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HomeMy WebLinkAboutCC 03-10-1975 " . ~ . . , MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hi lis Monday, March 10, 1975 - 7:30 p.m. Village Hall . CALL TO ORDER The meetIng was cal led to order by Mayor Crepeau at 7:30 p.m. ROLL CALL Present - Mayor Henry J. Crepeau, Jr., Councilmen Robert Woodburn, Charles Crichton, James Wingert, Wi II lam Feyerelsen. Absent None. ' Also Present - Attorney James Lynden, Planner Richard Fredlund, Treasurer Richard O'Kelly, Pol ice Chief Pat Sexton, Clerk Administrator Charlotte_McNiesh, Deputy Clerk Dorothy Zehm. APPROVAL OF MINUTES Wingert moved, seconded by Crichton, that Counti I approve the Minutes of the SpecIal Council Meeting of February 16, 1975, as submitted, and the Minutes of the Regular Council Meeting of February 24, 1975, as amended. Motion carried unanimously. BUSINESS FROM THE FLOOR None. REPORT OF POLICE CHIEF PAT SEXTON Police Activities In January 1975 and New Squad Car Chief Sexton briefly reviewed the activities of the Arden Hi lis Pollee Department during the month of January, 1975, and advised that the new squad car is now in service. He said the old squad was sold out-right, rather than trading it in - real izlng an additional $300. In discussIon of the change-over costs (from old squad to new), Sexton explained that bucket seats are not available in squad cars and have to be purchased separately. He said they last about two years, and are shifted from one car to the other. It.was suggested by Counci I that change-over costs be included when budgeting for future new squad cars. Tape Recorder Purchase Request Sexton expressed a need for a tape recorder for Police Department's' USe In taking statements and preparing ~01ic8 reports. He said it would also be convenient for taping Minutes of the Ramsey County Chiefs' Meetings, for which he Is secretary. Sexton requested Counci I authorization to purchase a Sony Superscope Cassette from Capitol Sales, at a cost of $54.95 tnormally retailing at about $84.001. Feyer81s8n moved, seconded by Wingert, that Councl I purchase of a Sony Superscope recorder from Capitol amount of $54.95, for use by the Pollee Department. unanimously. a.uthor i ze the Sales In the Motion carried lOth Ho I i day Sexton reported that the Police officers have indicated a preference for a floating holi~ay for the 10th hol iday. Ordinance Violations Councl I noted several Instances of apparent violations of certain City ordinances (e.g. outsIde storagel, asking Sexton if the Police Department looks for this type of thing. Sexton aSsured the Council that they do note these violations and have talked with violators about correcting situations, advising that the Department does make a concentrated effort In the spring of each year to eliminate Junked cars, debris, etc. Crichton said he felt positive action should be takeni citations should be issue'd for ordinance violations. He listed several loca- tions of apparent violations, Involving outside storage not screened from public view, inoperable cars parked on premises, cars illegally parked on streets, camping trailers parked on industrial parking lots, etc. -1- MINUTES OF REGULAR COUNCIL MEETiNG Page two March 10, 1975 REPORT OF VILLAGE ATTORNEY JAMES LYNDEN Case No. 74-14, Pemtom Townhouse Villages North, First AdditIon Lynden referred Council to his letter of March 5, 1975, and docu- ments referred to thereIn. . Lynden said he has reviewed these documents (Final Plat, Develop- ment Agreement and Addendum HI, proposed Letter of CredIt, Open, Space Easements and Covenants), and recommends Councl I approval, as listed on page three of his letter, except that Final Plat appro- val be sUbJect to favorable title opinion from the City Attorney (after review of Registered Property Abstract). . In dIscussion, It was noted that a survey stake seems to Indicate that Pemtom may have ditched across a portion of Village property. HI II saId he would look into this matter. In discussion of the proposed Letter of Credit, the need for more frequent inspections was noted, to provide for the reduction in the dollar amount, as described. Crichton moved, seconded by Wingert, that Council approve the Development Agreement and First Addendum thereto, amending the FIrst Addendum by adding condition No.4, as follows: Developer hereby agrees to pay charges for expenses, in excess of those normally incurred In making Inspec- tlon~ pursuant to this first addendum, within 30 days of said invoicing; and authorize execution of the Development Agreement by the Mayor and Clerk Administrator. Motion carried unanimously. Crichton moved, seconded by Feyereisen, that Council approve the Open Space Easements and Covenants, and execution thereof by the Mayor and Clerk