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HomeMy WebLinkAboutCC 09-08-1975 , MINUTES OF REGULAR COUNCil MEETING Village of Arden Hills Monday, September 8, 1975 - 7:30 p.m. V i I I age Ha 1 I CAll TO ORDER The meeting was called to order by Mayor Crepeau at 7:30 p.m. . ROLL CAll Present - Mayor Henry J. Crepeau, Jr., Councilmen James Wingert, Charle.s Crichton, Robert Woodburn, William Feyerelsen. Absent - None. Also Present - Attorney James lynden, Treasurer Donald Lamb, Planner Richard Fredlund, Police Chief Pat Sexton, Public Works Director Hans Johansen, Clerk Administrator Charlotte McNlesh, Deputy Clerk Dorothy Zehm. APPROVAL OF MINUTES Wingert moved, seconded by Feyereisen, that the Minutes of the Regular Councl I Meeting of August 25, 1975, be approved as amended. Motion carried unanimously. BUSINESS FROM THE FLOOR None. REPORT OF POLICE CHIEF PAT SEXTON Squad Car Sexton reported that the Publ Ie Safety Committee, In considerati.on of squad car purchase, is looking into possible use of the Nova and Volvo, as well as standard size cars. Radar Purchase Sexton reported that hand r'adar, budgeted for 1975 purchase, can be obtained for $875.00, if purchased within next 60 days; will cost approximately $1,135 after that time. Sexton said this hand set has advantages over squad-mounTed mode I: I. Can be powered by car battery, as well as self-contained batTery therefore is .more versatile. 2. Has a longer range and Is. easier ~o use. 3. Can be used in areas where squad car cannot - not as easily detected. 4. Unit can be moved around - does not have to be held in stationary position. In discussion, concern was expressed re purchase of more radar equipment than is needed - questioned need ofmo.re than one unit. Sexton reported that the Public Safety Committee had deferred Its cons i de rat I on ofth i s matte r to I ts next meet i'n g. . Incident Actlvlt~ Report Sexton reported that this report, starting In January, will be a more ~up to data~ record than Is possible at present. It was noted that It Is evident that more Investigative ~ctlvity Is needed; ho~etully, this can be accompltshed without adding additional personnel. REPORT OF PUBLIC WORKS DIRECTOR HANS JOHANSEN Temporary Part-time Employees Crichton moved, seconded by Woodburn, that Council authorize the temporary part-time employment of William Kar'th @ $3.75/hour through November, 1975, as per memo from Johansen dated 9/5/75. Motion carried unanimously. Crichton moved, seconded by Feyerelsen, that Counci I authorize the emp loyment of Willi am Karth and Stephen Zehm aseme rgency snowp low operators 8 $3.75/hour for balance of year.. Motion carried unanimously. Minutes of Regular Counci I Meeting Page two Fencin~ tor East Boundary of Public Works BulldinR Johansen referred Counci I to his memo of 9/5/75, and attached sketch and cost estimate of bin-type fence, proposed to be located east of the Public Works building about three feet from the east property line, and paralleling the east property line tor about 90' north from the Southeast corner of the site; fence to be about 5 ft'! high on 6~ concrete base. September 8, 1975 Councl [ noted that the "solid construction", as proposed, would require a variance, but If fence ~ere not solid, it would not serve its purpose (s-rora!;l6of gravel, sand etc.) . Woodburn moved, seconded by Feyerelsen, that Counci I approve the fence and variance as dopicted on sketch attached to memo from Johansen (dated 9/5/75), Motion carried unanimously. Sewer Service - !695 Va;entlne Avenue Johansen referred Counc!l to his memo of 9/5/75, and attachad lnvolce,not!ng his concern re cost of the blacktop patch placed by contractor after repair of sewer maIn break which apparently occured at time City se~er was Instal led. Woodburn moved, seconded by Crichton, that COl'ncll approve $466 payment to Frank J. Rekuckl, Jr. for work done at 1695 Valentine Avenue. Motion carried unanimously. OJT Student JOhansen reported he i1i II j oj"ervie", an OJT app! i cant on Tuesday; former OJT student employee has been dropped from the program. Bethel Master Meter Johansen reported that Bethel has indicated that they may wish tc keep the i nd! vi dua I watE,r meters; have not to date made a deter- mination on this. Proposed Highway Department Chan!1es - lexlngt':lT! and Hiqhwav 96 Johansen reported that the Public Works Committee recommends referral of the proposed Highway Department changes ~o the Public Safety Committee; Public Works Committee commenting that the cul-de-sac annears to be an unnecessary expenditure and cDuld be a safety hazard, as proposed. Council referred proposal to the Public Safety Committee for Its recommendations