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HomeMy WebLinkAboutCC 11-07-1974 .. .:.,. '"' , .. MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills Thursday, November 7, 1974 - 7:30 p.m. Village Hall Call to Order llayor Crepeau called the meeting to order at 7:30 p.m. Roll Cell ~- Present - Mayor Henry.J. Crepeau, Jr., Councilmen Stan Olmen, Charles Crichton, James Wingert, William Feyereisen. . Absent - None. Also Present - Councilman-elect Robert Woodburn, Attorney James Lynden, Engineer Donald Lund, Treasurer Richard O'Kelly, Clerk Administrator Charlotte . MeNiesh. Pl!rkB Director Jo~ !Sucltley. Deputy Clerk Dorothy Zelua. Approval of Minutes: , . ~. City Election of November 5, 1974 Olmen moved, seconded by Feyereisen, that the Council approve the Minutes of the City Election on November 5, 1974. as submitted; declaring Charlie Crichton and Robert Woodburn elected Councilmen for terms of four years. Motion carried unanimously. Regular Council Meeting of October 28, 1974 Crichton moved, secDnded by Wingert, that the Qouncil approve the Minutes of the Regular Council Meeting of October 28, 1974. as amended. Motion carried unanimously. ;;u&1neSS from the Floor: C. G. Rein - Special Use Permit Mr. RaDdy Samuelson, Vice President, C. G. Rein Co., introduced h~elf. and acknowledged receipt of two registered letters from the City of Arden~lls - one advising of the revocation of the Building Permits and the other ~vising that the the Council was considering revocation of the Special Use Permit oecause of . significant deviations from the conditions set forth therein. Samuelson advised that immediately after his receipt of these lette..rs,. he. instructed hisconstruc- tion people to cease further operations; He claimed the job was shut. down as of noon. Monday, Novenl\ler 4, -1974. Samuelson apologized for the violations which he assured the Couneil were not intentional. He then introduced Mr. ~iehael Rich, ellgineer for C. G. .1$1<1 eG. Mr.. RiCh stated that although he felt C. (;. Rein WIlS not in violation of the Zoning Ordbclllce. with :c""apect to sHeh matters as parking, 1,,,,<1 co....erage oy hui,ld- ings, and op~n space cove7.~8e, it wall in violation of the conditions of the Special U.e'permit through the realignment of th~ office building, change in the facing of the 8hoppi~g center, change in the elevations of the shopping center, and 80 forth. He advise<;l that theaQ\ changes lIe." aetualJ.y contained in the construction.drawings which wera p"-e~e.nt",d to the Building Inspector but were not in the plane and specifi- cations whiCh were approved by the Planning Co~~iseion and the Council both with respect to the :l.BSt'8TilC~ of the Sped.,,-l Dse Per",it and the Building Permits. Al- though he bilt that C. C. ReIn had ,O!"j.nta;.ncd the spir.it of the project, he a....lllitt~d that- the changes were 00i: insignj,f:icaut and apologized to the Council. CounCilman Feyereiaen then asked several questions of Messr.s. Rich and Samuelson. Mr. Samuelson claimed individual responsiblity for the changes which were made from the plans and specifications which were approved by the Council and the actual construction drawings. Mr. Samuelson stated that this was the first shopping center that C. G. Rein had ever done, but its inexperience was no excuse. He admitted -. that C. G. Rein was in error but did not make the changes intentionally. He advised that when leasing a shopping center that is to be constructed, the plans have to be . flexible so as to meet tenant requirements. ~e said that the differences between the plans occuJ:red oecall8a of tenant ~aquirr~~~~~ aiter approval of the plens by the. Planning C~n~i$~icn and the Cocucil. ile 8',"Urll'.<l the COl'nci:_ that it had al~;aY/l been the intention of his "C'..,,";;;'; ~" ..~.c..::..:;i .... a;;;;...c;;iv.. [.ffice build:lng ana shopping cent.er which t;.:'CulC be. .'2.7:: .:-.:.:; ,-:.:;;.t. to Arden 'U. 118. ... . . . l-!ayo); .eno"u." t1."11 a~k"ci >ir. llieh to zo throu:;h the e1gM: points contained in Planner Fredlund's memDrandw~ which wae received by the Planning CommisEion on October 29, .1974. Mr. Rich went through these eight points describing with respect to each point the construction deviations. He advised that the ponding area had been re-oriented because the principal tenant in,the shopping center wanted parking up close thereto. He advised that C. G. Rein had not gone back to the Rice Creek Watershed District to obtain ita approval of the.re-oriented ponding area. It ~as his feelL~g that the ponding a.