighting plan to consist offour 20-foot poles with 3-foot footings. Review the turn lane requirements with Ramsey County. The temporary restroom facility be completely screened from views on all sides. Trees, equivalent to the number of new trees being plilllted on the north and west sides ofthe tennis courts, be divided and placed on both sides of the soccer fields. 14. The City trail be aligned on the west side of Bethel College property around the cottonwood trees to allow screening on the west side of the trail. 15. Ramsey County be asked to install aJl islillld at the intersection of Bethel Drive illld Old Snelling Avenue to allow pedestrians to stop while crossing the road if necessary and to make the division between the north and south bound lanes clear. Councilmember Aplikowski stated that she did not agree with condition number 15. Councilmember Grant asked Councilmember Larson to reiterate the requirements of condition number 13. He asked if the suggestion was to relocate the trees from the tennis courts to the soccer fields. Councilmember Larson stated that the intent of this condition was that new trees, equivalent in number to those being added at the tennis courts, be added to both sides ofthe soccer fields. . Councilmember Grant asked Mr. Paulu to comment on the proposed screening. Mr. Paulu stated that his concern was that there be screening bctween the proposed trail illld his property. He was also concerned about the screening of the open spaces illld the parking lot. Councilmember Grant asked if the intent of condition number 14 was for the screening on the west side of the trail to be placed on City property. Councilmember Larson stated that the intent of his motion was to attempt to find a location for the trail that will provide as much privacy for the residential backyards as possible, and for the trail to be as close as possible to the Bethel College west property line. He wanted to ensure Bethel College understood that the idea was to mitigate the impact on the neighbors yards illld provide ample screening between the trail and the backyards. Councilmember GraJlt asked if the island should be on both sides of the intersection. Councilmember Larson stated that the island should be on the north end of the intersection in the cross walk. . Councilmember Aplikowski stated that the description ofthe island was vague illld she felt this was illl issue that could not be resolved this evening. Councilmcmber Larson stated that he was concerned about the potential for an accident at this intersection in the future and any additional safety that Cilll be provided for the pedestrian crossing would be worth while considering. ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 19 . Mr. Kunkel noted that neither the City nor Bethel College can dictate the layout of the intersection or roadway. However, recommendations to Ramsey County can be made. Mayor Probst concurred. Mr. Kunkel stated that Bethel College has responded to the concerns of the neighborhood rcgarding the visual affects of the project and was accepting ofthc recommendations to change the landscaping. Additionally, he was willing to offer an additional $10,000 worth of landscaping in any form to be determined by City staff. He stated that if the City Council felt this was appropriate, Bethel College would be willing to work with the City staff illld residents to determine what additional screening is needed. Councilmember Grant suggested the addition of condition number 16 as follows: 16. Up to $l 0,000 in additional landscaping, to be deternlined at a later date, be added in order to meet the screening needs of the adjacent residents. Councilmember Aplikowski did not fcel that the exact dollar amount to be spent on the additionallillldscaping should be stated in thc motion. . Council member Grant stated that he was not sure he could support the motion with the requirement that Ramsey County be asked to install illl island in the road. Additionally, he was not certain that he could support the proposed striping. He indicated that he livcs on Chatham Avenue and he felt that it might be best to leave the striping as is. Councilmember Aplikowski concurred. Mayor Probst stated that there was no doubt that reducing the road from four lillles to two will reduce the speed of traffic and will be a byproduct of the proposal. He indicated that the City has received requests from residents to reduce the speed limit on Old Snelling Avenue. The City has not pursued this since, once the survey is done, there was a good chance that the speed limit would increase. Mayor Probst stated that the proposed changes to the roadway would be an improvcment over the existing situation. Councilmember Aplikowski stated that slower traffic could also be achieved with a three lane road with no island. She suggested that the City simply ask Ramsey County to provide the safest possible roadway. She reiterated that she