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HomeMy WebLinkAboutCC 09-14-1981 Minutes of Regular Council Heeting Village of Arden Hills Monday, September 14, 1981 - 7:30 p.m. Village Hall Call to Order Pursuant to due call and notice thereof, Mayor Woodburn called the meeting to order at 7:30 p.m. Roll Call Present - Mayor Fobert Woodburn, Councilmen Diane McAllister Maurice Johnson, Janet Hol1enhorst, James Wingert Ab sent - None . Also Present - Engineer Donald Christoffersen, Planner Orlyn Hiller, Treasurer Donald Lamb, Clerk Administrator ~harlotte McNiesh, Deputy Clerk Dorothy Zehm. Approval of Minutes Wingert moved, seconded by Johnson, that the Minutes of the Reg- ular Council Meeting of August 31sr be approved as amended. Hotion carried unanimously (5-0). Business from the Floor Hr Roy Hjort, 1151 Tiller Lane, said that water has been grad-. ually undermining his yard as the result of the Hunter's Park development; had understood at the time the area to the south would not be affected; explained that the problem seems to be in the area o~ the culvert. Christoffersen was requested to look into the problem and report findings to Council Hjort said he also has an Elm tree that was struck by lightning and appears to be dying. Hjort was advised that the City no longer subsidizes diseased tree removal, but will have the City tree inspector check the tree and advise of its condition. Mrs. Lofquist 1377 Cummings Lane, said she understands the house next door to her has been sold for a home for mentally retarded -persons; said there are six famili~$~n Cummings Lane affected by this, who - she said - will suffer;\propertv losses; residents on Cummings Lane should have received a one-year notice prior to de- veloping in this manner according to Minnesota Statutes. Mrs. Lofqu~t was advised that the City Attorney has been requested to report to Council on this matter. A P P 1 i cat ion for P a ym e .!'S_....:....!...lJJ.~<!_P_,,1J15 i n.L C 0-,_ Council was referred to Application for Payment from Allied Painting and Renovating Inc., in the amount of $28,405.00 (water tower painting contract). . ,Christoffersen reported that the job has been completed, and is acceptable to Johansen and himself; noted that there are about 87 claims for over-spray damage, that are pending resolution, amount- ing to an estimated $87QO + (contractor has $100 deductible/each claim). Christoffersen notid that the City Attorney recommends withholding an amount to cover claims and claim processing. After discussion, Wingert moved, seconded by Ho1lenhorst, that Council authorize payment of $18,450.00; retainage of $10,000.00. Motion carried unanimously. (5-0) REPORT OF VILLAGE PLANNER ORLYN MILLER Case No. 81-12, Christianson/Heimbach Addition - Fi.nal Pla.!....Jl.ll~ Park Dedication------- Council was referred to a transparency of the Christianson Heimbach final plat. Miller reported that the City Engineer has approved the grading plan, which was a conti.ngency of preliminary plat approval; advised that tne tinal plat is basically identical to the approved prelimfnary plat. Minutes of regular Council Meeting September 14, 1981 In discussion, it was noted that the front setback line on all four lots was previously required to be in line with the house on Dunlap. Miller advised that setbacks are not normally shown on final plats; it is a contingency of the preliminary plat approval. McAllister reported that Christianson placed an SSOOO/acre value on the approximate 3 + acre site; therefore park dedication, at 10%, would be $2400 for the four lots, McAllister moved that Council approve $2400 as full satisfaction of the Christianson Heimbach Addition park dedication requirement, payable 1/3 at issuance of next three building permits; total pay- ment by December 31, 1982. Hotion was seconded by Win!,ert and carried unanimously (5-0). ~ingert moved that Council approve the final plat of Christianson Heimbach Addition as presented. Hotion was seconded by Hollenhorst. . Johnson moved to amend the motion and add the contingencv that all front setbacks are to be in line with the existing house on the corner of Dunlap and Tiller Lane. Notion as amended carried unan- imously (5-0). Case No. 81-24, Front Setback Variance for House at Siems Court and Arden PIa ce-----..