~ea ~ad the SlIlJlenet effect upon drainage ss the one origin.dly pI ann" a!1.d approved OJ' tne Council. ' . -1- ----- . , ... Minutes of Regalar Council Meeting November 7, 1974 Page tWiJ With respect to the lack of stone-facing as required on the plans approved by the Planning Commission and the Council, Mr. Rich stated that, in his estimation, the project had not been cheapened by C. G. Rein's non-use of stone-facing. He pointed out that his company had added a mall and that in terms of aesthetics it was his feeling that the mall was a greater asset than the stone-facing. He also mentioned that the grading plaDs for the project had been changed without any formal written approval from the City Engineer. City Engineer Lund recollected discus- sions with Mr. Rich regarding the piping and control structure on the drainage . outlet but did not recall any deep discussion with Mr. Rich regarding the regrading .of the project site. DiB.cUlleion then turned to the parking area. Councilman Feyereisen qusriedwhether the parking area had actually been decreased in size. Mr. Rich replied -that he did not think it had been. . Regarding the change in the roof heights, Mr. Rich advised that in fact the two level structure with a maximum height of 24 feet as depicted on the approved plans had been revised to a three level or a three step structure with a height of 28 plus feet adding approximately 4,000 square feet of second floor not shown in the approved plans. Councilman Wingert expressed concern as to the fence and screening requirements specified in the Special Use Permit which were based upon the height of the structures. to be screened. Mr. Rich replied that it was the intention of C. G. Rein to erect and place the screening required by the Special Uee Permit. The increase in the square footage of floor area between the approved plans and the present plans was then discussed. Mr. Rich advised that the original approved plans calls for approximately 90,000 square feet of floor area whereas the actual. construction plans now provide for approximately 109,000 square feet - an increase of 21% in the square footage of the floor area of the project. It was pointed out that the increase in the building area has directly reduced the amount of ~pen space left on the site. Councilman Crichton stated that it did appear that substantial changes from the plans approved by the Planning Commission and the Council had been made by C. G. . Rein and that in view of the fact the Planning Commission had spent a substantial number of hours in reViewing the plans of C. G. Rein and eventually approving them, he was hesitant to do anything without further recommendations from the Planning Commission. Councilman Feyereisen felt that the Zoning Ordinance should be en- forced by revoeatipn of .the Special Use Permitand!or prosecution of C. G. Rein. Councilman Wingert stated that he was not 80 worried about the change in the facade of the structures as he was about the re-orientation of the entire development. He stated that he would want to hear from the Planning Commission members before making a decision on the matter. Councilman Wingert also expressed doubt whether C. G. Rein was actually in viola- tion of the Zoning Ordinance. Attorney Lynden informed the Council that C. G. :tela was in violation of the Zoning Ordinance because of its substantial deviations from the conditions contained in the Special Use Permit and that the Council could revoke the Spel:ial Use Permit on that basis and also prosecute C. G. Rein. for each and every day of its violation of the provisions of the Special Use Permit ~ a period of approximately one year. Mr. Samuelson stated that C. G. Rein had been wrong and then proceeded to explain the severity of the situation if his company is delayed in the construction of the project for approximately 10 to 15 days. He stressed that if C. G. Rein is forced to delay the construction of the project, the delay could result in its losing tenants which have committed themselves as of certain dates; could have an adverse . effect upon tenants already occupying the office building; could involve C. G. Rein in lawsuits and construction over-runs; and could result in its losing its mortgage . because of non-performance. He pointed out that the supern~rket which is to be- come one of C. G. Rein's tenants had already ordered fixtures for a substantial sum of money which are to be delivered on schedule and that other tenants had made similar commitments which "ould be affected by a delay. He aslted the (;ounc11 for leniency outhe basis that C. G. Rein did not make the changes intentionally. ... He concludod by stating that if C. G. Rein were faced with a delay, it would have a disaster on its hands. Planner Fredlund then gave his views on the effect of the changes and reviewed his meeting with C. G. Rein representatives on Monday, November 4, 1974. a report of which meeting is attached hereto. It was his feeling that the plans as submitted now would fall within the zoning requirements for the Zoning District within which the project site is located. He pointed out, among other things, that the area of the site is larger than everyone originally