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HomeMy WebLinkAboutCC 06-13-1977 't . MINUTES OF REGULAR COUNCIL MEETING Village of Arden Hills . Monday, June 13, 1977 - 7:30 p.m. V II I age Ha I I Ca I i to Order Pursuant to due call and notice thereof, Mayor Crepeau called the meeting to order at 7:32 p.m. Roll Call Present - Mayor Henry J. Crepeau, Jr., Councilmen Robert Woodburn, Charles Crichton, James Wingert, Ward Hanson. Absent - None. Also Present - Treasurer Donald Lamb, Engineer Donald Christoffersen, Planner Orlyn Miller, Clerk Adm'nl~t~~tor Charlotte McNlesh, Deputy Clerk Dorothy Zehm. . Approval of Minutes Hanson moved, seconded by Wingert, that Council approve the Minutes of the Regular Council Meeting of May 23, 1977, as amended. Motion carried unanimously. Business from the Fioor None. REPORT OF VILLAGE ENGINEER DONALD CHRISTOFFE~SEN Bids for Revisions to Lift Station Christoffersen referred Council to his letter of 6/13/77 re Revisions to Lift Station No.5, and attached bid tabulation. Christoffersen reported that four (4) bids were received, ranging from $69,937 to $87,265; Metro Engineering, inc. of Hamel, Minnesota being the low bidder. Council deferred awarding the contract until the June 27th Council meeting, pending completion of the E'glneer's Investigation and hIs recommendations to CouncIl. 1977 SealcoatlnQ Bids Christoffersen referred Council to his letter of 6/13/77, and attached bid tabulation, re the 1977 Bituminous Sealcoatlng project. WOOdburn moved, seconded by Wingert, that Council award the bid to Allied Blacktop Co. of Minneapolis, Minnesota (low bidder) at a cost of $12,701. Motion carried unanimouSly. Christoffersen referred Council to a letter directed to Northern States Power Company re reimbursement of street repair costs of Indian Oaks Court and James Avenue, In the amount of $1005.75. Council authorized the letter as proposed. . Approval of Planner Representative Orlyn Miller Council was referred to letter of June 8, 1977, from Bill Chapman, Wehrman, Chapman Associates, Inc. Wingert moved, seconded by Hanson, that Council approve the appointment of Orlyn Miller as the designated Planner Representative of Wehrman, Chapman Associates, Inc. Motion carried unanimously. REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 77-9. Heights of Johanna Lake - Final Plat AP~roval Miller referred Council to the Final Plat of Heights 0 Johanna Lake and to his report to the Planning Commission In which he notes that the Final Plat Is in substantial compliance with the approved Preliminary Plat; all lots appear to be above the 11,000 sq. ft. area requirement. After review of the noted lots with dimensions that vary from the Ordi- nance requirements, Wingert moved., seconded by Woodburn, that Council approve the Final POat of Heights of Johanna Lake, subject to the appro- priate easements along the rights-of-way (to be added at time of accep- tance of the Plans and Specifications); execution of the Final Plat to be deferred until bid Is awarded for street and utility .construction. Motion carried unanimously. -1- .' Minutes of Regular Council Meeting Page two June 13, 1977 Case No. 77-11, Janet Estates - Final Plat Approval Mi Iler referred Council to an amended Final Plat of Janet Estates, which includes Lot 8, Block 2 (formerly Lot 3, Block 2, Houle Addition) as part of Janet Estates, and provIdes direct access to Lot 7, Block 2, Janet Estates, from Valentine Crest Road cul-de-sac. Mr. Dolan said this revision was suggested by City Attorney Lynden as a preferable means to provide access for Lot 7, Block 2, Janet Es tates . . 1011 I ler reported that the Final Plat is substantially in compliance with the approved Preliminary Plat; noted that Lots 2,5 & 6, Block 2 vary slightly from the 95' lot width requirement at the building line. Engineer Christoffersen reported that he has some concern relative to the location of the power poles along the west side o"f Janet Court right-of-way; suggested that Counci I defer approval of the plat untl I the June 27th meeting, at which time the feasibility report and Final Plat can be considered slmultaneousiy. Council deferred Its action to the June 27th Council meeting, and requested the Engineer to apprise Mr. Dolan of any problems which may arise In preparing the feasibility report re Janet Estates. Dolan asked If Building Permits could be Issued on the lots