-"'--m..---- Council was referied to a transparency of the 61' wide lot, indicat- ing the proposed house at 30' setback. Hiller noted that exist- ing houses along that side of the street are at varying setbacks; house on lot immediately to the north is 2' ~ from the south pro- perty line'. Hiller explained that the applicant proposes to maintain the re- quired side setbacks; the 30' front setback will enable him to locate his house without impacting view of lake for the neigbbor to the north; also his house can be sited into the hill (as in- dicated on site section drawing) with garage on street side at one story and lake side at 3 story. It was further explained that the house will be designed to utilize passive solar enerr,y; therefore the applicant wishes to maintain a reasonable setback from the south property line to protect its solar access; property to the south is not developed. Hiller reported that the Board of Appeals and Planning Commission recommend Council approval of the 10' front setback variance. It was noted by Christoffersen that the area is served by sewer and water; City policy is that homeowner is responsible for services from house to main; insulation of water line may be necessary to keep it from freezing if it is to be under the drive- way as indicated. wingert moved, seconded by Ho11enhorst, that Council approve the 10' front setback variance because of the hardship of the narrow lot width and steep grade of the land; Motion carried unanimously (5-0) . Case No. 81- 25, Frp_ll_t_2.e.!.b_".s.k._Vi'_r} .~"'~J..QQ_~-Yen u "-.!> ve_n_ue.,,--. . James P. Helfmann Council was referred to transparency of lot at 1804 Venus Ave. showing the existing house and garage, and the proposed living space and garage space expansion. Also shown were the existing homes on the adjacent lots to the east and west of the subject lot. Miller explained that a previous variance was granted on this lot for medical purposes, but the addition had not been con- strdcted before house was sold. Miller reported that the Board of Appeals recommends approval of the 15' variance; subject to neighbors approval; Planning Commis- sion recommends denial on the basis that the lot does not impose any particular hardship. -2- Minutes of Regular Council -Meeting September 14, 1981 In discussion, Miller noted previous variance reouests for expan- sion of living space and garage additionS which were granted, apparently to encourage property improvement. Applicant Helfman presented a modified sketch for a 22' x 28' garage which would require a 13' rather than 15' setback variance. Helfman said alternative options were considered but are not fea- sible without extreme excavation which is not practical. It was noted that the lot is large enough to accommodate a house of the proposed size, if applicant could start over; appears the hard- ship is the existing house location, which is an "economIc rather than "land" hardship. Concern was expressed with line of sight for neighbor to the west. When asked if he discussed the variance with his neighbor, Helfman said he did: neighbor to east approved, . neighbor to west did not. Applicant showed elevations of the lots in the neighborhood; noted that the only logical space for the addition is as proposed. noted that house to the west is at a higher elevation and the addition would not therefore impact their view. After discussion, McAllister moved that Council deny the 15' front sethack variance on the basIs that the lot does not impose any particular hardship and the encroach- ment would obstruct the line of sight of neighbors to the west. Hotion was seconded by Hol1enhorst and carried unanimously (5-0). It was explained that a substantially modified plan can be sub- mitted for consideration without delay; a 6 month delay is re- quired for re-submIttal of this variance. ~ase No. 81-23, Arden Oaks - PrelIminary Plat and Peauest for Village to Install Improvements - Council was referred to the proposed Preliminary Plat of