tho,ught; the orientation of the site, -2- .. Minutes of Regular Council Meeting November 7, 1974 Page three in his estimation, is better; the moving of- the parking lot to the south would not have an adverse effect upon surrounding properties because another commercial use is located immediate11 to the south; from an aesthetic standpoint the proposed mall is better than the stone-facing on the buildings; and the rotation of the office . building had not changed its location. With respect to the parking, Planner Fred- lund was of the opinion that it was adequate on the oasis of a formula recommended by the Urban Land Institute. He concluded by stating that if the project were to be submitted now, 'as changed and partially constructed, for Special Use Permit approval, . it would be his recommendation to the Planning Commission and to the Council that they approve the same. The discussion then shifted to occupancy of the office building. Building Inspector Larry Squires advised that he had issued an Occupancy Permit to the portion of the office building where Dr. Wallace Anderson is presently located. . In further discussion of the alternatives which tke Council had. Attorney Lynden pointed out that Section III.F.5. of Ordinance No. 99, as amended by Ord. No. 174, provided that in the case of a structural alteration. enlargement or similar change not specifically permitted by a Special Use Permit, the Council must require.an amended Permit and that all procedures apply as if a new Permit were being requested. Planning CommiSSion Chairman Robert Woodburn reported that a Special Planning COmmis- sion meeting had been scheduled On Tuesday, November 26, 1974, at which time the required public hearing eoncerning the amended Special Use Permit application could be held if the application, required documentation and notices could be prepared and published by that date. It was determined that the notice of such public hearing could be timely published in the New Brighton Bulletin. CounCilman Crichton stated that he felt a sense of fairness must prevail in this matter. Councilman Wingert expressed concern about the welfare of the City in the event the project fsils and tenants leave and was~iCularlY concerned about de- lays. Councilman .Olmen moved, seconded by Counci" r chton, that the Council :refer the matter to the Planning Commission for its recommendations re amendment of the Special Use Permit. This motion carried unanimously. . Attorney Lynden then suggested, for Council consideration, that in order to mini- mizethe impact for C.G. Rein (although it may maximize the impact therefor at a later date), the Building Permits could be reinstated so long as it was clear to C. G. Rein that any further construction would be at its risk and without prejudice or.waiver to the rights of the City subsequently to revoke the Permit and/or to prosecute ,'...ill for its violations of the Zoning Ordinance. In response to questions from Attorney Lynden, Mr. Samuelson indicated that this suggested procedure was aeceptable to C. G. Rein. Councilman Olmen then moved, seconded by Councilman Wingert, that the Council approve the reinstatement of the Building Permits for a 90 days' period so as to allow C. G. Rein to continue construction, at its own risk and without prejudice or waiver to the rights of the City and subject to possible subsequent revocatio~ of the Special Us~t. This motion carried by a three to two vote, Councilman 01men, Wingert an epeau voting in favor of.the motion and Councilmen Crichton and Feyereisen voting in opposition thereto. l~. Samuelson stated, in the course of the discussion, that he understood. on behalf of C. G. Rein, that this action would in no way be deemed a waiver of or prejudice to the City's rights, obligations and enforcement po~ers under pertinent provisions of. the Zoning Ordinance and any other Ordinances of the City and was aware that. the Special Use Permit could still be revoked and theoamended Special Use Permit appli- cation denied. . Mrs. Donna ~'~) Mrs. Donna/' reported that a blue cabin on the west side of Lake Johanna 1s in disrepair - windows out, no plumbing; not occupied for several years, and does not . appear to be in safe condition. Matter was referred to Building Inspector Squires. . REPORT OF VILLAGE ATTORNEY JAMES LYNDEN 1974 Sealcoating Contract . Lynden referred Council to his letter of 11-5-74, stating he considers the 1974 Seal- coating Contract to be a unit-price contract. Crichton moved, seconded by Wingert, that Council approve payment, as recommended by Engineer Lund in his letter of October 28, 1974, in the amount of $13,410.63. Motion carried unanimOUSly. (Lund was requested to prepare a "standard form" fued price contract for future use.) -3- ---- . .. Minutes of Regular Council Meeting November 7, 1974 Page four Regulationsre Cooling Tower Discharge to