fronting on County Road F, which have existing street and utilities. Christoffersen said that one house could possibly be permitted on the large parcel (Janet Estates) tor "spec" purposes. Untl I plat is recorded, the lots are non-exlstant. Christoffersen explained that, until bl ds are awarded for the streets and utili ties construc- tion, he recommends that the City not execute plats, I f streets and uti litles are to be constructed by the City; noted that when the deve~oper constructs the streets and utilities, a bond Is required to guarantee the construction. Concern was expressed re how the City can control the quality of fl I I placed on a site. Dolan said he understands that It must be "clean till". Council requested that answers re fill quality controls be pursued for Councl I 's consideration at the June 27th meeting. Case No. 77-26. Variances for House - 1636 Lake Johanna Boulevard, Mr. Thomas Mulcahy Miller referred Coune! I to his report of 6/1/77, and attached siting options; reported that the Board of Appeals recommends approval of the front and rear set backs as requested; Planning Commission recommends denial. Miller noted that the applicants have presented good reasons why variances are requested; some could be compromised. . Architect Rafferty outlined the site problems; I. A narrow strip of land between lake and road; houses on either side have required variances as situated. 2. Two lots have been combined to create the bul (ding site, which Is stili a difficult configuration on which to construct a house (triangular). 3. West side of property Is encroached upon by a driveway to the house on the adJ acent lot. 4. Desires to orient the house to the lake for view as wel I as sun (energy conservation). In discussion re the proposed siting, and the options suggested by Miller, Council noted that the criteria for granting a variance is because of a unique hardship of the land, not to optimize the site for the ap~licant; can a reasonable house be constructed on the p rope rty? Mulcahy noted that the hardships of the lot have been stressed; ordinance also refers to "practical difficulties". Mulcahy said that these, plus the economic difficulties, are the reasons the variances are requested; does not teel it appropriate to abandon - .2.- Minutes of Regular Council Meeting Page th ree June 13, 1977 the view. Mulcahy said he feels he can reorient the garage to reduce the street-side variance to 10' to 12' (request Is for 14'); asked Councl I to consider a 30'/30' setback (30' from street and lake property lines). . After discussion, Hanson moved, seconded by Crepeau, that Council approve a 9' maximum setback variance on the Lake Johanna Blvd. side of the lot (31' from property line), and a 15' maximum setback variance on the lake side of the lot (25' from the hIgh water mark); subject to consolidation of the two lots Into one building lot; no side yard variances are requested. Motion carried (Crepeau, Hanson, Crichton voting In favor of the motion; Woodburn, Wingert voting In opposition). Case No. 77-24, Variance - 1358 Elde Circle, Daniel Lipinski Miller referred Council to his report of 6/1/77, and attached alternate proposals. Reported that the Board of Appeals has recommended denial of the front setback variance; the Planning Commission has recommended approval. Mi lIer noted that this Odd-shaped lot comprises considerable area for building a house; not concerned that provisions of solar collectors necessarily dictates the shape and size of the balance of the house, or that It must be aligned. Lipinski said that house can be reoriented up to 120, but It would stili require a front variance of 15' (25' from cul-de-sac portion of the street), Mrs. Lipinski said the lot would provide for a long, narrow house, possibly without a variance, but they don't want that (have a mobile home now). Lipinski noted that all the Elde Circle residents have signed a statement that they have no objections to the proposed siting of the house; home will be In alignment with other homes on the street. After discussion, Wingert moved, seconded by Hanson, that Council approve the l5' front setback variance for the house at 1358 Elde Circle, on the basis that It maintains the character of the neighbor- hood as well as the alignment of homes on the street. Motion carried (Wingert, Hanson, Crichton, Crepeau voting In favor of the motion; Woodburn