to Council. REPORT OF VilLAGE ATTORNEY JAMES lYNDEN Case No.. 74-38.: Special, Use--,=-<!rmit '- Twin CI!:t. Christian Homes lynden referred Council to his letter of 978/75 and attached Special Use Permit. After review of the Special Use Permit, WOOdburn moved, seconded by Wingert, that Council approve the Special Use Permit for Case No. 74-38, Twin City Christian Homes, Inc. Motion carried unanimously. . Uniform FireCc>de lynden referred Council to his letter of 9/5/75 re Uniform Fire Code. Council concurred that action on the Uniform Fire Code be deferred until Minnesota Uniform Fir. Code has been finally promulgated by the Department of Public Safety. ~e No. 7,4-14, Pemtom, Inc. - Townhouse Vi 1i8Qes North, Second Addition lyn'den referred Counci I to '1is letts,' of 9/5/75 recommending Counci I approval of: I. Final Plat of Saco1d Addition North, subject to his approval of the Warranty Deed. 2. Approval of the Open Space Easements and Covenants as submitted. 3. Approval of the Property Development Agreement, as submitted, noting that Letter of Credit and Property _7_ Minutes of Regular Coune! I Meeting Page th ree Agreement are in same form as submitted with Addl~lon One. September 8, 1975 lynden said he is submitting the Home Owners Development Agreement for Counc! I's reaction at this time; agreement to be possibly re-worded prior to Councl I approval. After discussion, Crichton approve: I. moved, seconded by Wingert that Council . 3. Final Plat of Townhouse Villages North, Second Addition, subject to Attorney lynden's receipt of the Warranty Deed, Open Space Easements and Covenants, subject to execution by Pemtom. Development Agreement, Addendum thereto and Letter of Credit, subject to receipt of payment of Attorney's fees In the amount of 5150,00. carried unanimously. 2. Motion (It was noted that the Park Contribution of $115.60/unlt Is payable with application for Building Permit). Councl I action re the Home Owners Association Development Agreement \>I<lS deferred to September 29th Council mee'~ing. Deferment of Special Assessments Lynden referred Councl I to his letter of 9/5/75. McNiesh reported that applicant will be present at Council Meeting o-f September 29th. S'I'atus Re\,od - Arden Manor Lvnden roferred Counc! I to ~~mo from Mrs. Adams (dated 9/8/751 with attached letter from IRS, vnd to his letter ot 9/5/75 re Status of PBrk and Access Easemen7, advising that approval of the easement is pending satisfaction of 1'';1(' small liens. 111'formaL2.Qjnlon re Density D..flflitlons- Compr~hensl\!e Plan Attorney Lynden referred Ccunci I -;-0 the Planning Sta'futes. which permit a distinction, on t~e basis of density, In a particular zoning dis~rlct, but Lynde~ said he would like to have "sound reasons" for this change,praferably sub-districts and sub- classifications within a zoning district; prefers uniformitj for each classification and each use should have factual reasons for deviations. Planner Fredlund ~a~dhe would like to see dlf~erent densities 'or different districts separating residential land uses Into Individual districts (Single-family, duplexes, apartments, town-. houses etc.) rather than mixing functions and densities within one zoning district as we co now. ~atus of Canne IIV Avel1.lHl Lyndsn repo,ted that Vi Ila!;e Engineer has determined the legal description; has ordered ownership r~. _. clarify easement question and ncted that the existing -ot in accord with the legal description. Lynden reported t at -nginers Lund ~nd Christoffersen wi I I confer and report findings to lynden and Council. ... REPORT OF ViLLAGE TREASURER DONALD LAMB 1 "vestments $i03,OOO-rQr I year at 8.15% at the First Nati~nal Bank of St. Paul, on September 2, 1975. Faysreisen moved, seconced by Crichton, that CQunci I ratify the Investment, as reported. Motion carried unanl~ously. HEPORT OF VillAGE Pl.ANNER RICHARD FREDLUND GtlSEl.No. 75-17A, Amended~eclal Use Permit - Presbyterian Homes Fredlund summarized the approximately 14 revisions Presbyterian Homes made to the geriatrics care centsr and housing unit plans, incorporating suggestions from neighbors, Planning Commission and Councl I, and presented at the Public Hearing h~id by the Planning Cammissi~n on September 2, 1975, re Case No. 75-17A. ..3.,. Minutes of Regular CouncIl Meeting Page tour September 8, 1975 . Fredlund referred Counci I to his report of 8/27/75, as well as to the plans and documentation submitted with the application for an Amended Special Use Permit (plans dated 8/19/75 and modifications to the Presbyterian Homes Expansion Program, dated 8/8175), Fredlund reported that th3 Planning Commission recommends Council approval of issuance of an Amended Special Use Permit for the construction and operation of the geriatric care center and unit housing at Presbyterian Homes, in accordance with plans dated 8/19/75, subject to tour stipulations: I. Over-all but Iding height of care center building be limited to 24' above grods of east right-of-way line of Lake Johanna Blvd. 2. Two stair tower~ to be re-deslgned to lower their physical appearance. 