Amlnlstrator, on the condition that same will be registered in the Office of the Ramsey County Registrar of Titles either contem- poraneously with the registratio~ of the Final Plat or at least be- fore the first townhouse in the Addition Is sold. Motion carried unanimously. Wingert moved, seconded by Woodburn, that Council approve the Final Plat of Townhouse Villages North, First Addition, authorizing its execution by the Mayor and Clerk Administrator, SUbJect to Attorney ~_~_Lv:nden's favorable title opinion. MotIon ca.rried unanImously. Woodburn moved, seconded by Feyereisen, that Counci I approve the Letter of CredIt, as presented, with the starting date being the 10th da.y of March, 1975; the ending date two years hence (March 10, 1977); the bank extending the Letter of Credit being the Northwestern NatIonal Bank of St. Pa~l. Motion carried unanimOusly. . (ft was noted that this approval of Letter of Credit is conditional upon receipt of letter properly executedl. Case No. 74-36, C. G. Rein - Status of Park Dedication Agreement Lynden recommended that, since agreement was to be finalized by r~arch 10, 1975., a three-week extension be granted, In view of the apparent complexity of the transaction. Feyerelsen moved, seconded by Woodburn, that th~ Amended Special Use Permit be extended to March 31, 1975, at which time there shal I be presented to the Counci I a written agreement, either prepared or ap- proved by the City Attorney, embracing the Park Dedication matters. Motion carried unanimOUSly. (It was noted that the Intent of this Motion, In addition to .~ten- ding the Permit, is to change the date In Condition No.3, to March 31, 1975.1 Crichton moved, seconded by Feyereisen, that Council approve the extension of the Bui Iding Permits for C. G. Rein to March 31, 1975. Motion carried unanImously. -2- MINUTES OF REGULAR COUNCIL MEETING Page three March 10, 1975 Ramsey County CETA Subgrantee Agreement Lynden referred Council to his letter of t~ar,:h 4, 1975, and to McNlesh's memo of March 5, 1975, noting that the memorandum raises the question of meshing the CETA Agreement with collective bargaining agreement, If proposed employee is In a position covered by the Union. After discussion, Crichton moved, seconded by Feyerelsen, that Councl I approve the agreement with CETA for one Park Maintenance employee at $4.25/hr. Motion carried unanimously. Shade Tree Disease Control Ordinance Matter deferred to March 17, 1975 Counci I Meeting. . Highway Easement Crichton noted that the land wIthin the highway easement, dividing the two Cummings property parcels, is not owned by the Highway Depart- ment, but is strIctly an easement; the legal description, therefore, of the Cummings oroperty(s) should read, "SUbJect to highway ease- ments" Instead of "abutting highway easements" as descrIbed In letter to the HIghway Department (3/11/75). . REPORT OF VILLAGE TREASURER RICHARD O'KELLY Investments Treasu rer 0' Ke I I y' reported tha t $158,000 was invested for 6 month s at 6.40% on February 26, J975, and that $100,000 was invested for 6 months at 6.50% on March 6, 1975. Feyereisen moved, seconded by CrIchton, that Council ratify the In- vestments as reported. MotIon carried unanImously. REPORT OF VILLAGE PLANNER RICHARD FREDLUND Case No. 74-17, Building Permit - McDonald's Corporation Planner Fredlund described the site location for a proposed McDonald's Corporation operation In the northeast quadrant of HIghway 51 and County Road E, an~ discussed the Planning Commission's reylew of the proposal at Its Jast meeting. Fredlund reported that the Commission deliberat~ On whether the pro- posed operation Is a "drive-in restaurant", therefore requirIng a Special Use Permit, or a "restaurant", which would not require a Special Use Permit, and secondly considered the appl icatlon on Its own merit as to whether it w~s a proper site for a McDonald's operation. Fredlund noted that toe Planning Commission considered a great deal of Information presented by McDonald's Corporation and, In their find- Ing of faCT as whether the operation is a"tlrive-ln restauran1"or''res- tauran~~ the Commission's determination was that it was, In fact, a "drive-in restaurant" as opposed to a ~It-down restauranf~ and would, therefore, require a Special Use Permit. Fredlund cited the following facts on which the Commission based its determination: . I. Food Is basically pre-packaged, and 2. All food Is packaged in the same manner, whether eaten at the sit-down area or carried outside. 3. Customer is asked whether he is going to eat In the restaurant or outside. 