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HomeMy WebLinkAboutCC 10-27-1997 MINUTES CITY OF ARDEN HILLS, MINNESOTA CITY COUNCIL MEETING . OCTOBER 27, 1997 7:30 P.M. - NEW BRIGHTON COUNCIL CHAMBERS CALL TO ORDER/ROLL CALL Pursuant to due call and notice thereof, Mayor Dennis Probst called to order the regular City Council meeting at 7:30 p.m. Present: Mayor Dennis Probst, Councilmembers Beverly Aplikowski, Susan Keirn, and Paul Malone. Absent: Councilmember Dale Hicks Also present were City Administrator, Brian Fritsinger; Community Development Director, Kevin Ringwald; Public Works Superintendent, Dwayne Stafford; City Accountant, Terrance Post; Administrative Secretary, Sheila Stowell; and Recording Secretary, Cindy Schneider. ADOPT AGENDA . Mr. Brian Fritsinger, City Administrator, asked that Agenda Item 6bl be heard after Agenda Items 6b2 - 6b4. MOTION: Keirn moved and Aplikowski seconded a motion to adopt the agenda for the October 27,1997, City Council meeting as amended. The motion carried unanimously (4,0). APPROVAL OF MINUTES A. October 14,1997, Regular City Council Meeting B. October 20,1997, Council Worksession Councilmember Malone requested the following changes to the October 14, 1997, Regular City Council Meeting minutes: Page 3, paragraph 2, line 7: ... indicated they would relocate their operation to the south... Page 9, Council Comments, paragraph I: ... and now its proposal to reduce its authority to regulate broadcast towers. . . MOTION: Aplikowski moved and Keirn seconded a motion to approve the October 14, 1997, . Regular City Council Meeting minutes as amended and the October 20, 1997, Council Worksession minutes as presented. The motion carried unanimously (4- 0). ARDEN HILLS CITY COUNCIL, OCTOBER 27. 1997 2 . CONSENT CALENDAR A. Claims and Payroll B. Public Safety Commission, Stop Sign Recommendation, Northwoods Drive at Red Fox Road C. Resolution #97,51, Adopting and Confirming Special Assessment for Delinquent Utilities D. Proclamation, "Celebration of Literacy Day" in Arden Hills November 1, 1997. MOTION: Malone moved and Keim seconded a motion to approve the Consent Calendar as submitted and authorize execution of all necessary documents contained therein. The motion carried unanimously (4,0). PUBLIC COMMENTS Mayor Probst invited those present to come forward and address Council on any item not already on the agenda. There werc no public comments. UNFINISHED AND NEW BUSINESS A. Gateway Business District (GBD) . 1. Resolution #97-48, Providing for the Sale of $3,050,000 General Obligation Tax Increment Bonds, Series 1997A, Terry Post, City Accountant, gave an overview of the $3,050,000 in bonds to be sold to pay for the necessary improvements to 14th Street and the reconfiguration and signalization of Rowld Lake Road/Highway 96 intersection. These bonds are slated to be sold on November 17, 1997. Mr. Post stated that Steve Apflebacher of Ehlers & Associates was present at the meeting to answer questions. Mayor Probst inquired regarding the closing date ofthe bonds. Mr. Post stated the final closing is scheduled for November 17, 1997, and the bonds are to be sold on November 18, 1997. Mayor Probst requested clarification that the amount of the bond includes land acquisition costs for Highway 96 and Round Lake Road. Mr. Post stated that was correct. Mayor Probst inquired, in light of the recent stock market activity, whether it would be more prudent for the City to wait on this bond sale or to go ahead. Steve Apflebacher of Ehlers and Associates stated the tax exempt market is tied to Treasuries, and the rate for those is the lowest in 15 years. He stated he believes this bond sale is a good risk for the City since bidding was still strong for bonds. Councilmember Malone inquired how the bonds are secured in the long and short term. Mr. Post . stated the developer has agreed to special assessments related to the 14th Street improvements. The developer has also agreed to valuation assessment on the properties. With these two elements in place, the City has good protection. ARDEN HILLS CITY COUNCIL - OCTOBER n 1997 3 . Councilmember Malone inquired which phases of devclopment arc covered under the special assessments. Mr. Kevin Ringwald, COll1ll1unity Development Dircctor, stated Phases II - IV. Councilmember Malone requested clarification that the worse-case scenario for the City would be to take the property in tax default. Mr. Post stated that was correct, assuming that the special assessments were not paid and the property went tax forfeiture. MOTION: Keirn moved and Aplikowski seconded a motion to adopt Resolution #97-48, Providing for the Sale of $3,050,000 General Obligation Tax Increment Bonds, Series 1997 A. The motion carried