could not support the motion if it ineluded a requirement for an islillld. Mayor Probst noted that the condition was to make a recommendation to Ramsey County illld the City Cilllnot control whether or not they choose to follow this recommendation. Since Ramsey County has used the island method at Tony Schmidt Park to slow down the traffic, they may be willing to consider using the same method in this case. Mr. Kunkel asked that the project not be halted because the Council cannot agree on whether or not an island would be a good choice since Ramsey County would ultimately make this decision. . Mayor Probst asked that the Recording Secretary restate the conditions of the motion. With regard to condition number 16, Mr. Kunkel stated that he would prefer to negotiate with the City staff rather than the residents about the additional landscaping. . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 20 Councilmember Rem stated that she was not convinced that the traffic situation has been properly dealt with and she had hoped that a representative of Ramsey County would be attending this meeting. Councilmember Aplikowski asked if condition number 15 could be amended to require Bethel College to ask Ramsey County to provide the safest possible roadway. She noted the goal was to provide a safe situation for the pedestrians and she did not feel that illl island would solve all the safety issues. The motion carried (4-1, Councilmembcr Rem opposed) 2. Case #00-08, State of Minnesota, 1900 County Road I West, Special Use Permit Ms. Randall explained that the applicilllt was requesting a Special Use Permit to allow for the installation of a temporary materials training laboratory building at the Minnesota Department of Transportation facility located at 1900 West County Road 1. The applicant was requesting the temporary materials training laboratory building for 5 years or. less in order to construct a permaJlent facility on the site. They anticipate the permaJ1ent facility to be constructed in approximately two years. The temporary materials training laboratory building is proposed to be 24 by 60 feet (1,440 square feet) located in the rear of the lot (10 feet from the property line). They have located it in this location because of access to needed hookups, level ground illld the nature of the training. They would anticipate the permanent facility to be located in this general area. The State of Minnesota agencies are not required by law to abide by City Ordinance; however, thcy are choosing to follow City Ordinilllces. The City has not had any previous applications requested or granted for this property. Accessory structures are required to be 10 feet from the rear property line. However, all structures are to bc a minimum of 100 feet from an abutting residential zoning district. The abutting zoning currently is R-I, single family residential. This is in conflict with the 1998 Comprehensive Plan update. The zoning ordinance does not specify which setbacks must be followed for a temporary structure. Due to the conflict with the Comprehensive Plan, temporary nature of the building, illld lack of residential homes in the area staff recommends the 10 foot accessory structure setback to be sufficient. The proposal will meet the lot coverage, circulation, access, and parking requirements of the site. However, a site plan review has never been completed for this property. Staff recommended a site plaJl review illld rezoning be completed prior to the permanent structure being constructed. Ms. Randall advised that the Planning Commission recommended approval of Plaffiling Case #00-08, Special Use Permit, subject to the following conditions: ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 21 . 1. Removal of the temporary structure within 2 years or renewal of permit if the new facility has not been constructed by that time. Resolution to the Comprehensive Plan and Zoning conflict for this site prior to the construction of the permanent structure. Site Plan Review or Special Use Permit completed prior to construction of the permaJ1ent structure. 2. 3. Mayor Probst asked if the applicant was in agreement with the recommended conditions. Mr. Lonnie Cowherd, Manager of the Minnesota Department of TraJ1sportation Training Center, stated that they were in agreement with the conditions. MOTION: Councilmember Aplikowski moved and Councilmember Grant seconded a motion to approve Planning Case #OO-OS, Special Use Permit, subject to the following conditions: I. Removal of the temporary structure within 2 years or renewal of permit if the new facility has not been constructed by that time. 2. Resolution to the Comprehensive Plan and Zoning conflict for this site prior to the construction of the pem1anent structure. 3. Site Plan Review or Special Use Permit completed prior to construction of the permanent structure. . The motion carried unanimously (5-0). 