voting In opposition). Miller noted that the preceding variance points out the need for a closer and more stringent look at lot shapes and sizes at the platting stage. Case No. 77-14, Special Use Permit for a Town Crier Pancake House Restaurant Miller referred Counci I to his report of 6/2/77, to the Engl neers letter of 6/6/77, to the site plan and to the contingencies upon which the Planning Commission bases Its recommendation for approval of the Issuance of a Special Use Permit for the construction and operation of a restaurant at the northwest corner of Lexington Avenue and Red Fox Road. . Miller reviewed the six (6) contingencies recommended by the Planning Commission (Minutes dated 6/7/77), noted that he is not certain that the westerly driveway needs to be an "Exit" only; driveway can accommodate two-way traffic. Miller noted that a recorded lot spl It is necessary In order to separate the restaurant use (permitted by Special Use Permit) from the balance of the site, whiCh Is not included under the Special Use Permit. Miller noted that a lighting and slgnage plan should be submitted. After discussion, Crichton moved, seconded by Woodburn, that Councl I approve the Issuance of a Special Use Permit for the construction and operation of a Town Crier Pancake House restaurant as per plan dated received 6/7/77, and approval of the lot split as dimensioned, subject to the 6 points outlined In the Planning Commission Minutes of 6/7/77. -3- Minutes of Regular CouncIl Meeting Pa,ge fou t- June 13, 1977 After further d;scusslon, Woodburn moved to amend the motion, dropping condition number 6 (establishment Of Exit and Entrance drl ves ...). Arnandmet,t was approved by Crl chton and amended motion carried unanimously. (Note: Amount of Landscape Bond and park dedication to be determined prior to Issuance of the Special Use Permit.) Case No. 77-21, Amended Special Use Permit - Addition to'~lnnesota Baptist Conference Bul Idln~ Miller reviewed the origInal Special Use Permit for the Minnesota Baptist Conference property at 1901 West County Road E2 (Case No. 70-19, a church-related office structure In an R-I zone). . Miller referred Council to his report of 611/77, the Minutes of the PlannIng Commission Meeting of 6/7/77 and to the sIte plan and buIlding elevations submitted with Case 77-21, noting that the proposed two-story buIlding addition comprises about 2,140 sq. ft. at the rear of the existing buIlding; proposed use is 50% office and 50% work space with 6 additional parking spaces. Miller noted that the proposed addition will not cause overdevelopment of the site nor radically alter the appearance and operation of the existing facility; reported that the Planning Commission recommends Counci I approval of Issuance 0+ the Amended Special Use Permit for the proposed building and parking lot expansion. After discussion, Woodburn moved, seconded by Wingert, that Council approve the Issuance of an Amended Special Use Permit for the expanded Minnesota Baptist Conference facility 9S per pl3n dated May 2, 1977. Motion carried (Woodburn, Wingert, Crepeau, Hanson voting In favor of the motion; Crichton abstained). Case No. 77-20, Preliminary Plat - Weaver Oak Heights Mr. Tom Weaver presented a revised Preliminary Plat consisting of 3 lots, which revises the plat discussed and recommended for approval by the Planning Commission. Weaver explained that Rice Creek Watershed wi II not permit filling the larger swamp area; said that he, and the other owners of the property, prefer to pi at and sell Lots I and 3 now, as shown (each lot - 108' wide X 132' deep), and to retain lot. 2 at 282' X 132', hopefully subdividing It Into 3 lots at some future tl me. After discussion, Wingert moved, seconded by Hanson, that Council approve the revised Preliminary Plat of Weaver Oak Heights dated received 6/13/77. Motion carried unanimously. Crichton noted that the plat may be subject to park dadlcatlon; suggested that Weaver discuss this matter with the Parks Committee. . Case No. 77-22, Minor Subdivision (Lot Spilt) and Case No. 77-23; Minor Subdivision (Lot Spilt) and Special Use Permit for a Doub~e BunQalow Miller explained that these two cases comprise 3 proposalS requiring 3 decisions; Case No. 77-23 being dependent upon approval of Case No. 77-22. Miller I'eferred Council to his report (6/1/77>, and attach- ments, and described the proposed spilt of the