Sanitary Sewer Lynden referred Council to his letter of 11-6-74, stating Village Ordinance No. 49, Section 6c is more stringent than regulations of ~~tropolitan Sewer Board, and not in conflict; consequently, Ord. No. 49 is still valid: After discussion, Wingert moved, seconded by Feyereisen, that Council authorize preparation of an ordinance repealing Ord. No. 49, Sec. 6c, and other ordinances . which are in conflict with H.S.B. regulations. Motion carried unanimously. CDC to be informed that permission. will be granted for cooling tower discharge into the sanitary sewer provided CDC furnishes Village SAC indemnification agreement, approved by Attorney Lynden, and installs flow meter approved by Engineer Lund. Case No. 74-17, McDonald's Corporation Declaratory Judgement Action . After review of Lynden's proposed answer. substantiating Village Ordinances, Council concurred and authorized Lynden to answer complaint; matter not to go by. default. Lynden to keep Council apprised of status.) Open Meeting Law Lynden referred Council to his letter of 11-4-74. Interpretation of whether law refers to elected and/or appointed members of commit- tees was referred to Attorney Lynden for ... - - 'ol'in1011.- It was noted that Village has two official bulletin boards - one at .the Village Hall and one at Lake Johanna Elementary School - on which public notices are posted. (Attorney Lynden noted that if notices of Special MeetiDgs are publiShed, the notices ne:.... IIOt also be posted.) . REPORT OF VILLAGE ENGINEER DONALD LUND Arden Manor Progress Report - J. Adams Lund referred Council to his letter re Arden Manor, submitted at last Council . meeting. Adams reported: 1. Water mai.ns and sewer mains are completed. 2. Now installing gas, telephone and power. 3. Not sure if roads will be completed this year. 4. 38 lots remain for patios to be poured. 5. Starting work on the building. Lund asked if the sewers are ready for inspection and asked that a drawing be sub- mitted of those lines ready to be inspected. Lund stated that the 51 unit area, outlined on map in yellow, is ready, from an engineering standpoint, for occupancy; hesitant to approve more until new well is campleted; wants to see pressure when this 51 unit area is filled. Adams requested Council approval of occupancy of the 51-unit area. . After discussion, Crichton moved, seconded by Feyereisen, that Council rescind the hold on occupancy of 40 remaining homes in area outlined in yellow on'map, and placed . back in hands of the Building Inspector, contingent upOn payment of appropriate in- spection fees. Motion carried unanimously. REPORT OF VILLAGE TREASURER RICHARD : 'KELLY Investmenta O'Kelly .reported the following investments: 1. October 29, 1974 - $148,OOO in American National Bank for 120 days at 9.05%. 2. November 6, 1974 - $135,OOO in First National Bank for 120 days at 8.75%. Crichton moved, seconded by Feyereisen, that Council ratify these investments. Motion carried unaniously. -4- ---- ------- . .. Minutes of Regular Council Meeting November 7, 1974 Page.five REPORT OF COUNCILMAN JAMES WINGERT - Planning and Zoning. Board of Appeals Case No. 74-33, Special Use Permit - Northern Propane Gas (Crichton requested to be excused from this portion of the meeting) Wingert reported that the Planning Commission recommends approval of the Special Use Permit for the installation of an additional above-ground 30,000 gallon pro- pane storage tank at Control Data Corporation, as per plans submitted. . After review of the Planning Commission Minutes of October 29, 1974, and the plans submitted, Wingert moved, seconded by Olmen, that Council approve the issuance of the Special Use Permit for installation of the 30,000 gallon propane storage tank according to plans submitted and contingent upon approval of State Fire Marshal. Motion carried (Wingert, Olman, Crepeau voting in favor of the motion; Feyereisen . and Crichton abstaining). Case No. 74-27, Special Use Permit - Mrs. Dorothy Harty Wingert referred Council to Minutes of Public Hearing held by the Planning Commis- sion on October 29, 1974, in which he noted that if the existing patio were lowered and moved to 5 feet from the property line and railing is removed, it would appar- ently not be offensive to neighbors and would be considered to be a "patio" and not a "structure", and therefore would not require a Special Use Permit. Council concurred that if changes are made, as described, a Special Use Permit is not needed. Wingert moved, seconded by Feyereisen, that the fee for the Special Use Permit be refunded if recommended changes are followed. MOtion carried unanimously. Case No 74-14, Building Permit - School Bus Shelter, Pemtom, Inc. Wingert reported that Pemtom has requested Council approval of the issuance of the Building Permit for the school bus shelter to be located on the north side of Arden View