unanimously (4-0). B. Planning Cases 2. Casc #97-20, Katherine & Todd Conley, 3777 New Brighton Road, Variance Mr. Ringwald stated the applicant is requesting approval of a variance for a side yard setback (5 feet proposed, when 10 feet is required) for a detached garage. The Planning Commission, at its October 1, 1997 meeting, recommended approval for a 5-foot side yard setback based on the relationship of the shared driveway with the property to the south and the steep topography of the property to the rear which precludes an alternate design. Mr. Ringwald showed an overhcad of the proposed addition, and explained the particular . topography of this property. He stated the garage will be constructed in the same spot as the existing garage, but the new garage will be larger; the new size will be the maximum size allowed for a detached garage. He stated there is no other location on this property where it would be conceivable to build a garage. MOTION: Malone moved and Aplikowski seconded a motion to approve Planning Case #97- 20, Katherine and Todd Conley, 3777 New Brighton Road, for a 5-foot side yard setback, based on the understanding this reflects the existing situation with the garage, orientation is to the back of the property, the unusual topography and shape of the property and the shared driveway which makes no other location for the garage feasible, and with the condition that the extension will be toward the rear of the property. The motion carried unanimously (4,0). 3. Case #97-21, Benjamin Sharpe, 1124 Benton Way, Variance Mr. Ringwald stated the applicant is requesting approval of a variance for a house addition. The applicant wishes to construct an enclosed three season porch on the west side ofthe home, and a 9 x 18 foot sunroom off the south side of the home, which would abut each other on the southwest corner. The applicant's home is within the Hunter's Park PUD and a similar variance case was approved previously. One of the issues the council dealt with in that variance was maintaining some distance between buildings on separate properties and deferring some . judgment to the townhouse association for what they would find acceptable, Mr. Ringwald advised that the Planning Commission recommended approval of Planning Case #97-21 at its October 1, 1997 meeting subject to compliance with the plans and specifications and staff letter. Mr. Ringwald stated the Townhome Association in this development has also approved the applicant's request. ARDEN HILLS CITY COUNCIL - OCTOBER 27. 1997 4 . A discussion ensued regarding square footage and the footprint of the proposed work. Councilmember Malonc inquired ifthere were any setback issues. Mr. Ringwald stated no setbacks were provided for in the PUD, and the only setbacks are between properties to assure adequate separation to minimize thc chance of a fire spreading to an adjacent unit. A utility easement and public right-of, way also exists in the area. Councilmember Malone inquired what thc actual variancc was that is being requested. Mr. Ringwald stated the variance would be to allow the cnclosure of the two areas on the site plan. Councilmember Malone inquired if this would actually be an amendment to the site plan. Mr. Ringwald stated that was correct. Mr. Fritsinger stated since the property was originally approved by a PUD, this could also be considered an amendment to the PUD because of the structure change. Councilmember Malone inquired if the proccss to amend a PUD is the same with regard to notice and public hearing. Mr. Fritsinger answered affirmatively. Ms. Sharpe, applicant, stated they have nothing to add to stair s report. She explained this has been a difficult process since there are no plans available from the original development so the property had to be surveyed to determine the location ofthe lot lines. . MOTION: Malone moved and Aplikowski seconded a motion to approve Planning Case #97- 21, Bcnjamin Sharpc, 1124 Bcnton Way, Variance (amendment to PUD) to allow the construction of a SUllioom subject to construction in compliance with Exhibit A of staffs report. The motion passed unanimously (4-0). 