3. Village Engineer's approval of the drainage plan. 4.. Receiving doors be posted to not permit deliveries before 7 :00 a. fl. I~r. Cederholm asked what road restrictions would be placed on Sandeen Road. Mayor Crepeau said they "Duld probably be the same as they are now; no change is proposed. ~r. Dennis Bussard presclted a petition, Which he read to the Council, and which he said Was signed by fifteen people. E~~s~~~~ requested cllrification of the housing unit changes, In the southeast corner of the site. Harty eXDlained that a pitched roof is now proJosed - wi il give more height to the structure, but was changed because it was felt that a sloped roof would appear more reslrentual than the original fiat roof, with clear - story windows; roof slopa was described as gradual; not a steep A-'frame. !192.QQML'1 requested cla,'ification of changed fl')or elevations - Horty said each floor Is l'adu:ed from 12' to 10'8" in height - over-all bui Iding height Is ,'edu:ed by el'9\.'en feet. QricJ:l:t!;l!:\ asked Attorney Lynden If i'he Amended Special Use Permit now requested is a new lppllcatlon. lynden s~id this Is correct and referred Council to Ordinance 9'1, amended by Ord. 174, Section III F, 2. General Cr'lteria for Graniing Special Use Permits; and explalneo Thai GH ~~nr.3d Special Uso Permit is now requested based on Sod'ion ':.'?!!. A"'erdments of Spe.~ial Use Permit Ire-application for Permit that has be(n denied). . Cederholm asked If the value ~f his house would go down If the prop6sed constructions approved. Mayor CreQeau said he ~ould not answ~r that question. Hans laqetstrom suggested that Presbyterian Homes located the care cents r I n the northwes' corm,,!, o'r the site because they did not want to look at the bUlldl~g from the front of their existing bui Idings; also statinr I~ will blocl~ the vietl of the lake for residents across lake Joh3nna Blvd. Mrs. Hamline said sh~ l:ves across the street from Prasbyterlan Homes and objects tr tM. care center because i, is a business - not connected to f'e Fost of the home; a commercial business proposed for a r&Jide~tlal zone. Mr. Guest sai<1 .~he most rep<3ated objection to the proposal Is the size and ;,eI81"( of the b,ti Idlng - said It should be loc3ted nearer the schoo!. Hoc!:i said 'llct no matter where the care center building would be located, l. would have visual Impact; feels that significant modlflcatons have been made to both areas of proposed construction. Rev. HJ;st~ said they have considered moving the structure flll-the south, but the same type of complaint from neighbors then effec'od \l1ould b. receh,13d, only the number of those aHected would - 4~~~ Minutes of Regular Council Meeting Pege five September 8, 1975 be Increased (three ho..s are ette~ted, as proposed; six homes would be affected If building were moved.). Mr. Neal Wood, 2250 Acorn Road, Ros~vll Ie, said he Is interested In the proposed expanded facl !Itles; has a relative living at Presbyterian Homes - asked that height of proposed building be compared to height of school and to houses. Tim Howell said that the care center building has been lowered II' from the original plan; it was 3' lower than.the school - would now be 14' iower. He said that formerly proposed building was I' below houses across Johanna Blvd, would now be 12' lower than these houses. . Crichton requested clarification of retaining wal I and landscaping proposed on north side of site (Sandeen Road). HortJLsaid that earth barlllng, a retaining wall and soft maple piantlngs are proposed to screen the driveway area from residents on the north side of Sandeen Road. Dave Seaberg asked the outcome of the legal opinion requested as to whether this proposal Is a legal use In a residential zone. J"Y!Lden said he determIned that it is, provided the Council determines that It is In the public Interest and the proposed uses meet the criteria and requirements for granting a Special Use Permit. Woodburn asked clarification of driveway area. Horty said that the deliveries are received in the drive-under area, from driveway on Sandeen Road. Mr. Guest asked I f there will be a period for'comments. Mayor Crepeau said the CouncIl wil I hear questions only - Public Hearing has been held. Mr. Guest presented a letter to Council, dated 9/8/75. Ot