Court, at Hamline Avenue; subject to subsequent approval by the Planning . Commission, to expedite construction before frost, and its earliest possible use by school children. Wingert reported that the shelter and its proposed location seem to meet MTC standards (6' x 12' shelter, approximately 4' from Arden View Court right of way and l' from Hamline Avenue right of way). After discussion, Wingert moved, seconded by Olmen, that Council approve the issuance of the Building Permit for the bus shelter, contingent upon approval of the Plan- ning Commission; construction commenced prior to Planning Commission approval to be at Pemtom's risk. Motion carried (Wingert, Olmen, Crepeau voting in favor of the motion: Feyereisen and Crichton voting in opposition). Recovery of Village Costs Sustained for Unusual Review of Plans and Inspections After discussion re recovery of costs of additional inspections and consultants' time, Wingert moved, seconded by Feyereisen, that Council authorize Clerk Administra- tor to bill C. G. Rein for extra ordinary expenses incurred by the Village for additional inspections, review of plans and consultants' time, to resolve situation which has occured. Motion carried unanimously. (Clerk to advise C. G. Rein of Council's action.) REPORT OF COUNCIL.'lAN STAN OLMEN - Finance . Door-to-door Sales Permit . Olmen referred Council to an ~plication by Mrs. Dolle, for a door-to-door sales permit and waive,' of fee. for li41t: c.f li!"ht bulbs by 6tb gracier$ l!-t RaIr" R~!'o!~!" ~l&meutaXl Scheel for a ,la~ trip. Olmen moved, seconded by Feyereisen, that the. Council approve the permit to sell light bulbs door-to-door from November 18 to December 1, 1974, between 4:00 and 8:30 p.m., and waive the fee. Motion carried unanimously. REPORT OF COUNCILMAN CHARLES CRICHTON - Public Works Bethel llaster Meter Crichton referred Council to the Public Works Committee recommendations to proceed with this master meter installation, splitting costs with Bethel College. Crich- ton re-capped the costs for Council consideration. -5- . . Hiuutes of Regular Council Meeting November 7, 1974 Page su After discussion, Crichton moved, seconded by Wingert, that Council accept the low bid, provided that Bethel pays half the total cost. including engineering, etc., after' crediting for meters to be returned to Village. Motion carried (Crichton, Olmen, Crepeau voting in favor of the motion; Wingert and Feyereisen voting in opposition). (Assurance that Bethel will join in the contract, to be. obtained, prior to execu- tion of the contract.) . Excavation on Bethel Campus Matter was referred to Building Inspector Squires. (Excavation is north of Soo Line tracks, nEar the ball field.) Union Contract Crichton reviewed letter and counter-proposal from Union. . In discussion, it was noted that the only way Council can negotiate is at a public meeting. McNiesh to advise Union representatives and ask if they .prefer to meet with one Council member or at a Council meeting. McNiesh was requested to obtain interpretation from the Union of the following proposals: H2, 83, 88 and the final paragraph. (1st sentence of summary). (Crichton agreed to react to the counter-proposals after receiving Council con- sensus). Metro District Water School Crichton moved, seconded by Wingert, that Council authorize Wayne Launderville's attendance at the Metro District Water School at a cost of $7.50. Motion carried unanimously. REPORT OF COUNCILMAN WILLIAM FEYERI!ISEN - Parks and Recreation, Human Rights . Landscape Plan - Public Works Building Feyereisen reported that the Parks and Recreation Committee recommends that Council have property surveyed and pegs installed, before proceeding with final land- scape plans. After discussion, Crichton moved. seconded by Wingert, that Council authorize John Buckley to obtain costs to have three (3) additional stakes placed, at corners of Village property; authorizing the expenditure. Motion carriedunani- mously. Minnesota Recreation and Park Association Fall Conference Feyereisen moved, seconded by Crichton, that Council authorize the attendance of John Buckley at the Minnesotb Recreation and Park Association Fall Conference, November 20, 21 and 22, at a cost of $71.00. Motion carried unanimously. REPORT OF MAYOR HENRY J. CREPEAU, JR. - General Government, Public Safety November 5, 1974 Election Council concurred with Mayor Crepeau in thanking and commending all workers on the November 5th election. McNiesh was requested to send letters to all workers, e~lPressing Council's appreciation of their services. Squad Car Bids . Crepeau reported that bids received were reviewed. by Chief Sexton and Officer LaValle, and the Public Safety Committee recommends Council acceptance of the low bid in the amount of $4416 from Minar Ford. . Council discussed warranties advertised by the various automobile companies. It was noted that the Minar Ford ~arranty is for 12000 miles or 12 months. Council requested that in futu~p bid lettin~, wa~r~Dties he cbec~ clos~lv. !1atter was tabled to next Counciltleet!ng pend:ln.g ~..ii!dl ;)01 ..arranty witb other bidders and possible Plymouth roof. mount adjustments to accommodate visi-bars, e~~. Council Meetingo Council briefly discussed need for additional Council meetings, possibly on II weekly basis, in 1975. -6- , . , Minutes of Regular Council Meeting November 7, 1974 Page seven REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Canvass of Votes - City Election, November 5, .