4, Case #97-22, David Monson & Mary Hirschboeck, 1175 Edgewater Avenue West, Variance Mr. Ringwald stated the applicant is requesting approval of a side yard variance for an attached garage and house addition, and a front yard setback variance for a deck. The applicant wishes to construct a 2-car garage on the north side ofthe house to replace an existing one car tuck under garage at the southeast corner. The applicant also wishes to construct a 16 x 12 foot addition to the west side of the home, consisting of a vestibule and deck. The applicant also wishes to construct a 10 x 10 foot deck off the south side ofthe home. Mr. Ringwald stated this is another lot where construction of this sort could not be accomplished elsewhere on the lot. The lot is bisected by an extreme slope. The Planning Commission, at its October 1, 1997 meeting, recommended approval the variance for the garage and vestibule but denial of the variance for the two decks. The applicant has submitted a rcvised exterior elevation of the home showing exterior elevations. Mayor Probst inquired if the applicant could build a deck on the east side ofthe house. Mr. . Ringwald stated they could, but Lake Josephine is on the west side of the house. ____ _______u_ --------- ARDEN HILLS CITY COUNCIL - OCTOBER 27. 1997 5 . David Monson, applicant, stated City staff did a good job in describing this proposal. He noted that the compnter generated perspective is somewhat distorted with regard to the actual size of the gables and vestibule. Councilmember Aplikowski requested clarification of the reason for the Planning Commission's recommendation for denial of the deck variances. Mr. Ringwald statcd it was because the decks can be constructed elsewhere on the property and because the variance was so large. Councilmember Aplikowski inquired if this reflects the wishes of the applicants. Mr. Monson stated they would prefer to build the decks as originally requested and noted that the yard area is about 3,000 square feet and the deck is only 100 square feet. Also, the deck would be elevated from the street by eight feet and surrounded by six-foot high shrubs so it would be virtually invisible from the street while still affording a view of the lake over the hedge, Mayor Probst inquired regarding the proposed setback for the decks. Mr. Ringwald replied they would be 30 feet on the south, and 10.1 feet on the west (when 40 feet is required). Mayor Probst requested clarification that the garage variance is necessary because it is the only buildable location on the lot. Mr. Ringwald stated that was correct and added that this addition would bring this house up to the standard of others in the area. . MOTION: Malone moved and Keim seconded a motion to approve Planning Case #97-22, David Monson and Mary Hirschboeck, 1175 Edgewater Avenue West, for a 27.5 foot variance for an attached garage addition based on the rationale of the unique slope of the propeliy and lack of ability to locate the garage on any other part of the property; and a 24 foot variance to construct a 6 x 6 foot vestibule, based on the fact that most homes have such an area and subject to construction compliance with the actual drawings presented and staff s letter. The motion carried unanimously (4-0). 1. Case #97-05, North Heights Lutheran Church, 1700 West Highway 96, Planned Unit Development Amendment (PUD) Mr. Ringwald explained that North Heights Lutheran Church is requesting an amendment to the PUD to redefine exterior materials on the south and west sides of the gymnasium at the southerly extension of the Phase II construction, He reported the Planning Commission directed the applicant to either use all brick or harmonize the two areas into a single aesthetically pleasing look. The applicant has stated their desire to tie the lines of brick to the sides and front to harmonize all materials. Mr. Ringwald reviewed the alternatives presented by the applicant and indicated the applicant did follow the direction of the Planning Commission in their revised submittal. He requcstcd the City Council decide if they want to pursue an all brick building or accept the modifications presented in the applicant's rendering. . Councilmember Malone stated he could not tell from the applicant's rendering what materials were being proposed. He stated that it is clear from the proceedings that the city was expecting much more. Councilmember Malone stated he is not prepared to consider approval based on what the Council has received. ARDEN HILLS CITY COUNCIL - OCTOBER 27.1997 6 . Counci1member Aplikowski stated she remembered another drawing at the Planning Commission meeting that showed a different look, with less panels and more brick and metal. Scott Roberts of Genesis Architecture stated this drawing was something Mr. Ringwald had suggested. He explained that the applicants have decided they do not want the gymnasium to have the same appearance as the sanctuary. Mayor Probst stated his dismay that the City Council finds itsclf in this position given the fact that at the original approval proccss, it was clearly understood thc gymnasium was to be an all brick building. He stated he is offended by the mention in the memo to Staff regarding the "monotony of a single material." Mayor Probst stated that brick is, without question, a superior finish to painted precast