4. It is apparent that food Is expected to be eaten In cars and/ or on the premises ou~side the building; containers are pro- vided on the premises, outside the building itself, Indicating that this is a faci Ilty where one can eat in his car; there- fore it Is a drive-In restaurant. The second consideration was to look at the site and to determine whether, followIng the requirements of the Special Use Permit, this site, in fact, Is a good site for a drive-in restaurant. -3- MINUTES OF REGULAR COUNCIL MEETING Page four Fr~dlu~d explained that there were certain factor., when compared wIth gurdel,nes of the Zoning Ordinance, which make the proposed development of the site less than desIrable. f. , I. All drive-In facilities have to belllore than 400 t.et t.-- residentially zoned property (zoning line runs down center- line of Highway 51). March 10, 1975 Fredlund pointed out on map that this 400' line falls behind (Including) four homes on the west side of Hamllne Avenue, west of Highway 51. . 2. Increased traffic and turnIng movements on County Road E and Connelly Avenue, as well as 4 lanes of traffic narrowing to 2 lanes at point of highway access and egress ramps. 3. There are a number of curb cuts in the immediate area on County Road E, which Fredlund Indicated on the map; suggesting that McDonald traffic generation would probably be more critical to traffic in the area, than some other general business use. Fredlund reported that the above is generally the recommendation of the Planning Commission, adding that there are other secondary prob~ lems with this site: I. Property Involves a lot spilt of a lot of record; subdivIsion ordinance requires that the lot either be platted or a lot sp "1' be app roved by the Counc i I . Fred I und i nd I cated that the remaining portion of the parcel would be approximately .6 acre 'In size, which is quite small and narrow for G-B deve lopment. (The enti re parce lis about 1.46 acres, prior to spilt). 2. Lot is presently being used for parklrig for Flaherty's bowling lanes. Prior tb a lot split, Fredlund suggesTed that revised parking for Flaherty's Arden Bowl should be resolved. It is reported that Flahartys owns a parcel to the north of the bowling lanes, which Flaherty plans to utilize for parking. Crichton referred to Planner Fredlund's report of 2/26/75, noting that two Items of Information were needed: I. 2. \ Bui Idlng and sign elevations. AnalYSis of how traffic would be controlled. . C~lchton asked if these have been received. Fredlund said that Information on ~was presented by McDonald's at the Planning Commission meeting, as wel I as the bui Iding elevation infor~ation. Fredlund saId they did present a traffic analysis of their site and what the probable maximum traffic wouid be to their site; allevIating Fredlund's questIon as to the movement into and out of the McDonald's site, but the number of turning movements raised a greater issue (i.e. what this would add to the traffic sItuation on County Road E at this particular point). The problem of how to effect free-moving traffic in this area wi I I have to be resolved eventually; plans pre- sented do not resolve the traffic flow problem, other than on the McDonald's site. Fredlund stated that traffic was the maJor critical issue of concern to the Planning Commission; possible glare of headl ights and on-site lighting and landscaping were of lesser concern. In discussion of parking requirements for Flaherty's Arden Bowl, Fred- lund estimated that Flaherty's establishment would require about 220 parking spaces; approximately 160-170 are provided on the present bawl- Ing alley site; the parking area w~st of Connelly Avenue provides the bawling atley with 60-70 spaces. Feyereisen noted that the parking area west of Connelly Is highly uti Ilzed by Flaherty's Arden Bowl. -4- ~INUTES OF REGULAR COUNCIL MEETING Page six ~larch 10, 1975 Feyereisen said he supports the motion because it recognizes the serious- ness of the traffic problem and the hazard to life and 11mb. It also indicates to McDonald's that the Counci I is :'lot against the plan per se - If they could .find a more suitable location, he would not hesitate to favorably approve the permit. . Mr. Sexton saId, in response to the motion, that he feels McDonald's has done the very best they can with the design of the site, and to set up a requirement such as this, he couldn't say whether they would or can wait until the C6unty decides the semdphore is necessary. He said that the County, he presumes, will acce~e to their responsibility to regulate that Intersection with the paramount view of the safety of the citizens that are using that roadway system. He further noted that Mr. Wegleltner stated, as did the Council and PlannIng Commission, that the Intersection and roadway configuration was badly designed from the outset; so he thinks it is a little bit harsh to ~ay that McDonald's should wait with a development, that all things considered, Is deemed to be a reasonable proposal & generally conforms wIth what might be anticipated for this site. Sexton said he doesn't know whether the motion is "good" or flbad", but pointed out that McDonald's would join with any petitions the City would make to the County. Lynden asked Mr. Sexton what"his Instructions to his client would be wi~h respect to the trial which is scheduled for March 25, 1975, If this motion is adopted. Sexton said, "Just the way the motion was read, namely that whenever, wl~hout any drop-dead thing, or that the Building Permit could be pulled at a certain date, if the County Engineer were to review the plans and look at our data, examine the site and make an affirmative finding that.the semaphore is not required as an exp<3rt, and therefore he says, 'I'm not going to put one in, and I don't think It's needed, and I'm an expert', there's a drop-dead date on that kind of decls10n, my ad- vIce to my client would change. For example if the petition were made tomorrow, and he came back In 90 days with the kind of a statement that we're not going to do it, we don't think it's necessary, and I know and you don't, I would thluk it only Justifj~tl~, at that point in time, the "lQ.Ootersll have been answered by what everyilody here wou Id accept as the doctor, and a bui Iding permit could be Issued. The conditions on use, screening and directional lighting are 110 problem whatever." CrIchton said that if there were another plan that would adequately con- trol the intersection that M~. Wingert or Dr. Woodburn or the County Engineer could come up with, he'd be Just as amenable if It appeared to work. Wingert said that he feels it's the responsibi lity of the applicant to present a plan that works, and if a Highway EngineerIng Consultant needs to be hired to do some engineering work, he thinks they ought to do It. . Crepeau said he'd vote against any expenditures by the City for any semaphore, stop signs, etc.; these are State and County roads which the CIty has to police, and he didn't see why Village should have any of the expense, other than what Vi I lage already has. Woodburn said he would like to test whether or not the McDonald Corporation's establishment is a "drive-in" or a "restaurant", be- cause the ordInance was drafted-to control situations of this type. "If It adequately does it or not, I don't kn.:)w, but this was the intent, as least. I think we ought to see if It does." Crichton noted that if we were debating a Special Use Permit, he believes his motion would have been the same, except to approve a Speci~1 Use PermIt, instea,d of a Building Permit. Motion carrlsd (Crichton, Feyerelsen, Crepeau voting In favor of the motion; Wingert, Woodburn voting in opposition). -6- , MINUTES OF REGULAR COUNCIL MEETING Page seven ~larch 10, 1975 McNlesh was requested to contact the County ilnd State Highway Depart- ments and request that a semaphore be Includad In their plans at the Intersection of Connelly Avenue and County Road E, at the earlIest practical time. Sexton asked If it wou I d change the th Ink I ng of the Counc I I I f the appl icant were to obtain an easement to Connelly to the north of the site; thereby provIding two exits from the McDonald's site onto Connelly (one on the east-west portion and one on the north-south portionl; traffic exiting to the north being dIrected east on Connelly to the east side of Flaherty's and thence to County Road E. . After discussion, Cr~peau, Feyereisen and Crichton agreed this added egress might be a signifIcant in-road in resolving the problem; Crich- ton said he would like to study it. Woodburn said It would not be enough of a solution. WIngert said it may be better or It may be worse _ applicant has not, In hIs opinion, done a good job of addressing the problem. Crichton indicated he'd be ready to vote on the alternate traffic routing plan, or a simi lar one, by Monday, March 17th, If plan can be prepared for Councl I consideration by that date. Case No. 75-7. Building PermIt - Sitzmark SkI and Sai I Sho~ Mr. Wegleitner described his plan to enclose the existing Ski and Sail Shop courtyard, as shown on plans submitted. He also displayed a colored rendering of the front of the bui Iding. Wegleltner said he has a park- Ing agreement with Harkins (adJacent to the west of his property)~ and when and If Harkin1s property Is sold, he intends to purchase at least a portion of It. Planner Fredlund explained that the Planning Commission, in its con- sideration of the business operation, determined that the 53 parking spaces provided would be sufficient If retai I sales area does not exceed 7950 square feet, which, averaging the sailboat and ski sales areas, and taking Into account that the business is decidedly seasonal, would be approximately what Mr. Wegleitner would uti lize for retail