approximately 8.5 acres Into 3 parcels; parcel I to be retained by the owner; parcel 2 to be sold and subdivided Into 3 building lots, one lot on which buyer requests a Special Use Permit for a double bungalow ICase No. 77-23); parcel 3 to be sold and consolidated with the property to the north. In discussion rethe proposed minor subdivision of the 8.5 acre parcel Into 3 parcels, it was noted that the surveys submitted describe parcels I and 3 to the center of the TH 51-125 Highway Right-of-way easement (vacated). Crichton reported that the Parks Committee recommends a pedestrian tral I within the highway easement with access to this corridor from Hamllne Avenue at a point across Hamllne f,om Floral Park; trail Is proposed to connect Floral Park with Cummings Park on Lexington Avenue, south of Karth Lake. Council reviewed a proposed trail location, submitted by Mr. Rexeisen, which proposes an access area to Hamllne Avenue from the highway -4- Minutes of Regular Counci I Meeting Page five June 13, 1977 easement area across the south portlon of the Buesing property which the City could obtain for $12,000. Crichton noted that the minor 3-parcel subdivision will be subject to park dedication of 10% of the value of the undeveloped land. After discussion, Wingert moved that the Council approve the 3- parcel minor subdivision of the Buesing 8.5 acre property as shown on the surveys presented with Case No. 77-22, noting parcel #3 Is to be consolidated with property to the north. Motion was seconded by Crichton. . After further discussion re access width and exact location desired, Wingert wlthdre'~ his motion and Crichton concurred. Council referred the matter to the Parks Committee for Its recommendations to the Council for consideration at Its June 27th meeting. Mr. William Day, purchaser of parcel 2, suggested that Council make Its approval contingent upon the Parks Committee resolving the park dedication negotiations, would prefer not having to walt another month on his minor subdivision and Special Use Permit application for a double bungalow. Crichton moved, seconded by Hanson, that Councl I approve the 3-way subdivision and a fourth parcel for a trail, subject to resolution of the park dedication and contingent upon a re-draft of the R.L.S. in further discussion, It was determined that some proposal for park dedication should be submitted to the Parks Committee on the split of the Buesing property, Including an access to the trail from Hamllne, prior to approval of the 3-parcel subdivision; therefore, . ...cr I chto~.w I !h drew hi s mot I Oil <~;d~.!'$!' s_on.l( l.t~,drew his secon It. 1oOI ~J.-- ." .~~ftA.)~~ 7/~.~ 't7..c,(4to.""'~zj,~~' Mr. Rexelsen was requested to submit a proposal to fhe Parks Committee on Tuesday, June 15th. Council deferred Its action until the June 27th meeting. Miller referred Council to his report re Case No. 77-23 dated 6/1/77 and noted that a double bungalow on the center lot of the 3 lot minor subdivision of parcel 2 Is proposed, which Is a permitted use in an R-I zone with a Special Use Permit. Miller said that In his analysis, the two-family usage of this lot would not be In compatible with surrounding development; It represents an appropriate development for the relatively large lot, and Is a reasonable progression from slngle-fami Iy to limited business area. . Wingert noted that public sentiment at the Public Hearing was to oppose a double bungalow; Planning Commission recommended approval of the double bungalow. Mr. Day showed a sketch of the proposed tWO-family house which he said meets al I ordinance requirements; proposes two driveweys which will Join with only one curb cut onto Hamllne Avenue. ~ After dlscusslon,^Crlchton and Hanson Indicated that If Councl I approves the previous minor subdivision of the Buesing property, and the minor subdivision of parcel 2 Into three lots, they would approve the Special Use Permit for the double bungalow on the center lot, as proposed. Wingert Indicated he Is In favor of the 3-lot subdivision of parcel 2, but not the concept of the double bun ga I ow . Diane McAllister noted that the residents at the Public Hearing were not necessarily opposed to this particular two-family house; do not want a row of double bungalows. Council deferred Its action pending the Parks Committee's recommenda- tions pertaining to Case No. 77-22 which must be resolved prior to consideration