3. Case #00-09, Howard Bloom, 1720 Glenview Avenue, Corner Side Yard Varianee Mayor Probst noted that the applicant was not able to attend this evening's meeting and they were not opposed to tabling the Planning Case to the February 2S, 2000 City Council meeting if desired. Ms. Randall explained that the applicant was requesting approval of a corner side yard setback variance (24 feet proposed, when 40 feet is required) for a family room addition on a single family lot zoned R-l. The proposed addition included a family room (14 by 16 feet), eating area (15 by 16 feet), and porch (12 by 12 feet) for a total addition of 60S square feet. The applicant has evaluated otber locations for the addition, however, this is the only location they feel will work with the existing home. The house currently has a side yard setback of IS feet, where 40 feet is required. The existing home is located in an area that was developed when the zoning ordinance allowed for a smaller corner side yard setback. . With regard to circumstmces unique to the property, stafffound the property in question is 13,750 square feet in area on the corner of Dellview Avenue and Glenview Avenue. The proposed addition is 60S square feet in area. When the lot was platted, the required comer side . . . ARDEN I-IILLS CITY COUNCIL - FEBRUARY 14,2000 22 yard setback was less than the 40 foot now required. The existing property meets all the minimum dimensional and area standards except for the 40 foot required corner side yard setback. The proposed addition would allow a condition that is consistent with the surrounding development. The development the parcel is in was developed under stmdards different thm current regulations would allow. The addition will not alter the essential character of the neighborhood. Ms. Randall advised that the Planning Commission recommended approval of Planning Case #00-09, corner side yard variance (24 feet proposed, when 40 feet is required) for an addition, based on the "Findings - Corner Side Yard Setback Variance" section of the staff report dated Fcbruary 2, 2000, with the following condition: I. If the structure is damaged in excess of the building code threshold for damage, the variance would no longer be valid. Councilmember Aplikowski asked if the proposed addition would require the removal of trees. Ms. Randall stated that the majority of the trees will be preserved which was one intent behind the proposed location of the addition. MOTION: Councilmember Grmt moved aJld Council member Aplikowski seconded a motion to approve Planning #00-09, corner side yard variance (24 feet proposed, when 40 feet is required) Cor an addition, based on the "Findings - Corner Side Yard Setback Variance" section of the staff report dated February 2, 2000, with the following condition: 1. If the structure is damaged in excess of the building code threshold for damage, the varimce would no longer be valid. The motion carried unanimously (5-0). 4. Case #00-10, HCM Arehitects, Tony Schmidt Park, 3500 Lake Johanna Boulevard, Site Plan Review Ms. Randall explained that the applicant was requesting approval of a site plan review (Phase 2 construction) for planned upgrades to Tony Schmidt Park. On February 23, 1998, the City Council approved the special use permit (Concept Approval) for the redevelopment of Tony Schmidt Park. Ramsey County was proposing to redevelop in several phases. On August 31, 1998, the City Council approved Planning Case #98-21, Site Plm (Phase I construction). In 1999, Phase I construction was completed. They are now requesting approval for Phase 2 construction. During the Special Use Permit (Concept Plm) approval, Ramsey County had not progressed far enough along in the design of this park to provide detailed drawings of what the beach house, picnic shelters, and restrooms will look like. ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 23 . 1. 2. 3. 4. . 5. 6. . The plan did show the proposed locations of each building. The proposed buildings are in the same general location as the concept proposal. The applicant was proposing six buildings; Picnic Pavilion, Picnic Shelter, Beach Building, Gazebo, and two restroom buildings in various locations throughout the site with this phase. The buildings will be of a prairie style and "viII be easy to clean. The picnic pavilion was designed to be used by multiple groups. The buildings meet the height and setback requirements including the required 75-foot setback from the Ordinary High Water Mark and residential properties. The existing buildings will be removed. Ms. Randall advised that the Planning Commission recommended approval of Planning Case #00-10, Site Plan Review, subject to the following conditions: Submittal for site plm approval prior to the commencement of construction of any additional phases ofthis project. Compliance with the City's Shoreland Ordinance. Approval of the grading, drainage, and erosion control plans by the Rice Creek Watershed