Arden Oaks, a 42 lot single-family subdivision which he described as a modification of the previous Preliminary Plat of the area, apprOVEd for a~other owner, but not pursued to the final plat stage prior to sale of the property. In review, Miller reported that the 21.3 acre plat as now proposed, includes a tot-lot and 42 single family lots; the Parks Committee recommends adding lots 14 and 15, Block 2, to the desIgnated tot lot. which would result in a 1.5 acre park dedication. Miller noted that a "hammerhead" turn-around area was previously required within the plat at Pascal Ave. which should be provided on lot 21; noted that some of the lots do not meet dImensional requirements, but it appears they can be brought into conformance with minor ad- justment of lot lines. Miller noted that the primary difference between this design and that of the previous plat is the short cul-de-sac, in place of a through street. A transparency, indicating recommended modifications, was shown, and alternate park site options were discussed. . Mr. Laughinghouse (applicant) showed charts identifying present conditions of the site (major barriers - roads, railroad, ponds) rough drainage and grading and utility plans; also presented an illustr ation of how a house could be designed on one of the "dif- icult" lots. Laughinghouse said he is negotiating the purchase of a lot or two south of the site, on Wesley; suggested this area, if acquired, as a possible park area option for consideration. In discussion of access to lot 1, block 2, LaughInphouse said he would be amenable to an access easement over lot 2. Hiller said access is possible from Snelling, but it must he held to the south edge of the lot; said he has not evaluated which is better. Christoffersen briefly described how utilities will be provided to the site, extendIng existing services as proposed in previously prepared feasibility study; noted that the plan includes serving all lots on Wesley and Snelling, outside the plat as well; advised that a sewage pumping station is proposed; water line will be looped. - 3- Minutes of Regular Council Meeti~g September 14, 1981 Christoffersen said that two contracts will be more costly than under a single contract (up to and including the plat); suggested sewer and water would probably be assessed on a unit basis for a more even spread of costs. Laughinghouse said he feels it is tha City's responsibility to provide the utilities to the site; costs within the site, the responsibility of the developer; feels it is not fair to be asses- sed for cost of bringing utilities to the project. Christoffersen explained that this is not an assessment bearing tonight, but it is his understanding that properties receiving an area assessment can later be assessed for direct ~ervice. The road-cut to Sne] Itnp t"a~ discuc:;sed. ~rtl1er revieH.?c1 neiFhhnr- . hood concerns, expressed et the time a retirement home develop- ment was proposed; wanted Snelling to serve as the only access to the site, with an emergency access only from County Pd. E. Miller reported that when a single-family development was later proposed, two access points were desired. It was noted that the proposed access from Snelling is steep, but with an alternate access, the Snelling access is acceptable. It was suggested that since lot 1, block 2 is a single lot, a turn-around on the lot might be the best solution; lot has 124' frontage on Snelling; noted it is already a lot of record. After further discussion re optional lot groupings for a 1~ to acre park, McAllister moved, seconded by Wingert that Council approve the Preliminary Plat of Arden Oaks, subject to: OL L. ~~: 1. Satisfaction of park dedication; park size and location to be resolved by developer and Council. 2. Modification of plat as recommended by the City Planner, to bring lots into conformance. 3. l\pproval of lltility and p-r8ding pl ans by ri t.v Enpineer. 4. Provision of "baml1'erhead" easement on Lot 21, Elock 3. 