of Case No. 77-23. Case No. 77-28. Standard Station - Expansion of ParklnQ Area Mil Ber explained that the additional 20' X 60' parking Is proposed so that the Indiscriminate boulevard parking can be eliminated; boulevard Is to be landscaped. -5- Minutes of Regular Council Meeting Page six June 13, 1977 After review of the amended site plan, and discussion, Wingert moved, seconded by Woodburn, that Council approve the expanded parking area, as per plan dated revised 5/24/77, contingent upon Council's approval of the landscape plan to be submitted for the boulevard and area east of the parking lot addition. Motion was carried unanimously. OTHER BUS I NESS. Police Union Contract Crichton reported that the Pollee Union Is In general agreement with the contract, as revised by Councl I, and presented to them In rough draft form. Crichton reviewed two points which were negotiated since his last report to Council. . After discussion, Council referred the Contract to Attorney Lynden to be drafted In Its final form for Counci I's consideration and approva I. Park Dedication Negotiations - Status Report Crichton report~d that the developer of Karth Lake Estates has requested an appraisal of the property prior to completing negotiations re park dedication. Crichton reported he has not met with Skyline Builders regarding the Janet Estates park dedication to date. Fire Protection Crichton reported that the Fire Contract based on ml II rate appears to be progressing satiSfactorily; noted that the fire department does expect compensation for Inspections requested by the City; department desires to keep the matter of converting the dispatching open as well as the future purchase of an aerial ladder truck; expects to have a finalized draft of the contract this week for consideration by the Cities. Metropolitan System Statement Wingert reported that Planner Miller has been working with Dorothy Zehm, gathering statistics and growth Information which the City can project; Intend to schedule a meeting with the Planning Commission sub-committee, ""etro Council representatives and any of the Councl I who would like to attend, prior to preparing the statement for Arden Hills Flaherty Propos~ Council was referred to MCNlesh's memo (5/27/77) re Flaherty's proposed Arden Bowl expansion. Councl I concurred that the existing site already exceeds the permitted lot coverage by buildings and parking lots; second site would be preferable. M.W.C.C. Industrial StrenQth CharQe McNlesh referred Council to the draft of the Ordinance, which has been Introduced by Title, and to Attorney Lynden's letter of 5/27/77 re suggested revisions for Council's consideration. . Atter discussion, matter was dsferred to a Counci I Meeting when Attorney Lynden Is present. Resolution No. 77-26, Appointing Law Firm re Northwestern ColleQe Summon s Wingert moved, seconded by Crichton, that Council approve Resolution No. 77-26, APPOINTING PIERRE N. REGN!ER OF THE JAROINE, LOGAN AND O'BRIEN LAW FIRM TO REPRESENT THE CITY IN THE MATTER OF NORTHWESTERN COLLEGE vs. CITY OF ARDEN HILLS, et al. Motion carried unanimously. PUBLIC SAFETY COMMITTEE RECOMMENDATIONS CB Radio for Sq~ad Cars and Scanner Crichton reported that Lieutenant McCal I has withdrawn the requests for purchase of the CB radios ano scanner; has determined that the department has a sufficient number of scanners at this time; former Chief Sexton stl! I has one. -6- Minutes of Regular Council Meeting Page seven June 13, 1977 Crichton moved, seconded by Wingert, that Counc! I authorize McNlesh to prepare a Resclutlon recognizing Chief Sexton's years of service to Arden Hills and giving him the scanner and the pollee dog as tokens of appreciation. Motion carried unanimously. Highway 51 and Glenhlll Road Reflectors Crichton reported that the reflectors have been Installed. Freeway Towing Council was referred to Lt. McCal l's memo. A representatIve of Freeway Towing gave Councl I evidence of Insurance which he said Is effective from May 22, 1977 to June 22, 1978. Crichton read the list of minimum requirements for the Arden Hi lis Police Department's towing needs. Freeway Towing said they qualify for all the requirements listed. . After discussion, Crichton moved, seconded by Wingert, that Council authorize the Police Department to call upon Freeway Towing, as appropriate. Motion carried unanimously. Reserve Officers Mr. Tatley asked