~ (See Approval of Minutes, p. 1) Remote Speaker McNiesh reported cost of remote speaker with s'utch, if installed with audio . installation, to be $75.00. Council authorize! the installation of the remote speaker and requested McNiesh to advise installer of this action. Office Employee McNiesh referred Council to her memo of 11-7..74. Wingert moved, seconded by Feyereisen, that I;,uncil approve the employment of . Geraldine Anderson at $3.25/hr., with review after 6 months. Motion carried (Wingert. Feyereisen, Olmen. Crepeau voting In favor of the motion; Crichton abstaining) . , Claims McNlesh noted that check #6852 should be sub;racted from the Claims; it is a duplicate of #6749, scheck .not received by an ~lection judge. Crichton moved, seconded by Olmen, that Colmcil ap~~ove the Claims as amended. Motion carried unauimously. . Adjournment . Meeting adjourned at 11:44 p.m. ~YltfJ1L Charlotte McNiesh . Clerk Administrator NOTICE OF MEETING The next Regular Council Meeting will be held on Monday, November 25, 197.., at 7:30 p.m. at the Village Hall. . . -7.., . I . ... I .. I , TO: Arden Hills M:Jyor and Council I FROM: R. Fredlund, Planner I SUBJECT: C. G. Rein - Office Complex and Shopping Center . I I The planner met with the representatives of .the C. G, Rein Company on M:Jnday, f ! November 4th to determine whot the actual violations are of the Special Use Permit. , I Attached to this report is the intial report, based upon the actual approved Site Plan , and building elevations. i , . i , Explanation of the changes are generally as follaws: , 1. Change in orientation of the ponding area and location of the central parking facilities is due to the requirements of the grocery facility at the south end of the shopping center. It is desirable to have maximum parking close to 0 grocery faci- lity in that they are heavy traffic generators. 2. . Introduction of stonefacing into the brick front elevations is no problem and will be done if the Council so desires. (The change in the grocery facility area may have been felt to have provided visual compensation for the deletion of stonework). . 3. Change in roof elevations and the addition of a 2nd floor was to hove compensated for the space demand of a client, who has since backed out, leaving .the C. G. Rein Company with space and costs not initially contemplated. 4. The change in the facing of the southern part of the shopping center was at the demand . of the above mentioned tenant so that the entrance and marque would have visibility to both Lexington and County Road E. Rotation of the "Pagoda" shaped office build- ings was felt a minor change in that the some setbacks were maintained. 5. The increase in square footage was admittedly their error. Over half of the added space of the shopping center is in the previously mentioned 2nd floor addition which will now either remain vacant or be used for storage unless a tena,nt can be found in the future. The increase in space of the office building complex was unfortunate and was a decision that was made without taking into consideration total change in the site. A question arose with regard to the square footage in violation of the space applied for in the permit. It seems that initial plans, as well as their brochure, re- quested 43,000+ square feet of space, however, the site plan approved by the Plan- ning Commission ond Council showed the space to be just under 30,000 square feet. In either case, the difference or ihcrease in space of both the office complex and the shopping center would amount to between 15,000+ square feet ond 19,000+ square feet, which they recognized as being in excess of the-special permit. - . ... ---.--- -~--- ~~ --- - ----- . ., . ... 6. Open space was recognized as being critical and it had not been realized that the requirement had been exceeded and they were open to ony suggestion as to how the area could be increased. 7. Parking changes may be questionable. Computation of space needs according to the additional square footage and parking shown on the site plan would appear to require more spaces. A point of difference which may account for this average is . that the 2nd floor of the shopping center was computed as commercial space, requir- ing 19 parking spaces. If the same area. is to be used for office space, only 9 spaces are required which would then account for the shortage noted originally. To main- tain this ratio would require office use only of the 2nd floor space (if permitted to remain). . 