concrete. He stated that he believes cost is the real issue and it would have been more appropriate to have been forthright from the beginning. Mike Schraad, Welsh Construction, stated his company submitted the original plans to the Planning Commission in March of this year, He stated the elevations submitted with the initial plan look similar to what is being displayed and did not identify specific materials in specific locations. He stated the language at that time stated "brick to match existing and other materials to match existing." He stated Staff did not inform him or the applicants that brick or metal were the only acceptable materials for this project. He explained that it was not until mid,July that they heard from staff that they were expecting brick. But by then, the precast panels were being . manufactured and expected to be delivered in three weeks. As he understands it, the City believed the project would be all brick; however, the applicant made the choice last winter to use precast and that has always been their intent. Mr. Schraad stated it is unfortunate this was not communicated correctly. Mayor Probst statcd that, to his recollection, there was no mention of anything other than brick or that a significant elcment of thc building was intended to be of precast materials. He noted that if this had been expressed up front, it could have been dealt with. Mayor Probst reviewed the Council's options were to deny the request for a PUD amendment or to approve the amendment and not get what the City understood would be built. Councilmember Malone stated Welsh Construction usually has a good undcrstanding of City Council direction, and that all members of both the Planning Commission and the City Council understood this project would be all brick. He noted that this is a very visual site at a prime intersection of Arden Hills and will impact the overall image of the City. Councilmember Malone noted that Mr. Schraad sat through all of the presentations and did not clarify that the building would not be all brick. Mr. Schraad stated he does not recall any specific discussion about the exterior and it did not become an issue. Councilmember Malone stated it was understood that the exterior would be similar to what is there now and that is all brick. . Councilmember Aplikowski inquircd if the City had the original paperwork for this case. Mr. Fritsinger stated this paperwork is in the City's files. ARDEN HILLS CITY COUNCIL, OCTOBER 27. 1997 7 . Councilmember Aplikowski stated she recalls the original walls would be brick, and the walls that would be used for expansion at a later date would be constructed of different materials. Mr. Ringwald stated the City agreed in the original approval ofthe PUD that all but the expansion walls would be brick. Councilmember Aplikowski inquired if all phases of construction were discussed at that time. Mr. Ringwald stated the building in question was originally proposed as a series of buildings that met at the comers and stretched a considerable distance up and down Highway 96. This spring, the applicant significantly condensed the footprint on the property into one large area to minimize the impact. He noted that once the 1,000 seat sanctuary expansion is incorporated, the sitc will be fully developed according to the existing PUD. Councilmember Aplikowski requested clarification that the applicant does not wish the gymnasium to have the same treatment as the rest ofthe project. Mr. Roberts, representing the applicant, stated that was correct. Councilmember Aplikowski stated she could support the amendment for the gymnasium to be of different materials as long as thcre is some brick and as long as all landscaping is completed. Mr. Schraad advised that 20 mature trees have been added to the southwest comer of the building for screening. . Councilmember Malone stated he would need to see a specific plan with notations of specific materials to be used. He recommended denial or tabling of this matter until such a plan is received, Mr. Schraad stated they met with StatY on the site several weeks ago to discuss an application of brick to the exterior, wbich they are trying to demonstrate with the drawings submitted. He advised the intent is to apply a brick reveal to the two exterior walls to bring continuity of the bricks across the face of the precast, along with color variations to the precast. Mayor Probst stated he recalls the previous discussions, and that when it was determined to consolidate the buildings and bring it closer to the property line, the issue of the exterior was discussed. He stated he is offended to find the Council in this kind of situation at this point and indicated his support to table the request. He stated