Councl I to reconsider the reinstatement of the Police Reserve officers In Arden HI lis. After discussion, Councl I concurred that the matter be deferred until a Pollee Chief Is appointed; should be the Chief's decision as to whether he desires to recommend re-actlvatlon of a reserve unit. Special Schooling - Police Crichton moved, seconded by Woodburn, that Councl I authorize McCal I to make arrangements for special schooling for a police officer for 5 to 10 weeks at a maximum cost of $280.00. Motion carried unanimously. Crichton noted that other schooling and training opportunities for officers are available from time to time; some have recently completed a First-Aid course. REPORT OF CLERK ADMINISTRATOR CHARLOTTE MCNIESH Request for Time Extension for Final Plat - Karth Lake Hills Woodburn moved, seconded by Crichton, that Council authorize a time extension to September 15, 1977 for submission of the Final Plat of Karth Lake HI I Is for Council approval. Motion carried unanimously. . ReQuest for Approval of Temporary Employees: Tree inspector Crichton moved, seconded by Woodburn, that Councl I approve the hiring of Robert J. Focht as Tree Inspector at $4.75/hour, from June 20. 1977 to September 30. 1977. Motion carried unani- mously. Four CETA Maintenance Workers Crichton moved, seconded by Hanson, that Council authorize the hiring of Douglas Fish and the four CETA employees (Gary Papenfuss. Matt Haugen, Eero Mattson and Linda Richart) as per Buckley memo of 6/9/77. Motion carried (Crichton, Hanson, Wingert. Crepeau voting In favor of the motion; Woodburn voting In opposition). . Summer Proqram Instructors Crichton moved. seconded by Wingert, that Council approve the hiring of the Summer Program instructors. Shelter Supervisor, and umpires, as per memo from Buckley dated 6/13/77. Motion carried unanimously. Accounting Clerk Woodburn moved, seconded by Hanson, that Council authorize the hiring of Gerl Beck on a temporary basis for peak load office work at $4.50/hour, as per McNlesh memo of 6/10/77. Motion carried unanimously. -7- MI~utes of Regular Council Meeting Page eight June 13, 1977 . Certificate of Deposit - Skyline Builders Hanson moved, seconded by Woodburn, that Councl I authorize the rol I-over of the Certificate of Deposit from Skyline Builders for another 30 days. Motion carried unanimously. Revised Budaet Calendar McNlesh referred Council to the revised Bud~et Calendar; noted that on September 8, at the Regular Finance Committee Meeting, a Public Hearing ull I be held on the proposed use of Revenue Sharing Funds; September 26th the Councl I approves the budget and tax levy and a Public Hearing Is held re Revenue Sharing Fund Budget. 1977 Licenses Approval Woodburn moved, seconded by Crichton, that Councl I approve the seven 1977 Licenses as listed and presented to Councl I for approval on 6/13/77. Motion carried unanimously. Claims and Pavroll Woodburn moved, seconded by Wingert, that Councl I approve the Claims and Payroll as submitted; cheeks numbered 9959 and 9981 to be held pending Information requested, prior to release for payment. 'Motion carried unanimously. Plannlna Commission Appointment Crepeau appointed Terence McCloskey, 3440 Glenarden Road, as an alternate member of the Planning Commission. Wingert moved, seconded by Woodburn, that Council approve the appointment. Motion carried unanimously. Adjournment Wingert moved, seconded by Hanson, that the meeting adjourn at 2:00 a.m. Motion carried unanimously. ~~~ Charlotte McNlesh Clerk Administrator Notice of Meetlna The next regular Councl I Meeting will be held on Monday, June 27, H977 81' 7:30 p.m. at the Village Hall. . -8- 19'77 LICENSE APPLICATIONS PENDING COUNC I L APPROVAL NECESSARY I. Arden Hi II s Sportsman's Club Restaurant @ 114.58 For Tony Schmidt Park Beach Pro-rated for Concession Stand 7 months (new) 2. Arden Hills CI ub Restaurant @ 14.58 4177 Fernwood P ro- rate d for (same) 7 months 3. Big Ten Supper CI ub Over-counter soft drink @ 15.00 4703 Hi ghway 10 . (same) 4. Bethel College Over-counter soft drink @ 15.00 3900 Bethel Drive (new) 5. Northwestern Co I lege Over-counter soft drink @ 15.00 3003 N. Snelling (new) 6. Stea k Inn Restaurant @ 25.00 1310 W. cty. Rd. E Over-counter soft drink 15.00 (same) 7. Twin City Novelty Company Jukebox @ 12.50 for McGui res Pi nba I I (2 ) @ 8.33 ea. 120 I W. Cty. Road E Prorate d fo r (new) 10 months .