is no1'ed that II letter has also been received from Mr. Keith N. McFarland, dated 9/8175) . In discussion, Wingert noted that modifications to the original pian display a worthwhile and worthy effort by Presbyterian Homes, resulting In a reduced Impact on the residential district, and commended the architect for his efforts. Woodburn stated that even though only a few homes are subject to the Impact, he feels the project is sti II too intense for the neighborhood and Is not sure of the need, Metro Councl I Statistics indicate there may be a surplus of this type of housing In 1980. Wingert said the facility will serve the present residents of the home as wel I as the local residents of Arden HI lis and surrounding community; feels there Is a growing need for this facility with the Increase of the senior citizen population. Motion carried (Wingert, Feyerelsen, Crepeau voting in favor of the motion; Crichton and Woodburn voting in opposition). -5- , , Mjnutes of Regular Counci i Meeting Page sil( September 8. 1975 Case No. 75-28, N<e~e Outdoor Advertisinq Co~pany Deferred to September 29th meeting at applicant's request. Case No. 75-24, Sp~cial Use Permit - Keith Tramm Planner Fredlund reported that the Planning Commission recommends approval of the issuance of the Special Use Permit for a duplex on the northwest corner of New Brighton Road and County Road D; 24' X 48' building to be located as shown on plate #3 (attached to Planner's reoort of 8/27/75) faclno New Brichton Road; with a 14' X 22' garag~ ~t each end and two ~rives on~o New Brighton Road; house style to be as shown on sketch submitted with application (2-story, split entry). t . Counci ~ expressed concern j'e square footage of each dWfJlling unit and deferred acticn on the Special Use Permit until plan of building tabe constructed is submitted, which compiles with square footage requirements of Ordinance 99. . Case No. 75-31, VEriance - Manual VonRabenau Fredlund reported that old ~arage has been removed, and new garage is proposed as shewn on sketch submitted with application; noting that Board of Appeals and Pianning Commission recommend approval of the variance(sj locating garage in front yard in line with other garages on the street, about S' from the street pavement. Wingert moved, seconded by Woodburn, that because the proposed garage up-grades the property and matches existing conditions on this street, that Council appro"e the variances to permit the garage location as shown on plan ~ubmitted with application. Motion carried unanimously. Case No. _75..3~ Vari anc. - Charles Caron Fredlund reported that 'rhe Planning Co,nmissior and Board of Appeals r.ecommend Counci I approval of the sideyard set-back variance of 3i' for construction of a tuck-under garage on the Lake Lane side of residence at 3377 Lake ,lohanna Blvd. (It was noted tha1- property line on Lake Lane and street pavement are synonymous). After review of the Plans, sketch of the site, and the recommendations from Board of Appeals and Planning Commission, Wingert moved, seconded by Feyereisen, thot Counci I approve the 3" sideyard variance, permitting the gorage to be located I~t' from Lake lane. Motion carried unanimously. Case No. 75-34, Variance - Dave Locey Fredlund reviewed the recoMmendations of the Soard of App~als (8/23/75) and Planning CommiSSion (9/2175), that Council approve the rear set-back variance for a 2-story addition to house at 1226 Ingerson Road, 6' from sou+hwest corner of addition and 16' at southeast corner of add tion. Wingert reported that the lot 15 unusual In shape and a variance axists at present for a covered porch on the rear of the house. . After discussion, Wingert moved, seconded by Crepe.u. that Council approve the variance fo~ construction of the two-story addition to within 6' of the property line at the southwest corner. Crichton moved .'0 amend th.., motion as follows: It is understood that the new addition wi I I be no closer to the rear property line than the exisi"lng building deviation, measured fr'om the lot line. Amendment was accepted by ~lingert and Crepeau and motion, as amended, carried unanimOUSly. Case No~~-36,.J:..ot S..Ql..it -, ~1r. Orville Car!s9D. Fredlund described the minor subdivision proposed byCBrlson on Old Highway 10 on the east side of Round lake, dividing parcel Into thres iots. Fredlund repor"ted that the Pl~nning Commission recommends Counci~ apprDval of the minor subdivision lot spilt, subject to Section 13(D) of Ordinance 98. In review of the survey. a~d contour map with parcel superimposed on It . S.. . , Minutes of Regular Counel I Meeting Page seven Septembe r 8. 