8. General agreement as to the need for a readable site plan and a revised planting plan was expressed. METHODS OF COMPENSATION WERE DISCUSSED The representatives generally agreed that the compilation of errors amounted to a substan- tial change in the plan and the responsibility was theirs. Methods of bringing the project into conformance with the Zoning Code were discussed/so that no variances would be re- quired other than the Councils determination os to the necessity for amending the exist- ing permit or requiring a new permit and hearing. They were asked and agreed to submit the following data for council consideration: 1. A revised site plan in readable condition. 2. A revised landscape - planting plan. . 3. Resubmittal of drainage information to the City Engineer for approval. 4. Parking requirements would be recalculated and, because of the minimal city re- quirements for office parking needs, a rational for share parking requirements for shopping centers would be submitted. 5. They would agree to the treatment of the facia cif the building as shown in the origi- nal plans if the Council so desires. 6. That open space would be recalculated, ond the landscaped mall area would be in- cluded in open space and that they would have documentation from the County regard- ing their acquiring the excess R.O.W. at the corner of County Road E and lexington to the degree necessary to meet the 25% open space required. 7. That signing and lighting would be reviewed by Council as a part of the special use permi", and 8. That landscaping would be reviewed on the southern edge of the site to ~uffer the southern extension of the parking orea. The submittal of the above 8 points should bring the development within the requirements of the ordinance and in particular, the requirements fora Spec ial Use Permit. They do not totally compensate for the differences between the requirements of the ordinance and what was proposed at the granting of the present Special Use Permit. . .... -_.~ . ,~ ..... MINUTES OF VILLAGE ELECTION VILLAGE OF ARDEN HILLS Nov~ber 5, 1974 At the City Election of the City of Arden Hills, County of Ramsey, State.of Minnesota, held at the City of Arden Hills, Precinct 1, Precinct 2 and P.recinct 3, being the places where it was directed to he held by the City Council, after . giving due notice thereof as provided by law, on the 5th day of November, 1974, the Election Boards, as attached, being qualified voters of said City to act as judges of such election, each of whom had within 20 days before such time been designated and appointed by the City Council to sct as judges of such election, each of whom duly took and subscribed an oath to faithfully discharge the duties required of them at such election; and the sa~d judges baing duly . qualified, forthwith opened the polls by proclamation, and the Election proceeded by ballot without adjournment or intermission until closed. The subjec.voted on at such election, as ~tated in the Notice, thereof, were: To Elect two Councilmen for terms of four years. At 8:00 p.m. of said day the polls were closed. The .judges then proceeded to publicly count and canvass the votes, and a true statement thereof was duly proc~aimed to the voters by the Clerk Administrator who recorded the same in the City Minute Book. S'XATEMENT OF RESULT 01" CANVASS - The following is a true statement of the result of the counting snd canvass of votes by ballot at the City Election of the City of Arden Hills, County of Ramsey and State of Minnesota, held Tuesday, November 5, 1974, as proclaimed to the voters by the Election Judges: . , Charlie Crichton received l308votes for Councilman Robert Woodburn received ).068 votes for Councilman DouglssBarthany received .860 votes for Councilman Roger Reiling received 5votea for Councilman Richard Kreig rl!ceived 2 votes for Councilman 3. Moore received 2.;vlltes .for Councillllan Robert Anderson received I vote for Councilman Forrest Beat" received 1 vote for Councilman Eugene Ilender received lv-ote 'far Councilman George Clark received 1 .vote for Councilman Keith Koch recfdved lvote for Councilman S tan. Leeson received 1 vote . for Couuoilm<'.D Jerry McCauley received 1 vote. for Councilman Helen Schmidt received I vote for Councilman David Schmidt received I vote for Councilman Buck Stapleton received 1 vote for Councilmatl Lee Starr received 1 vote for Councilman Michael Wenberg receiv~ I vote for Councilman Douglas Whiting received 1 vote for Councilman Charlie Crichton and Robert Woodburn were declared elected Councilman for terms of four years. . (l/~~ , . Charlotte McNiesh Clerk Administrator dz --------