sales. Crichton indicated that a floor plan of the building, Indicating the use of various portions of the bui Iding should be submitted (needs 3 parking spaces for 150 sq. ft. of retai I sales); ordinance requirements cannot be relaxed on a seasonal basis - if additional parking is to be on adJacent property, a written agreement should be obtained. Wegleitner descrIbed the areas df the various uses of the building, in- dicating that about 8000 sq. ft. is used for ,-eta I I sales. After discussion, Wingert moved that the Councl I approve the issuance of the Building Permit, with the condition that no more than 7950 sq. feet be used for retail sales space. Motion was seconded by Crichton and carrIed uanimouSly. Case No. 75-6, Amended Special Use Permit - Arden Manor Fredlund reported that the Planning Commission expressed concern re park and park-access maintenance if public park Is an "easement" rather than a "dedicated" park, and recommended that the matter be referred to Attorney Lynden. . Fredlund explained that the Planning Commission wIll consider the Amen- ded Special Use Permit at Its meeting on March 16, 1975. Gra hie at 1467 Count Road E - Lewis Lindemer A "ter d scuss on, Ingert moved that Counci I inds that the steer head painting on the front of the buildIng at 1467 County Road E does fit the definition of an attached sign and is in violation of t~e Sign Ordi- nance, and that Mr. Llndemer be requested to remove it. Motion was seconded by Crichton and did not carry (Wingert. Crichton voting in favor of the motion; Feyerelsen, Woodburn, Crepeau voting in opposltionl. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Extension of St. Paul Route No.4 - Request for Approval Feyereisen moved, seconded by Wingert, that Council approve the ex- tension of St. Paul Route No.4, as proposed. Motion carried (Feyer- eisen, Wingert, Crepeau, Crichton voting In favor of the motion; Wood- burn voting in opposltionl. -7- . ' MINUTES OF REGULAR COUNCIL MEETING Page eight March 10,1975 McNlesh was requested to Include in letter of concurrence from the CIty of Arden Hills that the City requests proposed usage figures of this extended rouTe. . Letter re Highway Right-of-way for ExtensIon of T.H. 51 In discussIon of the proposed letter, Feyerelsen indicated that a portion of the right-of-way (through the Buesing propertyl Is, through a large swamp area, which would have to be bridged; the right-of-way, If obtained by the Vi I lage, would land-lock a portion of the Buesing property; It would be more feasible to provide an access to the C~m- mlngs park property from Amble Road. ' Crichton expressed reluctance to give up the possibility of a trail, away from the pUblic roadways - access road could be combined with that portion of the trai I to provide an access to the Buesing property. Cri~hton moved, seconded by Woodburn, that Council authorize the letter be sent as drafted In memo of March 7, 1975, from McNiesh. Motion carried (Crichton, Woodburn, Crepeau, Wingert voting in favor of the motion; Feyereisen voting In opposition). Apportionment Resolutions Crichton moved, seconded by Woodburn, that the Council adopt Resolu- tion No. 75-13, RESOLUTION RELATING TO APPORTiONMENT OF ASSESSMENTS RELATING TO WATER IMPROVEMENT NO. 72-1, and Resolution No. 75-14, RESOLUTION RELATING TO ~ONSO~IDATED SANITARY SEWER IMPROVEMENTS NOS. 12 AND 13, as presented. Motion carried unanimously. Metro Counci I Request for Time Extension for Comprehensive Plan Revle~ Wingert moved, seconded by Feyerelsen, that Council approve the time extension to Apri I 10, 1975, as requested. Motion carried unanimously. Sunday Liquor license - Blue Fox inn Woodburn moved, seconded by Crichton, that Counci I approve the Sunday On-sale Liquor License for Estben, Inc., subject to changes on the ap- plication and Certificatl6n, as noted by Attorney Lynden In his letter of March 10, 1975. Motion carried unanimously. Claims and Payrol I Crichton moved, seconded by Wingert, that Council approve the Claims and Payroll, sUbJect to clarification of hourly rates for Jeff Beyers, Chris Olson and Barbara Scott. Mot'lon carried untlilJmCluidy. OTHER BUSINESS Memo from McNlesh of March 7, 1975 Memo from McNlesh (3/7/751 re commercial development and possibIlity of revenue bond financing, was briefly .dlscu5sed. RCL Charter Wingert requested Council cOMments at meeting on March 17, 1975. Adj ou rnment Woodburn moved, .seconded by Wingert, that the meeting adJourn at 12:40 a.m. Motion carrle.d unanllllously. . Of~@l!~ Charlotte McNiesh Clerk Administrator NOTICE OF MEETING The next Special Counci I Meeting wi II be held on Monday, March 17,1975, at 7:30 p.m. at the Village Hall.. The next Regular Council Meeting will be held on Monday, March 31,1975, at 7:30 p.m. at the Village Hall. -8-