1975 tsubmitted by Fredlund), concern was expressed re accuracy of the iot lines since south line of parcel appears to run through house on lot south of Cerlson property, and driveway to this house is partially on the Carlson property. It was also noted that lot lines do not exter'd to Old Highway 10 and lots do not, therefore, have access on a public street. Carlson said he now owns this narrow strip of land, but surveyor did not kno~1 "this at time survey was prepared. . Counc"il action was defer-red to a later meeting pending receipt of amended survey and resolution of park dedication which Counci i estimated to be if the amount of approximately $1,600, per Ordinance 175, Section 10(B). Carlson agreed to submit corrected survey to Attorney Lynden for his review and recomrnenoat10n to Council on September 22, 1975. (Counci I wi II rsconsi de:- matter at 7:30 p.m. on September 22nd). In an.wer to Carlson's question of when park dedication is payable, Counci I advised th~t payment is required at time of final plat approval (at time subdivision is approved for filing). Case No. 75-37, Variance - Elmer Cmiel Wingert reported that a front set-back variance is requested on Lot I, Block 2 LakeshorH Homesites on Lakeshore Place to align house with other houses on the s-h-eet (25' from front property line) requesting a 15' front set-back variance. Wingert reportod that the Board of AppealS recommends denial of the variance because house is net designed for the lot; Planning Commission recommends approval of the variance because lot drops abruptly and house will lo(,k better if it is lined up with house on adjacent lot. Wingert moved, seconded by Feyereisen, that Counci I apProve the i5' front set-back varfancv for the house at 4549 Lakeshore Place because no objections have been expressed by the neighbors, house wil.1 be in line with house on adjacent lot, and it appears oropo~;ed ~ouse makes good use of existing contours. Motion carried unanimously. (Council noted that houses should be designed for the lot; in this particular Instance lot contours, and existing house locations on this street, indicate that house would be best located as proposed). REPORT OF CLERK ADMINIS-RATOR CHARLOTTE MCNIESH Permit for Roadsitie Garden Produce Stand - A.a. Vessey. 3280 San deed Feyerelsen moved, seconded by Crichton, that Council approve the permit for the produce stand, as requested. Motion carried unanimously. . (List of permit requirements, Resolution No. 72-57, was referred to the Financ.e Committee for its recommendations re which permits shoul.d requir's Council action ,md which couid probably be delegated to the Administrative staff for approval.) \ Rate Increase Request -All State Disposal Wingert moved, sBconded by WOOdburn, that Counei I $4.00/mo. charge requested by fl! I-State Disposal. unanimously. approve the Motion c~3rried 8~~e Fox Inn - On-Sale l.~or License Crichton moved, secbnded by Wingert, that Councl I authorize the reduction of On-sale Liquor license fee for Blue Fox Inn based on 2,000-2,999 sq: feet of area where liquor is served or consumed, effective Jmluary I, 1975. Motion can'ied. (Crichton, Feyereisen, Wingert, Crepeau voting in favor of the motion; Woodburn voting In opposition). Claims and Payrol I feyereisBn moved, seconded by Crichton~ that Councl I approve the Claims and Payroll as submitted. Motion carried unanimously. -7- . . Minutes of Regular Counei I Meeting Page eight September 8, 1975 OTHER BUS!NESS Letter from Deane Anklan Re Maintenance Service AQreements After discussion Councl I requested McNlesh to check matter with Engineer Anklan and to verify type of agreemerts to be Included In this request (posting of roads, renting of equipment, ditch cleaning etc.) lee Richert PlumbinQ and Heating Council deferred ~ctlon to Councf I Meeting of September 29th, pending recommendations from Attorney Lynden and Engineer Christoffersen. . Ramsey County Open Space Lettel- re Comprehensive and Cohesive lake Surface Use PhlO ~Ioodburn agreed to represent Arden Hi lis in this mattel-. Fi II Pel-mlt Request - M,". Ben Goldberg Counci I expressed concern re subdivision of the parcel. without Counc! I approval of the split. Consideration of the fl II permit was therefore deferred until lot spilt and/or lot split and consolidation Is requested. Adjournment Crichton moved, seconded adjourn at II :27 p.m. by Feyereisen, that the Counci I Meeting Motion carried unanirrously. ~, Chariotte McNiesh Clerk Administrator Not I ce of Meet i~ Special Council ~eetlng at 7:30 p.m. on Monday, September 22, 1975, at the Village Hall. (1976 Budget and Comprehensive Plan Review) Regular COUIlC! I Meeting at 7:30 p.m. on Monday, September 29, 1975, at the V i I I age He I I. . --"-