5. Modification of road alirnment to parallel the east line of the excepted property to eliminate sliver of land extending south from Lot 2, 810ck 2. After further discussion of park options, Winfert moved to table tile motion until the next Council meeting in order to see the re- draft of the modified preliminary plat with a 1.5 to 2 acre park in the area of lots 13, 14 and 15, block 3. llotion cRrried unan- imously (5-0). (Council suggested that developer work with Planner Miller on the plat re-draft for CounCil's consideration). McNiesh reported that she has received a petition from 100% of the property owners requesting the City to install the utilities and streets within the plat. In discussion, it was noted that an up to date feasibility study will be needed to include internal plat . facilities (current feasibility report only brings utilities to the site). In discussion, it was queried whether the feasibility study could be completed, and the project authorized in time to include in the bond issue. Concern was expressed re bonding for a project prior to awarding bids (developer could back out if bids come in too high). Chris toffersen suggested that a Development Agreement be required, guaranteeing reimbursement of Engineering costs if pro- ject is abandoned by developer. McNiesh was requested to invite Bond Counsel Popovich to attend the Sept. 28th Council meeting relative to bonding concerns re this project. Laughinghouse said they had hoped to start grading this fall; strongly requests City to put in the utilities. -/. Minutes of Regular Council Meeting September 14. 1981 Sewer Element of (omprehe"E3ive_~~ Christoffersen reported that Metro Sewer Board has requested copies of Sewer Agreements that Arden Dills has with other munic- ipalities. Council concurred that Metro Sewer Board be provided with copies of the requested agreements. Case No. 81-26, Fence Variance - 1326 Karth Lake Circle (Richard Kramp notpresen-t).-"----"-----"---- Miller explained that a year or two ago a solid 6' high fence was requested by the applicant and denied. Applicant re-construcred fence to comply with "30% open" ordinance requirement and built . a"board on board" fence which now exists. Miller said the applicant finds the board-on-board fence diffi- cult to maintain and keep in repair; wants to replace it with a solid fence. Miller reported that the Board of Appeals and Planning Commission recommend denial of the request. llollenhorst moved, seconded by McAllister, that Council deny the variance for a solid fence because a hardship, because of land factors, has not been established. Motion carried unanimously (5-0) . Case No. 81-27, Lo t_Sj' Ii t - 4 4"6 3__~Jrll"'~'-L]J_~ llollenhorst moved, seconded by Johnson, that Council table con- sideration of the lot split indefinitely, at the request of Mr. Ceorge Bona. Motion carried unanimously (5-0). Civil Defense Sirens Council was referre'd-to Public Safety Committee's request that Planner Miller attend the next Public Safety Committee meeting to report on proposed Arden Dill's siren. Miller said he will contact Councilman Johnson relative to the status of his report prior to the Public Safety meeting. Zoning Ordinance ~ Interpretation of Sec. VI P.2. Permitted Encroachments It was queried whether patios are permitted to encroach 3 feet into required front,'side and rear setbacks (part of a principal structure) or permitted ti be located in rear yards not less than t~'o feet from any lot line (recreational equipment "uncovered out- door eating facility." l>;atter was deferred to' Council meeting of Sept. 28th for Council's interpretation of Ordinance requirements. REPORT OF VILLAGE TREASURER DONALD LAMB Investments 9-8-81 - $270,951.18 at Twin City Federal for 6 months @ 17.80%, maturing 3/8/82. . 9-14-81 $100,000 at Twin City Federal for 60 days @ 16.50% maturing 11/16/81, and $149,585.33 for 30 days @ 16.40%, maturing 10-14-81. McAllister moved, seconded by Wingert, that Council ratify the Treasurer's investments. Motion carried unanimously. (5-0). OTHER BUSINESS Planning Consultant - Cummings Park McAllister moved, seconde dby-johnson' , that Council appoint Wehrman Consultants Associated as consultant for Cummings Park. Motion carried (4-1) (Wingert voting in opposition). Policy for park development was discussed. It was felt that there should be some understanding by Council, the Parks Committee and Parks Director of the specific circumstances which require Planner involvement as park consultant. -5- Ninutes of Regular Council Meeting September 14, 1981 Pe rs onne 1 for Park s an~.!'