he is not moved by the suggestion to place brick in reveals. Mayor Probst inquired with regard to statutory limitations to reach a decision. Mr. Ringwald stated the City would nccd to give the applicant notice of extension by Friday to extend the 60 day rcview period. Joe Rickenbach, North Hcights Lutheran Church, stated he also doesn't remember the materials needing to be all brick. Hc stated North Heights was not trying to "pull one over" on the City and, in his mind, the project was always part pre-cast and part brick. He stated he does not know how this issue got mixcd up but he wants the Council to know it was always personally . believed by him to include precast. Mr. Rickenbach stated he understands how the Council would be offended and offered an apology, Mr. Schraad noted that 80% of the addition is brick and 20% is precast. ARDEN HILLS CITY COUNCIL - OCTOBER 27. 1997 8 . MOTION: Malone moved to table this item for up to 60 days on the grounds that the response is different than what was approved previously and to allow the applicant to return with very specific plans for improving aesthetics with brick or other materials that will provide a permanent surface and/or is in line with the existing building and image as intended. Mr. Schraad asked for clarification of improving aesthetics, and if more brick specifically was being requested. Councilmember Malone stated the materials being used would need to be upgraded. Mr. Schraad asked ifthe precast would need to be covered up. Councilmember Malone stated he can't tell from the drawing what materials are being used where, but that something of better quality than painted precast would need to be used. Mr. Schraad stated that North Heights has met with the Planning Commission and gotten their approval, and requested clarification of the City Council's intent. Councilmember Malone inquired regarding the outcome of the architect meeting on,site. Mr. Ringwald stated that when they met on-site they attempted to address the three directions given by the Planning Commission. It was felt that putting brick in the reveals was an acceptable option based on the direction provided by the Plmming Commission. . Councihnember Aplikowski inquired how much brick was in the reveals. Mr. Schraad replied four inches of brick in three different locations. Mayor Probst asked for a second to the motion on the table, and a vote. Keirn seconded the motion. The motion carried 3-1, with Aplikowski opposing. Mayor Probst commented that the proposed reveals may not have much impact on this size of wall and suggested finding more compatibility with the rest ofthe building. He also requested Staffresearch the minutes from the meetings in question. C. Resolution #97-53, Authorizing the Commencement of Proceedings Under Minnesota Statute 463.15, ET. SEQ. Relative to 1369 Forest Lane Mr. Ringwald stated this property has extensive structural damage due to a fire. Building Inspector Scherbel has inspected this home but the building owner has not brought this building into compliance under the deadlines, He requested the City Council find that 1369 Forest Lane is a dangerous and hazardous building and to authorize Staff and City Attorney Filla to commence abatement of this property. He distributed pictures of the subject property and reviewed staff s attempts with the property owner to gain compliance. The owner has been sent notice by Certified Mail ofthese proceedings. . Mayor Probst inquired regarding the insurer of this home. Mr. Ringwald stated there are some concerns of arson, which are being investigated. ARDEN HILLS CITY COUNCIL - OCTOBER 27. 1997 9 . Mayor Probst inquired if any written eorrespondence from the owner has been received by the City. Mr. Ringwald stated there has been none. Councilmember Aplikowski stated from the pietures it appears that this property has been a problem for some time and suggested the City needs to be more proaetive regarding these types of properties. MOTION: Malone moved and Aplikowski seconded a motion to adopt Resolution #97-53, Authorizing the Commeneement of Proceedings Under Minnesota Statute 463.15, ET. SEQ. Relative to 1369 Forest Lane given the findings by the Building Inspector and City Council that this building is deteriorated, unsafe, below standards, and deleterious to public safety. The motion carried wlanimously (4- 0). D. Resolution #97-52, Opposing Legislation Providing a Public Subsidy for Construction of Additional Professional Sports Facilities Mr. Fritsinger explained that the proposed resolution, drafted by Sen. Linda Runbeck, would oppose legislation providing a public subsidy for construction of additional professional sports facilities. He noted that the resolution is not specific and