District. The smallest amount of bare ground is exposed for as short as time as feasible. Approval of the necessary wetland impact permits from Rice Creek Watershed District, Minnesota Department of Natural Resources, and the U,S. Army Corps of Engineers. Notification, review, and approval of all utility plans by City Staff. Mr. Larry Holmberg, Ramsey County Parks Department, introduced himself and Jerry Hagen, HCM, md offered to present the color renderings of the proposed buildings. Mayor Probst stated that the City was contacted by Ms. Kathy Nelson, 3475 Siems Court, suggesting that Ramsey County consider selecting colors for the playground equipment that would blend into the natural surroundings, rather thm selecting a loud color that would be Jess aesthetically pleasing to residents. Mr. Hagen presented the color renderings of the proposed buildings and explained their locations. Mayor Probst asked if the playground equipment will be installed this year. Mr. Holmberg stated that they will be. Mayor Probst confirmed that the entire southern portion of the park will be completed with this construction phase. Mr. Holmberg stated that additional trails will be added next year. Mayor Probst asked if the paving area that extends beyond the picnic shelters will be concrete. Mr. Hagen stated that this was correct. He noted that the concrete will be a muted color rather than gray. . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 24 Councilmember Larson asked if pads for picnic tables will be added throughout the park. Mr. Holmberg stated concrete pads with pedestal style picnic tables will be built in certain locations. He added that bicycle racks and grills will be added this year. MOTION: Councilmember Aplikowski moved md Council member Rem seconded a motion to approve Planning Case #00-10, Site Plan Review, subject to the following conditions: 1. Submittal for site plan approval prior to the commencement of construction of my additional phases of this project. 2. Compliance with the City's Shoreland Ordinance. 3. Approval of the grading, drainage, and erosion control plms by the Rice Creek Watershed District. 4. The smallest amount of bare ground is exposed for as short as time as feasible. 5. Approval of the necessary wetImd impact permits from Rice Creek Watershed District, Minnesota Department of Natural Resources, aJ1d the U.S. Army Corps of Engineers. 6. Notification, review, and approval of all utility plans by City Staff. Councilmember Larson noted that at the Planning Commission meeting, residents had expressed concern for the location of the beach house since it has expmded to the west. It was explained to the residents that, due to setback requirements from the lake, the beach house was proposed in the only location that will work. Mayor Probst asked if existing trees will be removed for the beach house. Mr. Holmberg stated that three trees will be removed, one of which is m elm tree. The motion carried unanimously (5-0). ADMINISTRATOR COMMENTS Mr. Lynch stated that a letter of resignation had been received by the City Planner. He suggested that tile Council take action accepting this resignation this evening in order to expedite the process of hiring a replacement. MOTION: Councilmember Larson moved md Councilmember Aplikowski seconded a motion to accept the letter of resignation from Ms. Nancy Rmdall, City Plarmer. The motion carried unanimously (5-0). Mr. Lynch stated that he provided tbe City Council with a memorandum reviewing the contamination testing at the TCAAP property. He indicated that he was looking for direction from the City Council on whether they would prefer to work with the Minncsota Pollution Control Agency or the Environmental Protection Agency regarding the property. ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 25 . Mr. Lynch stated that the City received a letter from the Department of Army stating that they would be willing to honor a groundbreaking ceremony for the City and that they will try to have a leasc document available in March with fee title conveyance ofthe property in May. With regard to the contamination testing at TCAAP, Mayor Probst noted that the standard for the mercury levels were being set for the rest of the site at 1200 parts per million. The Minnesota Pollution Control Agency has lowered this stmdard on the City's portion of the site to 400 parts per million for reasons that are unknown at this time. The soil tcsted at the City property was at approximately 630 parts per million. Thcrefore, jfthe stmdards that are being applied to the rest of the facility were applied to the City portion, the levels of mercury would be acceptable. Dropping the standards for the City portion of the site has created issues that must be addressed. COUNCIL COMMENTS Councilmember Grant stated that Mr. Don Messerly underwent surgery and is recovering at home. Councilmember Grant commended the Recording Secretary for her