!'5.:r.!'.,,_tXo.!~_.F:_a.I_!.X!_oJLr~ Council was referred to Buckley's memo of 9-3-81 listing leader- ship needs to conduct the Fall Program. After discussion, McAllister moved, seconded by Wingert, that Council approve the leadership rates recommended in Buckley's memo. Motion carried unanimously (5-0). Public Safety Committee Recommendations A. Proposed 19-if2-'R-a--ms'ey-Eo'u!lty-St;~riJf's Con!Ea_c_t Council was referred to Public Safety Committee Minutes of 9-2-81 re 1982 Ramsey Cou~ty Sheriff's Budget. Council discussed th~ points of concern; ~ueried the job of the two sergeants, to what extent they benefit Arden Hills. . B. .!:.ire D,,~!_t.~-,,_n.~_.::-.!'a.!2<L!'1.!'.:r.!"_s_ Johnson reported that Fire Chief Koch has been on vacation; will discuss this matter with him when he returns. Or di nan ce Amend i ng2ec ti-"~-:-..!.?!..Jl..ul} d i "'.!LJ=od,,__ Council authorized Attorney Lynden to draft an ordinance arrend- ing Sec. 6-16 of the City Code to accommodate Uniform Building Code, 1979 and future editions. Fi n al Lan d s c ape In s pe c t i 9.E..~"=.E2...!.!.._~?_L!..=-8J.~_J.e xi n p t on fve n ue Council concurred to defer issuance of additional occupancy per- mits for the building at 3771-89 No. Lexington Avenue until the landscaping is completed as per approved plan. (Building has a partial occupancy permit.) Sewer Utility Rates - Resolution No. 81-60 Hollenhorst moved, seconded by ~ingert, that Council adopt PESO- LUTION ESTABLISnINC srWER RATES rFFECTIVE OCTOBEP 1, 1981, a 40Z increase as recommended by the finance Committee (Minutes of 9- 1 t -- 8 1). Mo t ion car r i e dun ani m 0 u sly (5 - n) . Ag re~.rnen t - Signa 1._"'2.s t2m_~cx_i-,"-g..!.o_n_..!'~...9__ ('oun ty"~O'I..'!....I.._ Tabled to a later meeting, Pending resolution of costs applic- able to Arden nills. 1" e q u~.t_ o_l,t. t~Tl.<l~a_E..k_i'!'.d_...re_c_re.a.!_i ,0 .n_};!~t ,i2..Tl_".l...c:.<>.!"'.E e s.':._ Council was r~ferred to Buckley's merro of 9-11-Rl. McAllister moved to approve Buckley's attendance at the 10Rl N.R.P.A. National Congress in Minneapolis, October 24th throufh October 29th and payment of the $175.00 registration fee. Motion vas seconded by HOllenhorst and carried unanimously. (5-0). REPORT OF VILLPC,E CLEPK PDllINISTRt,TOP ClIfPLOTTE He ~nr:sl! Au d iJ:.Q. r_fO_L li!.:L.Y i 1..1.1Il2." .!..<::.c.".u n..ts Hollenhorst moved to appoint Lethert, Skwira, Schultz and Company to audit the 1981 Village Pccounts. Potion was seconded by McAllister and carried unanimously (5-0). (McNiesh to irtvite pro- posals for 1982 audit). . Claims --~, Mc~iesh referred Council to list of claims in the R~ount of $31,460.17 (to appear on October Disbursements) in addition to list of September Dishursements. ~ingert moved, seconded by nollenhorst, that Council approve the September claims, inCluding the $31,460.17 as listed. Motion carried unanimously (5-0). -6- . . . . Minutes of Pegular Council Meeting September 14, 1981 Council Peports McAllister asked Village policy as to Finance Committee's respon- sibility relative to long range capital improvements. It was the general concensus of Council that the various committees are ad- visory to Council and may establish their own parameters; Council would encourage the Finance Committee to pursue study of long range capital outlay. McAllister reported that the Committee has expressed interest in knowing of long range items that are anticipated. Adjournment Hollenhorst moved, seconded by Wingert, that the meeting adjourn at 12:55 a.m. Motion carried unanimously. /l~ 1/;' (/-) / I' ./1 ..~ ,__. "._/ /\/'-:/' /_//1 / ~/11.. c'{/l4J!;/V\f.C:/ f[( ?~_ Charlotte McNiesh Clerk Administrator /fld~/:;%~~~ Fobert L. Woodburn }! a yo r Notice of }'ee_tinr~__ Special Council/Finance Committee Meeting, Thursday, September 17th at 7:00 p.m. Regular Council Meeting, Monday, Septemcer 28th at 7:30 p.m. -7-