takcs a broad stance against public subsidy for such a facility. . Councilmember Keim stated her opposition to this resolution, as the resolution is not directly specitic to the proposed Twins stadium. She stated her belief that the City should not be getting involved in tllese matters, as these are State matters. Mayor Probst agreed, stating the State has elected representatives to solve tllese matters, and suggested the City take no action on this resolution. No action taken, E, Ordinance No. 302, Amending Cable Francbise Ordinance No. 226, Article II, Section 4, Franchise Term Mr. Fritsinger stated the attorney representing the cities in the North Suburban Cable Commission has recommended that the eities extend the term of the franchise to allow for final contract language negotiation with Meredith Cable. Staff recommends that Council adopt Ordinance #302, extending the term of the existing franchise agreement to January 18, 1998. MOTION: Malone moved and Keim seconded a motion to adopt Ordinance #302, Amending Cable Franchise Ordinance No. 226, Article II, Section 4, Franchise Term, extending the contract to January 18, 1998. The motion carried unanimously (4- . 0). ARDEN HILLS CITY COUNCIL, OCTOBER 27. 1997 10 . ADMINISTRATOR COMMENTS Mr. Fritsinger announced the membership for the Tony Schmidt Park Task Force is complete, and Ms, Walsh has asked tllat all COlmnents from Council in regard to the park be given to her, and she will forward them to the Task Force. Mr. Fritsinger reported on negotiations with the Lake Johanna Volunteer Fire Department, and the possibility of a Joint Powers Agreement (JP A) with Shoreview and North Oaks. He advised he had informed the Lake Johanna Volunteer Fire Department about the retrocession of the TCAAP property. Attorney Filla will draft the initial JP A, but there will probably be separate service agreements with each city due to the dillerent issues between the communities. Mr. Fritsinger gave a status report on the Gateway Business District project, stating he and Mr. Ringwald are to meet with Naegele representatives on site to discuss issues. The City and Naegele are close to agreement on the purchase agreement at this time. The railroad has begun discussions with the City regarding slope easements and the right of entry. Work is continuing on 14th Street, and a pre-construction meeting with Public Works Supervisor Stallord and the engineers is scheduled. He noted the contract does contain "outs" should things not move forward, COUNCIL COMMENTS & COMMITTEE/DEPARTMENT ACTIVITY REPORTS . Council member Malone brought up the subject of transportation expenses for meetings, and requested that the City Administrator be given the ability to adjust as necessary. It was decided that a formal motion would be necessary to accomplish this. MOTION: Malone moved and Aplikowski seconded a motion to give the City Administrator the ability to adjust rates of reimbursement for travel related expenses based on costs incurred. The motion carried unanimously (4-0). A discussion ensued regarding Lake Owasso rules regarding jet skis and erosion. Ramsey County desires unilormity on all lakes in the county. Councilmember Aplikowski noted that Ray McGraw has resigned from the Newsletter Committee, and publicly thanked him for his service. Councilmember Keim noted that the lift station on Cleveland and County Road E-2 is being cleaned up and thanked Staff for taking care of this concern. Councilmember Keim provided an update on the Business Relations Committee activities. Mayor Probst thanked staff for providing Department Head Reports which have been very helpful for the Council. . Mayor Probst reported he received an invitation for the community based planning meetings and inquired regarding the agenda. Mr. Fritsinger stated the agenda is unknown at this time. ARDEN HILLS CITY COUNCIL, OCTOBER 27. 1997 11 . Mayor Probst commented on the recent article previously discussed at the worksession regarding Congress' attempt to have plamling and zoning issues decided at the Federal level instead of being taken care of at the state and/or local level. Mr. Fritsinger stated he will provide Mayor Probst a copy of the letter he has drafted and advised that the League of Minnesota Cities is encouraging others to do the same. Councilmember Keirn noted her business will be moving to Bloomington and advised she will send notice ofthe new phone and fax numbers. ADJOURN MOTION: Malone moved and Keim seconded a motion to adjourn the meeting at 9:20 p.m. The m tion carried unanimously (4-0). ~. ;:1/ , Brian Fritsinger City Administrator NOTICE OF MEETINGS . The next regular City Council meeting will be held November 10, 1997, at 7:30 p.m. at the Army Reserve Center. .