work during the last few long meetings. He stated that the minutes from these meetings have been outstanding. Councilmember Larson stated that the Water Quality Task Force met Tuesday, February 8, 2000. He noted that the Council approved the appointment this evening of the replacement of the . person who represented the Lake Josephine Association. Councilmember Larson cxpressed his appreciation to the Recording Secretary. Councilmember Aplikowski stated that the deadline for the next Newsletter was Wednesday, February 16,2000. She indicated that ifthe City intended to hold a town hall meeting, the date must bc decided upon by tlle deadline in order for the meeting to be announced in the upcoming issue of the Newsletter. Mayor Probst stated that he had assumed the City will conduct a town hall mceting. The only reason the date had not been set was in order to hold the meeting in conjunction with the ground breaking at the new City Hall. With the commitment made by the Department of the Army, he was prepared to conduct the town hall meeting and for the meeting to be adjourned aJ1d reconvened at the ground breaking ceremony. The Council discussed possible dates for the town hall meeting md ground breaking ceremony md the wceks of April I, 8, or 15 were selected as possibilities. Mayor Probst suggested that Bethel College be contacted to determine what dates will be available. Councilmember Larson suggested that since the town hall meeting will bc held in conj unction with the ground breaking ceremony the Council considering holding the town hall meeting at the Armory. Councilmember Rem stated that she would be out of town the week of April 8,2000. Councilmember Aplikowski asked that she be informed of the selected date by Wednesday in order to announce the town hall meeting in the upcoming Newsletter. . . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14,2000 26 Councilmember Aplikowski stated that the Events Committee would hold its next meeting on February 16, 2000. Council member Rem stated that she attended two events for the Northwest Youth and Family Services, the annual Board retreat on February 4th and 5th, and the Outstanding Service to Youth Awards on February 10,2000. Recipients of the Outstanding Service to Youth Awards included Arden Hills resident Glen Dawson, former New Brighton Mayor Robert Benke, and current St. Anthony Mayor Dennis Cavanaugh. Councilmember Rem stated that on February 10, 2000 she attended the League of Minnesota Citics conference on website development. Councilmember Rem stated that the Operations md Finance Committee will meet Wednesday, February 16,2000. She indicated that she would ask for a volunteer to serve on the Ingerson Road Improvement Group. Councilmember Rem expressed her appreciation to the Recording Secretary. She indicated that she had talked with Mr. Lynch regarding the notion of shortening the minutes. She stated that she appreciated the complete detailed minutes being submitted at this time, especially with the issues currently being discussed. She noted that a number of residents rely on the minutes to get a sense of how resolutions are made and she recommended that the minutes continue to be submittcd in full detail. Mayor Probst stated that he had copies available for review of the Metropolitan Council Annual Report, the Metropolitan Council 2020 Transit Plan and a copy of the Hiawatha Corridor fact book. Mayor Probst stated that Metro Transit would be at the City Council Worksession on February 2000. He indicated that Ramsey County would be submitting comments and that he has been asked that formal comments by Arden Hills be forwarded to the County. Mayor Probst stated that thc letter from the Department of the Army was remarkable and he expected construction on the new City Hall to begin this summer. Mayor Probst stated that a letter of resignation had been received from Ms. Betty Mullin of the Communications Committee. He asked that a thank you note be sent to her on behalf ofthe City. Mayor Probst stated noted that the City of Arden Hills has saved over $10,000 in liability msurance. Mayor Probst stated that there was legislation currently before the State of Minnesota which would modify the laws regarding the taking of private property. He was concerned that this legislation reflected the continued erosion oflocal authority. Mayor Probst stated that he was disappointed in having to accept the impending resignation of Ms. Randall. He hoped that Ms. Randall would be able to stay with the City long enough to help with the hiring of her replacement. . . . ARDEN HILLS CITY COUNCIL - FEBRUARY 14, 2000 27 ADJOURN MOTION: Councilmember GraJ1t moved md Councilmember Ap1ikowski seconded a motion to adjourn the meeting at 10:58 p.m. The motion carried unanimously (5-0). NOTICE OF MEETINGS The next regular City Council meeting will be held Monday, February 28, 2000 at 7:30 p.m. at the Arden Hills Council Chambers.